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1999-0907 Council PACKET
ca Important: Any c�Uzen attending council meetings may speak on any item on the agenda, unless it�s the subject of a public heanng which;has been closed. If you wish to speak, please fill out the Speaker Request Chambers: The chair will.recognize 0 n allotted to you. The tirrie granted will be dependent item under discussion, of peoplMig" to be heard, and the length of the agei AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 7, 1999 Civic Center Council Chambers, 1175 E. Main Street I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. 11 ROLL CALL: III APPROVAL OF MINUTES: Regular meeting minutes of August 17, 1999. IV SPECIAL PRESENTATIONS & AWARDS: V CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Liquor License Application from Sharon Hull dba/The Boudashery LTD. 4. Sign two Final Airport Hangar Land Lease Agreements. 5. Approval of Street Cut on Pinecrest Terrace to Install a Residential Gas Service at 1488 Pinecrest Terrace. 6. Granting an Access and Utility Easement to Eugene and Patricia Hardwick. V11 PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Public Hearing regarding withdrawing an annexed area (Washington Street)from Jackson County Fire District No. 5. 2. Public Hearing regarding design of Hillah Temple. 3. Public Hearing regarding vacating a portion of"A" Street easterly of Oak Street. VII PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) FCOuncil Meeting Pkt- CITY RECORDER'S OFFICE VIII UNFINISHED BUSINESS: (None) IX NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Acceptance of Pedestrian Easement through the Masonic Lodge Building, 25 N. Main Street. 3. Discussion regarding voting delegate for NLC meeting in December in Los Angeles. X ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. First.reading of"An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No. 5 (Washington Street Annexation by Neuman)." 2. First reading of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." 3. First reading of"An Ordinance Vacating a Portion of"A" Street Easterly of Oak Street." 4. Reading by title only of"A Resolution Setting a Public Hearing for the Final Assessment of the Westwood Street Local Improvement District to Provide for Improvements Consisting of Paving, Curbs, Gutters, Storm Drains, Sidewalk, and Associated Improvements, for the Extension of Westwood Street from its Existing Terminus at Orchard Street, approximately 1300 Feet Southerly." XI OTHER BUSINESS FROM COUNCIL MEMBERS: XII ADJOURNMENT: REMINDER Study Session on Thursday, September,9, 1999.at noon in 'F Pry, CounciFChambbrs:. Toprics.of discussion.will include 1�) ,11- 1 Storm=water ma"sterplari 2) Presentation and Ugdate4Qo Council regarding Elect`ric�Deregulation; 3) Discus"siorn regarding; ;Green Power; and, 4) Discussion of council travel and expense policy.'` MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 17, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Council Chairperson Don Laws called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck, Hanson, Wheeldon and Fine were present. Mayor Shaw and Councilor Reid were absent. APPROVAL OF MINUTES The minutes of the regular meeting of August 3, 1999 were approved as presented. SPECIAL PRESENTATIONS&AWARDS 1. Presentation by Kay Atwood regarding a History of Ashland City Government. Historical Consultant Kay Atwood spoke on the three-year history of the project, and presented the Council with a bound copy of the history book. Hanson complimented Atwood on the thoroughness of this project. Freeman noted that copies would be made available to the public for$20,which is the cost of printing. Atwood noted that copies are also available for viewing at the public library, the Southern Oregon University library, and the Southern Oregon Historical Society.Atwood explained that this project is not something that Citq's regularly do,that it is unique,and was begun at the request by former City Administrator Brian Almquist to be ready for the 125'"Anniversary of the City's incorporation in October. Laws noted that while this is a narrative history of the city government, it is also a history of the city and the general community as a whole. Fine complimented the style and breadth of the work. Wheeldon and Laws suggested placing a discussion of some sort of celebration of the anniversary of the City's incorporation on the council agenda after the Mayor's return. 2. Update and presentation by the Planning Commission. McLaughlin noted that the Planning Commission chair was absent due to a personal conflict,and asked that this item be rescheduled for a later date,either as a presentation or ajoint session. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Monthly Departmental Reports. 3. Confirmation of Mayor's appointment of Bruce Taylor to the Bicycle&Pedestrian Commission for a term to expire April 30,2001. Councilors Hanson/Fine m/s to approve Consent Agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM Eric Navickas/711 Faith Ave./With regard to the"H2OH"water quality report,noted that the report is inaccurate in saying that recreational use,timber harvest and pesticide use are restricted in the watershed. Noted that the ski slope is a recreational use,that a major development is planned,and then cited several instances where timber harvests have occurred. Distributed flyers regarding the HazRed issue. Noted that 8 million board feet of timber were removed to reduce fire danger 6 years ago, and questioned why 3.5 million more would need to be removed now. Asked for an independent study of the level of hazard existing, as the Forest Service has been untrustworthy in his view. August 17, 1999 Ashland City Council Regular Meeting 1 Wheeldon clarified that an environmental impact statement(EIS)has not yet been released. Wheeldon noted that she has been meeting with the watershed protection group and District Ranger Linda Duffy,and explained that one single action was not adequate to deal with fire hazard reduction. Stated that ongoing efforts are needed,and because of prior neglect more regular attention is needed now. Laws explained that Navickas' request for an independent had been received,and would be considered. Stated that council could place this item on the agenda now if they chose to do so. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Freeman noted that this item was informational,and that there have been no significant changes to the schedule since the last meeting. Noted that there would be a study session on Thursday,and that the previously scheduled discussion of a jurisdictional exchange would be postponed to a later meeting when Councilor Reid could be present(probably September 9'). 2. City of Ashland Limited Use Telecommunications Franchise Agreement with AT&T. Nolte explained "limited use"agreement, which was drafted because of the small portion of the city's right of way being used by.AT&T and the fact that no customers are directly served within the city. Stated that because this is limited use,franchise fees are to be based on linear feet rather than apercentdgeofgross. Emphasized that this complies with the telecommunications ordinance. Nolte confirmed for Hauck that AT&T has been in the right-of-way since 1988,and the city will be receiving payment dating back to 1988. Councilors Hauck/Wheeldon m/s to approve the City of Ashland Limited Use Telecommunications Franchise Agreement with AT&T. Roll call vote: Hauck,Laws,Hanson,Wheeldon,and Fine,YES. Motion passed. ORDINANCES RESOLUTIONS AND CONTRACTS_ 1. Second reading by title only of"An Ordinance Removing the Restriction on the Number of Taxicabs Which May Operate in the City and Increasing the Amount of Required Liability Insurance." Councilors Hauck/Hanson m/s to adopt Ordinance#2846. DISCUSSION:Laws questioned Nolte as to whether the existing franchise agreement with Yellow Cab restricts the city from making this change. Hauck clarified that he has copies of the agreement,and there are no restriction of this kind. Roll call vote:Wheeldon,Hauck, Fine,Hanson,and Laws,YES. Motion passed. 2. Second reading by title only of"An Ordinance Vacating a Portion of Indiana Street on Property Owned by Southern Oregon University near Siskiyou Boulevard." Councilors Wheeldon/Fine m/s to adopt Ordinance #2845. DISCUSSION: Laws clarified that this was a vacation of a portion of the street that is no longer used. Roll call vote: Fine,Hauck,Hanson, Wheeldon,and Laws,YES. Motion passed. 3. Second reading by title only of"An Ordinance Amending the Sign Code to Permit Temporary Signs 45 days Prior to an Election." Councilors Hauck/Wheeldon m/s to adopt Ordinance#2844. DISCUSSION: Laws explained that this change was due to sooner voting that occurs with voting by mail. Noted that this was brought forth by the City Recorder at the request of those conducting campaigns. Hauck noted it brings Ashland into line with other August 17 1999 Ashland City C ouncil Regular Meetin g 2 municipalities in the county. Roll call vote:Hauck,Hanson,and Wheeldon,YES. Fine and Laws,NO. Motion passed 3-2. 4. Reading by title only of"A Resolution Changing the Name of Renaissance Drive to Winter Drive." Councilors Fine/Wheeldon m/s to adopt Resolution#99-54. DISCUSSION: Laws explained that this street has only one residence,and the residents have requested the change. Fine asked for confirmation that the city would be bearing the cost of a new street sign,and Brown confirmed this. Hauck confirmed that this is a name from the approved historical street name list. Roll Call Vote: Wheeldon, Hanson, Fine, Hauck, and Laws, YES. Motion passed. 5. Reading by title only of"A Resolution Changing the Name of Spring Street to B Street." Councilors Fine/Wheeldon m/s to adopt Resolution#99-55. Discussion: Laws clarified the reasoning behind this change,noting that the street signs and the post office already consider this to be B Street,and it is merely a correction of City plat maps. Roll Call Vote: Hanson,Hauck,Fine,Wheeldon,and Laws,YES. Motion passed. 6. Reading by title only of"A Resolution Expressing the Sense of the Council with Respect to the Moral Obligation of City Government to Help Ameliorate the Effects of Certain Decisions Taken in the Public Interest." Fine noted that he had raised this issue at the last meeting, arising from the Blue Mountain Caf€situation. Briefly explained this situation,and the work he and Hanson had done with City Administrator Freeman and City Attorney Nolte to put the resolution in its present form. Noted a correction to the last line in section 3 which should read`9t is not the intent of the City to assure assume financial responsibility for any person or entity." Fine explained that staff was remaining neutral on this issue. Freeman explained for Wheeldon that staff is not recommending this item to council,and that they are not making a recommendation against it. Wheeldon suggested that there was a need for meaningful action rather than just a goodwill gesture, and discussed materials on relocation distributed by the Portland Development Commission. Questioned whether this resolution gave a future council any guide that could be quantifiable. Feels that there needs to be a way to cover relocation costs,as a way to provide a tool for use in negotiations to address the issue of displacement. Laws concurred that the resolution does not define quantifiable policy steps,but stated that this is the intention and that this is all that can be done given the diverse range of circumstances that might arise. Laws stated there is nothing wrong with supporting the council's commitmentto fairness with an official policy statement,and suggested that voting against the resolution at this point would send the wrong message. Wheeldon explained some of the information from the Portland Development Commission addressing the City ameliorating the effects of certain decisions made in the public interest. Fine noted that in meeting with Hanson, Freeman and Nolte,a relocation expenses ordinance was discussed,and the sense was that with the small number of condemnations which occur in Ashland it was not necessary or appropriate. Discussed how the Blue Mountain situation,and citizen response,echoes statements from Kay Atwood's report on city government in Ashland in the 1870's concerning a lack of confidence in council doing the right thing. Suggested that this resolution, in its very general format,is necessary as an assurance to the citizens that the council is committed to doing the right thing. August I Z 1999 Ashland City Council Regular Meeting 3 Hauck clarified that the previous council discussion had asked that the resolution be general in the sense that it not be applied specifically to Blue Mountain,but that there should be specificity to address relocation. Councilors Hanson/Fine m/s to adopt Resolution#99-52,with the correction in section 3 as previously noted. Roll Call Vote: Fine,Hanson,and Laws,YES. Wheeldon and Hauck,NO. Motion passed 3-2. 7. Reading by title only of"A Resolution of the City of Ashland Annexing a Contiguous Area to the City of Ashland,Oregon,and Providing for an Effective Date(Washington Street annexation by Neuman)." Councilors Hauck/Fine m/s to adopt Resolution#99-50. Roll call vote: Hauck, Fine,Wheeldon,Hanson,and Laws,YES. Motion passed. 8. Reading by title only of"A Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real Property from Jackson County Fire District No.5;and Directing Publication of Notice as Required by ORS 222.524(Washington Street annexation by Neuman)." Councilors Wheeldon/Fine m/s to adopt Resolution#99-51. Roll call vote: Fine,Wheeldon, Laws,Hanson, and Hauck,YES. Motion passed. 9. Reading by title only of"A Resolution of the City Council of The City of Ashland,Jackson County, Oregon,Authorizing a Loan Agreement." Freeman explained that this agreement is the culmination of years of effort by the city,the council and the staff. Briefly summarized the process,which began in 1996 when the council adopted the goal of developing a telecommunications infrastructure in response to the pending deregulation of the electric utility. In 1997, a market study was conducted which revealed tremendous interest in high speed intemet and business data services, as well as cable television. In 1998,the first business plan for the Ashland Fiber Network was developed. The most recent plan reflects significant changes made since that original business plan. Explained further that council has approved rates for the various different products of the Fiber Network this year, and has approved a franchise for the city to provide telecommunications service and cable television. The last major step is to secure long term financing. The loan amount is for$5.8 million,and an RFP was put out through the city's financial consultant. There were three responses. The interest rate is 5.14%,and the security for the loan is first,the revenue from cable television,intemet and high speed data,and secondly,electric revenue. Explained that there is a ten-year business plan,with an ending cash balance of$3.3 million in year 10. Project 3500 cable subscribers, 150 high-speed business intemet subscribers, 2800 residential intemet subscribers,and 60 AFN high-speed data subscribers in year 3. Clarified changes in the loan amount from the adopted budget,which had anticipated a$5 million bond issue or loan. Three changes resulted in this need for additional funds: 1)two contracts were entered into for high speed data service to the university and school district,adding about$200,000 in capital costs which will be repaid;2)the philosophy relative to set-top boxes changed because it was decided to offer a box with tier 3 service,which added capital cost and offset revenue;3)$250,000 was also added for an accelerated construction schedule due to the incredible demand — there are roughly 800 pre- subscriptions for cable television service,and ISPs estimate that by end of the fiscal year there will be 500 high speed subscribers in Ashland,so two contracted crews are being brought in to help with installation. Emphasized that the cost benefit of spending additional funds up front is fully justified in the business plan. Turner explained that changes were made in the business plan July I", and again August 17, 1999 to include new numbers,rates,and etc. Stated that the last printing was July 1". August I Z 1999 Ashland City Council Regular Meeting 4 Freeman explained for Wheeldon,that provided this item is passed by council tonight,construction crews will begin work tomorrow (August 18") on nodes 5 and 6 near the hospital. Stated that on a demonstration basis, high speed internet service will be up and running within 2'/s weeks. Emphasized that head-end is built and equipment is in place, there just needs to be the connection to homes. On the cable television side,it is expected that the head-end and satellite array will be constructed by the end of September,with service to be offered at that time. A detailed project plan will be worked out based the speed with which the first to neighborhood nodes can be installed. Laws explained that there have been some delays due to council delaying certain decisions and also due to difficulty buying equipment in smaller quantities. Tom Coleman,regional manager with Falcon Cable/926 South Grape St.,Medford/Noted that number 1.3 in the resolution stating that Ashland needs the AFN is false,and that Falcon already offers all services to be offered through the AFN. Services will be duplicating existing Falcon services, in direct competition with private sector businesses. Noted that repeated statements by the city have assured the public that there will be no'cross-subsidy' of the AFN,yet the resolution pledges"the net operating revenues of[the city's]electric system to pay the amounts due under the loan.". Emphasized that this places the burden of this loan on all electric service customers,notjust those wishing to subscribe to the AFN. Emphasized that the loan amount has now grown to$5.8 million,and that despite statements by Freeman in the Tidings that the city would not seek tax-exempt financing,the resolution requires covenants for tax exempt status. Urged that the decision to go into competition with private business,and put all taxpayers at risk,should go to a vote of the people. Coleman clarified for Nolte that Falcon is not now offering high-speed data service in Ashland now, but that the capability to do so exists. Kip Lombard/133 Manzanita/Explained that while he has previously represented Falcon,he is speaking tonight as a private citizen on his own behalf. Expressed his concerns with the city obligating itself to a sizeable debt without a vote of the people. Emphasized that information has changed significantly since the city began moving ahead with the AFN,and noted that the electric revenues being used as a guarantee here are general fund revenues. Also questioned previous statements by Mayor Shaw and Freeman that the city would not seek tax exempt financing,when that is what is being sought here. While this means a lower cost for the loan,the public has been told one thing while something else is being done. Reiterated that the back up pledge of the net operating revenues of the electric system is cause for concern,and questioned whether this meant tapping into general fund revenue. Concluded that this is a borrowing on the credit of the city,despite what is stated in the resolution,and stated that this is very risky. Bothered by ISPs making a profit from using the city network,and suggested that this profit to private users might defeat tax exempt financing. Expressed concern with tax exempt obligation this year when this item is combined with the library/fire station bond. Noted that moving ahead after information has changed is being done without citizen support and not good business. As a citizen,taxpayer and ratepayer,he would like this issue to be submitted to a vote of the people. Laws responded that the electric utility tax is a city tax,imposed by the city as separate from the utility. Relative to ISPs using the city network,Laws suggested that this is no different than businesses using city streets in the conduct of their business. Turner noted that relative to issuances this year, in addition to this$5.8 million item there will be$500,000 for local improvement districts and$500,000 for parks,and$2-3 million for the wastewater treatment plant. Emphasized that the city will not issue over$10 million this year,and that the fire station/library bond issue will be issued the following calendar year. Reiterated that the city is aware of,and will not go over,the$10 million cap. Pointed out that a specialist in the firm of the bond counsel has said the city is doing a fine job after reviewing documentation. Explained that the rates must be equal for all ISPs in the same class. August 17, 1999 Ashland City Camcil Regular Meeting 5 Freeman explained that a financial advisor had at one time suggested seeking private financing, but after this initial advice,the city looked at this option and found that it wasn't appropriate. The city has chosen the route that results in the lowest interest rate for the project. Turner explained that this is a privately placed loan,not a bond,and it was sent to several private banks that were interested. This loan will be held by the bank, and will not be re-sold. It was competitively bid,and the payment stream is being set up to fit the business plan. Also explained that the revenue of the electric fund is the income from rates, connections,and interest less the operating costs of the utility. The exact definition is being set up in the loan agreement. Fine suggested that in a sense,this issue was voted on by the people when 3 of the 6 councilors who voted for the AFN were up for reelection in November 1998 and the AFN did not become an issue in that election. Emphasized that the decision to move ahead with the AFN has already been made and the city has moved forward, and stated that it is too late to revisit that decision. Stated that the issue for council now is whether the financing package presented by staff is the best available for permanent funding. Noted that he has discussed concerns at length with Freeman and Turner, and he is confident that staff is presenting council with the best means of financing that they can find. Turner explained that the primary backing for the loan is the revenue collected from AFN rates, and the secondary security is the net operating revenue of the electric fund. Ultimately,if AFN revenues were inadequate,the electric fund could require a rate increase some years down the road to meet this obligation. However,the AFN business plan clearly shows more than adequate revenues to pay for this debt and put more than a$1 million back into the project in the next ten years. Turner confirmed for Laws that there would in no way be a negative impact on the general fund, even if electric rates had to go to repayment of the debt. Laws recognized that the people of Ashland would have to come up with the money one way or another,but emphasized that there would be no threat to the general operation of the city. Wheeldon expressed her understanding that there was in no way to be a subsidy of the AFN by the general public. Turner likened it to a married couple seeking a loan—a wife's wages might be adequate to obtain a loan,but they can receive a better interest rate if both are willing to sign the loan. Freeman emphasized that electric rates do not have to be increased to make this loan work—electric rates would only be affected if there were insufficient revenues from AFN to pay the debt. And even then, it would not occur until 5 or 6 years down the road. Hauck emphasized that the likelihood of this is very small. Wheeldon suggested that the AFN rates should be raised in those circumstances,rather than the electric rates. Turner stated that these issues would need to be looked at as needed in the future. Wheeldon questioned whether there is a worst case scenario in the business plan. Hauck pointed out that this is not the expectation in the business plan. Turner explained that this issue has to do with dealing with the banking community and their desire for secondary security. Laws concluded that no one on the council anticipates the circumstances being discussed,and that it merely has to do with the need for collateral as security on the loan if there were unforeseen circumstances. Emphasized that the benefits are so great that it is worth the one tenth of one percent of risk. Councilors Hauck/Wheeldon m/s to adopt Resolution#99-53. Roll Call Vote:Hanson,Wheeldon,Hauck,Fine, and Laws,YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Discussion of proposed modifications to the permit requirements for tour buses and special vehicles. Fine noted that this issue was brought to his attention by Mr. Bill Devon,of Devon Carriage Rides,who under current regulations is not allowed to have an informational sign. Fine explained that he has drafted language to allow business owners,at their expense,to place informational signs. August 17, 1999 Ashland City Council Regular Meeting 6 Laws suggested that signs would need to be distinguishable from standardized signs used by the city. Recommended that it be a different color to make it noticeable. Martina& Bill Devon/PO Box 374/Suggested that the sign should be readable from both directions,and suggested that signs could be larger than standard street signs to make it distinguishable. Fine explained for Wheeldon that the sign code exempts informational signs placed by the city. Fine emphasized that he recommended placing this proposed modification in the area of the code dealing with traffic signs,as it deals with informational signs rather than advertising. Laws stated that he is defensive of the sign code,as exceptions set precedent. Discussion that there is no existing post for hanging a sign near the boarding area for Devon Carriage Rides. Nolte stated that there would be no liability if the operator placed the sign on a city pole,if this were agreeable with the City Engineer,and noted that he understood that it was intended that such a sign be removed at the close of business each day. Fine asked that if council is agreeable the item be referred to staff to refine the language. Freeman noted that he had looked at this with the City Attorney and the Director of Community Development,and they saw no problem with this modification or its placement in this portion of the city code. Council expressed general agreement with the modification proposed, noting that the specific placement of informational signs for special permit vehicles would be left up to staff, and the item was referred back to staff for refinement. Freeman noted item included in packet related to public meetings to be held in September and October. Explained that this was a reference piece for conducting effective public meetings. Wheeldon noted that a large delegation from Ashland will be going to Guanajuato for one week,departing on the 27'". ADJOURNMENT Meeting was adjourned at 8:35 p.m. Barbara Christensen,City Recorder Don Laws, Council Chairperson August 17, 1999 Ashland City Council Regular Meeting 7 MINUTES FOR THE STUDY SESSION MEETING ASHLAND CITY COUNCIL August 19, 1999 Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Council Chairperson Don Laws called the meeting to order at 12:00 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws,Hauck,Hanson,Wheeldon,and Fine were present. Staff present:City Administrator Freeman,City Attorney Nolte,Administrative Services Director Dick Wanderscheid,Assistant City Administrator Greg Scoles,and Public Works Director Paula Brown. 1. Canital Improvement Plan, 1999-2000 and GIS update. City Administrator Mike Freeman explained that this Capital Improvement Plan(CIP) should have been produced as part of the budget process, and will be in the future. Explained that this document represents capital projects to be completed over the next five years, and each project has an information sheet giving relevant details to be considered in the budget process. Noted that in the future,larger projects may have informational videos to provide detailed information. Emphasized that in most cities, the council and community are very interested in the CIP, and this provides a means to communicate capital priorities, projects planned, sequences and funding sources. Noted that a spreadsheet summarizing the complete CIP was prepared and would be added at a later date. Public Works Director Paula Brown explained the projects included in the CIP. Noted that the successful bid for the Oak Street Traffic Calming project went to Versatile Concrete, for$157,000, and that work should begin next week. Discussed concerns about getting all of the pledges to meet this cost,which is slightly over the initial estimate. Freeman emphasized the level of coordination occurring between departments to include undergrounding of utilities at the same time. Brown noted that the Union Street Reconstruction project, which is similar to what was done on Sherman Street,will receive almost$90,000 in Oregon Department of Transportation —Federal Aid Urban Streets/Surface Transportation Program(ODOT-FAUS/STP) funds. Brown explained that she would be coming to council in the next few months for help in putting together a design team for the Siskiyou Boulevard Redesign project. Noted that this would be tied to the jurisdictional exchange. Noted that this would be funded over several years, primarily with ODOT dollars, and that the total project cost would be roughly$1.4 million. Emphasized that the local portion would be primarily for design, and that the bulk of actual construction would occur in fiscal year 2002-03. Noted that bids are to be opened on the bus shelter project in late August, but emphasized that this may be scaled back depending on what occurs with bus routes. At Fine's suggestion, Brown stated she would look at using grant money to build needed shelters and warehousing materials for those not being built at this time. Confirmed that the cost of shelters involves costs for lighting, conduit, drinking fountains, paving, etc. Brown discussed the Central Ashland Bikepath Phase II; the Beach Street Intersection Improvements project; the Tolman Creek Road Improvements project,which relates to the Tolman Creek Neighborhood Plan;the Water Street Bridge; and future FAU Pavement Projects. Brown noted Transportation Plan Advisory Committee(TPAC)sidewalk projects focusing on sidewalks near schools and heavy pedestrian travel areas. Explained the Nevada Street Connection project, noting that although this is a Ashland City Council Study Session August 19'", 1999 1 priority in the Transportation System Plan it may be pushed out beyond the CIP five-year horizon due to a lack of funding.Laws expressed concern over this possibility given the level of development occurring on Mountain Avenue; suggested charging developments on Mountain Avenue to fund this much needed improvement. Discussed Local Improvement Districts (LIDS) listed in the CIP, which do not correspond exactly to the budget document as some changes were made based on neighborhood requests since the adoption of the LID policy Brown spoke briefly about airport improvements and hangar construction, noting that the local portion of the improvements will come out of the airport budget. Also noted that discussion was still underway as to whether the city would build the hangars, or have them constructed by an outside contractor. Noted that the Talent-Ashland-Phoenix(TAP) water intertie was still scheduled to have the bulk of the work done this fiscal year,and explained that water rights would be purchased in fiscal 2002. Emphasized that the second phase of this project remains unclear -both in timing and funding. Brown cited six projects that are scheduled for the water system, and confirmed for council that the city's water system is adequate for fire suppression needs. Noted that ten bids were received on the wastewater treatment plant, and that the low bid was $8.36 million compared to the engineer's estimate of$8.4 million. Brown also noted miscellaneous storm drain projects to be completed. Freeman explained that there would be a future meeting to,discuss details of the Hillah Temple remodel. Brown explained that the improvements to the City's maintenance yard on B Street will be taken through the planning process this fall, and stated that landscaping would also occur in the fall. Brown noted that no further discussion was needed on the fire stations, as council is aware of the status of both stations from recent discussions. Freeman noted that the Financial Information and Customer Information System mentioned in the CIP went live on July 1't, and emphasized that no difficulties were encountered. Noted the need to streamline the Community Development permit tracking software with a technology upgrade. Freeman noted that the page dealing with the Ashland Fiber Network does not have updated numbers, and needs to be corrected to reflect the $5.8 million total. Freeman also noted that efforts would continue to underground all power lines, and explained that undergrounding is development driven. Freeman briefly spoke about Calle Guanajuato improvements to be done this year, as well as open space acquisitions to occur. Wheeldon exited. 2. GIS Update Brown introduced Rich Hall who has been developing the City's GIS system, and noted the progress that has been made in implementing this system. Brown emphasized that Hall had been able to obtain a grant to fund the purchase of much of the necessary software, and explained the possible applications of the new system. Hall explained that staff is currently looking at the corrected tax lot parcel layering system being prepared by the state and determining whether it will meet the city's needs. Confirmed that the GIS system can be used to pull up properties by tax lot number or address now, with only minor cross-referencing necessary. Brown explained that utility billing, conservation, planning and emergency response services will all be linked to the GIS system. Fine expressed concern for personal privacy given the linking of these information systems, and suggested that a policy was necessary to ensure personal privacy. Ashland City Council Study Session August 1911, 1999 2 3. Economic Development Committee. Freeman asked for council input on potential committee members. Hauck suggested Joan Legg of the Southern Oregon Economic Development Coalition, and Rich Rohde of Oregon Action. Laws suggested Claud Curran, a semi-retired professor, as someone else to consider. 4. National League of Cities meetine in December in Los Angeles. Hauck noted that he was planning to attend this meeting. Hanson noted that he might be interested, but stated that he would need more information. 5. Discussion of Improvements to the City Council Chambers. Scoles noted that he had spoken with designer Ted Mularz, and presented council with an alternative plan that might improve the configuration of the council chambers for speakers and presentations. ADJOURNMENT Meeting was adjourned at 1:11 p.m. Submitted by Barbara Christensen City RecorderlTrearurer_ Ashland City Council Study Session August 19", 1999 3 ASHLAND HISTORIC COMMISSION Minutes August 4, 1999 CALL TO ORDER At 7:40 p.m., Chairperson Jim Lewis called the meeting to order at the Community Center. Members present were Terry Skibby, Gary Foil, Curt Anderson, Dale Shostrom, Kay Maser, Keith Chambers and Jim Lewis. Also present were City Council Liaison Cameron Hanson, Associate Planner Mark Knox and Secretary Sonja Akerman. Members Vava Bailey and Joan Steele were unable to attend the meeting. APPROVAL OF MINUTES Steele had sent a message noting typographical and spelling errors in the Minutes of the July 7, 1999 meeting. She also wanted a paragraph clarified regarding the National Register website. Anderson then moved and Foil seconded the minutes be approved as corrected. The motion was unanimously passed. PUBLIC HEARINGS Planning Action 99-086 Conditional Use Permit 486 Siskiyou Boulevard Susan R.Yarne Knox reported this application is for a transfer of ownership for the Grape Vine Bed& Breakfast. The applicant has read the file and has agreed to comply with the previous conditions. Chambers moved to recommend approval of this planning action to the Hearings Board. Anderson seconded the motion and it was unanimously approved. Planning Action 99-062 Site Review Van Ness Avenue Dave Greene Knox went over the history of this planning action,stating it was reviewed by the Commission in 1994. At that time, it was called up for a public hearing mainly because the neighbors did not want the alley to be paved. It was eventually approved by the Planning Commission with one of the conditions being the alley not be paved, but graded and covered with%minus gravel. The approval expired prior to any development taking place. The applicant is now ready to build on this property. He is proposing to build three duplexes for a total of six units. Two of the units will be on Van Ness Avenue; the rest will be off the alley. The units are consistent and in line with adjacent properties. Zoning is R-3, multi-family,which would allow 6.8 units(most likely 7 units if certain conservation measures or affordable housing density bonuses are allowed). All the parking is proposed off the alley,plus one on-street credit is allowed. The transformer and trash enclosure will also be off the alley. A sidewalk will meander from the rear of the property to Van Ness. Each unit will have a small private porch and there will be a common area for all to use. The units will be rentals—four are proposed to be 916 square feet and the other two will be 768 square feet. Elevations are indicative of the neighborhood. The single story units are reflective of a bungalow design. Knox noted ADA requirements had changed since 1994 for the accessible parking space, now necessitating eight feet rather than five. Because of this, staff is asking the applicant to reduce two of the rear units to one bedroom each. This would allow a five foot grass strip on each side of the parking area. In addition, Knox stated four of the parking spaces will be required to be grass-crete. The alley has a 16 foot right-of-way;staff is requiring the alley to be widened to 12 feet(there are only a few areas that are not that wide now). The proposal will generate six vehicle trips per day per unit, probably three-four trips in any given hour. Staff is supporting this proposal. Skibby asked about the alley improvements and Knox responded the Fire Department requires a minimum of 12 feet. Knox said staff is trying to be sensitive to the neighbors in the treatment of alley improvements. Applicant Dave Greene added the two back units will have fire sprinkler systems also. He said this is basically the same project that was approved five years ago, however extensive work has been done on the design. Foll questioned the width of the parking spaces and Greene stated four will be eight feet and four will be nine feet wide. Maser asked about the color and material of the units. Greene answered they will all be similar. When asked by Chambers about the window trim, Greene responded it will be five inches, with a five inch separation between the windows. Shostrom questioned the size of the siding and Greene said it will be six inch hardi-plank. Don Greene, part owner of the property, explained the design changes in the scale,bulk,and the rhythm of entry to the neighborhood. He also said the two units in back will be down sized because they will become one bedroom units. Lois Van Aken, 140 Central Avenue,agreed there needs to be a compromise. She explained she and the neighbors have many concerns regarding this project. Historically, properties have larger main houses in the front and smaller houses in the rear, which are used as rentals. This project is not in keeping the historic integrity of the neighborhood because the front house is not larger and all the units will be rentals. She does not have a problem with the design other than the roof pitch. A major concern is that there is no access off Van Ness for any of the units;access is entirely off the alley. Also, many of the residences in the area have their front yards off the alley. In addition, there are a number,of young children that use the alley. Putting in nine parking spaces off this alley will not preserve it. Van Aken said she would like to see an access off Van Ness for the front unit. She would also like it to be different than the rear units. In addition, she would like to see the two one-bedroom units in the rear combined to make one two-bedroom unit, which would make a better rental for a family. This would allow more of a buffer for the neighbors. She would also like to see smooth wood for the siding and a steeper roof pitch for the unit in front. She noted it is very wet in the back. Rob Hirschboeck, 147 Van Ness Avenue, stated universally, Van Ness Avenue consists of front unit owners with rental units in the rear. A heavy volume of traffic now travels on Van Ness. Therefore,residents use the alleys for walking and playing.This makes for an "alley culture"for the area. Van Aken interjected Central Avenue will also go all the way through to Water Street in the near future. Hirschboeck pointed out there are no multi-unit residences on that side of the street. It seems as though this development belongs more on the other side of the street,which is a buffer between the residential area and industrial area on Hersey Street. He also noted this is traditionally an area of springs. None of the neighbors is opposed to development,but what happens in the alley is critical. He would like to see a smaller parking area in the back. Dave Greene stated he was told the parking"should" be off the alley. He worked very hard to design the unit off Van Ness so it will look like a small residence from the front. The units will feel more like individual residences than duplexes. Lewis asked if the rental units could convert to individual ownership. Don Greene responded it would be difficult to convert because they won't be on separate meters. The units were designed to be rented by families rather than students. It seems to be a great location because of the proximity to Briscoe School. He notified the Commission and neighbors the wetland issue has been taken care of and letters are on file. He also stressed the fact that this proposal is not at maximum density. Skibby agreed this will have a lesser impact than what could be done. Lewis stated it has been discussed to not make more curb cuts and staff feels it is better to have access off the alley. Foll said he has looked at the Site Design and Use Standards and feels the project fits in. The only questions he had were on the parking and asked how the landscaped area would be done. Knox related there are conditions of approval regarding this and it will be landscaped to standards. He also reminded the Commissioners four of the parking spaces will be grasscrete. Foll asked if the back units could be combined to one. Don Greene said it would not be economical to do this. At the request of Chambers, Dave Greene showed where the electric meters will be placed. He also described the 6-8 foot parking lights,which will be directed downward. Chambers asked if the units will be considered "affordable". Don Greene said they will be comparable for Ashland. Skibby said zoning seems to be a major factor. The property will be developed because it is R-3. Lewis added all owners have the same rights to density even though they think the density is too high. Chambers agreed with Hirschboeck there is an alley culture with a truly interactive neighborhood. Ashland recognized this and fosters this, but since the density is permitted, he feels there is no easy solution. He sympathizes with the neighbors, but also feels the families that will rent the units will probably like where they live. Ashland Historic Commission Minutes August 4, 1999 2 Lewis asked about the texture of the siding. Dave Greene verified it will be smooth. Lewis then asked if the units could be painted with slightly different colors. Nikki Greene answered the units will have different colored doors. Skibby reminded the Commission the alley will not be paved and that the gravel surface will be more pleasant than asphalt. Foll noted the neighbors have said they like the addition of new people in their neighborhood, but he agrees with them this seems too dense. He appreciates what the neighbors have voiced as concerns,but explained they are bound be law. Maser observed all these units are the same, however this is a neighborhood where all the houses are different. Lewis agreed but said only the front unit will be seen off Van Ness. Knox stated the roof lines will be different. One unit will have a hipped roof and one will have gable ends in the rear. Chambers stated he feels the neighbors have valid concerns and the Commission sympathizes with them. . Shostrom said he feels conflicted with this project. He thinks the units will fit in well and once built and landscaped, they won't be noticed as much as when they are in the process of being built. However, he sympathizes with the neighbors on the alley issue and can see how it will change. The biggest impact will be on the alley and the sense of an alley neighborhood will be lost He said he feels the zoning should be R-2 and that the City has gone the wrong direction in many areas of the Historic District in designating R-3 zoning. Anderson moved and Skibby seconded to recommend approval of this application to the Planning Commission as described with the conditions as recommended by staff. The motion carried with Chambers,Lewis,Anderson and Skibby voting aye and Maser, Foll and Shostrom voting nay. Shostrom stated his vote was more of a protest vote even though he feels it will be a nice development. Chambers added it is important for the City to continue to look at the residential zoning and the impact it has on the historic interest areas. Knox stated this issue would be more appropriate to be brought up in a study session. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the months of June and July follow: 63 Pine Street Tom Chavez Replace Foundation 625"B" Street Mark and Becky Reitinger Remodel/Replace Porch 625"B" Street Mark and Becky Reitinger Garage 788 Iowa Street Tom Killeen Remodel/Addition 289 Idaho Street Lucy Strasburg Demolition SFR 134 Church Street John Berry and Jennifer Jones SFR 40 North Main Street Gordon Claycomb Office Addition 70 Water Street Ann Clouse Deck 880 "C" Street Suzanne Seiber Remodel/Addition 161 Fourth Street Steve McGhehy Accessory Res. Unit 145 Fourth Street Priscilla Hunter Addendum 56 Third Street Barbara Allen Deck/Remodel 625"B" Street Mark and Becky Reitinger Addendum 143 Gresham Street Ron Snowden Addition 120 Gresham Street Chanticleer Inn Replace Deck 345 Scenic Drive David and Sabra Hoffman Deck/Door 441 East Main Street Astro Station Re-roof 283 High Street Jeanette Poston Convert Duplex to SFR 345 Iowa Street Scott Kaiser and Cathy Stump Remodel 933 East Main Street Debra and Jerry Quast Carport 488 North Main Street A Lively Company Sign 116 Lithia Way Prudential Insurance Sign 99 Central Avenue Ashland Community Health Center Sign 366 Lithia Way Lithia Realty Sign 56 Third Street Casa Bella Sign 449 East Main Street Astro Gas Sign 246 Fourth Street Siskiyou San Sui Do Sign Ashland Historic Commission Minutes August 4, 1999 3 595 North Main Street Ashland Community Hospital Foundation Sign 112 Lithia Way Hair City of Ashland Sign 293 East Main Street Quiltz Sign REVIEW BOARD Following is the August schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: August 5 Skibby, Anderson and Foil August 12 Skibby, Steele and Chambers August 19 Skibby, Bailey, Lewis and Maser August 26 Skibby, Bailey and Steele September 2 Skibby, Steele, Lewis and Maser Shostrom volunteered to be on call during the month. OLD BUSINESS Protect Assignments for Planning Actions PA#96-086 685 "A" Street Anderson and Lewis PA#97-018 661 "B" Street Lewis PA#98-039 Holly Street Steele and Lewis PA#98-045 122 Church Street Bailey PA#98-047 Between 548&628 North Main Street Foll PA#99-020 525"A" Street Lewis PA#99-062 Van Ness Avenue Gary Grant for National Register Web Site Knox related he is close to having all the current photos taken. Skibby has the historic photos completed and Knox is in the process of scanning them into the computer. Knox also noted he has talked with representatives at the National Register who are overseeing this project. Everything should be submitted soon. Design Review Form The Commission discussed the new draft version of the form. Chambers suggested having one version to give out as a checklist and one as a checklist for the Review Board. Foil recommended trying out the form as it is, then changing what is necessary. Shostrom said that as a builder, he would like to see a simplified version. He agreed the draft form covers all areas that have been discussed. The Commission will make changes as needed prior to printing the final version. NEW BUSINESS Removal of Fish Barriers in Ashland Creek as it Flows Through Lithia Park Skibby related he wanted to alert the members to the fact there is a proposal to remove or modify the historic waterfalls or dams (also known as fish barriers)in Ashland Creek. This is being proposed as part of the restoration work related to the 1997 flood. These falls are an important part of Ashland's heritage. Historically, they are part of the park. After discussing the proposal, the Commission unanimously agreed its first preference would be to save all three dams. Staff will write a letter on behalf of the Commission. ADJOURNMENT The Commission unanimously agreed to adjourn the meeting at 10:05 p.m. Ashland Historic Commission Minutes August 4, 1999 4 n, ASHLAND AIRPORT COMMISSION y July 7, 1999 MINUTES MEMBERS PRESENT: CHAIRMAN PAUL ROSTYKUS, KENNETH EHLERS, DONALD FITCH, WILLIAM SKILLMAN, LILLIAN INSLEY, MARTY JACOBSON, ALAN DEBOER;ALAN HASSELL, COUNCILOR CAMERON HANSON STAFF: PAULA BROWN, DAWN CURTIS MEMBERS ABSENT: BOB SKINNER, FBO I. CALL TO ORDER: 12:00 NOON IL APPROVAL OF MINUTES: JUNE 2, 1999; Approved with'changes. III. ADDITIONAL AGENDA ITEMS: None. IV. OLD BUSINESS: A. PENDING PROJECTS 1 . Draft Lease Review DeBoer will meet with Paul Nolte and Paula Brown to discuss certain changes in the draft lease. There will need to be input by the Commission on some of the topics. DeBoer suggested researching the insurance clause. Commission discussed the history of the private hangar acquisition policy. There was a committee formed some years back to revise the leases and set precedents and conditions for lease options at the airport. DeBoer recalled that this was when the dimensions were set for the privately built hangars at 60 X 40. Insley felt that if we were approached by a business interested in building at the airport, they would want a larger hangar and we should be open to these proposals. DeBoer mentioned that we should have a specific area on the lease agreement showing privately built hangar size options or show the established limit. Brown said that if the limit were established it would be considered a policy change and would need to be presented to City Council. Skillman asked if there were other reasons other than the City owning the hangars for capital investments to discourage privately owned hangars? DeBoer recalled that the Commission had decided years ago to only deal with the commercial hangars on a large scale basis. Rostykus noticed that the draft lease did leave an area for the size to be stated. This should cover our concerns for having room to negotiate the size. We could have a clause stating the size limit if that is decided. Insley asked if we would be open to a proposal for a group of hangars being built. DeBoer reminded her that Jack Day had made a proposal to build a group of T-hangars, which we left open for consideration. DeBoer asked if an area on the lease could state the value of the hangars. He will also discuss the inheritance clause and such with Paul G:DmnWrpWinutesUuly 99.wpd Nolte. 2. Hangar Development Received both leases back and signed. Staff will have City Administration sign and return them for processing. As soon as they are fully executed we will have Skinner collect the rents. We have billed them retroactively from the date of their Certificate of Occupancy. 3. Fuel Tank Status Skinner ordered couplings and hoses for the new tanks and forwarded the bill to the City. The cost for this equipment was $1 ,500 from Valley Oil. Brown will use funds from the Miscellaneous Maintenance fund to reimburse Skinner. Bergeson/Boese has completed their contract. There is still some remediation work to be done, but they are basically finished. Skillman asked if the nozzle problem had been addressed with B&B. Brown had B&B check the standards and they say we are within the range. Brown said that B&B was somewhat unclear. Rostykus suggested contacting someone not involved to find some more standards. Jacobson suggested that Brown call Monte George or ODOT for standards. DeBoer asked if we could include a final cost report in the next packet. DeBoer asked if a report could be made to the City Council on the final bookkeeping. We need to make sure that the funds get accounted for properly for the Airport Commission. 4. Sanitary Sewer Line SOREDI letter was included in packet that accepts our extension request for completion of the project. We will request the grant funds when we have completed the project. The bid request will be out within the next couple of weeks and there is a ninety day completion date for the project. The entire project should be complete by October. Insley asked where the line will run and where it will connect into the existing services. Brown showed a map to the Commissioners showing the line. DeBoer asked if Alan Sandler would be converted from his holding tank into the service. Brown said we will give him the option of connecting. The charge for this connection will need to be addressed. Ehlers asked if the taxiway would be disrupted? Brown said it may be and we will need to divert traffic. The creek crossing will be the biggest hurdle. We will need to get all applicable permits before September 15, 1999. There will be 24 to 48 hours to Skinner if any disruptions will be happening. B. LEGISLATIVE ISSUES The RVACT meeting that Brown and DeBoer attended reported that the aviation split bill was in the Senate review level and has yet to be voted on. The fuel tax increase is still in limbo awaiting the decision on the split. The computer refueling has passed for pumping your own fuel. G:DmnWrpWinutesUuly 99.wpd C. BUDGET REVIEW The new rate resolution which was approved by Council and the increases have been applied. The Council did address the snow plowing issue and we reiterated that the issue was a small one. D. JOHN DAY LEASE REASSIGNMENT The attached letter was received by Day's attorney and a response letter from Administration was sent to Day approving the assignment of interest. E. MAINTENANCE ISSUES Brown included a letter from NOTAM. This will be a Skinner responsibility if he wants to partcipate. V. NEW BUSINESS: A. RUN-UP DELINIATION Request from Insley to paint or sign run-up areas to keep prop wash from damaging planes in the tie-down areas near the runway. Two options for marking the taxiway were presented to the Commission. Commission discussed the angle changes, painting options and the signing requirements, but came to the conclusion that the persons who are currently causing the problem won't be affected by the markings. Discussion continued and consideration was given to removing the nearest tie-downs. DeBoer and Rostykus suggested asking Skinner to radio the pilots immediately when they take off and give them a good talking too. A motion was called to allow Skinner to remove tie-downs as he feels fit. We can revisit this problem later if it persists. The motion was seconded and passed 6 for and 1 abstention. B. CAP ANTENNA REQUEST Brown reported that no formal request had yet to be received by Staff from the CAP. Insley asked Tidmore if he had submitted this to the FAA. Tidmore said that the FAA was fine and the clearance for where they want to place the antenna was 117 feet and they were only going up to 40 feet. There is already one antenna that is taller then there proposed antenna. Rostykus thought that two concerns had been raised prior to this meeting. One being the clearance around the hangar and the other was the clearance for the wire which will be 27 feet above the ground. Skillman asked if the antenna can be moved back three feet from the hangar. Tidmore said yes. Tidmore said that if the antenna was something that the Commission doesn't like or if it becomes a hazard, they will remove it. They are there for the benefit of the airport and citizens. DeBoer asked that the antenna be moved as far into the berm as possible. Motion was made for the approval of the erection of the antenna by the Commission if it is moved three feet back to allow for a 90 degree feed wire and if the antenna or its components become a hazard, it will be removed at the Commission's request. Motion passed unanimously. Rostykus asked what the time frame for this project is? Tidmore needs to have the installation done by September. Brown reminded Tidmore to call for locates and to send G:Dmn%irylMinutesUuly 99.wpd in a formal request for this to be approved by the City. VI. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. STATUS OF AIRPORT FINANCIAL REPORT, REVIEW OF SAFETY REPORTS Pavement will need to be addressed for crack sealing around the edges. B. AIRPORT ASSOCIATION REPORT — None. VII. INFORMATIONAL ITEMS: A. Northwest Chapter of the American Association of Airport Executives, Annual Northwest Chapter Conference in Eugene OR, September 12-14. B. Oregon Flightlines VIII. OTHER IX. ADJOURN Meeting was adjourned at 1 :10 PM. c:Dawnw rpW nu«uu1y ss.wPa City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES July 19, 1999 ATTENDANCE: Present: JoAnne Eggers, Sally Jones, Rick Landt, Laurie MacGraw, Council Liaison Don Laws, Director Ken Mickelsen Absent: Teri Coppedge I. CALL TO ORDER Chair Eggers called the meeting to order at 7:00 p.m. at the Council Chambers, 1175 E. Main. II. ADDITIONS or DELETIONS TO THE AGENDA Chair Eggers indicated that the agenda item under Public Participation concerning an easement adjustment to Strawberry/Hald Park was deleted from the agenda. III. APPROVAL OF MINUTES A. Regular Meeting- June 21, 1999 Commissioner MacGraw made a motion to approve the minutes of the Regular Meeting of June 21, 1999 as written. Commissioner Jones seconded. The vote was: 4 yes - 0 no B. Special Meeting - June 29, 1999 Commissioner MacGraw made a motion to approve the minutes of the Special Meeting of June 29, 1999 as written. Commissioner Jones seconded. The vote was: 4 yes - 0 no C. Joint Study Session - June 29, 1999 Commissioner Eggers said that she had some corrections for the minutes of the Joint Study Session indicating that she would like to have the minutes amended as follows: 1) Near the middle of Page 3, the second sentence in reference to what Commissioner Eggers said should be revised to read, "She said that it was the right and responsibility of the Ashland community to set the priorities for the project, and it was the consultants' job to help facilitate that process and to incorporate the community's vision into the design alternatives., 2) In the following paragraph, same page, the comment should read that Commissioner Eggers indicated that "she thought the community should prioritize the "wish list", and 3) In the second to the last paragraph, same page, that "she thought the community should have the opportunity to add ideas to and prioritize the "wish list" before the consulting team" developed its Design Alternatives. Commissioner Landt made a motion to approve the minutes of the Joint Study Session of June 29, 1999 as amended. Commissioner Jones seconded. The vote was: 4 yes - 0 no Regular Meeting-July 19, 1999 Page 2 of 9 Ashland Parks and Recreation Commission IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner Landt made a motion to approve the previous month's disbursements as indicated by checks #25326 thru #25838 in the amount of$561,112.98. Commissioner MacGraw seconded. The vote was: 4 yes - 0 no V. PUBLIC PARTICIPATION A. Open Forum None VI. OLD BUSINESS A. Items related to development of N. Mountain Park 1) Presentation of preliminary buildings design for active area Ken Ogden of Ogden/Schmitz & Associates, the architectural consulting firm hired to create designs for the several structures included in the development plan for N. Mountain Park, was present to review preliminary designs. Director Mickelsen indicated that the designs were based on the Prairie Style which the Commission had approved earlier. He also said that, prior to developing the preliminary designs, the architects had worked with Department staff and representatives from the various community sports groups which would be using the facilities. Mr. Ogden reviewed draft drawings for each structure which illustrated basic floor plans and discussed recommended building materials which he believed would be both functional and aesthetically pleasing in a public park setting as well as cost-effective for construction. During his presentation representatives from various sports groups joined him to assist in explaining how the various aspects of each building would meet their needs. During the presentation, Commissioners made inquiries related to the floor plans, utilization by the public, the aesthetics and durability of the proposed construction materials and maintenance considerations. At the conclusion of the presentation, Director Mickelsen indicated that, if the Commission approved the preliminary designs, the next step would be for staff and the consultants to move forward with the construction phase of the project. MOTION Commissioner Jones made a motion to authorize staff to work with the architect to move forward with construction documents and to go out for bid for the new buildings at N. Mountain Park and, if needed, to make minor modifications to the designs as presented. Commissioner MacGraw seconded. In response to an inquiry by Commissioner Eggers related to the budget for the project, Director Mickelsen said that the bid documents for the buildings would contain several alternatives related to construction. Once the bids are received, they will be brought back to the Commission. At that time, staff will be able to illustrate how the cost of the buildings, depending on the construction options chosen, will fit into the overall budget for the project. The vote was: 4 yes - 0 no Regular Meeting-July 19, 1999 Page 3 of 9 Ashland Parks and Recreation Commission Items related to development of N. Mountain Park - continued 2) Authorization to advertise for bids for lighting of sports fields In a memorandum to the Commission dated July 15, 1999, Director Mickelsen indicated that the Department is now to the point in the N. Mountain Park project to make a decision whether or not to move forward with lighting the three fields indicated in the master site plan for the park. If the fields are to be lighted, it would be appropriate to do the work before the fields are fully developed. One aspect of making that decision will be the cost. By going out to bid for the lighting, a definite cost will be determined and, if the Commission chooses to move forward with lighting, staff can move forward to get that portion of construction completed. In respect to advertising for bids prior to final approval to move forward with lighting, Commissioner Eggers expressed concern that the impression could be given to bidders and the community that the lighting had already been approved. Commissioners Eggers and Landt said that they understood that there has been some concern expressed related to how lighting the sports fields may impact the habitat of the natural area of the park. Director Mickelsen said that discussion on that topic could take place at the same meeting that cost and other factors related to lighting were discussed. He also said that going out for bid did not obligate the Commission to move forward with the project and that that could be made clear to bidders and the community. Advertising for bids now would give the Commission accurate information related to cost before it makes its decision and, if the Commission chooses to move forward, would allow staff to move forward to construction immediately. Commissioner MacGraw clarified that it would simply be an efficient way to proceed. Director Mickelsen concurred. MOTION Following some further discussion, Commissioner Jones made a motion to authorize staff to advertise for bids for lighting athletic fields at N. Mountain Park and to include a discussion of field lighting as an agenda item for the next Regular Meeting. Commissioner Landt seconded. Commissioner Landt indicated that his second to the motion was contingent on all bidders being notified that the actual project had not yet been approved. Commissioner Eggers said that she could also support the motion provided it is made clear to the community that the Commission has not yet approved the lighting and that some significant discussion needs to happen prior to the Commission making that decision. The vote was: 3 yes - 0 no (Commissioner MacGraw left the meeting early.) 3) Discussion related to surface of maintenance shop parking lot Reviewing a memorandum dated July 14, 1999, Director Mickelsen said that when the site plan for the park had been approved there had been discussion related to using some type of pavers with grass instead of an asphalt surface for the parking lot located near the maintenance shop. The advantages to pavers would be that it had a softer look and would improve ground water run-off, the disadvantages would be that pavers would be more expensive to install and maintain. Staff was looking for direction from the Commission as to how it would like to proceed. Regular Meeting-July 19, 1999 Page 4 of 9 Ashland Parks and Recreation Commission Shop parking lot surface -continued Commissioner Landt said that he appreciated considering using pavers because of the ground recharge but he also felt that the expense of installation and ongoing maintenance would not be practical. He said that-because there were other methods to slow run-off and increase ground water recharge which were "off the shelf" concepts, he would support using an asphalt surface. He said that he believed very positive results could be produced as very little cost if these methods were incorporated into the design of the parking lot. Consensus among Commissioners was to move forward with an asphalt surface and to incorporate engineering concepts into the design which would slow run-off and increase ground water recharge. 4) Approval of bids for fencing MOTION The Commission having reviewed the bid received related to backstops and fencing for N. Mountain Park, Commissioner Jones made a motion to approve the bid from Quality Fence Company in the amount of$69,783. Commissioner Landt seconded. _ The vote was: 3 yes - 0 no B. Report by N.W. Biological Consulting related to fish barriers in Ashland Creek, Lithia Park Director Mickelsen said that in order to receive the required permits for in-stream work for the restoration of upper Lithia Park related to the 1997 flood, the Division of State Lands had required that several barriers which restricted the migration of fish in Ashland Creek as it flows through Lithia Park be addressed. The Department contracted with N.W. Biological Consulting to develop a plan which would be approved by the Oregon Department of Fish and Wildlife to address that requirement. He indicated that Scott English from NBC would be making a presentation related to their recommendations and that Jerry Vogt from ODFW was also present to answer Commissioners questions. Mr. English reported that the first of three "dams" which his firm had been asked to address was a small wooden structure just upstream from the children's playground area, the second structure is about 50' upstream from the first, and the third is just upstream from the tennis courts. M Dam 111: The wooden structure covers an abandoned water line. The Public Works Department has indicated that it will remove the abandoned line so that the wooden dam can be removed. Once the water line is removed, the streambed can be returned to its natural topography. Dam H2: This structure presents a more complex problem because it is part of the mill race which was used to supply water to the fabric mill which used to exist in the park in the late 1900's. It has historic significance and is protected under historic preservation laws. The solution chosen for this site may need to take into consideration both questions of habitat as well as historic preservation. Dam 1i3: In recent years this structure had been used to house a pump to supplement water to the upper duck pond. No one knows when the original structure was built or what purpose it served at that time. It appears that this structure could also be removed and the streambed could be returned to its natural topography. Regular Meeting-July 19, 1999 Page 5 of 9 Ashland Parks and Recreation Commission Discussion of Fish Barriers -continued .At the conclusion of his comments, Mr. English indicated that as suggested by Commissioner Landt, he believed that a decision making matrix could be developed which would assist the Commission in deciding which alternative option for each structure would be used. During discussion, Jerry Vogt from ODFW was asked about options related to Dam #2 which is historically significant. Mr. Vogt indicated that depending on what aspects of the structure are considered "historic", solutions may be found to both maintain the essential, historic integrity of the structure but also provide a means for fish passage. Prefacing his remarks on the interest in preserving the historic integrity of Dam N2, Commissioner Landt inquired whether or not, if a fish ladder were constructed to solve the problem of the barrier to fish migration, the ladder had to be active year-round; that is, during the summer months when fish are not going upstream and water flow is quite low, did the fish ladder need to be "open"? Mr. Vogt said that during summer months the migration would be small fish coming downstream. He said that it might be possible to permit these fish to drop over a two to three foot fall but that it would need to be investigated further. Stating that the permitting agency for creek work had given the Department a year to come up with a plan to resolve the fish barrier problems, Director Mickelsen inquired of Mr. Vogt whether or not he believed that an extension might be granted to that time frame if the Commission needed longer to develop its plan. Mr. Vogt said that he could not speak for the permitting agency but that it was obvious that work towards developing a plan is seriously being addressed and that he could support an extension if asked to do so. Director Mickelsen asked that the Granite Street Reservoir area also be discussed although it is outside the scope of Mr. English's report. The Reservoir area was not one which the Department was asked to address in relationship to the earlier permitting process. He asked Mr. Vogt whether or not the same time constraints for coming up with a plan would apply to the Reservoir area as with the other three sites. Mr. Vogt said that because it was not part of the earlier permitting process, he did not believe that the same time frame for determining a plan would be required. He did say that ODFW would be looking for a "good faith effort" on behalf of the City related to the Reservoir area. He also added that prior to the City putting too much effort into that site he said that ODFW should study the viability of the creek above the Reservoir. He said that it would not make a lot of sense for ODFW to require that the City provide fish passage through the Reservoir if the habitat above the Reservoir is very poor., For informational purposes, Director Mickelsen also asked Mr. Vogt to relay the information he had found related to when fish passage laws were passed in Oregon. Mr. Vogt said that in his research he had found statues related to fish passage as early as the 1870's when the region was administered by territorial charter. He said that the current statues read that you cannot "construct, maintain, or operate" any dam or obstruction to Regular Meeting-July 19, 1999 Page 6 of 9 Ashland Parks and Recreation Commission Discussion of Fish Barriers - continued resident species. Therefore, it is irrelevant when the structure was built, it still could not be "maintained" in place. There is no structure so old that the law would not apply. Terry Skibby (611 Beach Street), a member of Ashland's Historic Commission, was also present to speak to Dam N2. He brought with him a picture of the site from the early 1900's which showed the location of the structure which provided the water to the mill race. He said that the waterfalls actually dates back to 1854 and the water rights for the old mill. The Historic Commission feels that they do have historic value. He asked that the Historic Commission be involved for input related to any changes to the waterfall structure which will be considered. Chair Eggers thanked Mr. Skibby for his comments and indicated that the Commission would keep in touch. It was decided that no decisions related to the fish barriers would be made at this meeting. Mr. English was asked to develop a matrix related to the advantages and disadvantages to the alternative solutions for each site, including cost estimates, and to bring that information back to the Commission at its next Regular Meeting. It would be the Commission's intent at that meeting to make the decisions necessary to formulate the plan which would be forwarded to the Division of State Lands. C. Discussion of covered area for practice range at Oak Knoll Golf Course Director Mickelsen indicated that construction of the Driving Range at Oak Knoll has proceeded to the point that it would be appropriate to construct a covered area if it were to be done. When the Driving Range Committee met earlier this spring, there was much comment from the citizen members of the Committee that they believed that having a covered area would greatly enhance the usability of the range year-round. He inquired whether or not the Commission would like to move forward with covering a portion of the Driving Range. Commissioner Landt said that if a motion were made, he would be voting no for the same reason he voted no to continuing to construct the driving range; that is, he felt that it would be more appropriate to wait until LUBA had rendered its decision. MOTION Indicating that because a covered area would make the facility usable throughout the year and that that would improve the course and be of economic benefit, Commissioner Jones made a motion to authorize staff to design and construct a covered area for the Driving Range at Oak Knoll. Indicating that at this point in time the information which the Commission has received indicates that there is no legal problem related to the Driving Range, Commissioner Eggers seconded. The vote was: 2 yes - 1 no (Landt) Regular Meeting-July 19, 1999 Page 7 of 9 Ashland Parks and Recreation Commission VII. NEW BUSINESS A. Discussion of policy and procedures related to bids Director Mickelsen said that several Commissioners had spoken to him suggesting that the policy and procedures related to approval of bids for materials and construction contractscould be modified so that the Commission did not need to be involved with every decision. Therefore, as outlined in the memorandum dated July 13, 1999, staff has drafted a modified policy for the Commission to review. He said that he prefers that the Commission remain aware of bids which reflect large dollar amounts. Commissioner Eggers commented that she supported a change in policy so that staff may move forward on those items which are straight forward; it would be more efficient and reduce the need for additional Special Meetings. She added that, as a Commissioner, she was committed to taking the time on those issues which were environmentally, politically, or economically significant. Commissioner Jones said that she believed that staff certainly had the expertise to respond to bids which come in under the amount budgeted and that she would support a change in policy. Commissioner Landt said that he was appreciative of looking at a change and of staff efforts to draft a reasonable policy related to those items which have been pre-approved through the budget process. He said that although the policy which staff drafted indicates that bids which come in over $100,000 would be brought to the Commission for approval, he said that he would be willing to forego the dollar limit if the bids do not exceed the approved budget for the item. He would simply request that at the next Regular Meeting that the Commission be advised of what bids have been approved. MOTION Following brief discussion, Commissioner Landt made a motion to have the Commission adopt the following policy related to approval of bids for materials and construction contracts as follows: 1) Expenditures related to bids which have been pre-approved in the current year's budget which are bid for under $100,000 and are within 25% of the pre-approved budget will be approved at the staff level. 2) Expenditures related to bids which exceed $100,000 that are equal to or less than the pre-approved budget will be approved at the staff level. 3) Expenditures related to bids which are approved at the staff level will be reported to the Commission at its next Regular Meeting. Commissioner Jones seconded the motion. The vote was: 3 yes - 0 no Regular Meeting-July 19, 1999 Page 8 of 9 Ashland Parks and Recreation Commission VIII. COMMUNICATIONS and STAFF REPORTS Director Mickelsen said that he was delighted to report that the American Society of Landscape Architects has selected Lithia Park to receive a significant and prestigious award, the Centennial Medallion which honors the work of Frederick Law Olmstead. According to the ASLA, the Centennial Medallion Award Program had been created to "recognize significant works of landscape architecture, places of the heart, across the country." He said that we are in there with "all the biggies" which include New York's Central Park and Golden Gate Park; and, considering Ashland's size, it's a real tribute to the community to have been selected for this award. Commissioners expressed pleasure in having Lithia Park so recognized and concurred that receiving the award paid tribute to the dedicated efforts of the community, Department staff and Commissioners on behalf of the park. Director Mickelsen also reported that dates for the charette process related to the Calle Project had been confirmed by the consultants for the last weekend in July to be followed by a Joint Study Session of the Council and Commission on the following Monday, August 2, 1999. Council Liaison Don Laws said that because the RFP for the Calle Project indicated that the Preferred Option on the design would be determined by the Commission, he did not believe it was necessary to have the Council involved through a joint meeting. He said that it was his personal opinion that the Council didn't need to be that closely involved in the Commission's decision making process. Commissioner Eggers said that she concurred with Councillor Laws' point of view because Councillors would have the opportunity to participate in the charette if they chose to do so. Director Mickelsen said that, speaking on behalf of the consulting team, they had felt a joint meeting would give Councillors the opportunity to express any real concerns they might have related to the Preferred Option. However, if the Commission chose to meet on its own as indicated by the RFP, he was confident that the consultants could work with that. Commissioner Landt said that the impression he has been receiving from the Mayor and Councillors is that they do not need to be involved in every step of the way and that they expected the Commission to "take the lead on this and do it." He said that by continually pulling them in it gave the false impression that the Commission did not choose to take responsibility for the project. He said that he believed that the Council would prefer to keep to the original process whereby the Commission would do the work on the design plan but that they would have an opportunity for final approval. Consensus among Commissioners was that they would prefer to keep the Study Session or Special Meeting which would be held on August 2' following the charette a Commission meeting in which Councillors could attend to express their opinions if they chose to do so. It was also decided that, unless it posed a real hardship on the consulting firm to relocate from the Hillah Temple, that the meeting would be held at the Council Chambers if it were possible to have it broadcast live by RVTV. Regular Meeting -July 19, 1999 Page 9 of 9 Ashland Parks and Recreation Commission IX. ITEMS FROM COMMISSIONERS Commissioner Landt inquired about the progress of the new format for presenting monthly expenditures to the Commission was coming along. Ann Benedict, Business Manager, said that as Commissioner Coppedge had been interested in a new format also and would be back for the Regular Meeting.in August, that suggestions related to a new format would be given to the Commission for its review at that time. She said that she and Director Mickelsen had been looking into a couple of ideas. X. UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS The next Regular Meeting is scheduled for Monday, August 16, 1999. Items related to the fish barriers in Ashland Creek and sports field lighting at N. Mountain Park-would be placed on the agenda. XI. ADJOURNMENT With no further business, by consensus, Chair Eggers adjourned the meeting. Resp ectflly submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department Minutes City of Ashland Cable Television Programming Committee June 3, 1999 Hillah Temple Meeting was called to order by Steve Belsky, Chairman, at 5:41 PM. Those in attendance included Committee Members: Wes Brain, Cathy Carrier, Candice Chapman, Tom Garland, Lenny Neimark and Russ Silbiger. City Council Liaison Steve Hauck and Staff Liaisons Pete Lovrovich and Vince Zauskey were also in attendance. Russ Chapman was the only member of the public audience. Correction/addition to the Minutes of May 27th - Cathy Carrier and Tom Garland both noted that the Committee should consider adding the Fox News Channel due to public comments and demand. • After noting Cathy Carrier's correction to May 27th Minutes, Steve moved to approve minutes. • Thank you to Ann Seltzer for drafting press release and to Cathy Carrier for her rewrite. • Vince read the Cable Co-op restrictions and guidelines, to the Committee, in regards to adding Fox News to Tier 3. • Russ Silbiger reported he'd received eight (8) more email responses. • Fox News was the most requested channel tallied from the responses received through email, phone calls and written correspondence to the mailer. • Pete read the response letter from the WB Network regarding the inability to provide us with service due to the Exclusive Rights Agreement they have with Falcon Cable. Paul Nolte is researching the validity of the agreement. • Russ asked if it was possible to receive the WB signal through another channel provider, such as WGN. Vince will check into this. Vince said no local advertising would be provided if we broadcast through a satellite. • Pete met with an employee of Channel 12, last week, who agreed that the Exclusive Rights Agreement between WB and Falcon Cable, is questionable. • Steve Hauck brought up the fact that lawsuits have been filed over similar "Agreements", especially because WB has broadcast call letters (KMFD) and may be considered a "must carry' which cannot have exclusivity. • Lenny asked that this continue to be researched due to resident's desire to have access to these channels (WB & UPN). He also suggested that we air WB regardless of any agreement and let Falcon, etc. come after us, if they have grounds to do so. • Paul, Pete and Vince will continue to pursue and will also look into other broadcast options for WB. • No word from UPN yet. • The News Release, written by Ann Seltzer and edited by Cathy Carrier, is posted on the City's web site. • Committee discussed what the June 15th Presentation to the Council will look like: • Introduction & Charges (member's background & expertise; what they bring to the Committee) - Steve Belsky Process by which the Committee met and made decisions (include research involved, discussions and meetings held, public survey) - Lenny Neimark or Cathy Carrier Reasons why these choices were made (include what the Committee's restrictions were, why a la carte isn't offered) - Lenny Neimark or Cathy Carrier Public Response (include slide of what was sent to public and their responses) Wes Brain Channel Line Up and explanation - Wes Brain Continued Involvement (include list of future channels that may be offered) Candice Chapman • Each description should be scripted. Pete will help with Power Point slides. • Lenny Neimark made a formal request to email Candice Chapman with each member's choice of channels to acquire in the future. 2 • Committee Members will bring rough drafts of their presentation categories for review at the next meeting. • Vince reported on his research of GalaVision. He passed out information sent from the channel representative. This is an associate channel of UniVision. • Tom Garland reported on Spanish Comm unications.com - this channel offers a variety of shows in both Spanish and English. • Cathy Carrier reported that she spoke with a representative from Telemundo and they're sending literature. They'll also be at the NCTA Show. They're broadcast in approximately 81% of the United States Cable households. • Vince offered to let the Committee view the video sample from both GalaVision and UniVision. • Committee decided to table this discussion until further information could be gathered. Members agreed to ask teachers, friends, associates about their opinion of the Spanish channel options. This may be something we'd look at for "addition" in the future. • Tom Garland reported on the Classic Art Showcase Channel. He liked it and said it's commercial free and there isn't a charge, to customers, for access. • Pete said that, although having more channel options was desirable, the costs involved are significant for equipment & possible transport fees. • There isn't room on the channel line up now but the Committee can re-address at a later time. • Vince reported that receiving Bay Area vs Portland sport's coverage is based on geographic area. We may have the option of airing Giants games, and possibly Pac10 football & basketball. He'll continue to keep the Committee.apprized of progress made and options available as we fire-up nodes. • The web site looks 500% better! • Lenny Neimark felt the Committee should make some type of response to the comments received from the mailer. Since WB & UPN may be on hold for a bit, our biggest request was to add the Fox News Channel. • Pete Lovrovich gave the go ahead, to the Committee, to add Fox News Channel and Committee agreed it should go on Tier 3. Lenny made a motion to add Fox News to Tier 3 and the motion was seconded. The Committee unanimously agreed. • Committee voted to add the Fox News Channel to Tier 3. • Lenny suggested we have a music channel included in the line-up for Tier 1. Committee agreed and the music channel may be listed under Tier 1 when the Committee presents to City Council. Vince will follow up to see what's available. • Meeting adjourned 7:38 PM. 4 Minutes City of Ashland Cable Television Programming Committee June 10, 1999 Hillah Temple Meeting was called to order by Steve Belsky, Chairman, at 5:40 PM. Those in attendance included Committee Members Wes Brain, Cathy Carrier, Candice Chapman, Tom Garland, Lenny Neimark and Russ Silbiger. City Liaisons Pete Lovrovich and Vince Zauskey were in attendance as well as Council Liaison Steve Hauck. CORRECTION TO PRESENTATION RESPONSIBILITIES: RUSS SILBIGER— PUBLIC RESPONSE PREVIOUSLY STATED AS WES BRAIN TO HANDLE PUBLIC RESPONSE ANON THE JUNE 3RD MINUTES. Minutes accepted and approved by the Committee. Pete brought up the subject of our ability to block channels that the customer doesn't want fed into their home. For example, adult channels utilizing an analog feed will still broadcast audio of said channel. Some residents may be unhappy with this. With a digital feed and digital set tops, such as proposed by Ashland, both audio and visual aspects of channels will be suppressed/scrambled for any services not chosen by a customer. Pete said that the City will not respond to a Letter to the Editor chastising AFN for carrying adult services such as Playboy and Spice. He also mentioned that residents have the option to CHOOSE what channels they have fed into their homes. Pete told the Committee that we're unable to get a digital feed for our entire Fiber Network System. Tiers 1, 2 and 3 will be analog while Tier 4 and Premiums/PPV will be digital. Music Choice cannot be offered on Tier 3 because a set top box is required and therefore we'll offer this channel on Tier 4, for the time being. He told the Committee that the Analog Headend costs will be higher than what was expected because we now need an analog and digital tiered system. Tiered Services are more expensive to operate. The Digital Tier 4 has two channels that are only in analog form (BET & FX Movies). There will not be a conversion from analog to digital of said channels. 1 —There wereThere several options discussed: Switching digital channels from Tier 3 to Tier 4. There are some digital channels that the Co-Op doesn't have agreements with. We could go to the programmers, individually, and acquire the necessary digital channels but will not be able to secure the slightly lower Co-Op rate. Vince read a list of digital replacement channels that have agreements with the Co- Q{3: Op. There are currently nine (9) channels, on Tiers 2 and 3, that need to be converted from digital to analog. Also, Music Choice needs a set top box installed in order for customers, -with Tier 3,--to have access. Steve B. asked whether or not the Committee should present to the Council as planned, if the line-up needed to be reworked. He didn't want the presentation to be rushed. Roundtable discussion followed regarding Music Choice and set top boxes. Committee then polled each member as to what two (2) channels they would swap in order to accommodate the changes that need to be made around the Tier 4 analog channels. Majority was to move BET to Tier 3 and replace with Outdoor Life on Tier 4. Drop FX Movies from Tier 4 and replace with A&E Biography. Drop SpeedVision on Tier 4 and replace with the Discovery International Channel. Also, one digital Discovery Channel needed removing. After lengthy discussion, it was decided to eliminate Discovery Civilization. Remaining Discovery Digital Channels include Discovery Kids, Science and Health on Tier 4. Cathy Carrier made a motion to approve these choices and Lenny seconded the motion. Meeting was adjourned at 8:00 PM 2 Minutes City of Ashland Cable Television Programming Committee June 14, 1999 Hillah Temple Meeting was called to order by Steve Belsky, Chairman, at 5:14 PM. Those in attendance included Wes Brain, Cathy Carrier, Lenny Neimark and Russ Silbiger. Those not in attendance included Tom Garland (out of town) and Candice Chapman. Staff Liaison Vince Zauskey was present as well as Council Liaison Steve Hauck. Pete Lovrovich, City Liaison, was out of town. Brief discussion regarding the status of our progress with the WB Network. Paul is still investigating the Exclusivity contract with KDRV and Falcon Cable. Vince gave an update on information regarding the addition of the Telemundo channel. When he spoke with one of their representatives, they weren't sure what specific feed the channel utilized. Vince later found out that the feed used for this channel is called a GE-1 feed and is a digital feed. The cost is ten (10) cents per customer for Telemundo—the same as Univision. Committee agreed to drop the FX Movie channel (an analog feed) and Speedvision to make room for The International Channel. These changes are for Tier 4. Russ brought up replacing Discovery Health (which is no longer available as a digital channel) with "Trio" (part of "Hits" programming). He passed out handouts with a description. It would be included on the Digital 4 Tier. Russ made a motion to approve the change, to be placed on Tier 4, and Cathy Carrier seconded the motion for adding Trio. Russ Silbiger requested changing the name 'Encore Package' to 'Starz Package', in the Premium Programming area. This was approved by the Committee. Lenny made a motion to replace the Discovery Civilization Channel with Trio. Steve seconded the motion. Music Choice will be offered on Tier 4. Lenny suggested that we include the additional box charge in the fee for adding Music Choice, if customer wants Music Choice on a lower Tier of service, such as Tier 2 or 3. Steve asked for a vote on this by the Committee. Committee voted yes to the issue of making Music Choice available on other Tiers for an additional monthly box charge fee. Amendment was made - when presenting the Music Choice option, mention that due to technical constraints, Music Choice will be offered on Tier 4, for the time being. The line up will be adjusted as those constraints are lifted. Vince said that the AFN Implementation Committee is considering requiring a box for Tier 3 customers. They feel this will help sell Tier 4 and PPV Premiums more easily and help cut back on truck rolls. The Committee discussed manually programming the channel (or Tier) restrictions for residents utilizing "interdiction" or traps. This would be required for all levels of service chosen by a customer not having a digital box. Steve Hauck explained that an exterior box could be placed on the outside of homes for this purpose. This type of monitoring is for mixed systems (digital & analog). Cable rates will be announced on June 15, 1999 by Jill Turner as well as the Channel Line-Up announcement by the Programming Committee. Meeting adjourned 6:24 PM. 2 Minutes City of Ashland Cable Television Programming Committee July 16, 1999 Hillah Temple Meeting was called to order by Steve Belsky, Chairman, at 5:17 PM. Those in attendance included Committee Members Russ Silbiger, Candice Chapman, Cathy Carrier and Tom Garland. Council Liaison Steve Hauck and Staff Liaisons Pete Lovrovich, Vince Zauskey and Michael Ainsworth were also in attendance. Lenny Neimark and Wes Brain were absent. Special note:Learned over the weekend that Wes Brain attempted to attend the meeting after finishing work at approximately 5:15pm but was unable to get through because of the "Police Vehicles Only" sign in open driveway. Introduced Michael Ainsworth, recently hired "Cable Television Specialist". Steve said there were two items on the agenda that needed the Committee's attention. Vince sent an email about removing Discovery Health from Tier 4 (because Discovery Health is not longer a digital channel) and suggested that we replace it with Discovery People. Vince passed out "Issues" hardcopy of 6 agenda points to cover in the meeting: Item #1 - called for a special meeting of the program committee because Vince recently learned that Discovery Health is not available on our delivery system transponders unless we invest additionally in headend equipment. Prior delivery system, Telequest, didn't present this as a problem. Pete said we're already spending more on headend equipment and can't spend the additional amount required. Vince states that we could replace Discovery Health with Discovery People and adds that Biography is requiring that we also carry the History International Channel. 1 Russ said that Discovery People was not a viable alternative and was never on the Programming Committee's "radar screen" as a potential network to carry. Vince mentioned that if the Committee elects to carry two of the three Discovery products, AFN's licensing costs would go up to 28 cents for two channels versus 7.5 cents (times 3 channels) for 3 channels. Cathy said that Discovery is partially owned by Disney (which might explain their business practices). Vince said Discovery channels need to be on the digital tier (Tier 4) unless AFN can convert the signal to analog and move to a lower tier. Cathy suggested we remove the 2 Discovery channels and add Speedvision. Vince listed the "eligible" transponders for the Programming Committee to choose program feeds from: HITS 1,2,4,5,7,8,10. He also supplied a list of transponders and correlating programming options. Steve asked if we could pull a digital channel from Tier 3 and replace it with an analog one. Steve said we can't dump one (Discovery Health) and keep the other two as the cost would go up (3 channels @ 7.5 cents versus 28 cents for 2 channels) Vince said the cost prohibited as most of the selected channels range from 3 to 12 cents versus 56 cents for "just" the two remaining Discovery Channels. Steve mentioned we do have digital channels on Tier 3. Is it possible to replace those with some from Tier 3 and replace those on Tier 4 with 3 other channels? Discovery People is the only option but is it the best option? Vince passed out a handout of digital networks with Co-Op agreements. Cathy suggested Toon Disney but mentioned she thinks it has to have a channel number adjacent to the Disney Channel. Vince will check into this. Candice suggested that they work with the channels on Tier 3 by moving Outdoor Life and adding Toon Disney to Tier 4. Then we could shop for other channels to replace the Discovery channels. 2 Vince said that it's a one-time startup fee but that there are additional carriage charges. Programming Committee Members suggest various networks: There are six (6) channels to choose from: Toon Disney History Channel International (must carry with Biography) Bloomberg ESPN Classic Goodlife Kaleidoscope Game Show Solution is to remove Discovery Channels from Tier 4 and pick replacements. Candice asked about the adjacent channel requirement with Toon Disney. Vince will check on this first thing Monday. Candice makes a motion to vote on History International, ESPN Classic and Bloomberg. Cathy seconds the motion. Vote is unanimous in favor of the motion. Bloomberg replaces CNNfn. Third issue on Vince's handout - Knowledge TV has no HITS agreement. Tom suggests moving TVLand or ZDTV to Tier 4 and makes a motion for a vote on this. Cathy seconds the motion. Steve calls for a vote to replace Knowledge TV with ZDTV (to Tier 4) Drop TVLand from Tier 4 and leave the channel vacant for now. Tom withdraws his earlier motion. Cathy motions to drop Knowledge TV. Sixth issue is to drop FLIX due to no digital feed through HITS. Vince mentions that AFN would have to buy additional headend equipment. Candice motions to drop FLIX from the Showtime Package and not replace it for now. Tom seconds the motion. Motion passes without exception. 3 Fifth issue is Newsworld International does not presently have an agreement with HITS. They should have an agreement by the time AFN launches. Russ motions to leave vacant at launch should the agreement with HITS be delayed and add when the agreement is signed. Steve seconds the motion and the vote is unanimous. Candice asks about the minutes from the last meeting. Vince replies that Kathy Painter is on vacation and will type the minutes when she returns. Vince will check on Toon Disney on Monday (regarding the possible requirement for adjacent channel placement with Disney Channel. Steve says the next meeting is not scheduled yet. Meeting adjourns at 6:28pm. Summary of network changes: ADD Network Network changed On hold pending their agreement with HITS Newsworld International Bloomberg replaces CNN# (No HITS agreement) ESPN Classic* replaces Dissevery Kids Kaleidoscope replaces Dissevery-Health vacant channel dropped Knowledge TV (not on HITS) History International add per agreement requirement w/Biography Chnl (Minutes recorded by Michael Ainsworth for Vince Zauskey— in lieu of tape recorder) a MINUTES Cable Television PROGRAMMING COMMITTEE Thurs., Aug. 26, 1999 Those in attendance at Hillah Temple—Steve Belsky, Wes Brain, Cathy Carrier, Candice Chapman, Tom Garland and Russ Silbiger. Lenny Neimark was not present (away for the summer). Staff Liaisons Mike Ainsworth, Pete Lovrovich and Vince Zauskey were in attendance also, as well as Council Liaison Steve Hauck. . No one from the public was in attendance. Chairman Steve Belsky called meeting to order at 5:36PM. Pete Lovrovich gave Programming Committee update on WB Channel and its exclusive, local agreement between KDRV, Channel 12 and Falcon Cable. Mentioned that Portland law firm, Cable Houston, forwarded a document to the City(Paul Nolte, City Attorney and Pete Lovrovich, Director of Utilities and Telecommunications). In summary, this document stated that the exclusive agreement between KDRV and Falcon is in violation of the cable TV act. City will be forwarding a letter from Cable Houston to send to both KDRV and Falcon to inform them of the Programming Committee's intent to add WB to our Channel line-up and they're in violation of the cable act. The Discovery Channel representative has updated Vince about negotiations they are currently having with HITS to add their digital channel, Discovery Health, to HITS, Pod 1 and move Discovery People on this same pod to Pod 11. This would give the Programming Committee an opportunity to add Discovery Kids and Discovery Science— along with Discovery Health—to our Tier 4 `Digital Plus' line-up as they would all be on the same pod. Cathy Carrier asked for overall update about Ashland Fiber Network and Pete mentioned one of the obstacles we're currently facing is with the outside, Internet connection via Quest and U.S. West. Apparently, there was a communications problem between these two entities which prevents AFN from offering Internet service in our first node, #6, as quickly as we would have liked (by end of September latest). Because of this, we're looking at other options and may have to delay `firing up' our first node with Internet service until the middle of October. Pete mentioned that Mike Ainsworth and Vince Zauskey will work with Ann Seltzer and the Communications Group to assist in coordinating the Ashland Fiber Network marketing effort. Also mentioned a `Guest Letter' Mike Ainsworth is putting together, 1 along with Pete Lovrovich, that mentions the status of the AFN project. This letter would be submitted to the Ashland Daily Tidings with the hope it would be published and give the citizen's of Ashland a detailed progress report. Pete also mentioned the hiring of a Head end Tech, Randy Schmelzer, who will start on Sept. 7. Randy's main responsibilities will initially include overseeing contract work by Hunter Communications, being involved with the set-up of the analog and digital head end and helping with the hiring process for installers. Randy worked most recently as a cable television contractor rebuilding the Eugene plant for AT&T. Previously, Randy worked with TCI in Medford as the Regional Ad Insertion Engineer and followed with a similar position in Seattle's TCI system. His main responsibility after we have launched cable TV will be to maintain the AFN head end and cable TV plant. Progress report was given about contract work being done by Hunter Communications. They are currently hanging coaxial cable in Node 6, along with fiber splicing, and have almost completed this node. Following the Node 6 coax and fiber splicing will be hanging of amplifiers and taps to complete this node. It was also mentioned that the Digital Plus tier(Tier 4) seemed to be a little `weak' as far the number of channels offered. The committee was asked to look at the available HITS pods that provide digital programming to see if there might be other channels they felt worthy of adding. Vince handed out current HITS transponder/pod information and the channels offered in each pod already chosen by the committee. The committee might be able to look over and come up with additional channel selections at our next meeting in Sept. Mentioned that AFN was very close to making a decision on their Digital tier provider. Two options at this time are Head end in the Sky(HITS) developed by TCI and another digital provider: TVN Entertainment Corporation. AFN is leaning toward TVN, especially because of their 32 channel Near Video On Demand Pay-Per-View product (a different movie every half-hour),billing of all PPV, 24/7 phone support for PPV, handling of PPV credit card orders, upgrading and downgrading of digital converter boxes and provide extensive marketing support for the PPV. Although they do take part of the PPV revenue split, TVN will assist in buying back our digital head end. Vince passed out the September TVN Pay-Per-View schedule for the committee to review and also shared September movie titles for the PPV channels HITS offers, Viewer's Choice. If we sign a contract with TVN we will still be required to sign a `Digital Transport Agreement' with HITS as they will provide the transport of all the Tier 4 channels plus Premium channels and adult PPV channels. Meeting was adjourned by Steve Belsky at 6:31 PM. Next cable TV Programming Committee meeting will be Thurs., Sept. 23. 2 City of Ashland PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES August 2, 1999 ATTENDANCE: Present: JoAnne Eggers, Sally Jones, Rick Landt, Laurie MacGraw, Director Ken Mickelsen Absent: Teri Coppedge I. CALL TO ORDER Chair Eggers called the meeting to order at 7:00 p.m. at the Council Chambers, 1135 E. Main Street. II. CALLE GUANAJUATO RESTORATION PROJECT Chair Eggers explained that the purpose of the Special Meeting was to review the status of the design phase of the Calls Guanajuato Restoration Project to assess where we are to date in the process. Having just completed the three day charette, Brian McCarthy, lead consultant on the design team, would be making a presentation to bring everyone up to date and to preserit-the alternative design options which have come out of the charette workshop. After the conclusion of Mr. McCarthy's presentation, there would be time for public comment and then the Commission would deliberate to give the consulting team guidance as to how to proceed next in design process. She said that it was the Commission's intent to come to an agreement on design alternatives to be included in the Preferred Option as described in the RFP. At this point, she turned the meeting over to Mr. McCarthy who would facilitate the presentation. III. REVIEW OF PRELIMINARY DESIGNS AND PUBLIC PROCESS TO DATE Brian McCarthy indicated that tonight's meeting represented the second milestone in a four milestone process. The first milestone is represented by the Joint Study Session with Council and Commission to assist the consulting team in gathering information related to clarifying and prioritizing design criteria and budget parameters for the project. The second milestone began with the three day design charette and community workshop. The design charette served two purposes: it provided the opportunity for the public and public officials to discuss various aspects of the project one-on-one with members of the design team and to then work in conjunction with the design team to develop preliminary alternative design options. Mr. McCarthy said that the team had developed three preliminary designs which were brought to the to the charette. The public was able to utilize them to begin to think about different approaches to design. Through various small group activities, the public created additional design alternatives. He indicated that the design team gathered important information from the citizens' as they worked in small groups which addressed various design features which would affect the overall plan. Following the charette, the consulting team created two additional preliminary designs (A & B)which incorporate the information gained during the charette. He said that the goal for this evening would be for the Commission to select one of the two options, or a combination of the two, as a direction for the team to pursue in developing the Preferred Option which would be presented in September. Concluding the formal presentation, members of the consulting team briefly reviewed key design strategies which had brought forth design alternatives A and B. Drawings illustrating the appearance and functions of design aspects of alternatives A and B were reviewed. A decision matrix was also Special Meeting-August 2, 1999 Page 2 of 5 ' Ashland Parks and Recreation Commission CONSULTANTS PRESENTATION-continued presented which outlined the similarities and differences between the two alternatives. The matrix indicated that both alternatives addressed the three major goals for the project: flood control, environmental enhancement, and urban usage. It was also mentioned that alternative B would very likely be more costly than alternative A to construct. IV. PUBLIC COMMENT Jim Young, representative from the Lithia Arts Guild said that he would like to speak in favor of alternative B because he felt that the west side of the creek could become more open visually, very useful and a place for interchange with the option of having a public stage for intimate concerts or theater. He also liked the idea of the shorter bridge which would be ADA accessible and would make the garbage and recycling area much more accessible to the businesses. He liked the concept of creating more area in which people could be next to the stream. He complimented the consulting team indicating that it had been a pleasure working with them. Chair Eggers thanked Mr. Young for his participation indicating that he had devoted a lot of time to the process and project. Cate Hartzell said that she was somewhat disappointed that the alternatives being presented do not appear to address the tendency of the creek to want to wend its way to the west as it flows through the Calle. She said that she would hope that that tendency is taken into consideration when deciding what kinds of things will be placed on the west side, preferably those things which are either temporary or designed to be able to withstand flooding. Indicating that she had heard a lot of comment over the weekend about limiting access to the creek and that the drawings were not particularly clear on that point, she suggested that the number of access points be conservative. In a question to the consultants, she asked whether alternative A offered access from Granite Street or whether it was just the steep stairway off E. Main. Mr. McCarthy said that the stairway in alternative A was similar in execution to what was there previously. Alternative B incorporates a similar stairway but also a path which is not as steep off Granite which is mostly ramp with a few stairs. Lee Anderson commented that he was sorry that he was not able to attend the charette but that he had had previous commitments. He encouraged the Commission to spend as little money as possible on the Calle other than getting it stabilized and improved until the City has prepared a master plan for all of Ashland Creek. He said that it feels to him that the City has the cart before the horse by building the Winburn Way Bridge prior to a plan for flood flows throughout Ashland Creek. He�said that he understands that this is totally out-of-scope for this team of consultants who are addressing the Calle. But he certainly seconded the public comments which he understands were made over the weekend about the need to address the whole of Ashland Creek, not just the short stretch along the Calle. He said that he hoped we would not spend a million or more on the Calle just to end up with photos of future floods similar to what we have from 1997. Ron Roth, who expressed delight in being the only citizen who was not a public official who attended the creek walk with the consultants on Sunday, said that he liked where we are in the process right now but before we really decide what to do he believed that their needed to be a joint meeting with the Council and Commission. He felt that there have been somewhat arbitrary lines drawn between what was "Park" and what was "City"which was not working in the best interest of the community as a whole. For instance, the consultants don't know whether or not to design public restrooms into this design because we don't know whether or not public restrooms will be put in the Hillah Temple. From a citizens point of view it doesn't matter. "It's kind of an Army, Navy thing." He stated that we need a real plan which is planned together, not the Parks Commission and Council separately. Special Meeting-August 2, 1999 Page 3 of 5 Ashland Parks and Recreation Commission PUBLIC COMMENT-continued Moriand Smith stated that he understood that the planning process for the Calle is tough because of all the various elements. He said that he would like to compliment the consulting team and the Commission for hiring them because he was very impressed over the weekend with the manner in which they were addressing serious problems. Sitting in the audience this evening, he said that he has come to support alternative B because he believes it will provide the best solution for the Calle and for Ashland.. He said that both plans seriously address issues which are appropriate to address at this time, even without a plan for all of Ashland Creek. He said that the he believes that the current process is developing solutions for the Calle in which the current budget can be spent productively without inhibiting future plans which the City will pursue related to Ashland Creek. He complimented all the folks who have worked on the project to date and said that he will be excited to see the final plan which results. V. COMMISSION DISCUSSION and DELIBERATION Commissioner-Landt inquired about the aspect of both plans which called for the laying-back of the west hillside. Had it been truth-tested? Mr. McCarthy said that the design concepts had been based on the second report completed by Squires and Associates which indicated that the loss of the hillside created by the 1997 flood was created by massive erosion due"hydraulic mining" related to the configuration of the old culvert, not massive land movement because the slope was not stable. Although the slope is loosely consolidated, the key to the maintaining slope integrity is preventing erosion through some kind of armoring. Along with moving the slope back, a significant amount of living material will be used in whatever design is approved to assist in armoring the slope. Commissioner MacGraw thanked the consultants for their efforts to date and expressed appreciation that ideas are beginning to take tangible shape. She also thanked all members of the public who have been an integral part of the process. In brief response to Mr. Andersen's comments, she said that in principal she agreed with him that a master plan for all of Ashland Creek is essential. She said that she differed with him, however, in that she did not believe a real plan for the Calle should wait until the City had undertaken the much larger project of addressing Ashland Creek. She said that she hoped and believed that whatever design is adopted for the Calle will help with flood control now should problems arise, and, that the plan will provide a much improved urban space for the Calle. Chair Eggers asked Mr. McCarthy to address the budget at this time if appropriate. He said that it would be appropriate but that he felt it would be preferable not to let budget become the main focus of discussion. He said that the design team is very conscious of the budget constraints, however, initially he felt that design alternatives should be considered related to the best design for the area without being automatically precluded by budget considerations. That said, he briefly reviewed a worksheet which illustrated how monies are usually spent on any public project indicating that all monies cannot be allocated to the construction itself. He enumerated the kinds of indirect or unexpected costs which can arise in a project as complex as the Calle Project. He said that in his initial investigations related to analyzing budget issues that he had used the three preliminary designs which were developed prior to the charette. Based upon that experience, he said that he would roughly estimate that alternatives A and B would come in somewhere between $ 1 million and $2 million with B somewhat higher than A. Although better information will be available later in the process, he said that he believed that the project will need to be looked at in phases with priority work such as in-stream work being completed first and the balance of the project planned when monies are available. Director Mickelsen clarified some points to make sure that everyone had a clear understanding of the project to date. First, he clarified that whatever plan was adopted that it would not be able to handle a 100-year flood. Mr. McCarthy said that that was accurate, especially at the Munchies location. Without Special Meeting-August 2, 1999 Page 4 of 5 Ashland Parks and Recreation Commission DISCUSSION and DELIBERATION -continued a resolution related to the N. Main bridge, a 100-year flood cannot be accommodated in the lower portion of the Calle. In response to a question by Councillor Laws, Mr. McCarthy said that he did not believe that even with active flood measures that a 100-year flood can be obtained without a new N. Main bridge. In truth, even with active flood measures, about a 25-year flood protection is the best obtainable. Indicating that the best estimate of the 1997 flood is that it was a 25-year flood, if a similar flood occurred and the water stayed in the channel, there is all likelihood the designs which are being developed plus the use of active flood measures would be able to handle a flood of similar magnitude as that which occurred in 1997. He also briefly discussed the kinds of active flood measures which could address problem areas and give added protection. He said that the consulting team would be willing to work with the City to assist with the design of these active measures if the City chose to do so. In response to a question related to utilities located on the Calle, Mr. McCarthy indicated that in order to remain as conservative as possible due to budget constraints, the design team tried as much as possible to leave undisturbed those zones which house utilities. They tried to minimize intrusion into the infrastructure as much as possible but there is more to be investigated. The designs are taking into consideration as much flood protection for the facilities as possible. Chair Eggers asked Director Mickelsen to briefly review the monies which are currently allocated for the project and to discuss briefly use of a phased approach if the project cannot be fully funded at this time. He said that currently between the City's budget and the Commission budget that there is $1 million dollars available for the project in fiscal year'99-2000. If the final master design plan comes in above that level then there will be choices made to determine what aspects of the master plan should be immediately taken care of and what aspects can be placed on hold until funding is available. Following some further questions related to design considerations, the Commission moved forward to deliberate towards consensus related to what design aspects would be included in the Preferred Option which would be developed by the team. Mr. McCarthy said that it was not necessary for a choice to be made between the two preliminary design alternatives presented this evening. He said that having the Commission make choices related to several design points would be most useful for the consulting team. Commissioners decided to move forward in that manner. Each of the following topics were discussed in detail with the consultants prior to the Commission coming to consensus on the following design features: ,. • That two bridges would be incorporated into the design with the low water bridge providing more direct access to the Granite Street stairway than is currently demonstrated in alternative B. • That the design would incorporate a small "bowl"on the west side as illustrated by alternative B. How the area will be finished will be determined at a later time although Commissioners stated that a small performance area would be desirable somewhere and that this would be the most likely location. • That the flood wall on the lower end towards Munchies would in part be relocated to conform somewhat to what was illustrated in alternative 13. Discussion included the fact that although this may be a desirable design feature that it could be costly and may need to be included in future phases of the project. In and of itself, it would not affect the flood carrying capacity of the area. • That design issues related to enriching the east side would be addressed in the final master plan. Although this portion of the plan would be costly, Commissioners felt that the master plan should be far-reaching and not constrained by cost. Because east side enhancements would greatly benefit the overall design of the area, they should be included in the plan although they may receive low priority when it actually comes to construction. Special Meeting-August 2, 1999 Page 5 of 5 Ashland Parks and Recreation Commission DISCUSSION and DELIBERATION-continued In summary, Brian McCarthy stated that he felt that the design team could move forward to developing the Preferred Option based on these choices made by the Commission. He said that generally he had also heard that it was very important for the team to keep budget considerations in mind as they proceeded. However, the master plan should reflect a visionary, best design. The consultants would present the visionary design in steps which would be able to be accomplished in phases which could be prioritized by the Commission based upon such issues as flood control, monies available and disruption to the area. MOTION Commissioner Landt made a motion to extend the meeting past 10:00 p.m. Commissioner MacGraw seconded. The vote was: 4 yes -0 no In response to Mr. McCarthy s comments Commissioner Landt said that he strongly supported that point of view; that as a priority the in-stream work needs to be considered first and needs to be very budget conscious but that ideas related to the balance of the design should not be restricted by cost but should remain visionary and reflect the best, overall design for the area. The other Commissioners concurred with Commissioner Landt's comments. VI. ADJOURNMENT Having confirmed with the consulting team that they had received the guidance necessary to proceed with developing the Preferred Option, the next step in the design process, Chair Eggers indicated that the meeting could be adjourned. Prior to doing so, she thanked everyone for their participation and efforts to date. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department / - ASHLAND TRAFFIC SAFETY COMMISSION MINUTES JUN E�24�"'1999 01 MEMBERS PRESENT: JOHN MORRISON, BILL LAMBE, BILL SNELL, DON LAWS, MICHAEL SAVKO STAFF PRESENT: JIM OLSON, DAWN CURTIS MEMBERS ABSENT: THOMAS HEUMANN, GEORGE FARDELMANN I. CALL TO ORDER II. APPROVAL OF MINUTES FROM THE MAY MEETING. Approved as written. III. ITEMS FOR DISCUSSION: A. PUBLIC FORUM ITEMS: Preston Moser, SOU Safety Committee, addressed the Commission with regard to the intersection of Indiana and Siskiyou Blvd. where children are crossing with little regard to vehicular traffic. These children are younger in age then the typical students. Most are involved in summer programs at the University and have been running haphazardly across Siskiyou. The SOU Safety Committee has suggested that a fence be placed in the median to help direct the pedestrian traffic to remain in the crosswalks. Moser has sent their request to ODOT and wanted the TSC to be aware of the request. Laws suggested speaking to the persons in charge of supervising these children for help with this matter. B. REVIEW OF TRAFFIC REQUESTS/PROJECTS PENDING/ACTION REQUIRED 1. REQUEST FOR PROHIBITION AT WIMER AND N. MAIN Mr. Bill Snell suggested a remedy for the busy, congested intersection of North Main, Wimer and Hersey Streets by prohibiting the left turn movement from North Main Street (north bound) onto Wimer Street to improve the traffic flow at this intersection. North Main Street near the intersection of Wimer and Hersey Streets is four lanes wide, with no center turn lane as is present at Maple. The two intersecting streets, Wimer and Hersey are offset by approximately 35 feet. This offset causes some unique problems as cars queue up for left turns. Because of the staggered alignment it is impossible to make simultaneous left turns from North Main Street. The elimination of one of these movements would most likely improve this intersection if it can be done safely and without confusion. G:Dawn\Traf\MinutesVune 99.doc This intersection has been identified as one of our ten most hazardous intersections. We have submitted this intersection to ODOT for consideration for a signal, but have thus far been unable to implement it. The ultimate improvement of the intersection will be expensive either by a signal installation or a re-alignment of Wimer and Hersey Streets. While the closure of left turn traffic onto Wimer Street would help eliminate some congestion, the physical implementation of the prohibition would be difficult. Since there is not a center lane or median there is no opportunity to install a "no left turn"sign where it will be directly in front of traffic or in a very noticeable place. To install a sign at the right side of the street is confusing. Pavement markings of"through traffic only"or"no turns" is less noticeable and subject to constant wear. The closure of the left turn onto Wimer would increase traffic on Nursery or Coolidge Streets which are both local neighborhood streets. Wimer Street is a collector street and is therefore subjected to the heavier traffic volumes. Staff recommends that turn movements not be prohibited at this time and that staff contact ODOT with a renewed request for signal installation at this intersection. Discussion: The staggering of the intersection adds a degree of difficulty to the solution of the problem. To add a median curb would not work because it would block the turn movement of the other lane. Pavement markings would not be prudent because they would wear too quickly in this area. The signage was considered buy disregarded due to the lack of visible places to place the signs where they would be noticed by the drivers. Morrison commented that most drivers familiar with Ashland are aware of the upcoming turns and move to the outside lanes to avoid the people queued to turn. Snell asked if we had performed traffic counts for this intersection. Olson has sent in the counts to ODOT with the request for additional help with the layout of the intersection. The intersection does meet warrants for a traffic signal. The hold up for this signal is funding. Suggestions for funding included petitioning ODOT for the money or apply for grants. The intersection has been listed as one of the ten most dangerous in Ashland due to accident and volume counts. Decision: Laws suggested contacting ODOT and asking for a review of the intersection. 2. REQUEST FOR YIELD ON EMMA AT ELKADER STREET— PENDING COMPLETION OF TRAFFIC STUDY Ms. Barbara Jarvis wrote requesting consideration of placing a yield sign on Emma Street at its intersection with.Elkader Street. The intersection of Emma and Elkader Streets is a four way 90 degree intersection located in steep slopes. Site visits by staff did not indicate an excessive speed problem at this intersection, however the steep grade of each of the four legs posed some vision obstruction in all directions. The predominant traffic movement is at Elkader Street and appears to be equally split between north and south bound traffic. G:Dawn\Trat\Minutes\3une 99.doc Staff recommends that yield signs be placed on both legs of Emma Street at its intersection with Elkader Street. Although traffic volume warrants for stop sign placement are not met, the physical conditions of the intersection supports yield sign installation. Decision: Staff is still conducting the traffic studies for the intersection. Report will be available at the July meeting. 3. REQUEST FOR A 15 MINUTE LOADING ZONE AT 372 E. MAIN STREET Mr. Guy Soverbry, 372 East Main Street (the Village Baker), requested a 15-minute loading zone be installed directly in front of his business. This would be at the expense of one existing 2-hour space. The Village Baker occupies a portion of the old White House Market building on East Main Street. The business shares a private 10-space parking lot with two adjacent businesses. The lot is signed for the exclusive use of the Village Baker and the two other businesses. There are two 2-hour parking spaces directly in front of the building and one 15-minute space approximately 25 feet to the northwest located directly in front of the ski shop. Mr Soverbry is acting on a request made by several of his customers who claim that the 15-minute space at the ski shop is usually occupied and the parking lot is inconvenient for very short time use. Mr. Soverbry's business is one that creates a very short turn-around time and is more compatible with the shorter term parking limits. Guy states that the 2- hour spaces are often occupied for much longer periods than allowed. The Village Baker is somewhat unique in the Central Business District in that it has access to an adjacent private parking lot. The lot contains 10 spaces including one handicapped space. The space adjacent to the handicapped space could easily be designated as a 15- minute space, which would offer easy access to the street. Although the need for a 15- minute space is undisputed, it should not be taken for the existing downtown parking inventory where another alternative exists. Discussion: Lambe asked if the City has a limit on the number of 15 minute parking spaces. For the downtown area. Savko asked where and why the fifteen minute parking spot was originally put in front of the ski shop? Olson found no request in recent history about this spot. Lambe commented that parking in the lot is a nightmare. There is little maneuvering room for vehicles and the visibility of the spots near the entrance is compromised by the angle that people pull into the parking lot. Savko suggested moving the fifteen minute spot from in front of the ski shop to in front of the bakery. Laws thought the realtors on the corner may use the fifteen minute spot for customers coming in to sign or drop off documents. Morrison remarked that the parking space next to the handicap spot in the parking lot could be converted easily to a fifteen minute spot. Citizen from the audience spoke about the parking being full a majority of the time. The realtors have their own parking in the rear of the building and should have no qualms G:Dawn\Traf\MinutesVune 99.doc about moving the parking space. Morrison asked if staff could call the surrounding businesses to see if they would be opposed to the moving of the spot. Decision: Staff will contact the surrounding businesses and report back on the opinions. 4. TRAFFIC CONCERNS AT THE PIONEER STREET/ E. MAIN STREET INTERSECTION Mr. David Sprague sent a communication expressing his concern regarding the hazardous conditions at the intersection of Pioneer Street and E. Main Street. Mr. Sprague points out that the signal on E. Main Street at Pioneer Street is placed on flash too early (see attached communication) while the evening plays begin at 8:30 PM, he indicates that the signal is placed on flash at 7:00 PM even though Pioneer Street is not closed until 8:00 PM. Mr. Sprague questions the need for street closure and if needed the signal flash could coincide with the street closure. To eliminate noise and congestion during the OSF plays, Pioneer Street has been closed between E. Main and Hargadine Street. The closure has roughly coincided with the times of the plays. To verify the actual times of operation of the flashing signal calls were placed to Terry Moxley, ODOT Signal Maintenance team and to David Dryfuss, OSF Production Manager. Both David Dryfuss and Tom Knapp of OSF production department called back with the following information. The following is a brief summary of the conversation: 1) OSF does have access to the signal control at Pioneer and E. Main; 2) During last season OSF did place the lights on flash at 7:00 PM to accommodate the Green shows; 3) For this season, the signal flash start up was set back to 8:00 PM to coincide with the Pioneer Street closure. As a test, OSF will not be closing Pioneer Street NOR placing the signal or flash for the next week or so. They will monitor the noise levels to see if the street closure is necessary for future. With the signal reactivated pedestrian crossings will be better accommodated at that intersection. Mr. Knapp will call to let us know their decision regarding Pioneer Street and the signal. Discussion: Olson reported that OSF had some good results from their test. They may keep up the policy of not using the flashing light and just barricade Pioneer. Commissioners had strong feelings about OSF being in control of the light. They would like for the Police Department to be involved in a policy decision like this. Laws commented that it was obvious that we will need to communicate with the OSF and Police Department. Decision: Staff will contact Police and OSF to research the control of the light at the intersection. S. TRAFFIC CONCERN IN THE ALLEY BETWEEN HELMAN &VAN NESS STREETS On June 16, 1999, Ms. Eva Cooley, 482-2983, delivered a letter to the Engineering Office expressing her opposition to Planning Action 99-062. This application, submitted by Dave Greene for construction of three duplex apartments on Van Ness Avenue. The G:Dawn\Traf\Minutes\Uune 99.doc development will be accessed only from the east-west running alley located between Laurel and Heiman Streets. Ms. Cooley is concerned that the additional traffic on the alley will be detrimental to the neighborhood and will create an unsafe condition for pedestrians and motorists alike. Planning Action No. 99-062 is a request for site review for the construction of six apartment units (three duplexes), located on Van Ness Avenue between Heiman and Laurel Streets. The Planning Department approved the preliminary plans for this request on May 19, 1999 and was reviewed by the Planning Commission Hearings Board on June 8, 1999. By citizen action this action has been called up for a public hearing. There has been a great deal of local concern expressed regarding the creation of additional traffic on the alley. This same alley was the subject of a Traffic Safety Commission review some months ago. The concern at that time was of speeding traffic, increasing volumes of traffic and parking encroachments. Ms. Cooley would like the Traffic Safety Commission's consideration of the application and a possible recommendation to the Planning Staff. Discussion: Commissioner Laws addressed the audience on the position of the Traffic Safety Commission in regards to the obligations and responsibilities of the Commission. This item is a planning action and should be brought before the Planning Department. Laws is reluctant to advise on this situation. The traditional role of the Traffic Safety Commission is to address existing traffic safety concerns. To review and advise the Planning Department on potential problems is not one of our responsibilities, it is Planning's. The issue of traffic safety can be addressed before it becomes an issue at a planning review hearing. That would be the proper forum for this issue. The precedent for this procedure has been established to discourage an overlap of authority and responsibility. If the Commission were to accept the responsibility of reviewing all Planning actions it will slow the process for approval, add one more hurdle for citizens and add more work for the Traffic Safety Commission to address. Laws is very hesitant and opposed to addressing this question, this should be handled by the staff in the Planning Department. Olson agrees with Laws that the neighborhood should be addressing this concern through the Planning Department. Laws agreed to let the audience address the Commission, but once the citizens to know that the Commission will only be able to act on the traffic safety concerns. Some of these concerns were brought before the Commission a few months ago. Eva Cooley, a resident of the alley for the past ten years addressed the Commission on various concerns within the alley. Cooley has been active in the neighborhood group which has formed to help identify improvements which could be implemented to relieve the safety issues around the alleys. These concerns have been increased by the approval of the six unit duplex that will access the alley for ingress and egress. The addition of more vehicles in the alley has heightened the concern for neighbors, especially families with small children. They have addressed the issues with the Planning Department and feel their concerns have fallen on deaf ears. Cooley feels that the Planning Commission is not concerned. To her it seems prudent for the advisory committee to have a say in the safety concerns. Cooley then presented the Commission with overhead slides depicting the alley's G:Dawn\Traf\Minutes\1une 99.doc visibility concerns and general condition of the intersections in the alley. Vegetation, intersection angles, and the width of the alley all seem to be concerns the neighbors. Many pictures depicting these problems were shown to the Commission. Many pictures showed the vegetation overgrowth and the fencing along the alley edges as being intrusive on the vehicular right of way. The alley is used most frequently by pedestrians and the families in the area. The children use the alley after getting off the buses to make their ways home or even to get to the skateboard park. Snell commented that we had added crosswalks on Central to account for the children crossing. Cathy Richey, 196 Central asked why the crosswalk across Laurel Street. She also asked why speed signs posting 20 MPH had not been added to the streets. Olson answered that the signs saying "Speeding Fines Double in School Zones" had been ordered and received, but the City had not installed them because they were hoping for permission from the School District and even for some reimbursement for the cost of the signs and labor. The School District did not, at the time, want the signs installed. Richey asked if the crosswalk across Laurel Street could be painted. Olson informed the Commission that the absence of a handicap access ramp on the curbs prevented the crosswalk installation. Laws asked how many signs we had at our disposal. Olson said there was 15 signs ready for installation. Commission questioned if the Planning Department had been questioned about the citizen concerns. Mark Knox, Planning Department, was quoted as saying that"the Planning Department not see a conflict in this proposal and based on the approval from five years ago and current assessment of the area unimportant." Laws reiterated that the vision clearance problem could be dealt with and we will need to reevaluate the alley for other concerns. Morrison voiced that he was concerned by the reports by citizens on the actions of the Planning Department. If the Planners feel the forty additional trips per day will not increase congestion in the alley, then maybe the Traffic Safety Commission should play a role. He asked when it becomes our business to get involved in questions like this. If they do feel that the forty additional travelers in this back alley is not going to affect the congestion of the alley then maybe the Commission should confront them. He questioned where and when is it our business to get concerned with questions like this? Morrison would like some reassurance that a policy for checking the safety issues is being implemented during Planning reviews. Laws suggested inviting someone from Planning to discuss this topic with us. Sidney Bowland added a final plea to the Commission for help with this alley. The speed limit of 15 MPH is too fast. There are far too many children present in the alley to have enough warning to stop if one were to step out from one of the blind areas. The egress and ingress of these new duplexes should be secondary onto the alley and not the primary entrance. The request to only pave one leg of alley will do no good in the long run. Bowland asked for the Commission to proactive to these requests. Laws said that the Commission will observe how the Planning Department handles this safety issue. Commission and staff will look into ways of making the alley safer. Vision clearance issues can be easily looked into quickly. Laws suggested meeting with a School District representative to discuss the other signs. G:Dawn\Traf\Minutes\1une 99.doc Rob Hershbeck, 147 Van Ness, wanted to point out that there are many natural occurring springs in the area which erode the edges of the alley during the winter months. There are times when two to three feet of standing water will be present during the rainy season. This adds to the riparian foliage that grows in the area. This water washes away the gravel and creates potholes and other dangerous road conditions. Snell asked when the meeting with the Planning Department was scheduled. Cooley has a date on July 13''. They were hoping to have some recommendation by the Traffic Safety Commission to present to the Planning Commission at this time. Laws thanked all the neighbors for coming and discussing this problem. 6. TAXI CERTIFICATION Mr. Steve Hulting, of Cascade Airport Shuttle Inc., is the latest of a long list of taxicab operators to apply for a certificate to operate within the Ashland City limits. However, as AMC Section 6.28.030 currently limits the number of certificates to only three (based on a ratio of one certificate per 5,000 population). No taxicab service other than Yellow Cab, can operate in the City. No certificates can be issued without a revision of the existing code. At the July 6, 1999 City Council Meeting, City Administrator Freeman will request that Council direct staff to amend the existing City Code to allow for additional certificates to be issued under our current population. Would the Traffic Safety Commission make a recommendation for an acceptable number of certificates? Please consider the following questions: 1. Is a population base the most equitable method of limiting taxicab certificates? 2. How are other cities dealing with taxicab operations? 3. Are current rates equitable? (See attached ORD 2735) 4. Are other changes in Section 6.28 needed? Discussion: Lambe suggested doubling the amount. The rumors he has heard from taxi patrons is that they take excruciating long amounts of time to arrive. Morrison asked if we have surveyed other cities for their policy. Olson has not looked at other cities. Laws commented that we have found it hard to compete in a small area because there is less service. That is the reason we have made this a monopoly. He does not agree that this is our responsibility to make this decision. Morrison referred to the ordinance which states that a need must be demonstrated to show that the service is warranted. How do we demonstrate this? Olson commented that about twice a year he is given a request for another permit for taxi service which he has to refuse because of the ordinance. Morrison pointed out that we are losing parts of our bus service, we have a strong base of tourist and the fact that we get two requests, then there must be a need for the service. Laws commented that the competition would be good, it would give citizens a choice between carriers. It could help with the complaints if there was G:0awn\Traf\Minutes\1une 99.doc competition. Commissioners all agreed that they would like to see more available service for Ashland. Decision: Staff will investigate other cities and their policies. Laws would like to have the City Council address the complaints and concerns. 3. OAK STREET TRAFFIC CALMING FINAL REVIEW Attached are preliminary plans for the construction of sidewalks and traffic calming facilities on Oak Street from Hersey Street to Nevada Street. Discussion: ODOT has sent a review of the plans and there were some small changes. The project will be out to bid the first week of July. A. FOLLOW UP ON PREVIOUS TRAFFIC ITEMS: B. HANDICAP ACCESS ISSUES: Can we address this group for funding for the ramp on Central / Laurel? Olson thought that money from the street fund might be able to be used for this project. C. TRAFFIC SAFETY EDUCATION COMMITTEE: -School Safety Program: None -SOU Traffic Safety Committee: None D. EDUCATIONAL OPPORTUNITIES "School Zone Planning, Design and Control"at OSU, August 12, 1999 "Oregon Transportation Safety Conference"at Windmill Inn, Ashland, October 20- 22, 1999 Olson asked if Commissioners would be willing to volunteer their time at the conference. E. GOAL SETTING Laws suggested we look at each of the school neighborhood areas for doing an interface and we could use the mini grant funds for this project. Laws and Morrison will form a plan for this and work with Olson. Laws suggested that we meet at the schools every fourth meeting. This could be confusing for people attending our meetings. F. OTHER -Participation in the Oregon Transportation Safety Conference — Olson has included a list of exhibit items for the conference to visit during the conference. Olson asked if Commissioners had any areas they thought would be interesting. Savko suggested the new diamond grade signs used on Granite Street. Lambe asked if he could help participate with the conference proper. Morrison asked it the City will pay for out of our budget. -Community Small Projects Mini Grant Program -Utility Billing Insert for July -Safety Chicken Participation in the Fourth of July Parade IV. INFORMATIONAL ITEMS A. ODOT Transcript B. Traffic Safety Notes C. Child Safety Seat News G:Dawn\Traf\MinutesUune 99.doc D. Council Goals and Strategic Planning Process V. NEW/ ADDITIONAL ITEMS - NONE V. ADJOURN Meeting was adjourned at 8:58 PM. G:Dawn\Traf\MinutesVune 99.doc (atck Here : i oregonlaw @go.com: Compose I send reset attach file spell check save draft address book help � 'S"`' ► t0: barbara @ashland.or.us barbarac@ K subject: Recusal, Lease, Tonight's Meeting cc: bcc• attach: Barbara: Please minute the following statement, which I shall be obliged to make tonight, at the beginning of Council consideration of the proposed airport hanger lease: )S "in my law practice I represent two of the tenants in this draft lease, Tara Labs, Inc., and Bergs & Bond Properties. Although I have not represented either of them in relation to this after, I am obliged nonetheless not to participate in Council consideration of this lease. Therefore I will leave the Council Chamber until this agenda item is decided." Thanks, David send reset attach file spell check save draft address book help V 0 0 City Council Communication City Recorder's Office September 7, 1999 Submitted.by: Barbara Christensen Approved by: Mike Freeman Title: Liquor License Application from Sharon Hull dba/The Boudashery LTD Synopsis: Approval of Oregon Liquor License as provided by OLCC. Recommendation: The City Recorder recommends approval for liquor license and has determined that the applicant has complied with the city's land use requirements, has obtained a business license, and registered as a restaurant, if applicable. Background Information: Liquor License since September 1998; application reflects change in business location only. Prior location was 72 N. Pioneer, new location is 161 E. Main. Council Communication Public Works Department Airport Hangar Land Lease Agreements /� September 7, 1999 Submitted by: Paula Brown IM" Reviewed by: Paul Nolte Approved by: Mike Freeman Yr� Title: Sign Two Final Airport Hangar Land Lease Agreements with 1) Tara Labs—Bergs & Bond Properties, and 2) Givens & Company Accounting Firm Synopsis: The attached leases apply to two hangars constructed over the past year. The hangars are occupied and require signed land leases to fully execute approvals of their use. Recommendation: It is recommended that Council motion to approve the land leases for 1) Tara Labs—Bergs & Bond Properties, and 2) Givens & Company Accounting Firm, and authorize the Mayor and Recorder to execute these leases. Background Information: Tara Labs—Bergs& Bond Properties and Givens & Company Accounting Firm have negotiated with the City of Ashland and the Airport Commission for the construction of individual hangars with land leases. Both land leases are term leases due to expire 25 years after their Certificate of Occupancy. Construction of both hangars was completed by November 1998, and Certificates of Occupancy acquired at that time. Fully executed leases are required so that the City can collect rental costs. G:Paula\Council\Airport Leases CC.doc CITY OF ASHLAND GROUND LEASE AGREEMENT for HANGAR CONSTRUCTED BY LESSEE ASHLAND MUNICIPAL AIRPORT Ground lease agreement made this day of i v� 1999, by the CITY OF ASHLAND (City) by and through its Airport Commission (Commission) and Given & Company, An Accountancy Corporation (Lessee). Recitals: A. City is the owner and operator of Sumner-Parker Airport situated in the City of Ashland, Oregon, called "Airport", with power to grant right and privileges with respect to its use. B. Lessee is the owner of an aircraft based at the Airport and wishes to construct a hangar for storage of the aircraft. C. City is willing to lease to Lessee a portion of the Airport premises together with such rights and privileges as are set forth in this lease. Lessor and Lessee agree: 1. Description of leased premises. City leases to Lessee a part of the Airport described in Exhibit "A" ("the premises"). . 2. Lease Fees. An initial monthly rental of$20 is established and shall be paid semi- annually in advance for the succeeding six months beginning with the commencement date specified in paragraph 3. 2.1. Annual rent increase. The monthly rent shall increase annually, but not decrease, by multiplying the rent by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendar year, and the denominator of which is the Base CPI Index Figure. To illustrate the Oreceding sentence, the monthly rent for the year beginning one year from the date of this agreement shall be equal to the product determined by multiplying $20 (the rent specified in paragraph 2), by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January 1995, and the denominator of which is the Base CPI Index Figure. 2.1.1. As used in this paragraph, "Index" shall refer to the following index published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI--AII Items ("standard reference base period" 1982-84 = 100). "Base CPI Index Figure" shall refer to the Index number indicated for the month of January 1995, and the "CPI Index PAGE 1-HANGAR GROUND LEASE (p:afrpord9mundjs.)(J.nuary 23. 1995) Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee). If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U.S. Department of Labor) to account for that difference. 2.2. Lease fees will become past due the 11 th day of the calendar month and the City will charge interest of 1.5% per month on past due lease fees. 2.3. All sums resulting from the computation of monthly lease fee shall be rounded to the nearest whole dollar in favor of Lessor. 3. Term. The term of this lease is 25 years, commencing upon the issuance of a certificate of occupancy by the City of Ashland or 120 days from the date of this lease, whichever occurs first. At the end of this term, Lessee shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. 4. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Lessee. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this lease. 4.1. Lessee shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this lease, "flammable or explosive liquids or solids" shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 4.2. Lessee shall be required to construct a ramp in accordance with specifications to be approved in writing by the City to provide ingress and egress to the hangar. 5. Grant of Right. Lessee is granted the right to operate its aircraft and to use the Airport, together with all facilities, equipment, improvements, and services which have been or may be provided at the Airport including the landing field and any extensions or additions, roadways, runways, aprons, taxiways, floodlights, landing lights, beacons, signals, radio aides, and all other conveniences for flying, landings, and take-offs. PAGE 2-HANGAR GROUND LEASE (P:alrportkgroand.Ise)(January23. +e95( 6. Right of Ingress and Egress. Lessee and escorted visitors or customers shall have the right of ingress and egress to and from the premises described in Exhibit "A"Lessee shall take reasonable care to assure that Lessee does not interfere with City's operation of the Airport for the benefit of the public and of all aircraft using the Airport. 7. Rights and Privileges Reserved to the City Include: 7.1. The right to develop or improve the landing area of the airport without interference or hindrance of the Lessee. 7.2. The right, but not the obligation, to maintain and keep in repair the landing area of the Airport, together with the right to direct and control all activities of Lessee. 7.3. The right to take any action considered necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft. 7.4. The right to temporarily close or to restrict the use of the Airport or any of the facilities for maintenance, improvement, or for the safety of the public. 8. Compliance with laws. Lessee shall comply with 8.1. The "Minimum Standards at Ashland Municipal Airport,bnd, Oregon"ime to adopted by the City Council on January 4, 1990 and as may be amended time. 8.2. All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the Lessor, and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 9. Lessee compliance with environmental laws. 9.1. Definition of"hazardous material". As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. PAGE 3-HANGAR GROUND LEASE cp:af(p0m9r0una.tse)(January 27. 1995) 9.2. Lessee's compliance with laws and permits. Lessee shall cause the leased property and all operations conducted on the leased property (including operations by any subtenants) to comply with all environmental laws. 9.3. Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the leased property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Lessee's activities as contemplated under this lease. 9.4. City's Rights. City shall have the right to conduct reasonable inspections and investigations of the leased property and the operations conducted on the leased property at any time and from time to time, and Lessee shall cooperate fully with City during such inspections and investigations. 9.5. Indemnification. Lessee agrees to defend (with counsel approved by City), fully indemnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the leased property, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the leased property, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 10. Construction of Improvements. Lessee shall erect a hangar on the premises in accordance with this paragraph. 10.1. The hangar shall be erected wholly within the boundary lines of the premises. Lessee shall submit plans and specifications for the hangar to the Commission and the city building official, for review and approval of the Commission and the building official, within 30 days after the date of execution of this lease. Following approval of Lessee's plans and specifications by the Commission and the building official, Lessee shall expeditiously apply for all necessary permits and make continued and substantial progress towards permit issuance. Lessee shall commence construction in accordance with plans and specifications approved by the Commission within 60 days following approval by City of Lessee's plans and specifications. If required permits are not issued by the appropriate authority within 90 days of approval of plans and specifications by the Commission, City may, upon 30 days written notice to Lessee, terminate this Lease and Lessee shall have no further liability to City under this lease. PAGE 4-HANGAR GROUND LEASE (7:alrpodground.segianoary 27. 1995) 10.2. Prior to commencement of the construction of the hangar and before any building materials have been delivered to the premises, Lessee shall comply with each of the following conditions: 10.2.1. Submit to the Commission one set of preliminary construction plans and specifications prepared by an architect or engineer licensed in the State of Oregon which are sufficient to enable Commission to make an informed judgment about the design and quality of the construction. Lessee shall not commence construction until all required permits have been obtained and the Commission has approved of the preliminary construction plans and specifications, including the color of the hangar. Commission shall not unreasonably disapprove such plans and specifications. Approval or disapproval shall be communicated to Lessee within 30 days after receipt of complete plans and specifications by Commission. Any disapproval shall be accompanied by a statement of the reasons for such disapproval. Following any disapproval, Lessee may elect either to revise the plans and specifications and resubmit them to the Commission pursuant to this paragraph or terminate this Lease upon 30 days written notice to City. 10.2.2. Deliver to City such other proofs and copies as City shall = reasonably request, including, without limitation, proof that workers' compensation insurance has been procured to cover all persons employed in connection with the construction, proof of issuance of all building and other permits required for the construction and proof that all systems development charges of the City have been paid. 10.2.3. Once construction has begun Lessee shall prosecute it to completion with diligence. All work shall be performed ble a goodnmental permits, workmanlike manner and shall comply with all app 9 P laws, ordinances and regulations. Lessee shall pay or cause to be paid the total cost of the construction. Construction work shall conform in all significant respects with the approved preliminary plans and specifications and the working drawings approved by the Commission except as otherwise authorized by the Commission. 10.2.4. This paragraph shall not be construed to authorize Lessee to do any act or make any contract so as to encumber in any manner the title of City to the property or to create any claim or lien on or against the interest of City in construction of the improvements. It is expressly agreed that all the expenses of the construction of the improvements shall be promptly paid by Lessee as required by the terms of any contract therefor. 10.3. Lessee shall also construct to standards established by the Commission adequate drainage on the premises, an asphalt taxiway to the hangar and a paved parking stall to the hangar for one automobile. PAGE 5-HANGAR GROUND LEASE (p alrporegro,nd lse)(January 23, 1995) 10.4. Lessee may, but is not required to, provide electricity to the premises and within the hangar and may rough-in plumbing. No septic or holding tanks shall be permitted on the premises. 10.5. Lessee shall, if required by the Uniform Fire Code, 1991 Edition, as adopted by Ashland Municipal Code Chapter 15, install an automatic fire sprinkler system for the hangar. Such system shall be constructed to the standards of the National Fire Protection Association, NFPA-13. Plans and specifications for any required system shall be submitted to the City Fire Marshal for review and approval. 11. Title to Improvements. Upon completion of construction and issuance of a certificate of occupancy, the improvements described in paragraph 10 including any further improvements to the premises approved by the Commission, shall become property of City, free and clear of all claims of Lessee, any one claiming under Lessee or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. 12. Maintenance. Lessee shall keep and maintain the leased premises and all improvements in good and substantial repair and condition, including the exterior condition. Lessee shall make all necessary repairs and alterations and shall maintain the leased premises and all improvements in compliance with all applicable building and zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage and shall keep the leased premises free and clear of weeds, rubbish, debris, and litter at all times. City shall at all times during ordinary business hours have the right to enter upon and inspect such premises. 13. Utilities. Lessee shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the leased premises at Lessee's order or consent. 14. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Lessee which may be secured by lien against the premises. Lessee shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 15. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this lease, at Lessee's sole expense, the following insurance: 15.1. Comprehensive insurance. Owner's, landlord and tenant or premises insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of $500,000, combined single limit coverage. Such limit PAGE 6-HANGAR GROUND LEASE (p:afrpoMground Ise)(January 23. 1995) shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not totally applicable to a city. 15.1.1 . Additional insureds. All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 15.1.2. Primary insurance. The insurance shall be considered primary to any other insurance or self-insurance of the City. 15.1.3. Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this lease, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. In the event Lessee shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 15.2. Property Insurance. Lessee shall keep the premises insured at Lessee's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage. Lessee shall bear the expense of any insurance insuring the property of Lessee on the premises against such risks but shall not be required to insure. 15.2.1. Additional insureds. All policies shall include the City as an additional insured. 15.2.2. Waiver of Subrogation: Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. 16. Indemnification. Lessee shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Lessee, by reason of death or injury to persons or loss or damage to property that allegedly results from Lessee's PAGE 7-HANGAR GROUND LEASE (palrpor9ground.Ise((January23. 1995) operations, or anything done or permitted by Lessee under this lease, except for the extent attributed to acts or omissions of City of its officers, agents or employees. 17. Damage or Destruction of Premises. If the leased premises or any improvements are damaged or destroyed by fire or other casualty, Lessee shall: 17.1. Promptly repair, rebuilt or restore the property damaged or destroyed to substantially the same condition consistent with the applicable building codes; and 17.2. Apply for any net proceeds of insurance resulting from claims for such losses, as well as any additional money of Lessee necessary. If the damage or destruction which occurs is such that the cost of repair, rebuilding or restoration of the property damaged or destroyed exceeds 50% of the fair market value of the improvements, Lessee shall have the option within 60 days from the date of damage or destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in accordance with paragraph 17.1 or to terminate this lease. Upon giving such notice to terminate, this lease shall terminate on the date specified in the notice and City shall be entitled to the net proceeds of insurance. 18. Events of Default. The following shall be events of default: 18.1. Default tint: Failure of Lessee to pay any rent or other charge within ten days after it is due. 18.2. Default in Other Covenants: Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Lessee begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. 18.3. Insolvencv: Insolvency of Lessee and assignment by Lessee for the benefit of creditors; the filing by Lessee of a voluntary petition in banktuptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of the Lessee to secure discharge of the attachment or release of the levy of execution within ten days. 19. Remedies on Default. In the event of a default, the City at its option may terminate the lease by notice in writing by certified or registered mail to Lessee. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Lessee in connection with a default, termination shall be automatic and without notice. PAGE 8-HANGAR GROUND LEASE (p alrpamground.lse)(January 23, 1995) 19.1. Damages: In the event of termination of default. City shall be entitled to recover immediately the following amounts as damages: 19,1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned by Lessee's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 19.1.2. The loss of reasonable lease fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 19.2. Re-entry After Termination: If the lease is terminated for any reason, Lessee's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: 19.2.1. Lessee shall vacate the property immediately, and within 60 days remove any property of Lessee including any fixtures which Lessee is required to remove at the end of the lease term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. 1922. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 19.3. Reletting: Following re-entry or abandonment, City may relet the premises and in that connection may: 19.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the lease) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 19.3.2. Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some lease fee-free occupancy or other lease fee concession. 20. Termination. Upon termination of the lease by the passage of time or otherwise, Lessee shall surrender the leased premises in good condition. The Lessee's obligations under this paragraph shall be subordinate to the provisions of paragraph 11 PAGE 9-HANGAR GROUND LEASE cp:a,pon�ymene.ise)(January23. +995) related to improvements as required and the City shall have the remedies described in paragraph 19. 21. Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease or any interest, nor license or permit the use of the rights granted except as provided in this paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its assets, without prior written approval of the City. Written approval of the City shall not be unreasonably withheld. 21.1. Right of first refusal. City shall have the following described right of first refusal with respect to the interest of Lessee under this lease: 21.1.1. Lessee shall not sell, sublease, assignor transfer to anyone other than City, unless Lessee shall have first communicated to City, by written notice, a written offer to sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in commercially reasonable detail, the price, terms and conditions upon which Lessee is willing to sell, sublease, assign or transfer this lease or any interest. 21.1.2 City shall have a period of 30 days, following the notice, within which to accept the offer by giving Lessee written notice of acceptance. If the offer is accepted, the parties shall be obligated to close the sale, sublease, assignment or transfer in accordance with the terms of Lessee's offer. Closing shall occur within 60 days following acceptance or within such longer closing period as may be specified in the offer. 21.1.3 If City does not accept the offer, Lessee may sell, su that such assign or transfer the lease or any interest to any other party, provided a sale must be consummated within 60 days following the earlier of the expiration of the 30 day acceptance period specified in 21.1.2 for the offer or the date of any written rejection of the offer by City, and for and upon the same price, terms and conditions as those specified in the offer. 21.1.4. City's rights under this paragraph shall apply to any subsequent or contemporaneous offer made to Lessee or Lessee's successor or successors in interest. 21.2 Option to Purchase Lessee's Interest. In addition to the right of first refusal described in paragraph 21.1. City shall have the exclusive right and option to purchase all of Lessee's rights under this lease upon the following terms and conditions: 21.2.1 If City exercises this option, the purchase price during the initial year of this lease for Lessee's rights under this lease shall be $20,000 or the actual reasonable construction cost of the hangar, whichever is greater. The PAGE 10-HANGAR GROUND LEASE (palrpomground.ise)(January27. 1995) purchase price during each subsequent year shall be the purchase price determined in the immediately preceding sentence less 1/25th of such purchase price for each full year the lease has been in effect. 21.2.2 This option shall be exercised by written notice given by City to Lessee at any time, which notice shall specify that City has elected to exercise this option. 21.2.3 Closing shall occur as soon as possible following exercise of this option by City and, in any event, not later than the 35th day following the date of exercise of this option. 21.2.4 At closing, Lessee shall deliver to City a duly executed and acknowledged statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee or caused, permitted or suffered to attach through Lessee. 21.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase price. 21.2.6. City's rights under this paragraph shall apply to any successor of Lessee and shall apply whether or not City exercises its rights under paragraph 21.1. City may not exercise its rights under this paragraph while the Lessee who signed this lease is in possession and has not sold, subleased, assigned or transferred its interest in the lease. For the purposes of this subparagraph, a devise under a will to a son or daughter of the Lessee shall not be considered a sale, sublease, assignment or transfer. 21.3. Subleases without consent. Lessee may sublease a portion of the premises for the purpose of placing a second aircraft within the hangar without consent of City provided that: 21.3.1. Lessee gives notice to City prior to the placing of the aircraft in the hangar that such sublease has occurred, and 21.3.2. Lessee pays to City 20% of all sums received by Lessee for the sublease. Such payment shall be made to City within 30 days of Lessee's receipt of the sum by Lessee. 22. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. PAGE 11-HANGAR GROUND LEASE (P:alrp.-Nl.und.ise)(Uanuary27. 1995) 23. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 24. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: LESSEE: City of Ashland 20 E. Main Street Ashland, OR 97520 Attn: City Administrator LESS ) �=6�--- CITY OF ASHLAND BY i� BY Tit[ ..., ' Mayor BY Y ATTEST: Title City Recorder = State of Oregon County of Jackson This instrument was acknowledged before me on 1999, by Notary Public for Oregon My commission expires: State of Oregon County of Jackson This instrument was acknowledged before me on 1999, by as of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: PAGE 12-HANGAR GROUND LEASE (o:1ha1rn9.0 a.1ee)(jan.1ry 33.1995) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NG State of CC, SAC;\ to County of 1_oS 9olr°-) On " IlLh '�n Ig4J9 before me, 2rrt�tg . l nC)-Cvti7ub/I0 DATE NAME.TITLEOFO :ICERE.G.�'JANE OCE.NOT V PUBLIC* personally appeared�Rnul,? f 6 \\jev1 NAME(S)CF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their PATRICIA X 10"T signature(s) on the instrument the person(s), c."A an•11,6610 %Wy P„6.,_c.UN" _ or the entity upon behalf of which the � person(s) acted, executed the instrument. WI my hand and official seal. iURE OF NOTA4Y OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL C',LL c-( ��h10.✓�{ — Gt u�t �J /2a3Z CORPORATE OFFICER bAj r�Y)e aesver�eeY-1+A�sh-(�a anyfanraC csn*Sl-ArrAA- r?�ki Lk-t P c� TITLE OR TYPE bF DOCUMENT TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: (0 DATE dF DO(JUMENT SIGNER IS REPRESENTING: N / NAME OF PERSCN(S)OR ENTUY(IES) Pr SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammei Ave.,P.O. BOK 7184•Canoga Park,CA 91309-7184 CITY OF ASHLAND GROUND LEASE AGREEMENT for HANGAR CONSTRUCTED BY LESSEE ASHLAND MUNICIPAL AIRPORT Ground lease agreement made this 60W day of JyOs 1999, by the CITY OF ASHLAND (City) by and through its Airport Commission (Commission) and TAaA LAGS � T Be 5 -eouv a4Zopaz:nt'S (Lessee). Recitals: A. City is the owner and operator of Sumner-Parker Airport situated in the City of Ashland, Oregon, called "Airport", with power to grant right and privileges with respect to its use.. B. Lessee is the owner of an aircraft based at the Airport and wishes to construct a hangar for storage of the aircraft. C. City is willing to lease to Lessee a portion of the Airport premises together with such rights and privileges as are set forth in this lease. Lessor and Lessee agree: 1. Description of leased premises. City leases to Lessee a part of the Airport described in Exhibit "A" ("the premises"). 2. Lease Fees. An initial monthly rental of$20 is established and shall be paid semi- annually in advance for the succeeding six months beginning with the commencement date specified in paragraph 3. 2.1. Annual rent increase. The monthly rent shall increase annually, but not decrease, by multiplying the rent by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendac.year, and the denominator of which is the Base CPI Index Figure. To illustrate the preceding sentence, the monthly rent for the year beginning one year from the date of this agreement shall be equal to the product determined by multiplying $20 (the rent specified in paragraph 2), by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January 1995, and the denominator of which is the Base CPI Index Figure. 2.1.1. As used in this paragraph, 'Index" shall refer to the following index published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI--All Items ("standard reference base period" 1982-84 = 100). 'Base CPI Index Figure" shall refer to the Index number indicated for the month of January 1995, and the "CPI Index PAGE 1-HANGAR GROUND LEASE (p:alrp rtg.u"d.ise)(Ja"uary27. +995) Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee). If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U.S. Department of Labor) to account for that difference. 2.2. Lease fees will become past due the 11th day of the calendar month and the City will charge interest of 1.5% per month on past due lease fees. 2.3. All sums resulting from the computation of monthly lease fee shall be rounded to the nearest whole dollar in favor of Lessor. 3. Term. The term of this lease is 25 years, commencing upon the issuance of a certificate of occupancy by the City of Ashland or 120 days from the date of this lease, whichever occurs first. At the end of this term, Lessee shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. 4. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Lessee. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this lease. 4.1. Lessee shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this lease, "flammable or explosive liquids or solids" shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 4.2. Lessee shall be required to construct a ramp in accordance with specifications to be approved in writing by the City to provide ingress and egress to the hangar. 5. Grant of Right. Lessee is granted the right to operate its aircraft and to use the Airport, together with all facilities, equipment, improvements, and services which have been or may be provided at the Airport including the landing field and any extensions or additions, roadways, runways, aprons, taxiways, floodlights, landing lights, beacons, signals, radio aides, and all other conveniences for flying, landings, and take-offs. PAGE 2-HANGAR GROUND LEASE (o alrpor0ground.1se)(lanuary=3. X995) 6. Right of Ingress and Egress. Lessee and escorted visitors or customers shall have the right of ingress and egress to and from the premises described in Exhibit "A"Lessee shall take reasonable care to assure that Lessee does not interfere with City's operation of the Airport for the benefit of the public and of all aircraft using the Airport. 7. Rights and Privileges Reserved to the City Include: 7.1. The right to develop or improve the landing area of the airport without interference or hindrance of the Lessee. 7.2. The right, but not the obligation, to maintain and keep in repair the landing area of the Airport, together with the right to direct and control all activities of Lessee. 7.3. The right to take any action considered necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft. 7.4. The right to temporarily close or to restrict the use of the Airport or any of the facilities for maintenance, improvement, or for the safety of the public. _ 8. Compliance with laws. Lessee shall comply with 8.1. The "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon" adopted by the City Council on January 4, 1990 and as may be amended from time to time. 8.2. All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the Lessor, and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 9. Lessee compliance with environmental laws. 9.1. Definition of"hazardous material". As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. PAGE 3-HANGAR GROUND LEASE (p:airpomground.ise)(January23. 1995) 9.2. Lessee's compliance with laws and permits. Lessee shall cause the leased property and all operations conducted on the leased property (including operations by any subtenants) to comply with all environmental laws. 9.3. Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the leased property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Lessee's activities as contemplated under this lease. 9.4. City's Rights. City shall have the right to conduct reasonable inspections and investigations of the leased property and the operations conducted on the leased property at any time and from time to time, and Lessee shall cooperate fully with City during such inspections and investigations. 9.5. Indemnification. Lessee agrees to defend (with counsel approved by City), fully indemnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the leased property, damages for the loss rreestriction property, on the use of rentable or usable space or of any amenity of the leased damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 10. Construction of Improvements. Lessee shall erect a hangar on the premises in accordance with this paragraph. 10.1. The hangar shall be erected wholly within the boundary lines of the premises. Lessee shall submit plans and specifications for the hangar to of Commission Commission and the city building official, for review and approval o and the building official, within 30 days after the date of execution of this lease. Following approval of Lessee's plans and specifications by the Commission and the building official, Lessee shall expeditiously apply for all necessary permits and make continued and substantial progress towards permit issuance. Lessee shall commence construction in accordance with plans and specifications approved by the Commission within 60 days following approval by City of Lessee's plans and specifications. If required permits are not issued by the appropriate authority within 90 days of approval of plans and specifications by the Commission, City may, upon 30 days written notice to Lessee, terminate this Lease and Lessee shall have no further liability to City under this lease. PAGE 4-HANGAR GROUND LEASE (p auport\ground.ise)(January 23, 1995) I 10.2. Prior to commencement of the construction of the hangar and before any building materials have been delivered to the premises, Lessee shall comply with each of the following conditions: 10.2.1. Submit to the Commission one set of preliminary construction plans and specifications prepared by an architect or engineer licensed in the State of Oregon which are sufficient to enable Commission to make an informed judgment about the design and quality of the construction. Lessee shall not commence construction until all required permits have been obtained and the Commission has approved of the preliminary construction plans and specifications, including the color of the hangar. Commission shall not unreasonably disapprove such plans and specifications. Approval or disapproval shall be communicated to Lessee within 30 days after receipt of complete plans and specifications by Commission. Any disapproval shall be accompanied by a statement of the reasons for such disapproval. Following any disapproval, Lessee may elect either to revise the plans and specifications and resubmit them to the Commission pursuant to this paragraph or terminate this Lease upon 30 days written notice to City. 10.2.2. Deliver to City such other proofs and copies as City shall reasonably request, including, without limitation, proof that workers' compensation insurance has been procured to cover all persons employed in connection with the construction, proof of issuance of all building and other permits required for the construction and proof that all systems development charges of the City have been paid. 10.2.3. Once construction has begun Lessee shall prosecute it to completion with diligence. All work shall be performed in a good and workmanlike manner and shall comply with all applicable governmental permits, laws, ordinances and regulations. Lessee shall pay or cause to be paid the total cost of the construction. Construction work shall conform in all significant respects with the approved preliminary plans and specifications and the working drawings approved by the Commission except as otherwise authorized by the Commission. '. 10.2.4. This paragraph shall not be construed to authorize Lessee to do any act or make any contract so as to encumber in any manner the title of City to the property or to create any claim or lien on or against the interest of City in construction of the improvements. It is expressly agreed that all the expenses of the construction of the improvements shall be promptly paid by Lessee as required by the terms of any contract therefor. 10.3. Lessee shall also construct to standards established by the Commission adequate drainage on the premises, an asphalt taxiway to the hangar and a paved parking stall to the hangar for one automobile. PAGE 5-HANGAR GROUND LEASE (p:af poayroana.1,e�(Jannary 23, 1995) 10.4. Lessee may, but is not required to, provide electricity to the premises and within the hangar and may rough-in plumbing. No septic or holding tanks shall be permitted on the premises. 10.5. Lessee shall, if required by the Uniform Fire Code, 1991 Edition, as adopted by Ashland Municipal Code Chapter 15, install an automatic fire sprinkler system for the hangar. Such system shall be constructed to the standards of the National Fire Protection Association, NFPA-13. Plans and specifications for any required system shall be submitted to the City Fire Marshal for review and approval. 11. Title to Improvements. Upon completion of construction and issuance of a certificate of occupancy, the improvements described in paragraph 10 including any further improvements to the premises approved by the Commission,one claims shall become Lessee property of City, free and clear of all claims of Lessee, any 9 or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. 12. Maintenance. Lessee shall keep and maintain the leased premises and all improvements in good and substantial repair and condition, including the exterior = condition. Lessee shall make all necessary repairs and alterations and shall maintain the leased premises and all improvements in compliance with all applicable building and zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage and shall keep the leased premises free and clear of weeds, rubbish, debris, and litter at all times. City shall at all times during ordinary business hours have the right to enter upon and inspect such premises. 13. Utilities. Lessee shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the leased premises at Lessee's order or consent. 14. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Lessee which may be secured by lien against the premises. Lessee shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 receipt f th year in taxes the taxes become due and payable, and will submit a copy to the City's Director of Finance. 15. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this lease, at Lessee's sole expense, the following insurance: 15.1. Comprehensive insurance. Owner's, landlord and tenant or premises insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of $500,000, combined single limit coverage. Such limit PAGE 6-HANGAR GROUND LEASE (P:aiWrt�ground ise)(January 23. 1995) shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not,totally applicable to a city. 15.1.1. Additional insureds. All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 15.1.2. Primary insurance. The insurance shall be considered primary to any other insurance or self-insurance of the City. 15.1.3. Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this lease, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. In the event Lessee shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 15.2. Property Insurance. Lessee shall keep the premises insured at Lessee's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage. Lessee shall bear the expense of any insurance insuring the property of Lessee on the premises against such risks but shall not be required to insure. 15.2.1. Additional insureds. All policies shall include the City as an additional insured. 15.2.2. Waiver of Subrogation. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver"of subrogation. 16. Indemnification. Lessee shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Lessee, by reason of death or injury to persons or loss or damage.to property that allegedly results from Lessee's PAGE 7-HANGAR GROUND LEASE Ip:alrport\9rouna.isel(Januafy23. 1995) operations, or anything done or permitted by Lessee under this lease, except for the extent attributed to acts or omissions of City of its officers, agents or employees. 17. Damage or Destruction of Premises. If the leased premises or any improvements are damaged or destroyed by fire or other casualty, Lessee shall: 17.1. Promptly repair, rebuilt or restore the property damaged or destroyed to substantially the same condition consistent with the applicable building codes; and 17.2. Apply for any net proceeds of insurance resulting from claims for such losses, as well as any additional money of Lessee necessary. If the damage or destruction which occurs is such that the cost of repair, rebuilding or restoration of the property damaged or destroyed exceeds 50% of the fair market value of the improvements, Lessee shall have the option within 60 days from the date of damage or destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in accordance with paragraph 17.1 or to terminate this lease. Upon giving such notice to terminate, this lease shall terminate on the date specified in the notice and City shall be entitled to the net proceeds of insurance. 18. Events of Default. The following shall be events of default: 18.1. Defaul_ t i_ n Rent: Failure of Lessee to pay any rent or other charge within ten days after it is due. 18.2. Default in Other Covenants: Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the thirty (30) day period, this provision shall be complied with if Lessee begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. 18.3. Insolvency: Insolvency of Lessee and assignment by Lessee for the benefit of creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of the Lessee to secure discharge of the attachment or release of the levy of execution within ten days. 19. Remedies on Default. In the event of a default, the City at its option may terminate the lease by notice in writing by certified or registered mail to Lessee. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Lessee in connection with a default, termination shall be automatic and without notice. PAGE 8-HANGAR GROUND LEASE (p:alrpottground.1se)(January 23. 1995) 19.1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 19.1.1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned by Lessee's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 19.1.2. The loss of reasonable lease fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 19.2. Re-entry After Termination: If the lease is terminated for any reason, Lessee's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: 19.2.1. Lessee shall vacate the property immediately, and within 60 days remove any property of Lessee including any fixtures which Lessee is required to remove at the end of the lease term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. 19.2.2. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 19.3. Reletting: Following re-entry or abandonment, City may relet the premises and in that connection may: 19.3.1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the lease) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 19.3.2. Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some lease fee-free occupancy or other lease fee concession. 20. Termination. Upon termination of the lease by the passage of time or otherwise, Lessee shall surrender the leased premises in good condition. The Lessee's obligations under this paragraph shall be subordinate to the provisions of paragraph 11 PAGE 9-HANGAR GROUND LEASE (P:al1portlground.1se)(January 23. 1995) related to improvements as required and the City shall have the remedies described in paragraph 19. 21. Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease or any interest, nor license or permit the use of the rights granted except as provided in this paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its assets, without prior written approval of the City. Written approval of the City shall not be unreasonably withheld. 21.1. Right of first refusal. City shall have the following described right of first refusal with respect to the interest of Lessee under this lease: 21.1.1. Lessee shall not sell, sublease, assign or transfer to anyone other than City, unless Lessee shall have first communicated to City, by written notice, a written offer to sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in commercially reasonable detail, the price, terms and conditions-upon which Lessee is willing to sell, sublease, assign or transfer this lease or any interest. _ 21.1.2 City shall have a period of 30 days, following the notice, within which to accept the offer by giving Lessee written notice of acceptance. If the offer is accepted, the parties shall be obligated to close the sale, sublease, assignment or transfer in accordance with the terms of Lessee's offer. Closing shall occur within 60 days following acceptance or within such longer closing period as may be specified in the offer. 21.1.3 If City does not accept the offer, Lessee may sell, sublease, that such assign or transfer the lease or any interest to any other party, provided a sale must be consummated within 60 days following the earlier of the expiration of the 30 day acceptance period specified in 21.1.2 for the offer or the date of any written rejection of the offer by City, and for and upon the same price, terms and conditions as those specified in the offer. 21.1.4. City's rights under this paragraph shall apply to any subsequent or contemporaneous offer made to Lessee or Lessee's successor or successors in interest. 21.2 Option to Purchase Lessee's Interest. In addition to the right of first refusal described in paragraph 21.1, City shall have the exclusive right and option to purchase all of Lessee's rights under this lease upon the following terms and conditions: 21.2.1 If City exercises this option, the purchase price during the initial year of this lease for Lessee's rights under this lease shall be $20,000 or the actual reasonable construction cost of the hangar, whichever is greater. The PAGE 10-HANGAR GROUND LEASE (p:alrpornground.iee)(January 23 1995) purchase price during each subsequent year shall be the purchase price determined in the immediately preceding sentence less 1/25th of such purchase price for each full year the lease has been in effect. 21.2.2 This option shall be exercised by written notice given by City to Lessee at any time, which notice shall specify that City has elected to exercise this option. 21.2.3 Closing shall occur as soon as possible following exercise of this option by City and, in any event, not later than the 35th day following the date of exercise of this option. 21.2.4 At closing, Lessee shall deliver to City a duly executed and acknowledged statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee or caused, permitted or suffered to attach through Lessee. 21.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase price. 21.2.6. City's rights under this paragraph shall apply to any successor of Lessee and shall apply whether or not City exercises its rights under paragraph 21.1. City may not exercise its rights under this paragraph while the Lessee who signed this lease is in possession and has not sold, subleased, assigned or transferred its interest in the lease. For the purposes of this subparagraph, a devise under a will to a son or daughter of the Lessee shall not be considered a sale, sublease, assignment or transfer. 21.3. Subleases without consent. Lessee may sublease a portion of the premises for the purpose of placing a second aircraft within the hangar without consent of City provided that: 21.3.1. Lessee gives notice to City prior to the placing of the aircraft in the hangar that such sublease has occurred, and 21.3.2. Lessee pays to City 20% of all sums received by Lessee for the sublease. Such payment shall be made to City within 30 days of Lessee's receipt of the sum by Lessee. 22. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. PAGE 11-HANGAR GROUND LEASE (p:aiM.Mgaund.Ise)(Janu3lY23• 1995) 23. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 24. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: LESSEE: City of Ashland 20 E. Main Street Ashland, OR 97520 Attn: City Administrator LEASE CITY OF ASHLAND BY BY Title fJRT Mayor BY ATTEST: Title City Recorder State of Oregon County of Jackson —t' This ins�tr,}�m �l ent wa acknowledged before me on U1 .3 1999, by /—( et'nil acknowledged =SLOCUIV AL �i✓ � NOCUIV NC'IECON Notary Publi�for Oregon CC . Ow0aSi MY cSEPT.18.1999 My commission expires: 9-1 d7- State of Oregon County of Jackson This instrument was acknowledged before.me on 1999, by as of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: PAGE 12-HANGAR GROUND LEASE (a:afrpor6groundise)(AanumY 23. 1995) City Council Communication City Recorder's Office September 7, 1999 Submitted by: Barbara Christensen Approved by: Mike Freeman Title: Liquor License Application from Sharon Hull dba/The Boudashery LTD Synopsis: Application process of Oregon Liquor License as provided by OLCC. Recommendation: Endorse the application with the following recommendation: "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 now proceed in the matter." Background Information: Liquor License since September 1998; application reflects change in business location only. Prior location was 72 N. Pioneer, new location is 161 E. Main. The City has determined that the license application review by the city is set forth in AMC Ch. 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 Ch. 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. City of Ashland �`' City Hall City Recorder's Office 20 E.Main St. Barbara Christensen,City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311 (fax) August 24, 1999 MEMO TO: Adam Hanks, Community Development FROM: arbara Christensen, City Recorder RE: Application for Liquor Licenses, The Firefly Inc. Please find attached copy of application from Oregon Liquor Control Commission and individual history. AMC Chapter 6.32.050 it is required that determination be made as to whether the applicant's location of the business complies with the city's land use requirement. "Note new address for business: Prior address 72 N Pioneer New address: 161 N. Main Please complete, and initial bottom portion of this letter of your background investigation, and advise of your findings. All originals will be held in my office waiting your report and submission to council will be completed at that time. Your timeliness in this matter is appreciated. YES NO initial Applicant's location of business complies with the city's land use requirements. Comments: Council Communication Public Works Department Pavement Cut on Pinecrest Terrace September 7, 1999 Submitted by: - Paula Brown Approved by: Paul Nolte Approved by: Mike Freemari YKX Title: Approval of Street Cut on Pinecrest Terrace to Install a Residential Gas Service at 1488 Pinecrest Terrace. Synopsis: Avista Utilities requests permission to cut the moratorium-protected pavement on Pinecrest Terrace. The purpose of the request is to provide a gas service to the residence located at 1488 Pincrest Terrace. The proposed action would approve the cutting of the pavement surface on Pinecrest Terrace to install a residential gas service. Recommendation: It is recommended that the City Council adopt a motion to approve the cutting of the pavement on Pinecrest Terrace for the purpose of installing a gas service. Background Information: Pinecrest Terrace was overlaid on September 3, 1996.' Under Section 13.12.011 of the Municipal Code, there shall be no excavation in newly paved or resurfaced streets by anyone, including the departments of the City of Ashland for a period of five (5) years from the date of paving. The moratorium is in effect until September 3, 2001. Permission to cut moratorium-protected streets can only be given by the City Council. Prior to improving a street where the pavement will be constructed,replaced or..overlayed all property owners are notified of the pending moratorium. Depending upon the paving schedule notifications are sometimes more than a year in advance of the actual work. During the intervening years prior to the expiration of the moratorium,properties are often sold without notice being passed along to the new owner. In this instance, the owner was not aware of the existence of the moratorium. The request for a pavement cut was made by Avista Utilities. The gas line lies within Pinecrest Terrace approximately three feet north of the south curb. To access the main gas line, it will be necessary to excavate a three foot square area in the new pavement. The remainder of the service will be bored to eliminate any further pavement cuts. G:Paula\CounciRC.C.Pinecrest Terrace Moratorium Release.wpd C*4 1 rn I -It I Ln I (D I n I co I m 1 3 1C a ad LOf 3 1 2 C I 1Cu aC C O 9 L I I A t Qua. t - Y. - I c 3 z .c s 3 a 3 3 3 3 t i cr� 7 Z Z 4y m m S-- j n 9 r 3 1 7 9 S SP M I a I U') I LO 1 n I 00 ......... .......... 00� ii MY Council Communication Legal Department Ordinance Withdrawing Annexed Area From District September 7, 1999 Submitted by: Paul Nolte Approved by: Mike Freeman .Title: An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No. 5 (Washington Street Annexation by Neuman). Synopsis: The council approved the annexation of this property on February 2, 1999, and adopted findings on March 3, 1999. The resolution annexing the property was adopted on August 17, 1999. This ordinance withdraws the property from the fire district. The city will now provide fire protection as the property is now within the city limits. Recommendation: Move to adopt first reading of the ordinance. (Ordinance must be read in full and not by title only.) Background Information: This is the third phase of a three-phase process for a "full consent' annexation (Where all of the landowners and at least 50% of the electors residing in the area to be annexed have consented to the annexation). The first phase is the land use phase coordinated through the planning department where hearings are held before the planning commission and the,council. That phase was completed in February 1999 when the council held a hearing and voted to approve the annexation. The second phase was completed at the August 17, 1999, council meeting and consists of the actual annexation of the property by resolution of the council. The third phase involves the withdrawal of the annexed area from any special district. For Ashland, the only special district the city generally withdraws from is Jackson County Fire District #5. This phase involves a public hearing and council adoption of an ordinance withdrawing the area from the district. FdUSERTAUL\ORDWnnuz ord(withdrawing(Neuman-Washington St.)cc.wpd ORDINANCE NO. AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT NO. 5 (WASHINGTON STREET ANNEXATION BY NEUMAN). Recitals: A. The owner of the property described in the attached Exhibit "A" has consented to the annexation of this property to the City of Ashland. There are no electors residing in the tract to be annexed. B. Pursuant to ORS 222.524 a public hearing was held on September 7, 1999, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District No. 5. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is declared to be withdrawn from Jackson County Fire District No. 5 pursuant to the provisions of ORS 222.111. SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing Districts pursuant to the provisions of ORS 222.520(2)(b). The foregoing ordinance was first READ on the day of ' 1999, and duly PASSED and ADOPTED this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Ap roved as to form: Paul Nolte, City Attorney PAGE 1-SPECIAL ORDINANCE (p:ord\2nnx-neu.om) MOUNTAIN PARK DEVELOPMENT LLC EXHIBIT A ANNEXATION TO CITY OF ASHLAND A PARCEL OF LAND TO BE ANNEXED TO THE CIT`! OF ASHLAND DESCRIBED AS FOLLOWS : BEGINNNING AT A POINT THAT BEARS S 00003' 23" W, 251 . 77 FEET FROM THE NE 1/16 CORNER OF SECTION 14, TOWNSHIP 39 SOUTH, RANGE 1 EAST, ;WILLAMETTE MERIDIAN, IN JACKSON COUNTY, OREGON; SAID POINT OF BEGINNING LYING ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 5 HIGHWAY, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF WASHINGTON STREET; THENCE S 00 002 ' 16" W, 1180 . 83 FEET FOLLOWING THE 1/16 SECTION LINE TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RA_T,LROAD, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF THE EXISTING CITY LIMITS OF THE CITY OF ASHLAND; THENCE ALONG THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT- OF-WAY OF THE RAILROAD, N 42°49'48" W, 463. 65 FEET TO THE BEGINNING OF A 2006137" SPIRAL CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS N 43009 ' 31" W, 88. 35 FEET; THENCE CONTINUING ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 149 ' 14", A RADIUS OF 2764 . 93 FEET, THE LONG CHORD OF WHICH BEARS N 44 039 ' 35" I9, 87 . 85 FEET; THENCE LEAVING THE EXISTING CITY LIMITS AND THE SOUTHERLY RIGHT-OF-WAY OF THE RAILROAD AND RUNNING N 00001 ' 08" W, 833. 76 FEET; THENCE N 89'45 ' 14" E, 377 . 43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 5 AND WASHINGTON STREET; THENCE ALONG SAID RIGHT-OF-WAY, S 26039148" E, 135. 96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10. 63 ACRES. REGISTERED I — 1 PROFESSIONAL LA SU YOR JUL_ I d ion C1 _ _ ",IN IANUE G O IV AfEY 25' Egg89 DARRYL NIEMI rase ' Q1,tlEce/ /Z-3/-00 � r �o C ITY I l¢ SA OF •-p WAgy AREA TO QE ANNEKIKA ASHLAND I ` 9 / VICINITY MAP Na SCALE. SHEET i City Council Communication Administration City Office Expansion September 7, 1999 Submitted by: Gre Scol Approved by: Mike Free }y -- Title: Public hearing to consider design alternatives for the Hillah Temple building. is rte_ Synopsis: This hearing is intended to allow the Council to receive public comment regarding the proposed remodel of the Hillah Temple, located at 51 Winbum Way. There are two basic alternatives currently proposed-a single story and a two story design. Both alternatives are intended to accommodate the Community Development Department, Public Works Administration and Engineering. Recommendation: Staff recommends that City Council hold the hearing, select a preferred alternative (Concept B, Site Scheme 2, Elevation Scheme I or III)and then direct staff to prepare a proposed financing program for consideration at the October 5's City Council Meeting. Background Information: At a Study Session on August 5th the project architect, Berry Architects,presented the Council with design alternatives for the site and the space needs assessment, which led to the determination that Community Development and Public Works Admin. /Engineering should be co-located in the renovated Hillah building. The concept study, space needs analysis and estimated cost were contained in the document handed out at the Study Session. Based on the discussion at the Study Session,Berry Architects refined the building concepts. The new concepts included both one and two story schemes and gabled (pitched) and flat roofs. Subsequent to the Study Session, a Public Meeting/Open House was held on August 191h at the Hillah to allow the public an opportunity to comment on these revised plans. Approximately 20 people attended and meeting notes are attached.There were considerable comments from the neighbors on Granite St.regarding minimizing the impact on their views and they were generally supportive of the single story design. From an operational standpoint the single story design(Concept B)is more practical since it allows the two departments to more efficiently share staff resources. Also, the single story design has a lower projected cost given there are no elevators or stairs. All of the alternatives attempt to maximize the parking available for the facility. In order to proceed with the project, it appears that the following questions need to be answered: 1. Should the building be one or two stories? 2. Should the building have a flat or gabled roofline? 3. Should the architectural style of the building relate more to commercial or residential? 4. Where should the public restrooms be accommodated(internal, attached or detached)? 5. How and where should the trash area be designed? Based on the information gained at the Study Session and open house, Berry Architects prepared additional concept drawings for the Council to consider(see attached report). The property is currently zoned R-1-7.5 (Single Family Residential)and will require a zone change to C-1-D (Commercial Downtown)and Site Review by the Historic Commission and Planning Commission. The Architects will be available to discuss these alternatives with the Council at the hearing. 1�1 x � � f 1 �..1�1��..Y��'`ir µ..^•{, t•.y4Yr,Yy�� 4t �?nM '' �. !.f 1 1 ��'=�•.. �.,-...,_-,•r._ � .,.� ,�1,1.1 11 t` CIO CITY OF ASHLAND I CONCEPT STUDY HH.LAH TEMPLE SITE PUBLIC MEETING August 19, 1999 MEETING NOTES Attendees: CITY OF ASHLAND STAFF ARCHITECT 0 Greg, Scoles,Assistant City Administrator 0 Jon R. (Jack) Berry, AIA,BERRY ARCHITECTS, P.C., Eugene, Oregon CITY OF ASHLAND PUBLIC 0 Marshall Balfe, Architect 0 Attendance not kept. 0 There were 17 attendees in addition to City and Architect representatives. 0 Those who identified themselves included Mr. & Mrs. Paul Ross, Jerry Stark, Ted Molanari, Marilyn Briggs. 1. INTRODUCTION, WELCOME 0 Greg Scoles 2. PRESENTATION 0 Jack Berry and Marshall Balfe 3. PUBLIC QUESTIONS AND COMMENTS 3.1 Q: Concern about building height by Paul Ross, neighbor directly behind building A: Sensitive to this concern; will do what we can consistent with meeting City needs and good design. 3.2 Q: Ross invited Scoles and architects to visit his house for a first hand view from his dining room; suggested take photos. A: Will visit. 3.3 Q: Can a picture be drawn of what would be seen from Ross residence? A: Can be demonstrated. (See Story Poles below) 3.4 Q: What is process for Council Action? A: Explained by Scoles. Process includes: 1) Need to rezone. 2) Review by Historic commission. 3) Design Review. 3.5 Q: Who uses (would use) parking north of building? A: Probably staff. 3.6 Q: Could toilet building be moved further north into park (Calle Guanajuato)? A: Not sufficient room. 3.7 Q: Could toilet building be built under the earth bank? A: No. Too close to property line. BERRY ARCHITECTS P.C. 3.8 Q: Trash a real problem; both smell and noise. Trash is picked up daily, which is good from standpoint of smell, but bad because of noise. A: Citizens need to communicate their concerns to the Council. 3.9 Q: Could either trash or toilets be located on east side of creek? A: No space for toilets. Trash service access difficult. 3.10 Q: Story poles, or balloons, or other devices to demonstrate building height? A: Can be done. 3.11 Q: Like lots of windows in building. Why 2 story have fewer on front than 1 story? A: Stairs and elevator in 2 story. Could have some windows in stairs. 3.12 Q: Could entry be at northeast comer to provide gathering space before the entrance? Entrance on east crowded by parking. A: Do not think entrance appropriate at service drive. But agreed to study. 3.13 Q: Could entry be recessed to create gathering space? A: Probably can be done. 3.14 Q: Could building or parking be expanded to south? A: No. Only about 5' from building to south property line. 3.15 Q: (To all in attendance) Prefer 1 or 2 story scheme? A: Mixed, but tended to favor 1 story. 1. More functional 2. Less costly 3. Not as imposing to neighbors but does reduce entrance area to Ca116 Guanajuato 3.16 Q: How about putting schemes in Newsletter, asking for public's preference? A: Discourage doing this. Currently too many choices and unresolved issues to get meaningful results. 3.17 Q: How about a perspectives showing surrounding buildings. A: Can be done when design is narrowed to one scheme. Currently too many possibilities. 3.18 Q: Roof covering all of Alice Peil Stair seems too much (seemed to be some consensus on this); liked idea of a gazebo at top of stair. A: Noted. 3.19 Q: Should maximize ground space by going up. A: Two floors considered to be maximum for intended uses. BERRY ARCHITECTS P.C. ^ MINUTES FOR THE STUDY SESSION MEETING PIC— ASHLAND CITY COUNCIL August 5, 1999 Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Council Chairperson Don Laws called the meeting to order at 12:00 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilor Laws,Hauck, Fine, Wheeldon and Reid;City Administrator Mike Freeman,Assistant City Administrator Greg Scoles, Dick Wanderschied, and Ann Seltzer. I. Hillah Temple Asst Ad ii T Greg Scoles updated council as to where we stand in regards to the Civic Center, Hillah Temple and City Hall expansion project. Gave brief review of the past process which has gotten staff to where we are currently in this project. Scoles explained the schedule which begins August 5, 1999 with the study session, then on too a public meeting scheduled for August 19, 1999 and then an additional public hearing held at a council meeting on September 7, 1999. Scoles introduced Jack Berry representing Berry Architecture and Marshall Balfe. Berry submitted to council a draft space needs assessment for facilities at City Hall, Hillah Temple,Civic Center and a concept study for Hillah Temple site. Explained that the proposal was only in draft form and is not complete. Explained that space studies were used to determine space needs. Explained further that the report included space needs which include staffing needs and preferred location of departments. Stated that the study was not only done for 1999,but that the year 2019 was included to address future needs. Berry pointed out that diagrams were included in study to illustrate proximity requirements of the functional work groups of each department. Explained the Hillah Temple Site plan with existing conditions and the required square footage for these existing conditions. Berry included a conceptional study for the use of Hillah Temple by Community Development and the Public Works Administration Departments. Scoles clarified for council that the functions and staff from Public Works currently at the Civic Center site would not be moved to the new Hillah Temple site. Estimated construction costs for a two-story and one-story project was presented as an estimate of$1,861,515 for a two-story and$1,572,351 for a one-story building. Stated that the one-story building is shown to be more cost effective and would meet the space needs requirement for proposed departments to occupy. Berry explained that parking needs were not calculated in the study. Councilor Reid requested that information be provided to council and voiced concern that this be addressed. Scoles explained that the there is a net loss of 4-5 spaces,but reminded that the current spaces do not comply with current requirements and would need to be revised. Berry explained that the two-story concept allows for further parking. Reid requested additional information on the estimated number of individuals that would be using the building. Scoles explained that the property will need to be re-zoned and would not require parking spaces. Clarified that the city will be complying with zoning laws as would any other property owner. Berry agreed that access to public restrooms could be considered in the Hillah Temple site project. Councilor Wheeldon urged that the space in between the Calle and the Hillah temple be considered and blended in this project. Voiced her appreciation of the possible Flexibility by spending an additional $300,000 in the project if it would help to blend this area. Comments were made on the Calle project and how this may be a competing project with the Hillah Temple project and that the two projects coordinators should get together. Wheeldon emphasized the Council Study Session 8-05-99 Page I of 3 importance of interfacing the area between the Hillah Temple and the Calle. Reid noted the additional importance of the Alice Piel Walkway which will need to be considered in the Hillah project. Councilor Fine asked that we be mindful of the burden that the city is placing on the downtown when we address the revision of the downtown plan. Berry explained that the methodology which determined space needs was previously done by a prior study,but that there is a formula used to determine space based on the function of the position. Councilor Laws feels that this is a critical issue and should be addressed by using space as efficiently as possible. Berry explained that when design begins, is when space efficiency will be determined. Scales explained that the estimate included seismic requirements. Marilyn Briggs spoke regarding the need for restrooms and trash area close to the Calle. Briggs is in favor of including this in the area adjacent to the Hillah Temple. Stated that she is in favor of a two-story building,but would like to see the height of the building reviewed so not to block property owners directly behind the proposed two-story building. Scoles clarified her confusion on the elevation and roof height of the two-story building. Rick Vezie questioned how parking by city staff has been viewed and noted the need for parking by staff that are required to make several trips in and out of the building. Vezie suggested a possible shuttle service. Councilor Reid noted that there is a need for flexibility in regards to employees and the parking issue. Councilor Laws explained that there is constant review going on in regards to the parking issue and city employees. Council consensus on agreement of proposed schedule for direction to staff. Scoles explained that public would not be presented with a preferred design,but would be asked which design they prefer. Scoles expects to present a preferred design to council at the September council meeting. II. iscussion of Water Conservation Program Goals and Plan Administra Services Director Dick Wanderschied presented to council plan to achieve the water conservation goals of the Co ehensive Water Study. Water conservation analysis was distributed to council for discussion purposes only. Wan rscheid reported that the water study was completed in 1998 by Carollo Engineers assuming a 20%water demand re tion during the summer months. Explained that this translates into a savings target of 1,050,000 gallons of water day in the year 2050 and the proposed paper presents a plan to implement this goal. Wanderschied stated that current wa use per person is 148 gallons a day and the proposal is to reduce this to 140 gallons per day. Presented memo which explained the goal of t Water Conservation and how much conservation is needed. Report also explained how this would be met proje ing fifty years into the future by realizing the current conservation programs will probably evolve into mile ifferent programs than what we can envision at present. Used the horizontal axis washing machine as an example d how standards of efficiency are changing which would make these the only product available. Conservation programs include: 1)Toilet rebate;2) Showerhead re cements; 3)Horizontal Axis Washing Machine rebates;4) Dishwasher replacement rebate; 5) Residential Irri ion Audits;6)Leak Detection/Water Line Replacements; and 7)Government/Institutional/Large Commercial Real Ti a/Weather Station Irrigation Systems. Wanderschied explained in further detail the Weather Station Irrigation System d the possible future use of this program. Reported that the Park Department is currently using this system. State at this has the potential to save a large amount of water for the city and that there are at least 30 sites that can benefit om this control system. Council Study Session 8-05-99 Page 2 of 3 Council Communication Public Works Department Vacation of a Portion of A Street September 7, 1999 Submitted by: Paula Brown lr- Reviewed by: Paul Nolte Approved by: Mike Freeman Title: An Ordinance Vacating a Portion of A Street Easterly of Oak Street Synopsis: On May 18, 1999 a petition was received by the Engineering Division requesting the vacation of a portion of the right-of-way on A Street. The purpose of the vacation is to un-encumber sections of the building which have been built out into the A Street right-of-way over the course of many years. The requested vacation is along the north side of the street and is variable in width, from 11.0 feet to 6.0 feet wide, and contains approximately 0.9 acres. The attached map shows the location and dimensions of the area to be vacated. The petition has been verified and the required $500 filing fee has been received. All City departments as well as the utility companies have been notified of this proposed action. No objections to the vacation have been received. Concerns have arisen with regard.to adequate pedestrian access should this vacation be granted. It is staff s recommendation that the vacation include an easement for a six-foot wide pedestrian access. Recommendation: It is recommended that the City Council approve the attached ordinance and move to second reading to vacate a portion of A Street and reserve a six-foot wide pedestrian access easement. Background Information: The existing Oak Street Tank and Steel building is located on the north side of A,'Street and extends from Oak Street approximately 270 feet easterly. The original building was constructed circa 1900 and served as a fruit warehouse. Several building expansions were added over the ensuing years. In August of 1920, Ordinance No. 701 was passed which vacated a 5 foot wide by 150 foot long portion of right-of-way on the north side of A Street(formerly known as Ash Street). This vacation allowed for a significant expansion of the original building. Subsequent expansions were built with projections into the right-of-way without the benefit of clearing the street right-of-way. Current plans call for the renovation of the building following Oak Steel Tank and Steel's relocation to Jefferson Street. Much of the south building face will be removed and re- established to include a covered pedestrian walk along the north curb. The vacation will clear the right-of-way to allow the creation of building overhangs and canopies over the sidewalk. A six- foot wide (measured from the curb existing curb face) pedestrian access easement will be reserved to create a public sidewalk on the north side of the street. FAUSERlsharlen6CC A Street Vacation PH ORDI.doc ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF "A" STREET EASTERLY OF OAK STREET THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. On the date specified in this ordinance, the public right of way described on the attached Exhibit A is vacated subject to a reservation of a six-foot wide pedestrian access easement. The foregoing ordinance was first READ on the day of , 1999, And duly PASSED and ADOPTED this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1 — ORDINANCE (FAUSERTAWORDWacation A Street Ord.wpd) CITY OF ASHLAND Department of Pubic Works Public Works Administration MEMORANDUM DATE: August 25, 1999 TO: Barbara Christensen, City Recorder FROM: James H. Olson, Engineering Services Manager' RE: Revised Description for the A Street Vacation Attached is a revised description for the A Street vacation. Please disregard the previously provided easement and substitute this one is it place. Cc- EAGLE—EYE SURVEYING CORPORATION 23 North Ivy Street, Medford P. O. Box 4397, Medford, Oregon 97501-0170 Tel . (541) 776-2313 Fax. (541) 776-9978 DESCRIPTION FOR: Ed Bemis August 19, 1999 A portion of 'A' Street to be vacated: Containing 0. 09 Acres, more or less: Beginning at the Southwest corner of Lot 1 of Block 27 of CHITWOOD TRACTS in the City of Ashland, Jackson County, Oregon, as now recorded, being located in the Southwest One-Quarter of Section 4, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South 23°14 ' 43" West, parallel with and 30. 00 feet distant Southeasterly of, when measured normal therefrom, the centerline of Oak Street, for a distance of 11. 00 feet to a point that is 19. 00 feet distant Northeasterly of, when measured normal therefrom, the centerline of 'A' Street, as now monumented; thence South 66°55' 08" East, a distance of 269 . 89 feet; thence South 65°46104" East 85. 59 feet to point on the Easterly right of way line of 'A' Street; thence Northerly and Westerly along the right way line of 'A' Street the following courses: North 00°30 ' 19" East, a distance of 14 . 91 feet; thence North 67°02141" West, a distance of 54 . 26 feet; thence South 00°14 '26" West, a distance of 5. 42 feet; thence North 67 002 ' 41" West, a distance of 151. 66 feet; thence North 22°57119" East, a distance of 5. 00 feet; thence North 67°02141" West, a distance of 146. 00 feet to the Point of Beginning. REGISTERED PROFESSIONAL LAND SURVEYOR O EGON JULY 19, 1991 �(USSELL D60RAUGHTON Expires 12/31/99 1 i- I T a 1 2 8 9 3 3 f a ui T Y T I T T x r t I 1 1 9 I tn I to I 1 00 1 m o ' �t t ' r'�j�u • �Y'L �` . s p3...a.'.�`.4. p4 t LL � O O O O blfk J I Q o CL Lij i; V sea.. e O ' N U U' N O_ - y N D; K G d Rf v. d ti O " O V. O w d N UO y N r VWl H F WW N F F �n U ul E.cn Di O O a 'E W C4 LX 0 U C r � N W O O O 9 W ^ pv u 6 Lc, °� O d E L V E i y u ro v c o E ta No ce > " c O v N O• W v I�1 E itl m vi u E ° E 6 o c o v a c v N L '_ o. o � n Z ¢ ❑ ° _ N is 'o p �. •• .. OO O G ?� D Z W "C 02 T u E E CL s d o 0 d,ea o od Q y o Y c v a T .0 c- ,�oo E E 'n E 3 N c o a0 Eo occ °° _ -° 0 � N. � � .N+ C C LL] y. 'O v OO O9 � � � t! O y tp tp •C o o 0 0 0 .E C C ` ` CO Q, M 6 v0 a C 41 G u .0 C h G u �^ O m �a v O '� 'O 00 00 a �. a v � � �y m y a Yq ° u�n.°. N r9 n i vr9 n i u h,vQ, O w L in s�c v 7 n. a m,im Z.Yv a.0 m m C m a u , O o 0 o O O > p v E O N E G vW a u° M Q I h lR 1-- W C\ O N N N N N N m \ rz� « . \ o . ` o � \ � e \ 2 ƒ j \ C Ala, � E ) ) } » ƒ ) \ \ ) \ ® ) cq * § § 2 ƒ \ 2 Ei ( * / l ° ® G � \ ] £ 2 \ § 4 2g � , g ( .% ] .® \ ) ) E \ ~ J ) \ ) ) ff � § ° \ � i ; / \ » § 2 < E \ q § \ \ \ \ ± \ ) \ 0. \ \ 5u : a / \ \ \ \ \ \ / / ) \ \ \ / \ \ \ \ ) ) j / / \ 2 � - - - - - ' - 2 - - , , , , z - - - - - - - Council Communication Legal Department Masonic Lodge Pedestrian Easement September 7, 1999 Submitted by: Paul Nolte Approved by: Mike Freeman . Title: Acceptance of Pedestrian Easement through the Masonic Lodge Building, 25 N. Main Street. Synopsis: This easement is being donated to the city by Ashland Holdings, L.P., the owner of the Masonic Lodge Building. The building is being developed into a restaurant and shops. The easement will connect North Main Street to Calle Guanajuato adjacent to Gold & Gems On The Plaza store. Recommendation: Move to accept the easement as of the date the development of the Masonic Lodge Building is issued a Certificate of Occupancy upon the condition that direct access from the corridor not be permitted until approved by the Ashland Parks and Recreation Commission. Authorize the mayor to sign the attached document which indicates acceptance of the easement on these terms. Background Information: On March 24, 1999, the developers of the Masonic Lodge remodel (Ed Bemis and Allan Sandler) received approval in Planning Action 99-026 for a Site Review Permit to make exterior changes to the Masonic Lodge Building which is listed on the National Register of Historic Places. One proposed change was to create a public pedestrian corridor to extend from the front of the building(Plaza) to the rear of the building(Calle Guanajuato). The attached planning staff report describes in more detail the background and nature of the changes to be made. The Ashland Parks and Recreation Commission has approved the pedestrian corridor upon the condition that direct access from the end of the corridor on the Guanajuato side not be permitted until the plan for redevelopment of the Calle is completed. The easement provides indirect access to the corridor from the Calle by the use of ramps located wholly upon the developer's property. F;\USERTAWORD\masonic cc.wpd ASHLAND PLANNING COMMISSION FINDINGS & ORDERS March 24, 1999 PLANNING ACTION 99-026 is a request for a Site Review Permit for the exterior changes to the building located at 25 North Main Street which is listed on the National Register of Historic Places. One of the proposed changes include adding a"public Pedestrian corridor"that could extend from the front of the building(Plaza) to the rear of the building (Calle Guanajuato). Comprehensive Plan Designation: Commercial/Downtown; Zoning: C-1-1); Assessor's Map #: 9BB; Tax Lot#: 7900 APPLICANT: Ed Bemis & Allen Sandler On Wednesday, March 24, 1999, a meeting was held in the Planning Office to review this application. In attendance was Mark Knox, Associate Planner and Senior Planner Bill Molnar serving as the Staff Advisor. The application involves making exterior changes to a National Register ofHistoric Places structure which is located on the Plaza at 25 North Main Street. Any exterior change to a National Register property is subject to the City's Site Design & Use Standards as well as the recently adopted Downtown Design Standards. The Ashland Masonic Lodge Building(Masonic Temple)was listed on the Register in 1992 and was originally constructed in 1879 and extensively remodeled in 1929. In 1954, the building's south side storefront was changed dramatically by reducing the storefront window area and adding the present glass block and field stone. In 1997,the Gold&Gems business remodeled its front facade. The proposed exterior changes are based upon the 1929 remodel. The applicants are proposing to remodel the existing building and to divide it up into individual lease spaces. In doing so,they plan to create a public pedestrian corridor that will connect the Plaza to the Calle Guanajuato alley. The applicants are proposing to have shops line the corridor on both sides: It is proposed to be a well lit area. Although the applicants have stated in their findings that the City would also be responsible for the maintenance and upkeep of the corridor, this will be the responsibility of the property owner. The corridor is the primary facade change to the front of the building.The opening is 4'wide and has two columns establishing its entrance. The columns reflect the building's existing vertical rhythms and establish the corridor with a respectable sense of entry. The existing field stone and glass block on the front will be replaced with synthetic plaster,brick,ceramic tile and store front windows. The ceramic tile is to be placed above the storefront windows, similar to the original 1929 design. No exterior changes are proposed for the north side of the building where the business of Gold&Gems currently operate. In the rear of the building the applicants are proposing extensive changes. The rear will also incorporate storefront windows and will add a high brick skirt for definition and aesthetics. A rear balcony is proposed off the second floor which will overlook Ashland Creek and Calle Guanajuato. Both the front and rear entrances of the public corridor will have 45 degree angles on either side in order to help draw pedestrians. The interior of the building is proposed to be divided up into a number of lease spaces.The first floor floor plan identifies five lease spaces and one lease space in the basement. The second floor floor plan also identifies five lease spaces and the third floor one lease space.The third floor is to be used as a restaurant. In the center of the building, accessed via the pedestrian corridor, is an elevator which will move from the first floor to the third floor. The applicants have corresponded with the Ashland Historic Commission and State Historic Preservation Office in order to ensure compatible and authentic changes. Overall,both groups have supported the changes. Molnar than reviewed the criteria for approval of a Site Plan are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. Overall, both planners agreed the applicants have done a great job in designing the changes to be either consistent with the original building facade as well as keeping the new changes to a visual minimum. Both agreed the proposal will be a benefit to the neighboring buildings as well as the Calle street scape.Therefore,based on our overall conclusions and on the proposal being subject to each of the following conditions,we approve Planning Action 99-026. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever,then Planning Action 99-026 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the plans submitted at the time of a building permit be in substantial conformance with those approved as part of this application. 3) That prior to issuance of a Certificate. of Occupancy Permit, the applicant shall dedicate a public pedestrian easement along the proposed corridor on terms and conditions that are mutually agreeable between the applicant and the City. 4) That any improvements to access the building shall be accessed from the applicant's property and not the public right-of-way. 5) That prior to issuance of a building permit, the applicant shall pay the Downtown Parking Assessment Fee. The fee will be based upon the new uses for the building, but will be allowed a reduction based upon previous use. 6) That all mechanical and utility equipment be screened from the Calle right-of-way. 7) That prior to issuance of a building permit, the applicant shall submit detailed plans on the proposed corridor's improvements. Such plans shall provide detail on proposed lighting improvements, surface improvements, and ingress & egress improvements. al zl-- A � Bill ar, Senior Planner Dat Name of Transaction: Pedestrian Easement Grantors: Ashland Holdings, LP Return Document to: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 True and Actual Consideration: $1.00 PERMANENT PEDESTRIAN EASEMENT FOR CITY OF ASHLAND 1. Grant of easement. The above named Grantors grant to the City of Ashland, Oregon, "Grantee,"a perpetual exclusive easement to use a pedestrian walkway as a public sidewalk, across, along and upon the real property described below and further referred to in this easement agreement as the"sidewalk." The sidewalk is located in the City of Ashland, Jackson County, Oregon and is described on the attached Exhibit A. 2. Grantor responsibilities. Grantor shall be subject to the same duties, responsibilities and liabilities imposed under the Ashland Municipal Code for owners adjacent to public sidewalks (the "code provisions"). The parties acknowledge that, as of the date this easement is granted, the code provisions include, but are not limited to, the following: A. Grantor shall maintain in the sidewalk in good repair and remove obstructions from it. B. Grantor shall be primarily liable to any person injured because of any negligence of Grantor failing to maintain the sidewalk in good condition. C. If the Grantee is required to pay damages for the injury to persons or property caused by the failure of Grantor to perform the duty which this section imposes, Grantor shall compensate the Grantee for the amount of the damages thus paid, plus court costs and fees incurred by the Grantee. The Grantee may maintain an action in any court of competent jurisdiction to enforce the provisions of this section. (Ashland Municipal Code Section 13.04.020) In the event the code provisions are amended, then Grantor shall be subject only to the provisions as amended. 3. Sidewalk lighting. Grantor shall install lighting for the sidewalk to be approved by Grantee's Director of Electric Utilities in writing. Grantee shall pay for the cost of electricity and shall be responsible for the maintenance and replacement, as needed, of the lighting fixtures and bulbs. 4. Sidewalk a public sidewalk, obstructions prohibited. The sidewalk shall be a public sidewalk. Grantor shall not obstruct the sidewalk in any manner prohibited by applicable laws and codes,,and Grantor's lessees and tenants and other persons shall be subject to all such laws and codes with respect to the sidewalk. 4. Binding. This easement shall be binding upon and inure to the benefit af,theparbes,.their.successors, and assigns GRANTORS: ASHLAND HOLDINGS, LP RAT PACK, INC. , GENERAL PARTNER p BY: �6 ��-� 'l� O 1•tQ� . State of Oregon, Pre sid n County of Jackson This instrument was acknowledged before me on 3 1999, by Allan Sandler, President of Rat-Pack Inc. I ge r 1 par ner, on behalf of Ashland Holdings , LP, an Oregon limited partnership. ry Public for rego - - OFFICIAL SA�� My commission expires: ARON L. MEISTER NOTARY PUBLIC-OREGON COMMISSION NO. 306036 PAGE 1-PEDESTRIAN EASEMENT (F:\USER WAIWNWt- 8.4Y 79, 2001 EXHIBIT A PEDESTRIAN EASEMENT A strip of land being 5.00 feet in width and S• 0 feet in height as physically constructed over and through that parcel of property as described in instrument number 99-16328 of the Official Records of Jackson County, Oregon. The easement to extend from the westerly right of way of North Main Street to the easterly right of way of Calle Guanajuato within the City of Ashland, Jackson County, Oregon. The easement includes a pedestrian access ramp 5.00 feet in width and access to this ramp 5.00 feet in width from Calle Guanajuato to the lowest end of the ramp. The ramp is described as perpendicular to and connecting with the strip of land described above and is located within the parcel described above beyond the westerly terminus of the existing building on this parcel. Pedestrian Easement to City of Ashland Tax Lot No. 391 E966-7900 July 20, 1999 1- Exhibit A F1USEMPAWREALsandler ped eas ex A.wpd Grantee's Acceptance of Easement The City of Ashland accepts, as of the date set forth below, the Permanent Pedestrian Easement for City of Ashland from Ashland Holdings, LP signed August 3, 1999, by Allan Sandler, President of Rat Pack, Inc. general partner on behalf of Ashland Holdings, LP. Acceptance of this easement shall be effective upon the date a certificate of occupancy is issued for the construction occurring in the Ashland Masonic Lodge Building (Masonic Temple), 25 North Main Street, Ashland, Oregon (through which this easement is located). No access from the easement to Calle Guanajuato shall be permitted, except by the ramp described in Exhibit A to the easement, until the Ashland Parks and Recreation Commission consents to other access. Dated this day of ' 1999. Catherine M. Shaw, Mayor Barbara Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on 1999, by Catherine M. Shaw as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: (FAUSERTAUBORMmasonic cc acceptancempd) to strengthen andpromote cities as centers of opportunity, leadership and governance. August 18, 1999 MEMORANDUM National League of Cities To: City Clerks of Direct Member Cities From: Donald J. Borut, Executive Dire to 1301 Pennsylvania Ave..N.W. Washington,D.C.20004-1763 Subject: Voting and Alternate Voting D legates, Annual Congress of Cities, 202-6263000 November 30 - December 4, 1999, Los Angeles, California Fax. 202626-3043 Internet: vAnnonlc.org OCTOBER 1 1 1 1%90Nicers President Clarence E.Anthony Mayor.South Bay,Florida The National League of Cities' Annual Business Meeting will be held at 2:00 p.m. Firs(Vice President Bob Knight on Saturday, December 4, 1999, at the Congress of Cities in Los Angeles, Mayor,Wichita.Kansas California. Under the Bylaws of the National League of Cities, each direct member Second Vice President Dennis W Archer city is entitled to cast from one to 20 votes, depending upon the city's population, Mawr,Detroit,Michigan through its designated voting delegate at the Annual Business Meeting. The table on Immediate Past President Brian 0NeHI the reverse side of this memorandum shows the breakdown of votes by population Councilman,Philadelphia, categories. Pennsylvania Executive 0,,ector Donald J.Borut To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached credentials form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting delegate(s) must be present at the am Annual Business Meeting to cast the city's vote(s). wn fe xl tae In early November, NLC will send a special edition of the Policy Informer summarizing proposed National Municipal Policy amendments and prbposed resolutions. This information should be shared with your voting delegation. To establish your city's credentials and facilitate your voting delegate(s) preparation for the Congress of Cities, we ask that you return the completed form to NLC on or before October 11, 1999. Please follow the instructions properly for filling out the form. A pre-addressed envelope is attached. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176. Enclosure Pon Rnlder Glenda E.Hood..,lam,',riando rrendi•Sharpe James,Naror Nn,rark,Nov Jors,,•Gregory bidunka,hra,or Coll Dnm•Cathr ftyadds,Ge Goad nesdent Demn Cdaalo•Orientals:Amie Adsnrten. Ccocine,.SVegas.r,Ada•Renneth AAlderson,Ercxr;"Dscno Iamon6taar ge,league•E.K.Audiophile Cmrussaxer gel Songs NpNCaro,re•John B-Atdmwy Gelid•.,Dlrena.Nix Namrh.d d,ndNl Assacaoon •bmy ABehby Commit MlMr Golder'lVevt',.dsm3•James g.Benham.Coundirmor Baron Pooge.tcusiana•George O.Blachmod,Jr,tdaya No lum.lansat CM.elormi George A Brown,Jr,Cournimernit tenlglm smell,.lrn'uQy•Maine Childress Brown,C,urad.mim..Berheere,.re,Yid•Jahn P.Bona,Coanedm e,Ponuac bkmgan•Michael Gthe,AMernon.Semleba.o.,s,•Frank Climom'Jero Pans nano•NM Wele flamr.0!1d*Narrow•Sue Oonaldrom D:.C¢nc±Prevcot Soule Nduesryrm•Francis N ButlMy,r•Nva.Camumlge N'e,etsy a•Ron Gallegos.Cromdman.lengmonr.Co or]do•Jahn A Gamer Jr.E+ttuun aides 'ams.r.na!eagsx o!C I s aM h1a.donmes•Neil G-Giuliano,Maya.Iemin Airs•names J Rise,Geamne Guerra.Nerada tea,,of Cmes and NWmnmham•Bak,L Hoskin,Conrail Verson,inn Word,tiros•Pm,In Hilliard,I.A,er Ere Pont,Grotto•Michell land 6redl,,m h¢'e Ras Arldw,-Jack luml l Ereotne.Buce.'.raovu•Name M'ounWda-Sams Barbara Cxlaoaa•James F.Mille,Ererone aneroid[logo,of Mmnesaa es•find.A.Mono.,tell ta:rrta:.CO le•William A Moyer i•rawm thr,ur.Gklohano r.lonn�ml league•Jim Nagle,Ma.nt In laademale,Florida•tau Ogden,Morris turei rn.Gregor•Jenny aropaa.Cttmnm,mhw. I...Bea",Galloons•Willie J.Pin,Crurru r,lomeur Wdeon Ni Ce die•Mary C.Posy W1 or na @m.Dallas.teas•Rebecca 1 Rmine,Cftml Talent.Em V,',,radio.•Johne,Robinson Caarrd,,dnl doll'Psk ,cm•Michael Sinig,F'xuu:e S.rec:::ni[eogur.'6ea•Leon Smith,Ca.n GJO!Ah:aca•Oriel M.S,...L!",,nura9r i,nnessa•Connie Spryarynaryk.Fttume Duevor Nnv.(Abra Leagce It C re•Ellyn ,-1'e:S,} pillion Turned CmrcJorCdP,duy jr,;a•Jarilrp S.Wall,Co;rol?,vain t Ennspn kl:amng NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: '44 W.9.90 r Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,000 12 votes 600,000 - 699,000 14 votes 700,000 - 799,000 16 votes 800,000 - 899,000 18 votes 900,000 and above 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. Cred99.coc City Council Communication Administration Establishment of Fiscal Priorities for New Programs September 7, 1999 Submitted by: Mike Freeman Title: An ordinance adding section 2.04.095 to the Ashland Municipal Code to establish fiscal priorities for new programs. Synopsis: During the budget process this past year, the City Council discussed the need to adopt a City policy that would require the Council to identify the method by which Council adopted projects, initiatives or policies would be funded. The ordinance requires that the Council indicate the funding mechanism upon adopting a new project, initiative or policy with the appropriate funding source. Recommendation: The staff have no position on the proposed ordinance. ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO ESTABLISH FISCAL PRIORITIES FOR NEW PROGRAMS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following section 2.04.095 is added to the Ashland Municipal Code: 2.04.095 Identification of Fiscal Impact of Expenditure Decisions. A. At such time as the council adopts a new program or policy with significant revenue implications, it shall offer clear direction to city staff and to the budget committee as to the fiscal priority to be afforded this new program or policy. B. When the city council adopts any such program or policy, it shall indicate how it expects that policy or program will be funded; for example, which taxes or other sources of revenue the council expects to increase and by how much, or which current city expenditures the council feels might be reduced to pay for the new program or policy. C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" means an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one half of one percent (0.5%) of the city's annual General Fund budget. D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was first READ on the day of 1. 1999, and duly PASSED and ADOPTED this _ day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1999. Catherine M. Shaw, Mayor Rep' as o form: Paul Nolte, City Attorney Council Communication Public Works Department Westwood Street LID Final Assessment /I September 7, 1999 Submitted by: Paula Brown p,"' Reviewed by: Paul Nolte I _,� �/ Approved by: Mike Freeman ftt.Y- Title: Adoption of a Resolution Setting a Public Hearing for the Final Assessment of the Westwood Street Local Improvement District to Provide for,Improvements Consisting of Paving, Curbs, Gutters, Storm Drains, Sidewalk, and Associated Improvements, for the Extension of Westwood Street from its Existing Terminus at Orchard Street, Approximately 1300 Feet Southerly Synopsis: This Council action is required under the Ashland Municipal Code as one of the final steps in the process to levy assessments to lots within local improvement districts. The Westwood Street local improvement district was established in January 1998 by the City Council prior to enacting the improvements, and all of the improvements have since been completed. The attached resolution establishes a Public Hearing date for 7:00 p.m., September 21, 1999,to consider objectives to the proposed assessments for the lots within the Westwood Street Local Improvement District. Recommendation: It is recommended that the City Council adopt the attached resolution to establish a public hearing for 7:00 p.m., September 21, 1999 to consider objectives to the proposed assessments for the lots within the Westwood Street Local Improvement District. Background Information: Westwood Street Local Improvement District was established on January 7, 1998 (Resolution 98-01) at the request of the developer(Ms. Anna Hassell) and with the consent of the majority of the impacted neighborhood. The street improvements were required as a condition of the development on Westwood Street (now known as the Placer Run Subdivision). The formation of this assessment district was a departure from traditional methods of assessment. The developer worked closely with the neighborhood to form an equitable and agreeable assessment rate. The rates established did not conform to any clear mathematical formula but instead were costs that were agreed upon by the participants on a sliding scale based on practical benefit. Unanimous agreement by the developer and all homeowners within the district was not possible. Council intervened in the assessment decision for the five(5)lots on Nyla Lane that do not directly front on to Westwood Street. Council committed the City to providing half of the Nyla Lane resident's $1,800 assessment(a total City commitment of$4,500). All other homeowners on Westwood and F:\l1SEl2'OW 11 A\LI DS:W1 S I WOOD 111)SIT PI I SGP7.DOC Placer Run(previously known as Pinewood)had agreed to the sliding scale assessment.By the final assessment agreement and because the developer bore the heaviest burden of the costs, overages or refunds in the pre-arranged amounts were to be awarded to the developer. As a result, the Council's December 15, 1998 action regarding new LID practices to reduce existing LIDS by 10 percent was not applicable. Engineering services were completed by Hammond Engineering. The construction of the improvements was contracted to D. Britton Enterprises who was given authorization to begin construction in January 1999. Final street improvements were completed in June 1999. The original estimated cost to the assessment district was $125,900.00 for design services and construction improvements. The construction improvements contract was awarded at $161,409.46 and final project costs including design services were $196,472.43. The City is responsible for 25%of the sidewalk($3,355.50) and %2 of the Nyla Lane assessment($4,500) leaving the total to be assessed to the District at$188,616.93. The original assessment contained 15 lots, and established fixed costs for all lots with the exception of the two lots (901 and 902) held by the developer. Credits and overages were to be applied to those two lots. The developer has since further divided lots 901 and 902 by the creation of the Placer Run Subdivision. Final assessments to each lot are shown on Exhibit A. M1. F:':USI:RI P,1 IILAAADSl\N IS IWOOD I IDSL'1 PI151:P71)OC RESOLUTION NO. 99- ADOPTION OF A RESOLUTION SETTING A PUBLIC HEARING FOR THE FINAL ASSESSMENT OF THE WESTWOOD STREET LOCAL IMPROVEMENT DISTRICT TO PROVIDE FOR IMPROVEMENTS CONSISTING OF PAVING, CURBS, GUTTERS, STORM DRAINS, SIDEWALK, AND ASSOCIATED IMPROVEMENTS, FOR THE EXTENSION OF WESTWOOD STREET FROM ITS EXISTING TERMINUS AT ORCHARD STREET, APPROXIMATELY 1300 FEET SOUTHERLY THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Council having received proposed assessments to be charged to lots within the Westwood Street Local Improvement District, orders that a public hearing be held to consider objections to this assessment at 7:00 p.m., September 21, 1999, in the City of Ashland, City Council Chambers at 1175 East Main Street. The City recorder is directed to mail the attached notice of the proposed assessments to the owner of the lots to be assessed. This resolution was read by title only in accordance with Ashland Municipal Code_2.04.090 duly PASSED and ADOPTED this_day of , 1999. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney f:'..USGR\P:1ULA\LIUs\q'cstwooJ LID PI I Reso.doc NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS TO PROPOSED ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN THE WESTWOOD LOCAL IMPROVEMENT DISTRICT Please take notice that the Ashland City Council will hold a public hearing to consider objections to the proposed assessments for the assessment district described above. The proposed assessments, a description(by map and tax lot)of the property to be assessed and the name of the property owner are attached to this notice. The public hearing will be held at: 7:00 PM, September 21, 1999 Council Chambers 1175 East Main Street Ashland OR 97520 The Ashland Municipal Code requires that any objections that are filed must be in writing and must state the specific grounds for objection. Objections must be received by: 5:00 PM; Friday; September 17, 1999 and may be delivered or mailed to the: City Recorder Ashland City Hall 20 E. Main Street Ashland OR 97520 Please note that assessments may be modified by the Council and will be levied by the Council after the hearing, will be charged against the property, and will be immediately payable in full or in installments (if applicable) following the levy. P:\U513.IL\PAUI..A\L,1Uti�\'cstwnud LID PI I Rcsu.doc 9:1 1 2: 3 1 l :: ] 1 ;. 12 r . . + _: t % iA ] : r16a[: r : t C $f aa3"n93 . : • _ T , iy je � a = [ ] . 115 llFafil S�Y ! ! e6 ! Ti 14 Ai �4Yi7 �eaa ycy4j +g4 ilg9cTcilY� iia4 : � � ` ° '9sc4g • i : i°�e5eeee � 'r 17a1T2T31i : aa: ':' . . lfllSltJli_ pfa � t ��eeli . itli4Ylii7rarrr : Iffii7aC�i 4l �4 S5e595555 ./r y . _ [ 6 [ : J:rd : icrlaAAJ:_ :r ! — TeCY � CFf tal !l ��iifiS �al �l� l �141lYpl15i(ai3 \ —�� _r°� � at :[ AdJ :. ]: :Jt:]] 'a _:]eJ:.',a Yap + . ; •"[ : pia . ? iAA- '` i i '_ [ Y ( Aa y .` � ' /� a :Ri: . pl ia , Te ?•iii ieA4i + i� 1 # : i @� , \ — s4 ?9 �; i ai� � lt�3' s � i ��3�;tt �f4ltitaaaaaaa! `� — /' • r a i;i5Y4a ;;l �] E4� 17i� 1if lilt CID f ! INTy � _ —. — !14 ili4j !i !,- 4 � : �, i: .iv•Ya � ] ]J9]1 t s33 J J : : t 0) ' i —Cl IcC•tfci'`` — BOA ` P� h yy' 4 I ,5{ l477E4l44l �1i! JV,i+ii � /, k ., � � •Yr f�. r •, + C• r' s— �� liFaF�l1 � 233761li O v � 'f/;:i: � 4` —�'r\• •� •— — � 9i. liaftiilia3EU � �� !_• '.� ,y , : rJ: JJere:e tea : [: : :aec: ta- : acct : : _ j f• [ a-f FAry: a . - !� p{• F} pprp`p�%f Y7t 5if�CS ']TiYyE(df'- d, . I Q Q / ` � � l i l� CSF3l�daS3 �iA6S3to12< <44�35Sa •I � 3 a: ta ::d: d t;di . C6: } l , a _ _ A � �� � e`j :�` e .ai HF il ` ! '� � ; � f �a ' �i {•{ ysy c? y4741 ! , o 00 1 T I NNE � / � � ........... Jim WESTWOO■ STREET ASSESSMENT DISTRICT SCALE 1"=2OU 11WROVEMEN1 DISTPJCT SUMMARY OF WESTWOOD STREET LID COSTS ESTIMATED COSTS CONSTRUCTION D. BRITTON ENTERPRISES $ 176,991.18 ENGINEERING HAMMOND ENGINEERING $ 15,376.60 INTEREST&ADMINISTRATION $ 4,104.65 TOTAL $ 196,472.43 COST BREAKDOWN STREET CONSTRUCTION $ 123,127.88 SIDEWALKS $ 13,422.00 STORM DRAINS $ 40,441.30 SANITARY SEWER $ ENGINEERING $ 15,376.60 INTEREST&ADMINISTRATION $ 4,104.65 CONSTRUCTION SUBTOTAL $ 196,472.43 CREDITS SIDEWALK(25%OF S/W COSTS) ($13,422.00 x.25) $ 3,355.50 CITY PARTICIPATION (1/2 OF$1,800) FOR 5 LOTS OFF NYLA LANE $ 4,500.00 TOTAL INITIAL CREDITS $ 7,855.50 TOTAL ASSESSABLE COST $ 188,616.93 G:Dawn\Engineer\Westwood Summary 8-2.xls 8/2/99 C G C ❑ O O n. U O L t t t LCO LaD O a � .r p. U •; O Q r U � A A � a < „ � c W � o V rn N a a CN 1/ b0 Z ^ y N N N N N ON 3 N :3 (7 h CA h Q Yt Vl vl N h a ZZZ W � a 2 3 p U a p a ap o ¢a o w a O E y ti u wq p a 3 z W z x W CA Q ¢ �°o ¢ U N°Oi Q ?C Nei Q u. 00 n N L� F Q Q Q Q Q 0] A m000 ca ~' O• T O� O1 � M M c •ti M M M M � � � C m � � Q E zl ?? W E ' C O O � CL 0. 0 ii C • > > O Y C O C O U O N O N !n N Y M :7, 0. 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N Q A; oo O Q ,y c5 H X N y F- ¢ ¢ ¢ ¢ w c 3 T a 0? v ro a 3 V c M M M M C N U y W Z y U � n -- N N1 OI W O O z E Cygnus Emergency Response Triangles' PO Box 3425 Ashland, OR 97520 www.CERTriangles.com What Are Cygnus Emergency Response Triangles'? Cygnus Triangles (sometimes called CERTriangles) are a new idea for building and maintaining communication and cooperation in any community during local, regional or national emergencies. Cygnus Triangles placards are simply 10" multi-colored cardboard squares which can be folded along one diagonal into four different colored triangles. How Do Cygnus Triangles Work? During any declared emegency, each household would display their folded Cygnus Triangles in the middle of a large window facing the street (or on a fence post or mailbox in rural areas). Four different colored triangles are possible: GREEN: All is OK (for now) YELLOW: Non-Urgent Need or Request RED: Urgent Need BLUE & WHITE: I Can Help! (I have skills or resources to offer; I want to volunteer to help) For the duration of the emergency, each household would display their Cygnus Triangles in accordance with their current status, changing them as needed. Emergency response staff or selected volunteers can monitor entire neighborhoods in munutes by driving by (or biking or walking) and, with simply a glance, know the current status of every household, locate and prioritize needs, identify volunteers and resources, and communicate this information to the command center for appropriate follow up, all without telephones. Where no Cygnus Triangles are displayed, a follow up visit by volunteers can provide the household with a replacement placard, and explain how it works. If no one is home, GREEN can be posted on the outside of a window by the volunteer. Approved Emergency Support Sites (hospitals, schools, public shelters, etc.) would display a full-open, diamond-shaped GREEN/BLUE & WHITE Cygnus Triangles placard so locations where help can be found are easily identified. Why Should My Community's Emergency Planning Include Cygnus Emergency Response Triangles'? - Cygnus Triangles are easy to use and understand - Cygnus Triangles are affordable, as little as $.15 per household or free if local sponsors fund the printing costs - Cygnus Triangles are an effective means of communication without telephones - During a declared emergency, individual household needs can be identified, prioritized, and located throughout the community quickly, with simply a glance - Entire neighborhoods can be monitored regularly by a very few people - Residents could stay at home in safe, familiar environs during the crisis and know that the neighborhood is being monitored and appropriate response will be forthcoming as needs arise or change - Additional volunteers and valuable emergency assets could be located with ease - Authorized Emergency Support Sites would be clearly identified - City officials would have a viable community contingency plan on hand, ready to implement on short notice when needed - Cygnus Triangles can help alert neighbors to needs in the neighborhood and prompt neighbor- helping-neighbor responses - GREEN Cygnus Triangles help communicate a message of calm, control and resiliency during difficult times - Cygnus Triangles can be shipped and delivered in six weeks or less - Cygnus Triangles can be used by Neighborhood Watch groups, mobile home communities, condominium developments, apartment complexes, retirement communities, resorts, churches and synagogues, school districts, neighborhood associations, and other groups within larger cities for their own neighborhood emergency planning, even if their cities do not utilize Cygnus Triangles for city-wide disaster planning - Neighborhood or community-wide emergency drills could be held once a year to familiarize citizens with Cygnus Triangles, identify and locate new volunteers, and update emergency skills and resources data - Cygnus Triangles can be distributed to households before an emergency -OR- stored at city hall, local fire stations, property management facilities, apartment manager's offices, emergency response service providers, etc. in readiness to be deployed as needed Where Do I Get Cygnus Triangles? Cygnus Triangles may be printed for free right off the internet for individual household use Y� (color printer required). For order information, visit www.CERTriangles.com or write to Cygnus Emergency Response Triangles , PO Box 3425, Ashland, OR 97520. Shipping and handling costs are included. How Can I Print Cygnus Emergency Response Triangles' In Quantity? Receive a set of original Cygnus Triangles templates and printing specifications to bid out the printing project to a local printer by e-mailing wschumacC&mind.net or writing to the address listed above. r Cygnus Emergency Response TrianglesT"' PO Box 3425 Ashland,OR 97520 www.CERTriangles.com •� .� "A Ncighborhood-based Community Contingency Plan for Any Emergency" Cygnus Emergency Response TrianglesT' (also referred to as Cygnus Triangles or CERTriangles) are simple to use and understand. When folded one way or the other, different colored triangles are possible as described below. During any declared emergency each household would display a Cygnus Triangle in the middle of a large window or on their front door according to their need. The triangular placards should be firmly attached and clearly visible from the street. When needs arise or change, the triangles can be re-folded to the appropriate color and displayed. Once contact has been made, GREEN can again be shown. When the emergency is over, Cygnus Triangles can be stored in readiness for the next disaster drill or actual emergency. GREEN OK (for now) - Display GREEN to signal that all is well for the time being. NON-Urgent Need or Request - Display YELLOW to signal a NON-urgent need such as: ELLO - You have a question or concern - You need to contact someone You need to borrow something - You want to talk to a volunteer - Etc. URGENT - Display RED to signal urgent needs such as: - Illness or injury - Medications, prescriptions needed RED - Crucial health/safety matter - Life-threatening situation - Etc. I CAN HELP! - Display the WHITE & BLUE triangle to indicate you are willing to help or be a volunteer: LUE You have medical training, skills - You want to volunteer & WIHTE - You can loan or share something - CB or HAM radio operator You can help shelter people - Etc. ---------------------------------------------- NOTE. Only authorized EMERGENCY SUPPORT SITES are permitted to display the following diamond- shaped Cygnus Triangles placard: BLUE EMERGENCY SUPPORT SITE - Authorized emergency support location & WHITE trained assistance can be found: GREEN -School, churches, shelters -Neighborhood support sites - Red Cross, FEMA, CERT - Other authorized support locations Etc. The name Cygnus Emergency Response TrianglesTn'is the sole and exclusive trademark of Wayne Schumacher. All rights reserved under the trademark laws of the United States. The text,layout,and design of the Cygnus Emergency Response Triangles""all are copyright O Wayne Schumacher 1999. All rights reserved. Any copying of all or any portion of the Cygnus Emergency Response Triangles""without the prior,express,written permission of the copyright owner is subject to penalties pursuant to the United States Copyright Act. Permission is granted to download and print one copy of the Cygnus Triangles for personal household use:www.CERTriangles.com (Color printer required.) B E R R Y A R C H I T E C T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460 E A S T S E C O N D A V E N U E EUGENE , O R E G O N 9 7 4 0 1 T E L E P H O N E (5 4 1 ) 4 8 5 -3 9 7 0 F A X (5 4 1 ) 4 8 5 -8 4 0 2 City of Ashland Hillah Temple Conversion to City Office Building Concept Studies A PROFESSIONAL CORPORATION September 7, 1999 A R C NI T E C T U RE PLANNING INTERIORS B E R R Y A R C H I T E C T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . 4 6 0 E A S T S E C O N D A V E N U E EUGENE, O R E G O N 9 7 4 0 1 T E L E P H O N E (5 4 1 ) 4 8 5 -3 9 7 0 FAX (5 4 1 ) 4 8 5-5 4 0 2 September 7, 1999 Mayor and City Council City of Ashland 20 East Main Street Ashland, Oregon 97520 Mayor Shaw and Council Members: . Alternative concepts for the conversion of the former Hillah Temple for use as a City Office Building are attached A draft report,presented to the Council on August 5, 1999,contained a space needs assessment and initial studies of two and one story concepts and estimates for the Hillah building conversion.For purposes of continuity of presentation and comparison with additional studies presented herein,site and floor plans from the previous report are also included.These plans are Conceptual Study A:Two Story, and Conceptual Study B: One Story. At the public meeting of August 19, 1999,several site schemes for the Calld Guanajuato were presented. Also presented were a number of building elevations for the two and one story concepts, along with sections through the site and some ideas for treatment of the Alice Peil Stair. These drawings are reproduced here for your consideration.Estimated costs for the Calle elements are also provided. One additional concept was requested at the public meeting.This scheme,also included for review, is called Conceptual Study C: One Story,with the main entrance facing northeast toward the City Hall. Plans and elevations are provided. Thank you for the opportunity to be of service to the City.We are prepared to continue with the project with your direction. Sincerely, J (Jack)Berry,AIA A PROFESSIONAL President CORPO QATION ' JRB/pl Vii, , ARCHITECTURE PLANNING INTERIORS TABLE OF CONTENTS From August 5, 1999 Draft Report Conceptual Study A: Two Story Site Plan Floor Plan Concept Study B: One Story Site Plan Floor Plan From August 19, 1999 Public Meeting Presentation Building Elevations Conceptual Study A: Two Story - Scheme 1 Conceptual Study A: Two Story - Scheme 2 Conceptual Study B: One Story- Scheme 1 Conceptual Study B: One Story- Scheme 2 Conceptual Study B: One Story- Scheme 3 Conceptual Study B: One Story- Scheme 4 Sections through Site Existing Conditions Concept Study A: Two Story- Scheme 1 Concept Study A: Two Story- Scheme 2 Concept Study B: One Story- Scheme 1 Calle Guanajuato Plans Concept A: Two Story - Scheme 1 Concept A: Two Story - Scheme 2 Concept A: Two Story - Scheme 3 Concept B: One Story - Scheme 1 Concept B: One Story- Scheme 2 Concept B: One Story - Scheme 3 Concept B: One Story- Scheme 4 Alice Peil Stair Modifications Concept Study Scheme 1 Concept Study Scheme 2 Concept Study Scheme 3 Studies since August 19, 1999 Conceptual Study B: One Story Revised Floor Plan Conceptual Study C: One Story Site Plan Floor Plan Building Elevations Estimated Construction Costs Public Toilet Room Trash Enclosure Stair Improvements BERRY ARCHITECTS, P.C. 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SYHOM O112nd T 8 1 o a 1 i H o u tl A u u a 9 A3O AlINf1WWOO 3 2 N w J F Z , J �-' o- -�- � w zw 0561 =3N W<nm6 p 1 y OR i i e Aw- ZVI t � :,`� r `• X35 �'� `a"" l(\�1I '.�k��.• I :.I w x. � I V I .. . «r: I Versa ".+l T-0' S a 1 '� \ i x n. �S sit � & ,_a ,a a _ „icr:3 0NOO :GNVi�:10 ALM 2 NOIIVUISINIWaV : , e2 /®- � - H v3 a =GAm_e � . q - » 5 � / 4 © � ^v> ® , 2 § . < z � / s f l > r ( . x » >eIt, . u- rx� Xq rs x ryT"'1 � f tJt � h• �:ftiklfx ((( 1 � Y ff. 14 r BLS � a uw p © �10 ' Q vl� ® �_] W lu o® t o -� 'PR F_nI�I Q 1313 0 o 4fC w- C ❑III'® ,ol olloKul dos TIN 11 w Evil I ia li !� I S . 1 - a1. . • e CITY OF ASHLAND CALLE GUANAJUATO ESTIMATED CONSTRUCTION COSTS 8/19/99 Revised: 8/20/99 Area or Unit Unit Element In Sq. Ft. Cost Cost PUBLIC TOILET ROOM Men&women,6 fixtures each A. Stand Alone in Calle Guanajuato 480 $229.67 $110,242 B.Adjoining Public Service Building 442 $205.46 $90,813 C. Expand Public Service Building Toilets and upgrade for use 182 $207.86 $37,831 TRASH ENCLOSURE Masonry walls,slab,fence 480 $34.99 $16,795 STAIR IMPROVEMENTS A. Rock faced wall on east side of stair $17,678 B.Add planter east side of stair $26,277 Stair Improvements Sub-total $43,955 C.Add steel and glass canopy over stair and planter $44,335 Total All Stair Improvements $88,290 BERRY ARCHITECTS,P.C. Estimated Construction Costs—Page 1 CITY OF ASHLAND a �y. Administration o ° MEMORANDUM " DATE: September 3, 1999 TO: Mike Freeman, City Administrator FROM: Greg Scoles, Assistant City Administrator RE: Hillah Temple Expansion At the Study Session on August 5`h the Councilor Reid requested information about the amount of counter traffic the combined Community Development Department and Public Works Administration/Engineering could expect. She was concerned about the number of parking spaces, which might be required for these co-existing uses. At the meeting we discussed how difficult it would be to equate specific parking needs to the number of people at the counter and pointed out the uses currently exist in the downtown area. However, I did agree to provide some rough information, which Councilor Reid could use in her evaluation. Public Works Administration/EngineerinQ ❖ Data was collected for the week of August 9h ❖ There was an average of about 14 customers a day at the counter. ❖ The highest day was Monday with 24 and the lowest was Tuesday with 7 Community Development ❖ Data was collected for several days in April ❖ There was an average of about 35 people a day at the counter. ❖ The highest day is typically Thursday when they have "over-the-counter"permit day, when they can expect 6-12 customers at the counter at one time. ❖ Time at the counter ranges from 3-45 minutes. Based on this limited information it would appear that we could expect as many as 50 customers a day at the counter. If you average this over the available counter time it is something less than 6 customers an hour. PAUL R. ROSS R 52 Ora Ic S[ Ashlaml, OR 97520 f//11Ax1 . ,UGCl I��voEV Tim sy�r�.v� L✓as- >'ffves�,�r ,4-r - _- T/fz� TErt�cE ,�D/L iyos<< vr"- US< l�i� Lidf o.�J _ _ CTQcG �G✓v�ES .�![/!� C<f/17FC7 S >�i+20/Y 46- 6- . E o v J �UlZ �/G C.o�t/CE,e.�J �S Y U �1/lsT ,l�NOUJ L /✓E .P16 �E!/r v� r o/L Off/ TaG oF 771& 7£�/PeLJ /�.r/l iA•�/V` 1"419 77o.riil c AL-/G.Vr7 . . __ _ I frJov� v Tirr�E ovT 06,12 1116;U o: 77t6-' AOO-Aelw-/stselydv¢ !.v .TXhs ffovsc' tea_ /s ycs .Qccs%e.FiYEi✓s- G/!/!N6 l.rJ /�SMz..9-,✓0 / � � <y�no,v ���i Gr/G �/���v r� /f�ti`L1t,✓a /.iv eve s T oa sue? -- —— -- /rl//L L /✓C` � !OC/.2 GU!!N�°.1L �E�T7NG� vra7 Y �U�no.vs Ox sw S - �0 77/z� C%v!/N(EtL . xx William D. Sauers 90 Middlefield Road, Suite 104 Direct Line Attorney at Law Menlo Park, California 94025-3510 650-329-5993 Telephone: 650-329-5990 Facsimile: 650-329-5995 �( ! August 26, 1999 rW,! Ai The Honorable Mayor, and The Ashland City Council ------------- ---------`- 20 East Main Street Ashland OR 97520 Re: Remodeling of Hillah Temple \ Dear Madame: I would appreciate it if you would provide a copy of this letter to each of the Council Members prior to the meeting scheduled for September 7, 1999 on the above subject. We own the house at 55 Granite, on the corner of Baum, in Ashland, directly across the street from Paul Ross, our neighbor, and nearly directly across from the Alice Peil Walkway. We live part time in Ashland, and part time in California, with Ashland as our ultimate destination. Barbara and I have been Ashland and Oregon Shakespeare supporters every year since 1973, and we bought 55 Granite seven years ago. After the flood damage was repaired and the new bridge installed, we were amazed at the prominent display of lights emanating from the improvements. This has been corrected to some extent, but we are bracing ourselves for the next incursion into neighborhood tranquility if the City goes ahead with the apparent plans to increase the size of the old Hillah Temple. We are given to understand that the City may also seek to improve the Alice Peil Walkway, thus inviting more visitors up into our residential neighborhood for all day , but close in parking. In the seven years that we have been Ashland residents we have noticed the steady increase in the traffic on Granite and on Baum, and a concomitant increase on the number of all day parkers on Baum, extending up to Pine Street, and the alley to Almond and High Streets, now, and beyond. If the new addition proposed for the Temple is put in place, and therefore more City employees will be looking for parking, and up the Alice Peil is pretty convenient as it is. Any so called improvement to the walkway would only mean a widening, and thus a clear invitation to the neighborhood at the top. Actually Baum Street is too narrow for any parking and it should be eliminated altogether. Recently, a visiting friend had the mirror on his Explorer bashed off while legally parked on Baum. When there is an event in the Park we get parkers in our driveway, illegally parked across the street, and if I had an appropriate ramp they would HAMILTON DOLTON&SAUERS LLf' August 26, 1999 Page 2 Attorneys At Law park in my living room! As it is we get regular downtown employees using Granite and Baum as a parking lot now. At first we thought that the purchase of the Temple by the City was a good idea, but with the grandiose expansion plans the ambience of the Park entrance will be changed to a more commercial use and certainly an encroachment on the adjoining residential use of Granite Street. We are not against change, or change in the guise of progress, but when the change is destructive to what is so uniquely Ashland, Oregon, we feel it is necessary to protest. I would like to appear at the September 7, 1999 meeting and voice our concerns and answer questions on this matter Yours truly, HAMILTON DOLTON & SAUERS LLP B : William D. Sauers Enclosures (0) WDS/mcd Cc: Paul Ross August 24Ashlmd City Ltr.doc FROM MJC Arch & Engr FAX NO. : 575 6937 Sep. 07 1999 10:01RM P2 August 31, 1999 To: Ashland City Council and Ashland City Parks Commission From: Douglas R. and Linda G. Smith Re: Conversion of Hillah Building We have lived just above the Hillah Temple since 1977, first as renters at 52 .Granite Street and then as owners of 60 Granite Street from 1979 to the present. We currently reside in Modesto, California, where we work and hope to ultimately return to our Ashland home. We have several concerns about the intended change and use of the Hillah Temple site. Our first three items speak to the proposals submitted by the Planning Department. The fourth offers an alternative view which could solve important problems 1. Visual and aesthetic guality: Presently, the most distracting element to us as adjacent neighbors of the Hillah Temple is its massive flat roof. We strongly oppose any increase in the building's because it would further obstruct our view and create a worse distraction to those viewing from the park. Some of the charm of the park is the view of the residential hillside with historic homes. The Ashland City Fathers and Mothers chose to keep the height of the Hillah Building at or below the hill behind it in the 1950's or 60's; we should be at least as sensitive to this matter today. Another present problem is the unsightly and noisy air-conditioning equipment on top of the building. We would hope that any air conditioning equipment on the remodeled building would be mounted low and away from the residences behind it to lessen noise and visual impact. Increased lighting from the building into our yard and home is also an important concern. 2_ Impact of parking on Granite and Baum Streets: Granite Street and Baum Street are used as a parking lot for business owners and workers in the plaza area_ The same cars are there every weekday and those of craft-fair vendors on weekends. Because parking is limited to one side of the street, people use our driveway to turn around for parking, often running onto our lawn as well as causing a traffic hazard on Granite Street. This is inconvenient for us and people who come to our house; we tolerate it as part of living in the community. However, adding city offices closer to Alice Peil Walkway, with or without inevitable growth, is asking us to accept even more impact on our neighborhood. We believe it is asking too much and Ashland should solve the parking problem before it converts the Hillah Building to city offices. 3_ Specific criticism of concept A and: Plan A includes a second story, with approximately 8 feet increased elevation which will have double the visual impact since the addition to the building would be brought forward and closer to the park. Both Plan A and B create on-street parking (not parallel) instead of the present parking lot, which will cause congestion and hazards on the curve of Winburn Way which is a major tourist and pedestrian area. Plan B expansion creates more visual impact than the present building and also provides eight fewer possible parking spaces than are included in Plan A. FROM : MJC Arch & Engr FAX NO. : 575 6937 Sep. 07 1999 10:02AM P3 page 2 (D. & L. Smith) 4. An opportunity Is upon us to enhance the park entrance area while we Improve the building appearance and Increase city office space. The plans to expand the building seem inappropriate for two reasons. First, the appearance should be scaled down instead of increased as the view from the park should keep the scale of the Winburn Community Center next door. This building project should be recognized as a partial solution to needed city office space - not the only solution. It would be a terrible and negatively symbolic action if the most used area of Uthia Park - the traditional symbol of Ashland's attraction - is depreciated by the need to accommodate government offices. The increased usage of the area by city employees and those doing business with the city must be considered. Of great concern is the impact of increased traffic entering and exiting an already congested pedestrian area at the entrance to the park and to Guanajuato Way. Simply refurbishing the building.and increasing square footage should not be the only proposals. In the broadest perspective, the building space should not be increased but should be limited so that activity is not too burdensome to an area which is park and residential-use. We feel that the project plans should not be preliminarily approved without further study of the impact of usgge- not just the architecture - of the building on the park entrance and neighborhood. The Ashland City Parks Commission should be consulted in the earliest stages of this project and will hopefully be strong advocates for the continued well-being of Lithia Park and its adjacent area. As stewards of a beautiful historic area of Ashland, we hope that the City of Ashland will hold itself to the highest standards of fairness, restraint and appropriate historical and architectural quality, with minimal impact on the park and its neighbors. Thank you. Sincerely. Doug and Linda Smith owners of 60 Granite Street, Ashland 1425 Ashwood Drive Modesto, CA 95350 tel. (209) 523-1014 Sept. 7,1999 To Mayor Cathy Shaw and Ashland City Council: We are writing concerning the Hillah Temple remodel. We support our"across- the-street' neighbors, of course, and sympathize with them in their concern for their view and property values, but more importantly we feel the size of the present building is already disproportionately large. It has always felt to us out of place as we enter the park area, and has a negative impact - we would suggest bringing the height down as much as is practical, to be more in keeping with the other buildings adjacent to it and to encourage a park-like ambience. We understand the need for more parking,-but the few additional spaces provided on this property won't solve the problem; it seems a waste of valuable space. (Perhaps a parking lot at the edge of town, with a shuttle,as Jacksonvile has? ) If Marilyn Briggs' suggestion to position the entry on the corner of the building could be incorporated, and the building be less overwhelming, we think it could be a very attractive addition to the area without-seeming like an expansion of downtown into the park. 4. AWPP or HAZRrD FACTS Follwirg the 1974 flood so much erosion was dumped into Reeder Reservc__ that the D"Q placed a moratorium on all Forest Service activity in Ashland 's 'Watershed until the City of Ashland and the Forest Service could come to an agreement regarding managment in the watershed . At this point the TPA helped to fund an independent watershed study done by James M. Montgomery Consulting Fngineers . The study found that 3/4 of all erosion to Reeder Reservoir was the result of man's activities , specifically management practices by the USFS . One of the major issues of concern was Fire Management. The study states , "the Forest Service has appeared at times to be inclined to justify a number of intensive activities within the Watershed in the name of Fire Management . : In 1982 the city reluctantly signed an interim plan with the USFS to allow management to resume , this was referred to as a short term agreement. The concerns of the city regarding the draft are listed below. CONCERNS OF THE CITY OF ASHLAND REGARDING THE FOREST SERVICE INTERIM PLAN This paper summarizes the concerns of the City of Ashland regarding the Forest Service long-term objectives and Interim Plan for the Ashland watershed. The - Forest. Service has requested "concurrence" by the City with the draft of the Interim Plan which. has been reviewed and previously commented on. However, without certain revisions and additions to 'emphasize municipal water supply as the number one priority and outlining certain aspects of the planning pro- cess leading to the 1982 plan, we cannot concur in the Interim Plan. viously the City has attempted to come to agreement with the Forest Service never possible. However, at this point, based on the Interim Plan and dis- sions with the Forest Service, it appears to us that the Forest Service's g-term objective in the watershed is to emphasize timber removal. This, believe, will seriously impair the municipal water supply values of the ershed. We are also concerned that we are consistently reminded by the est Service of past instances where we have "concurred" with management ivities recommended by the Forest Service that later resulted in major blems. Consequently, we do not concur with the Interim Plan as drafted date and are concerned about the Forest Service's Ashland watershed mar,- objectives related to municipal water supply. 1 The early 1990 's saw yet another major timber sale from the Ashland Watershed which still relied on the Interim Agreement. The sale removed 8 million board feet of timber, or approximately 2000 log trucks . The reason given for the sale was Fire Hazard Reduction. In 1993, Clinton 's Northwest Forest Plan defined Ashland's Watershed as Late-Successional Reserve (LSR) . All management in an LSR must be done to promote the health of the ecosystem and return the area to premanagement conditions . The area under discussion in the Ashland Watershed Protection Project is entirely LSR or Spotted Owl habitat . The Forest Service 's presciption of a long term management campaign does not fit the definition of an LSR. We need a project that looks to returning this area to its premanagement state where wildfire was integral to the ecosystem. Alternative 5 from the AWPP Draft EIS is the Forest Service 's preferred alternative . This is the exact same project from the HAZRFD Notice of Decision . This is not a new alternative and still includes the removal and sale of 3 .3 million board feet of timber. The EIS only offers more alternatives and makes the sale more difficult to appeal in court . The USFS almost always chooses the preferred alternative . Ashland Ranger District is also working on the Wagner Gap Timber Sale . The sale is 2-3 million board feet of timber and includes logging and road building into the Mcdonald Peak Roadless Area. The area is defined as an Adaptive Management Area under Clinton's Forest Plan, one step below an LSR in terms of protection. The reason given for the sale is once again "Fire Hazard Reduction" . The sale is included on the list of sales to be stopped by Judge Dwyer's recent court injunctions . The reason for the injunction is that proper wildlife surveys were not completed . The law as defined by Clinton's Northwest Forest Plan was not upheld . I OFFICIAL NOTICE TO CITY RECORDER AND FILING OF INTENT TO VETO COUNCIL LEGISLATION BY MAYOR CATHERINE M. SHAW On August 7, 1999 the Ashland City Council passed a resolution by a 4-2 vote titled: A resolution expressing the sense of the council with respect to the moral obligation of city government to help ameliorate the effects of certain decisions taken in the public interest. I would like to briefly outline my objections to this resolution and reasons for a mayoral veto: 1. This resolution as written does not specifically outline what the City would or would not do in a situation that may be interpreted as "deleterious effects upon specific individuals." 2. In section one it infers that even where monetary compensation may be legal the city may have an obligation above and beyond that, contradicting the section three. 3. There is no attempt to define what would constitute deleterious, moral, or "a step beyond what the law requires." I urge the council to think carefully before imposing any ordinances or resolutions that attempt to legislate moral obligations. Is this not a first step toward legislating other areas that society feels are our moral obligation? 4. This resolution is simply a good-neighbor policy. The council and government should be dedicated to the principles of such by way of their oath of office. Do we need to legislate what we should be doing anyway? 5. Resolutions, ordinances and contracts should be measurable, quantifiable concepts that help to the guide both this and subsequent governing bodies. They should not be obscure feel-good, politically-contrived words that lack substance and clarity. l� Council Communication Public Works Department Granting of Easement to the Hardwicks September 7, 1999 Submitted by: Paula Brown Approved by: Paul Nolte 1 , - Approved by: Mike Freeman Title: Granting an Access and Utility Easement to Eugene and Patricia Hardwick Synopsis: The proposed action will authorize the Mayor and City Recorder to sign the attached easement granting Eugene and Patricia Hardwick access rights and utility construction within a 20 foot wide strip of land owned by the City. The Hardwick's own lot 39 lE 1OD-206, which is basically land locked. The Hardwick property is outside the City limits and lies between E. Main Street and the railroad which is aligned with the proposed extension of Normal Avenue to the north as shown on the attached map. Access to the Hardwick property will be formally granted from E. Main Street and requires that easements be acquired from the owners of tax lot 39 1 E l OD-100 and tax lot 39 1 E l OD-290 owned by the City. The City's ownership of tax lot 39 1E l OD-290, was for property held in reserve for dedication as street right-of-way for possible annexation and extension of Normal Avenue through to E. Main Street. Recommendation: It is recommended that City Council adopt a motion to approve granting the attached easement for Eugene and Patricia Hardwick for access and utility construction, and to authorize the Mayor and Recorder to sign the instrument on behalf of the City of Ashland. Background Information: In November 1981, the City of Ashland received, by Bargain and Sale Deed, a 20-foot wide by 970-foot long strip of land as a possible future extension of Normal Avenue. The deed was conveyed to the City by the Oregon Institute of Technology who had acquired the property through probate of the Ada Erb estate. Although the narrow strip of land can be used for little else other than as a future street right-of-way that usage is not specified in the deed. The City acquired the property in fee simple. G:Pauhf(:ouucil\CC Hardr+'ick Fasement.x+'pd An independent party is proposing to purchase a lot from the Hardwicks (391EIOD-206) which fronts on this strip of land. That party's title company has informed him that even though the City may consider this strip of land to be a street right-of-way, no dedication has ever been made to officially create a street right-of-way. The property must be considered as an independently owned property with the City being the landowner. As such, easements must be obtained for the use of the property as an access and utility corridor. Additional easements will be acquired from the property owners to the north(39 1 I OD-100)to fully connect the property to E. Main Street. The easement to be acquired is limited to that portion of the 20-foot strip of land that is adjacent to tax lot 39 lE lOD-206. Attachments: Maps Easement Form Instruction No. 82-00957 5. G:Paula.Couucil\CC.Hardwick Eascmen[.%vpd N I M 7 1 VF I t0 I n I co I m I ' [a iLr::E: Jat: e_Ct! [ ]Ydl [ diJ8 E s 3 a t[ i f ap a r a ::34 9E[::e ..: i !: l d!]06:r.3 E: ral p • ER E.aYAa a _ - f 6 a a a e• :a CSCa eF3c Skiv...... 't q ' ; ?. 6747ar : e${ ^ ' `Ya St 6137 $ad]. $i3 . i `c11a 'dia .•99 g : : d ; r p :::v lat $ g( i( i! { Y$ 3i6i rr`( � f(- t � 4sa �R. Y {' -I d` fsigqaaqq E'FtlY • ea:3 -` � ia ` � ltrl �r : pie .a-weave t!f Si3�TST3 ilidi: . .:� � 1 IFC! . . @. a�. E Slvs 27 ri $ 1lFils:Ei i : itfrxt diti �E�ctz°y; LC [ r 3 : [ a6 : :El TO Et II+ (.0 1 a d""4 : $ t• IS - ad�!!$ ir }eE33,, , $3j 3 " � JadCS � E� E% i E : lj $ ii : rrrx t3 ti i4 } x{ � ? i �iyg9lad'rddS � _�— _�'_ � fT:aaa: r•a: :L f J1: :3[::ae J:C 31J it: :d:t:is ♦ , • \� _ ) 99• f1 ���..y6Y 65S { { ! i'� t , ` / a435t� ISic inc t \� — Li$ tYarY� 9.4 ddd�4�. i Ed - 4ititaaaaaaaYE �- `\ N . 1 Y i :•r3 Eno `p-.. F. I i i a - itiridl6�t: a ;� a� C� "° — h �• —. — : tataaa: asaa: l: a ~ � t � • � —• S� c .Et• aSa S§3�1 �li�i i{ � $E$ — ia ' � — x � -I 7 Y�,,•,• 1 1 t•4 4 .r — �,I�•, •` �.` � �. ] j L Y�d Y s( 1 1 � �t 1 � $ U la i a 3: 3 [ a t:a:=t a: — ( _ t --\ �i ` i—" 1 •'�� t�!l : s:e:: taa: l : a : lc : : fa - : ade. :s _ �` d • � a i ri � 3 :� ea:a e. Ej � +�{+�{ }} }} :3 , • ri F 'y -J Y : e �d3FF ". . f Q Q � t � Y — tatsa Jll ii � i $ ( Ed..3 �l7a3.�5 � 95aS oid 'p if Ed35 : a 33 a]a t 1 E : a:: [ E : 3 1 ! e7 1 G8 e: b — \ F � ilc : 33 as is _ . • a - 3 I N M to r0 1 n 1 00 1 m CITY OF ASHLAND ENGINEERING DIV. NORMAL AVE. EASEMENT 1000 PROPOSED PRIVATE EASENIENP TO BE AQUIRED rq� 903 907 2 fts HARDWICK PROPERTY 201 kilo a EASEMENT TO BE GRANTED BY CITY . 909 z 910 913 W V gg v� zoa ,x 990 914 � � w 394 300 392 400 IMF 904 900 301 goo g� 700 1 %1 rt <: 500 MR a m 6 rep 0 v+ i e SCALE. I"=300' 100 0 100 200 300 400 500 Feet Em Ix JACKSON COUNTY TITLE 87667ws DIVISION OF OREGON TITLE INSURANCE COMPANY 502 W. Main Street (P. O. Box 218) Medford, OR 97501 (541) 779-2811 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that , CITY OF ASHLAND hereinafter called the Grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto EUGENE R. HARDWICK and PATRICIA J. HARDWICK . hereinafter called the Grantee, and unto Grantee's heirs, successors and assigns an easement set forth herein, situated in the County of JACKSON , State of Oregon, described as follows, to-wit: AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF THE PROPERTY ACQUIRED BY THE CITY OF ASHLAND BY DEED RECORDED 1/19/02 AS NO. 82-00957 STATE OF OREGON, JACKSON COUNTY OREGON; WHICH LIES NORTHERLY OF THE WESTERLY EXTENSION OF THE SOUTHERLY BOUNDARY OF THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, BEING THE PROPERTY BENEFITED BY THIS EASEMENT. TO RAVE AND TO HOLD the same unto the said Grantee and Grantee's heirs, successors and assigns forever. THE TRUE AND ACTUAL CONSIDERATION paid for this transfer, stated in terms of dollars is $ WHERE THE CONTEXT SO REQUIRES, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to individuals and to corporations. IN WITNESS WHEREOF, the grantor has executed this instrument this day of 1999. 'THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930." CITY OF ASHLAND STATE OF OREGON COUNTY OF The foregoing instrument was acknowledged before me this _day of 1999, by Notary Public for Oregon My commission expires Mail Tax Statements to: NO CHANGE - EASEMENT ONLY 87667ws EXHIBIT A Commencing at a stone monument marking the southeast corner of Tract 47 of ASHLAND ACRES, said point being on the east line of Donation Land Claim No. 45 in Section 10, Township 35 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, and being 792.0 feet South of the northeast corner of said Claim; running thence East 20.0 feet to the true point of beginning; thence East 268.0 feet; thence South 178.73 feet; thence West 268.0 feet to a point 20.0 feet East of said Claim line; thence North parallel to said Claim line 178.73 feet to the true point of beginning. EXCEPTING THEREFROM the Northerly 16.0 feet of the above described tract. (Code 5-8, Account #1-11409-3, Map #391E1OD, Tax Lot #206) 0816:99 )ION 09: 47 FAX 541 772 6079 JACKSON Co. TITLE 002 ct / x y o q �R• r[k + r U x( '�� _y,. M_".ar H r 1aY,i •Y' l -r S x x kf z ? 2 xY� F,uF � r,W 'J..rt c x•-, t a r t' y. 1, b !1 tiY,r fv ff L r�` a �/3rr h{',NaW<,, fiaQ. y, + �`ri �x} t x i .: - l '.t7r 1+n�,K,.-�,_.;,•,,,t• �' r<'•_)._A o- t v�tt n�te6'+,!' ,r� + t`N r -e, t-"tr .,} -'T Oa�,r rfb,\. k ,ry any.� M«T'h y,�., IOIOS rt �i rG yh1'.kc '•v�i� �`�ri j EmLPPin and Sala Oned �> 'rt 5+0� �vy ...... ' The STATE OF OMGO!7 Actin and Thro.n ^o >4 0 r M Dy L,uh she ::Ov_ . , O-a t? EI omv y.t CA2It^ for tad oa COhc1f of ts..:.,,LC'7L`79TITUe307 T3C,T...'iL`LOCT. 'O.atox, cadvdya,ro ti t the MgT 0? ASSl'M Gramtcc. tbo follovlaS dose:isms teal property: � � AeCinaira at a 0-am Iona-zz-at tarkirg the Soutbamat ca;rar of Treat 67 of n. f K`y AEi3�A1"1 6[^c2 in Joe7aec Catrty, ore_�_; caid Mrs -.nt belay, on- the East Lima of Danetiom L6%1 Claim ED. 45.in Soction 10, T.nc.Vdip 39 Eocr6, tL^:e3n �r•.F�('s �� 1 Beat, t7L11cmatto Uaridian; Jachtou Cocrq, orate a,.at o pa at 792 feet 3on:5 of Yartbeaet corner at caid claim; thence r,,t 20 feet to t*_a `-�` y«'��,"`` Vortb=bt career of tract described in iwtr�,,t recorded as DOet'.:xnt Co. 47 67.07719, Officio! Pecorda of Jachama COeat y Ore god; tbcmce Eouth ale n . E . . a,. ',� +z the t?ae ].L-o of maid tract, and the Want lira of ricer dnccribnd is in- otra,✓t recorded in volete 572. Page 256, Jackman County, OadSoa, Decd Pacvrdo, 970.26 feet Cora or lees to the Southrct comer that cofi thence Wsat 20 feat to the Peat line of said Donation Land Claim Fa. 65; thence �.r F- 'F"-' ,','. Faith clog:, amid Peat lira 970.2,4 feet are Or lead to the point of'beat- The above described real property red aimed by Jackman Cody, Oroact, I `�,\�\ �•. radideat, 71112m d. Erb, vho died in 1907. AlthouCh the above-daccr£bed real -fit rF„ 4 property ro at deneribod in wy of the d0eusadto in the probate of-the estate Of the amid Willi© W. P.rb, title to paid real property P P q pmdod to ].mare Erb and ay�v Ada Srb, the ridvv and de:.ghter, respectively, of the wad Wallin W, Erb. }` Laura Erb died circa 1961, ritbout having diopoaed of her inters-.t in mid real property and, at her death, her interest thdroin peaned to t" dmughtci, the r 4 caid Ada nrb. T:;o oaid Fide 3rb t-ja tarried and her act, becaa Ada.ii_CeF.era. ....... The•caid Adn <atthevo died toetate in 4'srch 21, 1967, leaving ourvdving her no ;1 opoaee tar ismca. 1'hc Will of Ado YlttbOvO Left the raoidua of bar estate. - > Ji{ Incluatma,, tho above-daderlbod real propertq. to the State of Oregon, acting by " v7 and th=e ,5 the Statc Eoard of Eight- Pdueetion, it trust, for the eatabliet• [ of a loan fry for th ansistae0 of remidenta of noeatti County, Orecoa. in ;� obtai;qy; ed•,xat•_oa a- t Ovagon TOck,..inal Institute (nay Oregon Institute of �3. n ry' a Tcch=1097) in R14-th C Mty- The tram o d cctaal consideration for thin trac,fe- in ) CO/1CA DT .,+ r a3 << -.L;L°•8 (s2,0e0.E0). od 77ITa^,.SS k3�day Grant= etcded tMn see: to be oa:.ca'ad and eo;1 affirms t51a 20Lb day Of , 1981. 4 f 1r Y+`>E R'yil -• 3ri x�� a . '. , STATE Cy 01?:C7, A=13 L'f AM T~;tOT1,ti > "• h TEi STe�'+'G Ev.^.r�J'� OF EIt.'•..•.t t�� 4 A -� r T M •y s f � Ed.sird C. P^ter Jr.' MUNALD L SALTER 4 '. S I1TT^�^l.^T aT 11vC1 BY �s- ;, Ccc=taL. Faster ;'� ,_ •dx:xa ea--...,�.mss EeerOry 2^"bdin4 S21e :"-...^A—PO.rP l of 2 i +'1an C tY' �z^a L�(x ..0 1 08:10199 NUN 09: 49 FAS 541 00772 6079 JACKSON Co. TITLE f�00a f• f.!=�^ "r^X Y 1, e 'JF �hm4 .� ci1 h"tiy+rl r"'i+F�Pt73 "C'.. f.'� � wi +.d' - ., 7',, 1 '•. ) t `vtty� i+A`7`)r 'Wo4{ I F kE�rt 1 ,}tN yRE'n �jyw,,�`3.? C I`1 Y lr(a rS.�' t Y a{ r i{J + y�i�{w✓r'ae � � 4 .* 4 ^Y?., �S��c' MYT+t J { .oti l R J• l+r tf°S ��1 M1N',� b{t„x(1[/i.. Y .n'^�I •( .tm 4 T�v { .f,: "•ay, sky 14 alt{t~/f Y ,1(r �.`^... �• Shy�i".,�..a + t Y�7 Moo "C" ev �X` ,la�✓-�n r.+�4 fin{ < � xw t �� , 3� r of})tin•T ✓i� �la v T t ✓ate C� Ci'.�.ir�•a ) '00 h'�i, aF L ♦� a �.�.�. ��..nm.G: bCfb 0 i.7 CS""TA C_`�ELCO Ji°:� t.•.T"'. G'•4A C9 ba ti AerJ> ' Ole"' o` ent f ti k p+� rC',ei,7l 'E...ed C YSo Lr.cCdca. II u- ry�f r t , r i rv! + ' `§YC, vbl�tesy at of V iJ_7 Y vk {''cr ')tr�1 !nk f �?y pP•"F`0`r�tA"! 5' : 2;�" "J ° C^'c;•,0 / �wrt' '•.-.c'y^ ° 11�� �` Ff¢r ' PC'6FOP�` U,p 's°da >L,� "1t3J . ' I&ASM w,`'""' tti1 -, Craty of L"=C r.,' r tr ,1 n r, 1. Portxliy appeared bo£arc sw Glue L. Poctcr, t=o'n'to to be t`.o Caere- off.etra 3s ate Coard of e5E32r Edr:catiaz. c*.d fore rg be the WI=tory act of cold Loord. -• ) NOTA RY�oR ate p>-� g.:SSLe tar C=eCea � � r r r ` {tnkj�y° Y[iy cJF'a_ tt� co��atca c�'�c: 'E-/9- 8.2 u r 1 `J t' •� t f�yj. M' �y ! ` .nhE q r, +tirt. i y w ,�4 [. ILtiM A E ~� kQ4, fSrF )�� .^I tt / K �Yt 1';r'•F tw,, .. '!^.r`'//' '' t �f Y.�----W'rw-�.9 r'I"M_ r4. 'c .2 std `Deed � T Of 2 r tit f j�inF as t. .rl. v �fw. A �M1 � _ p Lomas 1 commas 'Mill 3< t an,?.Y.x to strengthen andpromote cities as centers id opportunity, leadership,and governance August 18, 1999 MEMORANDUM National League To: City Clerks of Direct Member Cities of Cities From: Donald J. Borut, Executive Dire to 1301 Pennsylvania Ave.,N.W. Washington,D.C.20004-1763 Subject: Voting and Alternate Voting D legates, Annual Congress of Cities, 202-626-30W November 30 - December 4, 1999, Los Angeles, California Fax 202-626-3043 Internet. WW vNO Ong DUE: OCTOBER 1999 Mflicers 1999 = President Clarence E.Anthony Mayor,South Bay,Florida The National League of Cities' Annual Business Meeting will be held at 2:00 p.m. First Vice Prasident Bob Knight on Saturday, December 4, 1999, at the Congress of Cities in Los Angeles, Mayor,Wichita,Kansas California. Under the Bylaws of the National League of Cities, each direct member Second Vice President Dennis W.Archer city is entitled to cast from one to 20 votes, depending upon the city's population, Mayor.NOW Michigan through its designated voting delegate at the Annual Business Meeting. The table on Lnmedlate Past President gran J.O'Neill the reverse side of this memorandum shows the breakdown of votes by population Councilman.Philadelphia, Pennsylvania categories. Executive Director Donald J.Bonin To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached credentials form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit r voting by proxy. Thus, the designated voting delegate(s) must be present at the r ve nn Annual Business Meeting to cast the city's vote(s). „ In early November, NLC will send a special edition of the Policy Informer summarizing proposed National Municipal Policy amendments and prbposed resolutions. This information should be shared with your voting delegation. To establish your city's credentials and facilitate your voting delegate(s) preparation for the Congress of Cities, we ask that you return the completed form to NLC on or before October 11, 1999. Please follow the instructions properly for filling out the form. A pre-addressed envelope is attached. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176. Enclosure Ibn Famemc Glenda E-Hood.9ami o`o3,t ibru,Shaepe Jimn.Lpim:, e.KNe.a Jerw,,GregaryhaAmim.1Wor WharIns Ohb•GNe Reynolds,Pp Conrad Premdem Der.e,Colorado•Bneossam Amle Ademsen, sxdrac.tas Vegas.terms•Rennmb A All e man,E cc ss 0rso,alxm¢AM✓aoalleague•E.N.Amend,,Cannncmmw 1e0 SPrmgs.Nam C,,r r•Jahn a Andrews,beau,.,Ovema,N.H,nnale 1,1amoWl Asswatrcn •fury A.Basked Coun.1 Member Golden'11trIvALn1u1 I•Jamn 1.Bear emlRAman Gabe Page.poses,"•George B.BIaYwlad.Jr,Maya Pic In Kansas GA!hsspen Gnrya Al Brown,Jr,Co urdmeaMt t¢ungmn :a.3e.[zuo•Mean.CNddreoe Brown,CoimRrene+aares:ei N=-e.`al•John P.Buono.Councilman Pomao.Who,a Miohael Call Aldem.an Semmba.Mus¢snm•Flay Gllmom Maya Pan,IrIx.,•Ntl Deal. Uayol.Cana:a.NabmSa•Sue Uonldeon,C;.CoumO Prow,m tame ll1,I,., on•hand,N.buoyed.Glow,CamolOge_hlassxlmsxns•Ron Gdlegm.Caallearn toglma C"nuo•Joh A Game,J,bxu,.e Dlema .n-:1 tsug,e a etas alb!.6tt.w es•Nail G.Giolina,'.'a,w tame>,Cna•no.,J.Gandy,berm.Duesta.Nevada teague of Gben and MunciW hoes•Book,E Haul Counnl Memter Fm Wdnh.fells•Ploy Jo Nilliud.Clavt hum Poem.Gadlgm•Michael Knk'AreM&a Inl n BPI daensas•JrtY Lynch,Chet&xeb:e.B&mo,Montaw•Nmial Mil hlayaSanta Bums Caltana•John E Mille,E•esarns Della.teague nl Olan is >s•Linda A.Monon 111,1 Urea Cohrallo, Wlliam A Minor E er O. ra.CAlrcr o1.1 Pal leaq,e•Jim Naugle,Alan,Four t ralldek.panda•Lou agb,Maya.roalarnOyon•Jenny Grolier.Coin::memen Pea✓Caltava•will"J.P'¢C,.nl �a,n Arlsvn-„mi CeNa Me,C.Pa.hta:a Pro,eo.D,Is,Fn,as•Rebaeea J.Kevin,Ceunml PnadentFat v,a,ne lMa�u•loM1nnY RaY nwn.Ca mlm mR4 idl,g¢Pals rpt•Michaels'ng,.,r,I,,c",- x,m t"”!r ti,•Lean Share..,, r -'-abica•Daniel M.Spli.0.1a PJa.k ie'.a •Candid Sprynerynrykrreruu,ea.am Nan Jaw,3 Leegce of C es•Evelyn ,.- Wdg hliumuCcnuIlyd.aem6.-gj•Jndlyni Wdl.:a rot P�3•kut ra sa,.lV.amm NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITY POPULAfiION ("pe6199Q census) .r „ 3 rNUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,000 12 votes 600,000 - 699,000 14 votes 700,000 - 799,000 16 votes 800,000 - 899,000 18 votes 900,000 and above 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. Cred99.cm City Council Communication Administration Establishment of Fiscal Priorities for New Programs September 7, 1999 Submitted by: Mike Freeman Title: An ordinance adding section 2.04.095 to the Ashland Municipal Code to establish fiscal priorities for new programs. Synopsis: During the budget process this past year, the City Council discussed the need to adopt a City policy that would require the Council to identify the method by which Council adopted projects, initiatives or policies would be funded. The ordinance requires that the Council indicate the funding mechanism upon adopting a new project, initiative or policy with the appropriate funding source. Recommendation: The staff have no position on the proposed ordinance. ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO ESTABLISH FISCAL PRIORITIES FOR NEW PROGRAMS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following section 2.04.095 is added to the Ashland Municipal Code: 2.04.095 Identification of Fiscal Impact of Expenditure Decisions. A. At such time as the council adopts a new program or policy with significant revenue implications, it shall offer clear direction to city staff and to the budget committee as to the fiscal priority to be afforded this new program or policy. B. When the city council adopts any such program or policy, it shall indicate how it expects that policy or program will be funded; for example, which taxes or other sources of revenue the council expects to increase and by how much, or which current city expenditures the council feels might be reduced to pay for the new program or policy. C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" means an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one half of one percent (0.5%) of the city's annual General Fund budget. 1.510 D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was first READ on the day of ' 1999, and duly PASSED and ADOPTED this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1999. Catherine M. Shaw, Mayor Rep' as o form: Paul Nolte, City Attorney City Council Communication Proposed Ordinance for Establishment of Fiscal Priorities From: David Fine and Cameron Hanson Date: Circulated by e-mail on Monday, 06 Sept. 1999 Answers to Some Questions 1. Why is it needed? The Ordinance is intended to achieve two goals:(a)To help Council Members and the public evaluate whether the benefit of any new program or policy is worth the price which we will have to pay for it; and (b) to give the citizens and taxpayers of Ashland clear information about the effects of Council policy options upon existing City services, and upon their own family finances. 2. Can't Council Members get this kind of information anyway? Not in all cases.The intent behind this proposal is to require the proponents of new project, or City staff at the request of its sponsors,to do the math,and to identify fiscal implications, in each and every case. Furthermore,while Council Members normally can get this kind of information now simply by asking staff, it isn't so easily available to the media and the public. 3. Might the proposed Ordinance require Council to make budgetary decisions too early, and preempt the annual budget process? The Ordinance, if passed, only requires that a new measure be presented along with a statement of potential funding mechanisms. This is to offer early on some idea of its potential fiscal effects. The Ordinance would not in any way preclude changes to the way in which funds are found to pay for the new program over time. 4. Shouldn't all this be left to the Budget Committee? The Budget Committee's role is not one of setting policy. That is the job of Council. The question of the priority to be afforded any specific program or policy is one for Council alone. As stated in the City of Ashland Budget Committee Charge recently approved by Council,". . .the City Council's role in this process is to establish general fiscal priorities and policies. . . . . The Budget Committee's role is to help assure that the City's budget document and fiscal practices address these priorities of the City Council and Parks Commission." 5. What did the Budget Committee say about this proposal? The Budget Committee endorsed it. It did so unanimously. The minutes of the Budget Committee's meeting of 13 May 1999 reflect no dissenting views. The minutes indicate that discussion on point concluded with deletion of language in a Preamble,". ..and the insertion of the statements 'the Budget Committee refers this to the City Council in hopes that they 1 would move in this direction.' Hansen seconded. Voice vote: Ayes all. Motion passed." (1999 Budget Committee minutes,p. 9; spelling and grammar as per the original.) 6. Why is the exclusion in clause (C), which exempts small-scale programs, linked only to the size of the General Fund budget and not to the size of the entire City budget? The benchmark will set the threshold at just over$40,000 in present dollars,and then index it so that the threshold can remain steady over time,in relation to general City expenditures. By linking the threshold value of a project to a fixed percentage(0.5%)of the General Fund Budget the threshold won't fluctuate in years like the present,when the City has an unusually large capital construction budget,or in years when we add or spin off enterprise funds (e.g., adding ambulance or fiber optic services, or spinning off the Hospital as a free-standing entity.) 7. How will this proposal limit the prerogatives of the City Council? If this Ordinance is passed future City Councils will not be able commit the City to big-ticket projects without at least some tentative idea of how they will be funded, nor will future Councils be able to keep such information from the taxpayers. 8. Are there any precedents for it? Laws have been passed in recent years to help make the cost of big-ticket items obvious to the people who will be paying for them.Appliance makers now must put a big yellow energy efficiency sticker on appliances displayed in showrooms, telling consumers what the dishwasher or stove will cost per year to operate,both in real dollars and relative to other competing products. Automobile dealers now must display price and warranty information on the windows of both new and used cars.Congress also has mandated that a standard-form table be printed on credit card solicitations, disclosing all charges associated with their use. When bills come before Congress,the Congressional General Accounting Office has the task of providing Senators and Representatives with estimates of such programs' likely fiscal implications. 9. Can't we just leave it to Staff to work out fiscal priorities, if anticipated revenues from taxes and fees won't cover all Council-approved programs? Staff still will have to balance competing spending needs when formulating their proposed annual budgets.However this Ordinance,if passed,will make their task of reading Council's tea leaves less arcane.When Council endorses a project it now will be telling staff how much Council values it relative to other, competing spending needs. The need for this new Ordinance may be greater in coming years, as staff predicts we are entering a period of imbalance between revenues and spending demands, especially in the core General Fund departments. 2 City of Ashland Depaltment of CommunityDevelopment Planning Memo To: Honorable Mayor and City Council From: John McLaughlin, Director of Community Development �qt CC: Date- 09/07/99 Re: Informational—Downtown Plan Grant, Railroad Property Grant,Transit Study Downtown Plan Grant The City of Ashland has received Transportation and Growth Management Grant for$50,000 to assist in the development and updating of the Downtown Plan. This grant will provide opportunities to obtain transportation planning, architecture, and land use planning assistance in meeting the implementation needs of the Transportation System Plan and the 1988 Downtown Plan. Efforts will be focused on addressing improvements to the pedestrian environment, transit, bicycle travel, automobile parking, and redevelopment/aesthetic improvements to Lithia Way. The project is projected to begin this fall and be completed by the end of June,2000. 1 would like to acknowledge the efforts of Associate Planner Maria Hams in the preparation of this grant request Maria has consistently excelled in pursuing grant funds through this program, including previous grants for the Tolman Creek Road Neighborhood Plan and the "B" Street Transportation Study. Railroad Property Grant Again through the Transportation and Growth Management Program,the City of Ashland has receive a grant of $62,000 to employ the planning services of a consulting firm for the preparation of a neighborhood master plan for the Railroad Property north of "A"Street. The Council had indicated this project as a priority, but there was insufficient resources to carry it out this budget year. However, with the influx of funding from the state, we will be pursing this master plan effort This project will involve the development of a plan to address the needs for a mixed use development with multi-modal access that will meet the future employment needs of our community. Again, Maria Harris prepared the successful request. •Page 1 Transit Study The City of Ashland will begin an analysis of the local transit system September. Nelson/Nygaard Consulting Associates of Portland, has been hired to assist in the analysis. The firm specializes in transit and multi-modal transportation.Jarrett Walker will be the project manager. The analysis called, 'Transit Options for a Livable Ashland", will explore options for improvements in public transit in light of the recent decline in service from Rogue Valley Transportation District The drop in service is due to severe budget cuts related to the failure of RVTD's most recent levy. The analysis will include a review of communities of similar size, demographics and economics and cultural background to Ashland, and compare the transit services provided in those communities with those in Ashland. Options will be presented on different service altematives involving options for increased service, service on demand and other transit alternatives. A final report and presentation to the City Council is tentatively scheduled for early October. •Page 2 Alliance for Democracy Rogue Valley Chapter of Southern Oregon (5 September I, 1999 Most Honorable Mayor and City Council of the City of Ashland: We,the Alliance for Democracy,Rogue Valley Chapter,are deeply concerned that new International trade treaties such as NAFTA are destructive of our Democracy and are threatening to our local governance and well-being.We have therefore prepared a presentation,and a Resolution for your consideration and adoption on behalf of the citizens of Ashland,on the matter of the Multilateral Agreement on Investment(MAI)and the World Trade Organization(WTO). We enclose two so called"MAI Free"resolutions for your consideration,one is a sample resolution with all possible features and the other we have drawn up to be more succinct and more understandable to the public(we will gladly work with you on a version that reflects the views of the citizens and city council of Ashland). We also enclose resolutions adopted by the governing bodies of San Francisco CA,Salem OR,and Olympia WA as well as a resolution adopted by the Western Governors Conference.Even the City Council of Seattle the host city for the WTO,passed an"MAI Free"resolution on April 12,by a vote of 8-0! Similar resolutions have been passed in other U.S.and Canadian cities,and by other governmental groups and organizations throughout the world and are listed on the web pages of Public Citizen's Global Trade Watch at: Qnt_pt J/wtivw.citven.ore/octrade/MAI/What%2(hou/citv.htm>. As background information,we enclose two pamphlets entitled"MAI"and "WTO"respectively,and a brief paper giving political and historical perspective on MAI and how it relates to the WTO. We believe that local self- sufficiency and democratic sovereignty suffers when NAFTA type treaties are drawn up in a furtive manner by off- shore policy making bodies like the OECD and WTO and then"fast tracked"through the Senate as treaties so as to avoid public debate. We believe that such international trade agreements should be examined in an open,democratic way at all levels of government since these agreements may over-ride laws at the local,state and national level. As part of the democratic process in Ashland,we are providing this information to show how such treaties could negatively impact Ashland.Finally,we request that the Alliance for Democracy be placed on the September 21, 1999 agenda in the"Presentation"as well as,the"Action"section of the agenda.There is some urgency since the World Trade Organization will meet in Seattle at the end of November for its third Ministerial Meeting. The national Alliance for Democracy along with 850 other NGO's,have signed a Statement Opposing A Millennium Round of Trade Agreements,and many concerned groups are sending representatives to Seattle to raise public awareness of what is happening.There is a swelling grass roots movement to prevent an MAI-type agenda from being perpetrated on the public without open democratic debate. Thank you very much for your time and consideration in this matter. Sincerely Yours, I �Jen ltel�e uzi Aufd eide Quarterly Facilitator Alliance for Democracy, R.V.Chapter Encl:Two Ashland resolutions MAI&WTO Pamphlets 4-page MAVWTO background 4 sample resolutions AID Mailing List Address for Roque Valley Chapter of Alliance for Democracy: Address for national Alliance for Democracy: Ralph Bruening Alliance for Democracy P.O. Box 645 Ashland, Oregon 97520 P. O. Box 663 Lincoln, Massachusetts 01773 Phone: 541.488.9412 Phone: 781.259.9395 Fax: 781.259.0404 E-mai: ralphbrueninq(0hotmail.com Web: http:/Iwww.afd-online.orq/ �erSion ASHLAND CITY COUNCIL RESOLUTION EXPRESSING CITY OF ASHLAND'S OPPOSITION TO PROVISIONS OF THE MULTILATERAL AGREEMENT ON INVESTMENT(MAD OR SIMILAR INTERNATIONAL INVESTMENT LIBERALIZATION AGREEMENTS THAT COULD RESTRICT ASHLAND'S ABILITY TO REGULATE WITHIN ITS JURISDICTION,DECIDE HOW TO SPEND ITS PROCUREMENT FUNDS AND SUPPORT LOCAL ECONOMIC DEVELOPMENT. WHEREAS,The United States government,through the Organization for Economic Cooperation and Development (OECD) had participated from 1995 to 1998 in the negotiation for a Multilateral Agreement on Investment (MAD;and WHEREAS, the MAI was premised on limited federal, state or local government action to regulate environmental,health and other public safeguards affecting business operators; terms of privatization;land zoning rules;procurement, terms for investment in natural resource extraction,real estate,plants,and services;and currency speculation;and WHEREAS, federal, state and local legislators and members of civil society in numerous countries negotiating for an MAI,opposed its extreme provisions; and WHEREAS,Several OECD countries are working to move the negotiations of an international investment liberalization agreement similar to the MAI to the World Trade Organization (WTO);and WHEREAS,Several regional trade and investment liberalization agreements now under negotiation are being targeted to include provisions similar to the MAI in them;and WHEREAS, the United States Treasury supports an expansion of the International Monetary Fund(IMF) to MAI-like provisions;and WHEREAS,The opposition to the MAI is based on a substantive criticism,not the venue where it is being negotiated;and WI-1E$F.AS,The Commerce Clause of the United States Constitution allows public entities to place restrictions on the use of public funds when the public entity is acting as a market participant;and WHEREAS, "Expropriation" and"General Treatment" concepts of the MAI-model could prohibit public entities from conditioning the receipt of public funds on compliance with human rights laws or other criteria reflecting community values;and WHEREAS,Government entities are currently allowed to regulate within their jurisdiction, without causing a compensable taking of private property, to the extent specified under existing interpretations of the Fifth Amendment of the US Constitution; and WHEREAS,The MAI-model,if adopted free-standing,or within other international agreements, could restrict the ability of state,county and city governments to condition new major investments within their jurisdictions with performance requirements, such as local hiring requirements and requirements to support local economic development;and WHEREAS,The MAI-model,if adopted free-standing,or within international agreements,' could supersede existing constitutional interpretations of a government's regulatory rights under the Fifth Amendment and restrict new regulation by state and local governments;and WHEREAS,The "National Treatment" concept of the MAI-model could prohibit the use of domestic procurement preferences and subsidies and other benefits to local businesses for the purpose of encouraging local economic development;and WHEREAS,The "Most Favored Nation" concept of the MAI-model could prohibit state and local governments from prohibiting contracts with entities that violate international human rights, labor and environmental laws;and WHEREAS,The MAI-model,freestanding or incorporated into other international commercial agreements,could bar Congress,state legislatures,boards of supervisors and city councils from using trade sanctions to punish nations for human rights violations or othet violations of international law;and WHEREAS,The MAI-model,freestanding or incorporated into other international commercial agreements,could create a dispute resolution mechanism for investors against governments that is external to the United States federal court system and could be unrestricted by existing judicial interpretations of US.constitutional principles:and WHEREAS,Several recent lawsuits brought forward under NAFTA's similar dispute resolution mechanism on which the MAI-model was designed,has demonstrated the real threat of international commercial agreements that empower corporations to sue governments over laws designed to protect the public health and the environment,and WHEREAS, the MAI-model,wherever pursued,is contrary to the interests of the City of Ashland,now therefore be it; RESOLVED,That the City Council of the City of Ashland hereby urges its state and federally elected officials and lobbyists to actively protest any provision in a free-standing investment deregulation treaty like MAI,or in any similar investment liberalization provisions in other international commercial agreements,that would restrict Ashland's ability to regulate within its jurisdiction,decide how to use its public procurement dollars,and extend benefits to encourage local economic development in a manner consistent with the U.S. Constitution;and be it FURTHER RESOLVED,That the City of Ashland urges its state and federal elected officials to oppose any free-standing investment deregulation treaty like MAI,or any similar investment liberalization provisions in other international commercial agreements,which would deprive the United States courts of jurisdiction over litigation brought by speculators and multinational corporations against the City of Ashland;and be it FURTHER RESOLVED, That the provisions of a free-standing investment deregulation treaty like MAI, or any similar investment liberalization provisions in other international commercial agreements does not apply within the jurisdiction of the City of Ashland. Version z City of Ashland Resolution EXPRESSING OPPOSITION BY THE CITY OF ASHLAND TO PROVISIONS OF THE MULTILATERAL AGREEMENT ON INVESTMENT(MAD OR SIMILAR INTERNATIONAL INVESTMENT LIBERALIZATION AGREEMENTS THAT COULD RESTRICT ASHLAND'S ABILITY TO REGULATE COMMERCE WITHIN ITS JURISDICTION,TO DECIDE HOW TO SPEND ITS PROCUREMENT FUNDS, AND TO SUPPORT LOCAL ECONOMIC DEVELOPMENT. WHEREAS,The United States government,through the Organization for Economic Cooperation and Development(OECD) and the World Trade Organization(WTO),have been participating in the negotiation of the Multilateral Agreement on Investment (MAD;and WHEREAS,The citizens of Ashland have had little access to information and informed debate on the MAI and its implications at the federal,state,and local levels;and WHEREAS,The MAI,if adopted in its current form,could restrict the ability of Ashland,as well as other U.S. state,county and city governments to set appropriate conditions on new major investments within their jurisdictions from performance requirements such as use of local labor and materials,and thus could restrict the ability of Ashland to support healthy and sensible local economic development and WHEREAS,Provisions of the MAI draft teat could prevent state and local governments from prohibiting contracts with entities that violate international human rights,labor and environmental laws;and WHEREAS,The MAI,if adopted in its current form would give corporations the same status as governments,including the right to sue governments,and would create an international dispute resolution mechanism for investors and corporations that is external to the United States federal court system and would be exempt from existing judicial interpretations of U.S.constitutional principles;and WHEREAS,The interests of the City of Ashland are not furthered or promoted by an agreement that creates new rights and protections for international investors,but provides no rights or protections for local small businesses,workers, the environment,or for planning rules enacted by the City of Ashland; therefore,be it RESOLVED,That the City of Ashland hereby urges its state and federally elected officials to actively protest any provision in the MAI draft text or similar provisions of any international agreement that would restrict Ashland's ability to regulate within its jurisdiction,decide how to use its public procurement dollars,or extend benefits to encourage local economic development in a manner consistent with the environment and character of Ashland in accordance with local, state, and federal laws. 1 MAI: Political and Historical Background The MAI,Multilateral Agreement on Investments,is an international trade agreement that would put the rights of corporations and investors above the democratic rights of people at all levels of government. MAI was drawn up behind closed doors in the twenty-nine nation Organization for Economic Cooperation and Development(OECD)in Paris. When copies of the document were leaked over the intemet in 1997 there was such a worldwide outcry that it was withdrawn at the next OECD meeting. However,critics of MAI point out that MAI represents the world trade agenda of the trans- national corporations,and as such,it will not go away. They think there will be an attempt to insert MAI-type clauses in World Trade Organization(WTO)and other international trade agreements. When there is a conflict between the concept of"free trade"under MAI(or its clones)and local laws,local laws and regulations protecting such rights as air,water,environment,labor,consumer products,and human rights would be invalidated because they would be seen as an interference to free trade. International trade tribunals,held in secret,would Wile on the cases. Their judgements would be final and could not be appealed The tribunals would be held in Europe and would consist of members such as the International Chamber of Commerce. Losing Countries would have three choices: change their laws,pay compensation,or face trade sanctions. Our court system could not overturn these rulings. Is this merely alarmist rhetoric? Consider NAFTA which is a limited,prototype MAI. In 1997 Ethyl Corporation of the U.S. sued the Canadian Government for$251 million because Canada had a ban on MMT,a gasoline additive made by Ethyl. It had been banned for health reasons. When the case was taken before a NAFTA trade tribunal,Ethyl said it should be compensated under the"Expropriation"clause because the law hurt its potential future profits and harmed its reputation. No MMT business had taken place,but it became obvious that Canada would lose. So they paid Ethyl$13 million out of court and also repealed their law. This year California found that the gasoline additive MTBE was getting into underground water supplies. MTBE is a suspected carcinogen so California outlawed it MTBE is made by Methenex Corporation of Vancouver,B.C. which promptly filed a NAFTA lawsuit against California for almost one billion dollars. With the failure of the fast attempt at an MAL"fast track"methods(used in NAFTA)are being attempted by the President and MAI supporters to smuggle provisions of MAI past Congress into international law without debate since it requires only a pass or fail vote which corporate lobbyists could help deliver. There are some political and historical perspectives that should be examined to better understand the MAI in whatever future anti-democratic form it may take. Political perspective: To better understand the dangers of MAI,here in Ashland and elsewhere,two points should be emphasized: 1. MAI is no political in the sense of conservative and liberal,it is simply antidemocratic. 2. Anti-MAI measures are not anti-corporation measures. Citizens'MAI's are necessary and beneficial when done on a government-to-government level in which the rights,laws,and sovereignty of the citizens of these countries are respected and any resulting agreements,whether conservative or liberal,reflect an open democratic process. 1. MAI is not liberal in that it would potentially prevent such actions on a national level as the anti-apartheid sanctions taken against South Africa by the U. S. and other countries since they could interfere with some corporate investments. On a state or city level it could effectively prevent such states as Massachusetts and such cities as San Francisco in their embargo against Burma because of its human rights violations. MAI could go against the UN's Universal Declaration of Human Rights. MAI masquerades as liberal under a"one world"banner though it is often forged in secret by bureaucrats in a top-down,antidemocratic manner. For Ashland,what would be the possible effects of MAI? Under an MAI-type regimen,any corporation,seeing itself as an injured party,i.e.,as losing profits,could sue for a damages-ruling in a WTO trade tribunal. Any laws in Ashland,or the state of Oregon,expressing the wishes of local citizens to use the economictpurchasing power of the city to express its community concems could be affected. This could involve safeguards to public health and to environmental,cultural, social,labor,consumer,and economic justice. Recycling could be objected to as interfering with profits. Laws that seek to redress discrimination against women and minorities would be vulnerable to repeal. 1 Under MAI,campaign finance reform laws might interfere with corporations right to influence elections. Under MAI, foreign corporations are to be treated at least as favorably or more favorably than domestic companies. This offers foreign corporations the chance to'buy" U. S.elections at any level of government. And why not? Corporations were given many of the rights of citizens in 1886 as part of the Fourteenth Amendment. And to not allow them to spend huge amounts of money to influence elections interferes with their First Amendment rights. To be treated "at least as favorably,"foreign corporations deserve this also. So under MAI logic,we should welcome these new"citizens." MAI is not conservative because it might over-tum many laws Favored by conservatives. U. S.sanctions against Iraq,Iran, and Libya,and even the controversial Helms-Burton Act of 1996 which penalizes foreign investors in Cuba would inevitably be overturned under MAI. "Buy American"policies must not interfere with foreign corporations. Some issues of the conservative Christian social agenda that protect traditional and family values might be prohibited if they interfere with international trade. For years,conservative Christians have been railing against the Trilateral Commission as a group set up to create the"New World Order"which will usher in the anti-Christ. The Trilateral Commission created in 1973 is a forerunner of the OECD and now the WTO formed in 1995. Pat Buchanan,who sees himself as a conservative populist, came out against NAFTA(a proto-MAI agreement)because he had to admit that this multilateral agreement on investments went against the interests of the workers who supported him. MAI is not the voice of moderates,which is probably the voice of many small businesses in Ashland. MAI certainly gives any large corporation,foreign or domestic,a great advantage in competing against local,small businesses which might want to try to protect the interests of local patrons,use local labor or materials,protect the character of the town,keep money in the community,and generally have a vested interested in the community beyond profits. Any laws set up to help local businesses maintain the character of Ashland might be over-turned as anti-competitive to large corporations. This could also include democratic preferences such as who should run public utilities. Even local water resources might be treated as a commercial commodity in this global market(this has been suggested by some corporations). Designated historical sites or districts could infringe upon the rights of corporations to do business there,and so they might object. The Reform Party,a moderate alternative to the two major political parties,was against NAFTA also. Ross Perot was sometimes ridiculed for his political slogan about the"sucking sound of jobs going to Mexico." He should have rather emphasized the broader anti-democratic precedent of NAFTA in which the rights of labor,among many other rights,were clearly threatened. Thus,potentially any democratic laws could be seen to interfere with international trade leading to"expropriation"actions by corporations or investors who see themselves as injured. Also,cultural traditions and customs not codified into law could be corrupted by profits-first corporate values. A prime example of the attack on cultural values is the onslaught of movies,videos games,and TV programs in which sex and violence are glorified,trivia is monumentalized,and cultural values are denigrated,all under the perennial commercial rationale of responding to"market forces" from the people. 2. Anti-MAI measures are not anti-corporation measures though corporations may see them in that way. It is true that MAI reflects mainstream corporate attitudes,particularly those of transnationals,and the political thinking of mainstream Democrats and Republicans.This is symptomatic of a short-sightedness which does not perceive the long-term consequences. In a legal sense, MAI is basically amoral rather than immoral since it puts economic efficiency above social or individual morality. (True liberalism and conservatism are much more concerned with moral issues. And that might interfere with international trade.) But with the undercurrents of greed,power,and encouraged gluttony(over- consumption)that are involved,MAI can become destructive to society if there are not adequate democratic safeguards. Our best attitude is to educate people,not moralize,because when people realize what is happening with the anti- democratic ramifications of MAI,the facts will speak for themselves. For us to appeal to the public,many of whom respond to phrases such as"states rights"and"government interferes too much in our lives,"we need to point out how dramatically corporations under MAI could undermine local laws and exploit us in ways that could dominate our lives. At least when government interferes in our lives we have the right to change the situation with the democratic principles and constitutional safeguards we so loudly proclaim and much of the world admires. With the WTO meeting in Seattle in late November to plan the next phase of getting MAI-type trade agreements approved,it is time to bring what is happening to light as much as possible in order to involve citizens in a democratic process of evaluation. Historical perspective: Of the many historical factors that have created MAI as a mainstream political and economic belief,one point is often ignored:the economic rise of Japan after WWII. 2 Because of the cold war that was beginning to rage at that time,Japan was allowed,even encouraged by the U. S.,to develop its own form of"capitalism"to ensure that it did not go communist. Quotes are used around"capitalism"since it was a myth perpetuated by both the U. S.and the Soviet Union. Because of the hostilities of the cold war,nations were polarized into blocs and Japan definitely was not in the communist bloc. Since it was a close ally of the U. S.,it must have been "capitalist." In fad,it was a form of mercantilism that encouraged exports and protected against imports. The Japanese became relatively frugal while feeding consumerism abroad,certainly a virtue in the tradition of Benjamin Franklin. The"zaibatsu"(mega-corporations),which powered the Japanese war machine and had their roots in historical Japanese culture,became the economic driving force working hand-in-hand with the govemment There was little of a free market But it felt right to the Japanese because it was part of their cultural heritage. The government nurtured and guided the mega-corporations to rebuild the country economically through cooperation with itself and the other Japanese mega- corporations. Competition was mainly to be used in the export market where the fledgling Japanese economy had to compete. This maximized economic efficiency and united the people in a common effort And it worked only too well, until internal flaws in the system derailed the economic juggernaut at the end of the 1980s. Just as in the game of Monopoly, if one player wins all the money the game is over. By the 1970s Japan was beginning to accumulate a massive balance-of-payments surplus. Along with other factors,such as the oil crisis,the capitalist economies,especially the U. S.,were suffering financial instability. The ahnighty dollar was being devalued,the gold standard was abandoned,and the threat of more tariffs was arising. In 1973 the Trilateral Commission began to look at three geographical regions or economic spheres of interest:the U.S./Canada,Western Europe,and Japan. These three centers of economic power were supposed to control their spheres of interest and help coordinate international trade between these spheres. Free-market capitalism needed standard rules to ensure the game did not destroy any of the major players. In the 1980s,Ronald Reagan became president and the myth of laissez faire capitalism reached new heights of optimism. Free trade did begin to open up in many ways,but not much with many countries including Japan. Why should they change? The Japanese people were comfortable with the system that had lifted them up from the ashes of WWII to become one of the richest nations in the world. Meanwhile,during the Reagan administration the U. S.went from being the greatest creditor nation to the greatest debtor nation in the world. What the communists were unable to achieve in over 70 years-the destruction of world capitalism-was being accomplished by the type of"capitalism"that the U. S.helped set up in Japan. To make things worse,South Korea and the other Asian economic tigers were on the move. Their model was that of Japan. That model not only worked the best,but it was also congenial to their Confucian social orders. Meanwhile,third-world countries were using tariffs and restrictions to try to survive in an ocean of huge capitalist sharks. When criticized by the U. S.and the other developed countries,some would respond by saying they were doing little more than what the U. S. government,lead by the Federalists,enacted against England and the rest of Europe as American industries were being formed. To cut through all this economic chaos and save capitalism,it became obvious to mainstream economic and political leaders that a level playing field for free-market capitalism must be realized. So such measures as the Uruguay Round, NAFTA, MAI,and the WTO needed to be developed and implemented as soon as possible. Unfortunately,this created a secretive,elitist,anti-democratic movement whose intent was to force all nations to fit into a one-size-fits-all set of rules for a global economy. These rules were,of course,the ones that worked best for large,transnational corporations(whose CE(Ys worked with trade ambassadors to write them)who would be leading the economic revolution. In their amoral view, man is primarily an economic animal and maximizing profits elevates mankind. So the moral concerns,political systems, cultures,traditions,lifestyles, i. e.,all facets of national identity of world nations,were to be chopped off to fit this procrustean bed of free-market capitalism as envisioned by those who developed the MAI. And,besides,it was needed to save mankind from economic chaos. It is true that the world is threatened by economic chaos because the present form of world capitalism is not working. And the collapse of capitalism would probably create conditions that could again bring forth demagogues like Hitler,with catastrophic consequences. Citizens'MAI's must be developed in a government-to-government manner,preferably multilateral in scope. But this must proceed in a open,democratic way in which the rights,values,traditions,and moral views of the peoples involved- flesh and blood people rather than fictitious corporate entities posing as citizens-can be taken into account when making necessary compromises. It will be a long,slow process. But it is the only way we can protect our sovereignty against transnational corporations that seek to rule us when we should be ruling them. So to the MAI and its reincarnations we must say no. We deserve something better which preserves democracy as we know it. 3 l _ > 'S . n O < N 0 a m w 5 p ° mp y � O A C: < a a FD _ ao m m ° gym„ < c ,o 00 " = m n a y N N � 'J [D .fir `� ti pt N m• N Snm m OC ° j• •iii 4V� 0° fD 4 n C7 r ° ft o Y m in mamoy ycc`'o � o � �OOvfD a 3 rD < ID 'c MM CD o- eb CD eD Ep CD CD D n 25 g' R.R v n N � fD m .. m go .. D0b y a < 3 c"�D � ate " . py .. O on 000 � i R wnmCD S o- o c m <' a O o by �' < O ti Off ° c � • � W . N o ° N N Western Governors'&sociation June Z4, 1997 Resolution 97-010 SPONSORS:Governors Nelson,Geringer and Cayetano SUBJECT:Multilateral Agreement on Investment and Implementation of Trade Pacts A.BACKGROUND 1.Western states have had great success in attracting foreign investment In addition,investors based in the West own significant investments overseas.The proposed Multilateral Agreement on Investment(MAI),presently being negotiated by the members of the Organization for Economic Cooperation and Development(OECD)and now scheduled for completion by May 1998,is intended to foster additional investment activity while at the same time providing stability to and leveling the playing field for U.S.-based investors. 2.Along with these benefits,the MAI may also have the effect of eroding the sovereignty of state governments.The 1997 report of the Western Govemors'Association(WGA),"Multilateral Agreement on Investment Potential Effects on State& Local Government"details potential impacts on states of MAI proposals.These include limiting state policies that favor local businesses;limiting state use of investment incentives and performance requirements;and linuting state economic,land use, and environmental regulation.Limits on exceptions and reservations to the MAI within the agreement may bring more state practices within its scope.In addition,dispute resolution proposals could allow individual investors new powers to seek remedies directly against state laws before international tribunals. 3.Western Governors and other groups obtained protections against the erosion of state sovereignty as part of implementing legislation for the North American Free Trade Agreement(NAFTA)and the Uruguay Round of the GATT.These laws maintain state sovereign immunity,foreclose lawsuits against states or state officials,and require the federal government to consult with Congress and the states before moving to preempt a state law inconsistent with a trade agreement Furthermore, state-federal consultation procedures were established that purport to include states in the implementation of trade agreements and in the defense of international challenges to state measures. 4.In their roles as law and policy makers and regulators,as active participants in the international economy,and as strong supporters of international investment and sustainable economic development,states have a strong interest in the outcome of the MAI negotiations,in MAI implemtentation,and in the ongoing implementation of NAFTA and the Uruguay Round. B.GOVERNORS'PO iCy�IATEMEI�TI 1.Western Governors support in principle an agreement that will encourage foreign investment domestically while providing US.-based investors with greater levels of protection abroad.However,such an agreement must also protect the sovereignty of states.To provide for additional state protections and public consideration,the MAI should also be adopted by Congress through implementing legislation. 2.US.negotiators are urged to work with their OECD counterparts to insure that the MAI: a.preserves the ability of states to favor local businesses for legitimate purposes as defined by the Supreme Court; b.preserves the ability of states to use investment incentives and performance requirements to achieve legitimate public purposes; c.preserves current regulatory authority of states over economic activity,land use,and the environment d.uses traditional definitions of trade and investment terminology and does not expand these concepts in ways that limit state sovereignty; e.allows for general exceptions and reservations consistent with those in NAFTA and the Unuguay Round and that these protections endure over time;and, f.does not takes precedence over NAFTA or the Uruguay Round and allow the MAI to be used to enforce those agreements. 3.MAI implementing legislation should include provisions preserving state sovereign immunity,foreclosing private lawsuits against states or state officials,and requiring consultation with states and Congress before the federal government can move to preempt state laws or seek to recoup monetary damages from states awarded by international tribunals.Should a state measure be challenged under the MAI,states should have the opportunity to directly defend their laws if they choose.Finally, the implementing legislation should improve communications between govemm-appointed state points of contact and the Office of the Trade Representative(USTR)and it should establish advisory level access for these individuals. 4.Western Governors continue to be concerned about implementation of the state-federal consultation provisions of the NAFTA and Uruguay Round legislation.USTR should redouble its efforts to consult with states on trade issues of concern and to include states in the work of international harmonization committees. C.GOVERNORSlMNAGM011T DIREMVE 1.The WGA shall convey this resolution to President Clinton,Secretary of State Albright,Secretary of Treasury Rubin, Ambassador Barshefsky,and the chairman and relevant subcommittee chairs of the following committees:House Ways and Means;House Foreign Affairs;Senate Finance;and,Senate Foreign Affairs. 2.The WGA should keep Govemors informed of MAI developments and work closely with other interested parties to protect state sovereignty in the MAI and its implementing legislation.The WGA should also continue to monitor,report on, and press federal officials regarding use of state-federal procedures for NAFTA and the Uruguay Round. City of Olympia May 5.1998 WHEREAS,The United States government,through the Organization for Economic Cooperation and Development (OECD)has been participating in the negotiation of the Multilateral Agreement on Investment(MAD;and WHEREAS,The MAI,if adopted in its current form,could restrict the ability of state,county and city governments to condition new major investments within their jurisdictions from performance requirements to support local economic development;and WHEREAS,Government entities are currently allowed to regulate within their jurisdiction,without causing a compensable taking of private property,to the extent specified under existing interpretations of the Fifth Amendment of the US Constitution;and WHEREAS,The MAI,if adopted in its current form,could supersede existing constitutional interpretations of a government's regulatory rights under the Fifth Amendment and restrict new regulation by state and local governments; and WHEREAS,The "Most Favored Nation"provisions of the MAI draft text could prohibit state and local governments from prohibiting contracts with entities that violate international human rights,labor and environmental laws;and WHEREAS,The MAI if adopted in its current form,could bar Congress,state legislatures,and city councils from using trade sanctions to punish nations for human rights violations and other violations of international law•,and WHEREAS,The"Expropriation"and"General Treatment"provisions of the MAI draft text could prohibit public entities from conditioning the receipt of public funds on compliance with human rights laws or other criteria reflecting community values;and WHEREAS,The MAI,if adopted in its current form,could create a dispute resolution mechanism for investors against governments that is external to the United States federal court system and could be unrestricted by existing judicial interpretations of U.S.constitutional principles;and WHEREAS,The City of Olympia is not represented in the negotiations of the MAI,nor will it be allowed to represent itself in any international judicial proceedings arising from this agreement,in the U.S.courts or international tribunals,in matters that concern its own ordinances and direct interest;and WHEREAS,The interest of the citizens of Olympia are not promoted by an agreements that creates new enforceable rights and privileges for international investors,but provides no enforceable rights or protections for workers,the environment,or communities;therefor,be it RESOLVED,That the City of Olympia hereby urges its state and federally elected officials to actively protest any provision in the NIAI draft text or similar provision of any international agreement that would restrict Olympia's ability to regulate within its jurisdiction,decide how to use its public procurement dollars,and extend benefits to encourage local economic development in a manner consistent with the U.S.Constitution. San Francisco AUdI Z0 1998 WHEREAS,The United States government,through the Organization for Economic Development(OECD)has been participating in the negotiation of the Multilateral Agreement on Investment(MAI);and WHEREAS,The Commerce Clause of the United States Constitution allows public entities to place restrictions on the use of public funds when the public entity is acting as a market participant and WHEREAS,San Francisco has utilized the"market participant exception"to the Commerce Clause in enacting the Burma and Equal Benefits ordinances in order to condition receipt of public procurement dollars on compliance with local,federal and international human rights laws;and WHEREAS,The"Expropriation"and"General Treatment"provisions of the MAI draft text could prohibit public entities from conditioning the receipt of public funds on compliance with human rights laws or other criteria reflecting community values;and WHEREAS,The MAI,if adopted in its current form,could restrict the ability of state,county and city governments to condition new major investments within their jurisdictions from performance requirements,such as local hiring requirements and requirements to support local economic development and WHEREAS,Government entities are currently allowed to regulate within their jurisdiction,without causing a compensable taking of private property,to the extent specified under existing interpretations of the Fifth Amendment of the US Constitution;and WHEREAS,The MAI,if adopted in its current form,could supersede existing constitutional interpretations of a government's regulatory rights under the Fifth Amendment and restrict new regulation by state and local governments; and WHEREAS,The "National Treatment"provisions of the MAI draft text could prohibit the use of domestic procurement preferences and subsidies and other benefits to local businesses for the purpose of encouraging local economic development and WHEREAS,The"Most Favored Nation"provisions of the NIAI draft text could prohibit state and local governments from prohibiting contracts with entities that violate international human rights,labor and environmental laws;and WHEREAS,The MAI,if adopted in its current form,could bar Congress,state legislatures,boards of supervisors and city councils from using trade sanctions to punish nations for human rights violations or other violations of international law;and WHEREAS,The MAI,if adopted in its current form,could create a dispute resolution mechanism for investor;against governments that is external to the United States federal court system and could be unrestricted by existing judicial interpretations of U.S.constitutional principles;now,therefore,be it RESOLVED,That the Board of Supervisors of the City and County of San Francisco hereby urges its state and federally elected officials and lobbyists to actively protest any provision in the MAI draft text or similar provision of any international agreement that would restrict San Francisco's ability to regulate within its jurisdiction,decide how to use its public procurement dollars;and extend benefits to encourage local economic development in a manner consistent with the US.Constitution. 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C 0 .................... .......... ..................... .............. ......— 0o m co 3 BOOKLET A CITIZENS GUIDE COSPONSORS TO THE Alliance for Democracy WORLD Americans for Democratic Action TRADE American Lands Alliance Association of State Green Parties 0 RGAN IZATI O N Defenders of Wildlife 50 Years Is Enough Network Friends of the Earth e International Brotherhood of Teamsters Institute for Agriculture and Trade Policy Pacific Environment and p Resources Center a III The Preamble Center IM Public Citizen a ° United Steelworkers of America, District 11 Women's Division, GBGM United Methodist Church �I EVERYTHING YOU Women's International League for QI NEED TO KNOW TO Peace and Freedom FIGHT FOR FAIR TRADE U.S. Council for International Business (USCIB): The main business lobbying group for the MAI, representing over 200 The Ad Hoc Working Group on the MAI multinational corporations. The organization wishes to express special thanks to Ruth has official advisory status to the U.S. Caplan with Alliance for Democracy for government and the OECD on trade and coordinating this project; to Lisa McGowan investment negotiations and access to of 50 Years Is Enough, Chantell Taylor of confidential documents. Public Citizen, and Chris Riddiough of Democratic Socialists of America for their World Trade Organization (WTO): invaluable contributions in writing the Formed by the 1994 Uruguay Round of , booklet. Many other members of the Ad Hoc GATT negotiations to oversee and enforce Working Group gave generously of their time GATT trade rules. In 1996 the WTO estab- as well. lished a working group to consider if and how the WTO should regulate foreign investment. Potential WTO investment rules are called the Multilateral Investment Agreement (MIA), not to be confused with the MAI that is being negotiated at the OECD. \\� To order additional copies of this booklet: Send mail orders to: The Apex Press 1' Suite 2C, 777 UN Plaza - y New York,NY 10017 For credit card orders,phone/fax 1-800-316-APEX lit For a single copy, send $2.00,plus a self-addressed, y stamped#10 envelope with 55 cents postage. Organizational discounts on bulk orders are as follows: �- Quantity Price/copy Postage 2-10 $1.50 $3.00 Priority Mail Don't let the MAI railroad our 11-24 1.50 5.00 UPS democracy. 25-99 1.00 Call Apex Press Ruth Caplan, Past Co-Chair 100&above .75 Call Apex Press Alliance for Democracy General Agreement on Tariffs and Trade i Non-governmental organizations (NGOs): (GATT): International trade agreement that Used by international agencies primarily to sets rules for the movement of goods and describe non-profit organizations. NGOs services across borders, primarily by were not asked for input on the MAI and requiring countries to reduce tariffs. Recent almost none were even briefed until after GATT negotiations have aimed at reducing most issues had been settled. non-tariff barriers to trade, such as subsidies and regulations. The 1994 GATT talks, North American Free Trade Agreement which established the WTO, included limited (NAFTA): A 1994 trade and investment rules on investment. agreement between Canada, Mexico and the United States. NAFTA's investment rules are International Monetary Fund (IMF): the "blueprint" for the MAI. Founded in 1944, along with the World Bank, with the mandate of providing short- Organization for Economic Cooperation term balance of payments support to member and Development (OECD): Self-described countries. In the 1970s and 1980s, the IMF I as "an intergovernmental organization expanded its role, forcing borrowing comprising 29 advanced economies from countries to follow a strict set of economic I Europe, North America and the Pacific policies such as labor market deregulation, region." The OECD is mainly known for high interest rates and cuts in government gathering data and performing economic expenditure in return for IMF loans. analyses, and is often described as the "think tank" of the industrialized world. The MAI is Investment: Broadly defined by the MAI to its first attempt to produce binding include direct investment in a plant or international rules. service; portfolio investment (stocks and bonds); real estate including concessions for Performance Requirements: Rules that a mining, timber, oil and gas extraction; host government places on investors. contracts; and intellectual property rights. Includes requirements to use domestic suppliers or materials, hiring local workers, Most Favored Nation Treatment (MFN): and requirements that a foreign investor enter Requires governments to treat foreign into a joint venture with a local company. investors from any country that signs the The MAI would ban most performance MAI "no less favorably" than the treatment requirements outright, even when they treat given to investors from any other MAI domestic and foreign investors identically. country, regardless of human or labor rights or environmental considerations. Rollback: Would require signatory countries to eliminate existing laws that would violate National Treatment: Requires governments MAI rules either immediately or over a set to guarantee that foreign corporations have period of time. an investment climate "no less favorable" than domestic companies. MAI signatories Standstill: Would require signatory countries could treat foreign corporations more not to pass new laws or strengthen existing favorably than domestic investors. laws if they conflict with the MAI. y` Friends of the Earth. "License to Loot." National Centre for Sustainability in Canada. Write to 1025 Vermont Ave. NW, 3rd floor, Articles, updates, pros & cons, good links. Wash., DC 20005 or call 202-783-7400. http:// www.flora.org/mai-not Ontario Public Harrison Institute for Public Law. "MAI-- Interest Research Group. Good information Impact on State & Local Government" and on what is happening. "MAI Sovereignty Concerns...." Write 111 F Street NW, Room 102, Wash., DC 20001 or http://www.oecd.org Organization for call 202-662-9608. Economic Cooperation and Development's site created to promote the MAI. Preamble Center for Public Policy has a variety of reports on the impact of the MAI. http://www.state.2ov.html U.S. Dept. of Write 1737 21st Street NW, Wash., DC State. Official MAI negotiators for U.S. 20009, or call 202-265-3263. http://www.westizov.ory Full text of Western Public Citizen's Global Trade Watch. Governors'Association report on MAI. "Everything You Wanted to Know about MAI but Didn't Know to Ask." Write to 215 Pennsylvania Ave. SE, Wash., DC 20003, or call 202-546-4996. RFK Memorial Center for Human Rights. "The Multilateral Agreement on Investment: A Step Backward in International Human Rights." Write to 1367 Connecticut Ave., GLOSSARY OF MAI TERMS NW, Wash., DC 20036 or call 202-463-7575. Expropriation ("takings"): Refers to gov- MAI websites: emment seizure or nationalization of private property. The MAI would broaden http://www.citizen.org/12ctrade/mai.html this definition to include indirect Public Citizen's Global Trade Watch. Wealth expropriation (regulations, like land zoning of information including complete MAI text. I codes, that substantially cut into the profits of the investor) and "measures of equivalent http://www.foe.oriz/tza/mai.html Friends of effect" (laws that impose significant the Earth - US. Information includes poten- environment, health, safety, labor costs on an tial environmental impacts. investor, even when applied equally to all foreign and domestic investors). http://www.rtk.net:80/preamble/mai /mai- home.html Preamble Center for Public Foreign Direct Investment (FDI): Policy. In-depth analysis of agreement. Establishes a physical presence in a foreign country, like building a production facility or http://www.islandnet.com/—ncfs/maisite acquiring control over a certain percentage of Island Centre for Community Initiatives and a company, service or natural resource. II� Democratic Socialists of America: Chris i MAKE NOISE! Riddiough 202-726-0745 THAT'S THE ONLY WAY <ciddiough @dsausa> WE CAN BE HEARD! Friends of the Earth: Andrea Durbin <adurbin @foe.org> or Mark Vallianatos Get on the radio! Call local talk-radio <mvalli @aol.com> 202-783-7400 shows to broadcast information throughout your community about the MAI. You can Public Citizen's Global Trade Watch: even work with your local stations to host Chantell Taylor, 202-546-4996, x303 MAI debates on the air. <ctaylor @citizen.org> I Join or help start an MAI working group! Sierra Club: Dan Seligman, 202-675-2387 There are working groups on the MAI in <dan.seligman @sierraclub.org> many states including NY, WA, CA, TX, MA, NJ. Contact Alliance For Democracy, 50 Years Is Enoueh: Lisa McGowan, Sierra Club and Public Citizen for contacts in 202-879-3187 <wb50yrs @igc.org> j; your area. Join the growing international anti-MAI RESOURCES movement! Endorse the international joint NGO statement you read about above, and Written materials: recruit coalition partners to do the same. The Multilateral Agreement on Investment J, WARNING! and the Threat to American Freedom, by hIf the MAI negotiations at the OECD break Tony Clarke and Maude Barlow, Stoddart down, the U.S. and other OECD countries are Publishers, Canada, March 1998, $9.95. likely to make every effort to get as many Distributed in the USA by The Apex Press provisions as possible into other forums such (800-316-APEX) as GATT, IMF or bilateral and multilateral agreements. If this happens, activists will Multilateral Agreement on Investment: need to target these institutions. Potential Effects on State & Local Government, Western Governors' Association, April 1997 CONTACTS Contact the following organizations for more Other background materials and research information about how you can get involved: reports are available from: Alliance for Democracy: David Lewit, Center for International Environmental Law. 617-266-8687 <dlewit @igc.org> or Ruth Write to 1621 Connecticut Ave. NW, Wash., Caplan 202-244-0561<rcaplan @igc.org> DC 20009, or call 202-332-4840. 4) Eliminate the MAI's expropriation Now is the time to: provision so that investors are not granted compensation for a vague, broad notion of Get your community involved! Share this regulatory takings. Governments must ensure information with friends, colleagues and that they do not have to pay for the right to activists, and ask them to share it with their set environmental, labor, health and safety networks. Together you can place action- standards, even if compliance with such oriented articles in newsletters of local regulations imposes significant financial organizations and church bulletins, lobby obligations on investors. your local officials, organize press events and host a public debate. 5) Open the negotiation process to citizens, i which will require, among other things, Initiate a campaign to designate your timely public release of draft texts and community an MAI-FREE ZONE! country positions and the scheduling of open Research the specific impacts of the MAI on p public meetings and hearings in member and your local laws. Write articles for your local nonmember countries. paper detailing these impacts. Work with your local council members to pass a local 6) Broaden government representation at resolution declaring opposition to the MAI as negotiations beyond state, commerce and infringing on local self-determination. For finance agencies to a broader range of sample resolutions and steps to follow, government agencies, ministries and contact Public Citizen and Alliance for �. parliamentary committees. (For instance, Democracy. health, education, economic development, women's, labor, and environment agencies Get to the press! Write Op Eds and letters to and ministries.) your local newspapers or organize a grass- roots press conference opposing the MAI ` 7) Make provisions for a country's rapid with elected officials and local groups. withdrawal from the MAI when it deems this to be in the best interest of its citizens. Contact your elected I�I' officials! Write to your state WHAT YOU CAN DO attorney general, state legisla- tors and Congressional j especially,ation es Now is the time to stop the MAI and send a delegation, P Y Y our senators. Let message to policymakers that we will not them know about your concerns, and ask allow our democracy - and our right to shape them what they know about the MAI, how it the global economic policies that affect us - will affect your community, and what they to be sold to the highest corporate bidder. are planning to do about it. Better yet, visit their offices and meet with them personally. Now is the time to stand with men and women around the world as they fight for the Get on the NET! There are dozens of same rights. By standing together we can websites and e-mail listservers with useful win. information on the MAI. (See Resources.) [The MAI is] a environmental disruption created by the Jim 0 increasing mobility of capital. bill of rights and rik > freedoms for So, if not the MAI, then what? The answer transnational is quite simple. We need an investment corporations... a agreement that is fashioned with full citizen declaration of corporate rule. participation and approval. We want an agreement that makes people's economic, Tony Clarke, Polaris Institute environmental and social priorities the tail that wags the global investment dog. And we the MAI locks in place many of the want an agreement that holds multinational economic policies that the IMF and the corporations and investors accountable to World Bank have imposed on over 90 coun- these citizen-defined priorities. tries in the past 15 years. Such harsh policies Such an agreement would be far different underlie international trade pacts like WTO from the MAI, which promotes corporate and NAFTA. greed disguised as investor rights. Just like these other agreements, the MAI Among the demands made by the 600-plus would benefit investors over workers, corporations over nations, the North over the citizens groups are that the OECD and its South, the well-to-do over the poor, men member countries take the following actions: over women, short-term profit and 1) Immediately suspend negotiations, and "efficiency" over long-term social and undertake, with meaningful public input and ! environmental sustainability, and free mar- participation, an independent and kets over free people. comprehensive assessment of the social, IF NOT THE MAI, environmental, and development impact of the MAI. THEN WHAT? 2) Require, in any final investment In a February 1998 letter to the OECD, over agreement, that multinational investors be 600 civil society organizations from 68 - made to observe binding agreements incorpo- countries declared their opposition to the rating environment, labor, health, safety and MAI, citing the negative impacts of the human rights standards to ensure that they do agreement. They noted that the MAI not use the MAI to exploit weak regulatory conflicts with many widely-ratified regimes. international treaties supporting human, social and cultural, economic and political 3) Eliminate the investor/state dispute rights of men, women and children. resolution mechanism and put into place j democratic and transparent mechanisms that But they also agreed that international ensure that civil society, including local and investments require regulation, given the indigenous peoples, gain new powers to hold scale of economic instability and social and investors accountable. i rights, labor and environmental standards institutions and the Nazis. Under the MAI's that might affect their bottom line. Nor do twisted value system, commercial interests they want to be held directly accountable for are more important than human rights, and so their business relationships with governments such a censure would be out of bounds. that systematically violate these standards. IT'S AN AFFRONT *The MAI would not allow the TO GLOBAL JUSTICE Massachusetts law that says no government agency may purchase from a company that The MAI is the final pillar of a system does business in Burma or any similar law aimed at restricting government purchases designed to promote unregulated economic that violate human rights. globalization, where values of the market- place have precedence over values of social *Had the MAI been in effect during the and economic justice. 1980s and early 1990s, many of the invest- The goal of the MAI is to eliminate policies ment sanctions aimed at abolishing apartheid that countries, especially developing coup- in South Africa would have been forbidden. tries, use to protect and direct their own Nelson Mandela might still be in prison. resources for the benefit of their own economies. These include laws regulating strong government - the movement of capital across their borders. some would call Chile, for instance, requires investors to stay it dictatorship - in certain high-risk portfolios for at least six delivers much better months, as a means of slowing speculation economic growth and encouraging investment in productive activities. This law would stand in direct con- Philip Tose,Chairman fliet with the MAI. Peregrine Investment Holdings quoted in New York Times, 1/18/98, p. 17 Investors and OECD member nations want to take the right to enact such policies away *In response to Royal Dutch/Shell's environ- from developing countries. This is why nego- mental destruction and link to murders of tiations were moved from the World Trade activists in Oganiland Nigeria, some U.S. Organization, to which developing countries communities created "Shell-free" zones that B belong -- and where they had blocked earlier banned investment by Royal Dutch/Shell and 0 attempts to pass an MAI-like agreement -- to its subsidiaries. This would have violated the the OECD, where they are excluded. If and MAI's requirement that all countries receive When the new rules are set, developing coun- "most favored nation" treatment. tries will be told to sign on the dotted line or lose needed foreign investment. *More recently, some states in the U.S. This is a direct assault on the economic, announced that they will divest from Swiss social and democratic rights of citizens in banks to protest the World War II non-OECD countries. It is not new. In fact, collaboration between Swiss financial IT'S HARDER ON WOMEN *Small and women-owned businesses would be forced into unfair and unwinnable Despite important gains over the past few competition with giant foreign corporations decades, women continue to suffer because of the MAI's-overall goal of discrimination worldwide, with women of boosting the capacity of those corporations to color and poor women most affected. In compete in local markets. 1995, nearly one quarter (24 percent) of all *The MAI would hurt all labor unions but women in the U.S. lived below the poverty would particularly undermine union women line, as compared to 18 percent of men. Also who are playing an increasingly active role in in the U.S., women's wages still average only unions. Good wages, benefits for themselves 70 percent of men's pay. and their families, and job security are Policies designed to address women's particularly critical for women, who are poverty and inequality would be directly concentrated in the service sector, with its low wages and poor benefits and in attacked by the MAI. Here's how: industries with high health hazards and exploitative working conditions, such as *Performance requirements, such as garments and chicken processing. New wel- requiring equal pay for equal work and laws fare laws are increasing the number of low- requiring that a certain percentage of skilled women entering these jobs. employees be women, would be forbidden under the MAI. This could deal a serious blow to *The MAI's national treatment provision women-owned ° means that any subsidies, aid, credit pro- businesses in the grams or grants targeted to women could be U.S. and world- considered discriminatory unless such wide.... benefits are also offered to foreign investors. This could deal a serious blow to women- The MAI would make it easier to move these owned businesses in the U.S. and worldwide, factories and service jobs overseas and would including those supported by micro- encourage owners to use the threat of enterprise programs that enable poor women, moving abroad to lessen women's bargaining particularly former welfare recipients, to power. become self sufficient. Already, women- IT'S AN ASSAULT owned businesses in the U.S. are ON HUMAN RIGHTS discriminated against in credit markets and in procurement contracts, despite the fact that they are the fastest growing sector of the A fundamental objective of the MAI is to U.S. small business community and employ erect a firewall between economic and social large numbers of workers. Women's access to policy. Many multinational corporations and control over productive resources would vehemently oppose the use of economic be reduced, not increased, by the MAI. sanctions to force compliance with human lenge environmental and health regulations in We will oppose any and all special "corporate courts," the MAI would measures to create or even arm investors to attack existing policies or to imply binding obligations discourage future government actions for a for governments or safe and healthy environment. Here's how: business related to the environment or labor. TOXICS: If the MAI becomes law, many Abraham Katz,President of USCtB,3/21/97 letter to federal, state and local laws governing toxics Jeffrey Lang, Deputy U.S.Trade Representative et al. would be endangered. Foreign companies could claim that the value of their invest- ; ments would decline due to policies restrict- *No one would be able to require foreign ing toxic emissions or disposal practices. As firms to hire a certain percentage of local in the Ethyl case cited above, investors are residents. They could not be required to use already trying to intimidate governments and domestic materials, which creates local jobs. forestall regulation by suing for huge sums. I *The MAI makes it easier for corporations to PROCUREMENT: Federal, state and local move capital where and when it is most prof- governments are at last beginning to intro- itable with little accountability. This would duce social concerns into how they spend accelerate plant closings and job loss in the taxpayers' money. An executive order U.S. as corporations seek lower wages directs federal agencies to buy "green" and labor standards, especially as developing products, such as those made with recycled countries are pressured into signing the MAI. content or using renewable energy. Cities and counties are moving in this direction too. *As NAFTA has already shown, corporations These good efforts would run afoul of the can use the threat of moving to other MAI which would ban any performance countries to diminish union organizing and requirements, for instance offering priority to power. The MAI would dramatically increase companies using best environmental their ability to use this threat. practices. IT'S AN SUSTAINABILITY and NATURAL ENVIRONMENTAL HAZARD RESOURCES: The MAI clashes with the move towards a more sustainable future, The MAI would pose an immediate threat which many believe should be built on small- to environmental protection. Regulating scale enterprises and local control of business operations is vital to controlling resources. The MAI would also guarantee environmental damage. The gravest threat to large multinational corporations with new government's power to regulate is in the rights to establish mining, timber or other MAI's provisions on expropriation and the natural resource-exploiting investments. The ability of foreign corporations to sue govern- MAI could be used to overcome moratoria ments if policies undermine planned profits. on such destructive activities. The planet By allowing foreign corporations to chat- simply cannot afford to be bound by the MAI's rules for twenty years. WHAT DOES THIS MEAN has sued the Canadian government for $251 FOR YOUR COMMUNITY? million in damages related to a public health and safety law. This law effectively bans a It means your community could not require gasoline additive (MMT) produced exclu- a foreign corporation to hire local people, use sively by Ethyl Corp. MMT has been recycled materials, use parts made in the banned in many U.S. states because it harms U.S.A., or enter into joint ventures as a cars' pollution control systems and is a sus- condition of operating in your community. petted toxic substance. Ethyl says it should be compensated under NAFTA because the If your community wanted to give a low- Canadian law will hurt its potential future interest loan to a local company, it would Profits and harm its reputation. This pending have to offer the same low-interest loan to a case is just a preview of coming attractions if foreign corporation. the MAI goes into effect. If your community tried to enact these or The MAI is a wolf in sheep's clothing. Its similar measures, foreign corporations could proponents insist it is just trying to get the sue your government for interfering with same treatment for all investors and their their right to profit that is assured by the assets. In fact it threatens our democracy. MAI. The foreign corporation could choose With the MAI in effect, Congress, a state the forum for the lawsuit, including the legislature or a town council considering a International Chamber of Commerce. The new law would have to worry about whether community would not be able to represent its some foreign company might sue them for interests in these disputes when brought cash compensation. before such private groups. Rather, the fed- eral government would defend the case IT'S A BAD DEAL behind closed doors. FOR WORKING PEOPLE This[MAI]could well be The MAI would establish and consolidate the most and-democratic, extensive rights for investors and corpora- anti-people, anN-commu- tions while limiting existing protections for I'll pity international agree- labor. As a result, the standard of living and ment ever conceived by the rights of working people in the United supposedly democratic States and worldwide would be threatened in governments... 't a number of ways. Here are a few: David Korted, author When Corporations *Foreign corporations would be exempt from Rule the World many national, state and local initiatives that ! promote local employment and investments Does this seem far-fetched? It isn't. because the MAI bans performance standards Already, using an MAI-like provision of and other policies that target specific kinds of NAFTA, the U.S.-based Ethyl Corporation development such as small business. WHY YOU NEED apply to government policies that could limit TO KNOW ABOUT IT future profits. (Establishes a global "regulatory takings" law.) The MAI is designed to multiply the power *Prevent governments from promoting local of corporations over governments and eliminate policies that could restrict the businesses movement of factories and money around the corporations s be treated at least as favorably requiring that foreign world. It places corporate profits above all as domestic companies. Foreign corporations could be treated better than domestic other values. If enacted in its current form, companies, however. (National Treatment) the MAI would radically limit our ability to promote social, economic and environmental *Require countries to treat investors from justice. In other words, it puts our democracy any country in the same manner, preventing at risk. any country or state from using human rights, labor or environmental standards as This is why the MAI is being strongly investment criteria. (Most Favored Nation) resisted by people around the globe. Citizens' and indigenous movements are rallying *Keep governments from requiring foreign against the MAI in North America, Europe, corporations to meet certain conditions, such Africa, Asia and Latin America; as maintaining an investment in a community for a set amount of time, using recycled or domestic content in manufacturing, or hiring WHAT WOULD THE MAI DO? local workers even if the same requirements are applied to domestic investments. (Performance Requirements) The MAI would set strongly enforced glob- al rules limiting governments' right and ability to regulate foreign investors and We are writing the corporations. Specifically, it would... constitution of a single *Empower foreign corporations to sue the global economy. federal government over federal, state and local laws, which could force governments to Renato Ruggeri o, Director General World Trade Organization pay damages and/or overturn their laws. (Investor to State Dispute Settlement) *Include a bag of tricks such as roll-back *Require governments, as a result of binding and standstill that further advance economic arbitration, to compensate foreign deregulation. (See Glossary) corporations for laws that could limit corporate profits, such as environment, *Bind all signatory countries to these human rights, labor, public health, consumer obligations for a minimum of 20 years. protection and local community development standards. Believe it or not, this would even i In It's been called NAFTA on steroids. It's been called a corporate power grab. It's been called the most significant economic agreement in 50 years. WHAT IS IT? It's the Multilateral Agreement on Investment (MAI), an agreement under negotiation in Paris behind closed doors since 1995 by 29 of the wealthy nations that make up the Organization for Economic Cooperation and Development (OECD). If the targeted completion date of late spring 1998 is met, the MAI could come to the Senate for ratification as a treaty as early as the summer of 1998. WHY HAVE YOU NEVER HEARD OF IT? I Because MAI policymakers in the Clinton Administration don't think the public needs to know. Apparently they don't think Congress needs to know either, since America's elected representatives have been kept in the dark too, even though the text of the agreement is almost final. I But the world's major corporations know about it--and they like it a lot. The U.S. Council for International Business and other corporate lobbies have been consulted regularly and are actively involved in developing the MAI. Meanwhile, non- governmental labor, environmental and community organizations have been largely shut out. r The MAI - Democracy For Sale? The MAI Published by the A Hoc Working Group on the MAI in Demoeraey for Sale? n association with The Apex Press, an imprint of the Council on International and Public Affairs, Suite 3C, 777 United Nations Plaza, New York,NY 10017 (Tellfax 1-800-316-APEX; e-mail: cipany @igc.org) ISBN 0-945257-94-5 i Printed in the United States of America by Inkworks, a worker-owned union shop. i The MAI tramples on our democracy by empowering foreign corporations to sue governments The contents of this pamphlet may be freely directly for cash compensation for reproduced,provided its source is acknowledged. failure to enforce the MAI. Taxpayers would be required to pick up the tab. Design and layout by Douglas Hinrichs hinrichs @chesaoeake.net Booklet Sponsors Alliance for Democracy _ "a Asia Pacific Center for Justice and Peace a • � I,ohf Center for International Environmental Law t Center of Concern �J; N M[9 TI A+TERA Columban Fathers Justice and Peace Office �GREEMENPON INVESTMENT Communications for a Sustainable Future Democratic Socialists of America 50 Years Is Enough I Friends of the Earth Global Exchange Institute for Agriculture and Trade Policy Maryknoll Missioners Justice and Peace Office Network,A National Catholic Social Justice Lobby Public Citizen's Global Trade Watch Service Employees International Union (SEIU) Sierra Club Sustainable Alternatives to the Global Economy Witness for Peace Women's Division of the General Board of Global Ministries,The United Methodist Church United Auto Workers (UAW) ' 4�YSi��i "�°f•�& dbkiE. yam. x. United Steelworkers of America Democracy for Sale? principle has been attacked under WTO rules requiring governments to have scientific evidence to regulate imports of potentially dangerous products. ORDER FORM FOR Uruguay Round- The most recent past WTO BOOKLETS multi-sectoral GATT trade negotiations started in 1986. It established the WTO and included a major expansion of GATT into new issues such as ser- To order additional copies of this booklet: vices, IPRs and some investment issues. Send mail orders to The Apex Press TRIPS-"Trade Related Intellectual Suite 3C, 777 UN Plaza Property Rights." See page 11. New York, NY 10017 GATS- "General Agreement on Trade ORDERS FROM THE U.S., CANADA, in Services." See page 14. MEXICO: i I SPS-"Sanitary and Phytosanitary For a single copy, send $2.00, plus a Standards." See page 12. self-addressed, stamped#10 envelope with 55 cents postage. MAI-"Multilateral Agreement on Investment." See page 16. Organizational discounts on bulk orders are as follows: TRIMS-"Trade Related Investment Measures." See MAI page 16. Price/cow Postage 2 -10-10 10 1.50 $3.00 Priority 11 -24 1.50 $5.00 UPS TNCs-Transnational Corporations. 25 -99 1.00 Call Apex Press 100 + .75 Call Apex Press ORDERS FROM OTHER COUNTRIES: Single booklet is U.S. $3.50 including postage. Orders must be pre-paid using a credit i card or$U.S. money order. For multiple copies or to use credit card, please phone/fax Apex Press at 914- 271-6500 or email JRizzi52 @aol.com. 25 GMOs-"Genetically modified organ- GLOSSARY isms" are animals, plants or microor- ganisms scientists create by manipulat- Millennium Round- name given by ing genetic material. GMOs often are European Union officials to their call for developed by inserting genes from one broad new trade negotiations they hope species into another. will be agreed at the 1999 WT O Minis- terial and launched thereafter. I Single undertaking A round of trade talks including multiple e sectors in which OECD- Organization for Economic various issues are bargained off for Cooperation and Development de- each other. At the end of negotiations, scribes itself as "an intergovernmental countries either accept or reject the organization comprising 29 advanced entire package; they cannot select economies from Europe, North parts of the deal a la carte. America, and the Pacific Region." Until the MAI talks, OECD has served as a Early Harvest- Unlike a single under- think tank for rich countries. taking, this negotiating strategy calls for specific issues or pieces of a broad IMF-The International Monetary Fund negotiation to be "harvested" early by is one of the three Bretton Woods signing an agreement on one of the organizations set up after World War II issues under negotiation before the along with GATT and the World Bank. entire negotiation is complete. The IMF's original role was to help with short-term cash crunches relating to Director General-Title given to the trade finanacing. In recent decades the head of the World Trade Organization. IMF has morphed into providing long- term loans to developing countries on Tariffs-Taxes on imported products set the condition that these countries as a percentage of the product's value. reorganize their laws and economies to They are collected at the importing prioritize servicing debt, for instance by country's border. GATT negotiations cutting government spending and over the past 50 years have lowered liberalizing trade and investment rules. tariffs on most products. IPRs-"Intellectual property rights" are NTMs or NTBs -"Non tariff measure" ownership rights on designs, formulas, or"Non-tariff barrier' is trade terminol- information, or processes. IPRs include ogy for any government policy that is patents (exclusive rights to sell a not a tariff but may affect trade. product or use a process for manufac- turing a product); copyrights to creative Precautionary Principle-Well-ac- material such as books or films; and cepted principle that in cases of scien- trademarks to brand names. The WTO tific uncertainty, governments should TRIPs agreement requires countries to take action erring on the side of protect- grant strong protection of IPRs. ing health and the environment. This 20 27 I ♦National Family Farm Coalition. Labor Washington, DC (202) 543-5675 *AFL-CIO (American Federation of i Labor and Congress of Industrial Developing Country Perspective Organizations). www.aflcio.ora/ Third World Network. front.htm. Washington, DC, (202) 637- www twnside orc so, Penang, Malaysia, 5000 + 60-4-2266728. ♦International Brotherhood of Team- ♦ 50 Years Is Enough Network, sters. www.teamster ora, Washington, www 50years oor , (202)-463-2265 DC (202) 624-6800 ♦United Autoworkers of America Economic/Political (UAW). www.uaw.ora, Washington, DC *Alliance for Democracy. www.afd- (202)828-8500 online.ora, Washington, DC (202)244- •United Steelworkers of America. 0561 www.usWa oro, Washington, DC, (202) *The Preamble Center. 778-4384 www preamble org, Washington, DC (202)265-3263 Women's Organizations ♦United for a Fair Economy. • Women's Edge, Washington, DC, www.stw.ora, Boston, MA (617)423- w womensedge ora, (202) 884-8394 2148 • Women's International League for Peace and Freedom, Washington, DC Environment (202) 546-6727 *American Lands Alliance. Religious Organizations DC (202 547- 230. ora, Washington, Women's Division, GBGM United DC (202) 547-9230. Methodist Church, Washington, DC, *Center for International Environmental womendivdc @igc.org, (202) 488-5660 Law. www econet aoc oro/ciel., Washington, DC (202) 785-8700 Seattle ♦Friends of the Earth. www.foe.ora, WTO Host Committee of People for Fair Washington, DC (202) 783-7400 Trade, Seattle, WA, ♦Pacific Environment and Resources www.tradewatch ora, Center (PERC). www.oacenv.orr , 1-877-STOP-WTO (786-7986) Oakland, CA (510) 251- 8800 *Sierra Club. www.sierraclub ora, Small Business Washington, DC (202) 547-1141 United States Business and Industry (202) 778-9721 Council (USBIC) Educational Founda- ♦ Defenders of Wildlife. I tion. www.usbusiness oro, Washington, www.defenders ora 202-682-9400 DC, (202) 728-1985 24 25 i round of WTO negotiations in Organize a Teach-In, town hall Seattle and to endorse rd assess. meeting, debate etc. on the WTO and Urge m the members of record to date. globalization. Focus on local conse- quences.members of Congress to sign quences. Invite proponents and oppo- Rep. Bernie Sanders' (INT), "Dear nents of so-called "free-trade." Colleague" letter demanding WTO I review and repair. I Z Come to Seattle for the ministerial meeting! The meeting will take place Contact the U.S. negotiators from November 29 through December and tell them why you think we 3, and will include a major international should conduct an assessment of Teach-In organized by the International the WTO rather than expand it. Forum on Globalization (IFG) the Make sure to mention that you weekend before, street festivities, oppose any investment negotia- education, cultural activities, protests lions in the WTO. and much more. Contact People for a U.S. Trade Representative (the Fair Trade Policy (Seattle based toll- agency in charge of WTO talks) is free at 1-877-STOP-WTO or 786-7986) Charlene Barshefsky, phone: 202- or www.tradewatch.org 395-6890, fax: 202-395-4549 White House: John Podesta 202-456-1414 Vice President Gore: CONTACTS 202-456-1111 ® Write a letter-to-the-editor The World Trade Organization about why we need to assess www.wto.org, Geneva, Switzerland, WTO's current record, not expand (+ 41 22) 739 51 11 its reach further. Find sample General letters on the web-pages listed on page 23. *Public Citizen's Global Trade Watch. www.tradewatch oro, Washington, DC Sign and circulate the interna- (202) 546-4996 tional organizational sign-on letter ♦International Forum on Globalization opposing a new round of negotia- (IFG). www.ifa.org, San Francisco, tions and demanding a WTO CA, (415) 771-3394 assessment (www.xs4all.nl/—ceo/). f Agriculture and Food Policy Participate in days-of-action I ♦Institute for Agriculture and Trade against a "Millennium Round." I Policy. www.iato.org, Minneapolis, More information will be posted on MN (612) 870-3405 the web-sites on page 23. 22 23 r Now some countries want these rules to WHAT'S UP FOR THE become compulsory for all WTO mem- bers (and for the states, provinces, and WTO IN SEATTLE? regions within each country) in the ! proposed "Millennium Round" of negotia- tions. Government procurement dwarfs When the WTO countries meet in Seattle, current trade flows in dollar value. they will finalize a "Ministerial Declaration" that will announce the future WTO agenda. Burma Human Rights At the end of the previous Round, WTO members agreed to form committees to In our Massachusetts passed a law to consider agriculture, services and intellectual disccourage state government purchases property rights (now called the"built-in (procurement) from companies doing agenda"). Now some countries want to add business in Burma to protest the manmar investment (the MAI), procurement and rig to adictatorship's egregious human competition policy, calling for the launch of a rights abuses. The law was identical to state "Millennium Round" of negotiations. What- the aati-a passed in the movement in to support ever future negotiations might be agreed, What- the anti-apartheid movement in South deregulation favoring private Africa. further der e 9 g p ate interests can be anticipated. However, this time the affected corporations The European Union wants to launch a used the WTO to protect their interests. With Millennium Round at Seattle. The U.S. TNG encouragement, the E.U. and Japan favors the more limited built-in agenda. challenged the law the! as a violation Some developing countries are strongly of the WTO government;procurement,pact. opposed to further negotiations since deregulation and privatization have hurt Local, state and federal governments use them. They oppose a new Round and call for government procurement to achieve a turn-around of the WTO, a theme which is domestic policy goals from increasing being echoed by a growing consensus of local employment to awarding public activists worldwide, see www.xs4all.nl/-ceo/ contracts to firms owned by women or minorities to spur economic development TAKE ACTION in these groups. In the U.S., thanks to federal government set-aside programs, :)Educate yourself and others about the 23% of firms owned by women of color WTO! Check out the contact list of web- have some sales to the government. pages listed on pages 23-25 for additional TNCs are attacking these programs and information. policies as interfering with the "free" market. If TNCs get their way, govern- ment purchasers will join the race to the ® Write your Member of Congress, both bottom. your Senators and local elected officials. Urge them to oppose the launch of a new 20 21 ecosystems or biodiversity. Eliminating rather than pursuing a Global Free tariffs on forest products will result in Logging Agreement. an increase in consumption and logging at a time when the world's native COMPETITION POLICY forests are facing extinction. According to the World Resources Institute, nearly TNCs view efforts by governments to one-half of the world's original forest foster local economic development by cover is gone. Of the remaining original restricting TNCs' access to local markets forests, 2% severely degraded,remains as large tracts as being an anti-competitive practice. while onlly y 2 22/o With support from the European Union, of relatively undisturbed frontier forests. TNCs want new absolute rights to enter "It is critical that the international and operate in any country to be agreed in the proposed WTO Millennium Round. forest products industry set aside Proponents cynically argue that local parochial interests and join together firms, especially in developing countries, to support a WTO trade liberal- will "benefit" by becoming more efficient ization agreement in (forest when facing competition from abroad. In products) this year." reality, removing governments' ability to - W. Henson Moore, President avoid monopolization of markets by huge and CEO of the American TNCs will only lead to more of the Forest&Paper Association takeovers, mergers and other consolida- tion of industry that is undermining real The negotiations could also threaten competition. important environmental rules that the WTO considers to be non-tariff GOVERNMENT PROCUREMENT barriers to trade: for example, the federal ban on the export of raw logs The Uruguay Round even included from most public lands which was rules on how governments can spend created to protect endangered forests. our tax dollars. Under these rules, Popular eco-labeling or certification governments cannot take political, policies (such as those in Arizona, New social, environmental, or justice issues York and Tennessee)which require into account when deciding what or tropical rainforest wood purchased by from whom to buy. Basically, the rules government to be sustainably har- forbid all non-economic considerations, vested, could also be considered non- such as preferences for recycled paper I; tariff barriers. or bans on products from certain nations. However, unlike all of the other I The Clinton Administration should be rules enforced by WTO, not every living up to its "pro-environment" country was required to sign on to the rhetoric by writing trade agreements procurement rules which cover 26 that protect forests and ecosystems countries and some U.S. states. 18 19 1j forbid regulating hot money NEW ISSUES speculation - the very cause of the devastating Asian financial crises. MAI IN THE WTO ' The MAI even included provisions empowering foreign corporations to sue The Multilateral Agreement on Invest- national governments in MAI tribunals ment (MAI) aimed to set strict global for monetary compensation if they rules limiting governments' right and believed government policies undercut ability to regulate currency speculation, their future profits. investment in land, factories, services, stocks, and more. It was negotiated in Local officials realized how the MAI secret for two years at the Organization would jeopardize their ability to serve for Economic Cooperation and Devel- their communities. Many city councils, opment (OECD), a club of 29 of the such as San Francisco, Seattle, world's richest countries. Negotiations Geneva and others rallied against the were pushed by TNCs and major MAI by passing local resolutions business lobbies worldwide. declaring their communities "MAI Free In 1997, the deal started to unravel Zones." It will take the continued alliance of activists, local governments when activists exposed the potential and unions to prevent the MAI from corporate power grab. By December being reborn at the WTO. 1998, the OECD threw in the towel and ceased negotiations. Now many OECD countries, led by the EU, want to revive the MAI by putting it in the WTO. GLOBAL FREE The MAI would have: x LOGGING forbidden consideration of _ AGREEMENT company or country human rights, labor or environmental The Clinton Administration has made it records as investment criteria a priority to have a "forest products" prevented governments from agreement signed in Seattle. The promoting local economic proposed "Global Free Logging Agree- development by granting big ment"would expand global consump- foreign corporations new abso- tion of paper, pulp and other wood lute rights to enter markets products by 3-4% says industry. It also and get preferential treatment. could restrict certain pro-environmental banned certain investment 'condi- government policies. It could pose a tions' altogether, such as requir- major threat to endangered forests, ing recycled or domestic content in manufacturing or hiring local workers 16 17 GATS: IN WHOSE SERVICE? Services, as in "goods and services," THE AGREEMENT ON includes nearly all economic activity not AGRICULTURE involving manufactured goods, raw materials or farm products. Since many services, such as patient care or The Uruguay Round Agreement on teaching, require person-to-person Agriculture set rules on international interaction, it used to be almost a food trade and on domestic ag policy. truism that services would remain These rules have accelerated the rapid localized. No longer. Today banking, concentration of agribusinesses and insurance, and data management have undercut poor countries' ability to all become part of the global economy. maintain food self-sufficiency through subsistence agriculture. "Since 1987, U.S. services exports have more than doubled, reaching The agreement assumes that rather $239 billion last year." than being self-sufficient in food, - U.S. Dept. of Commerce countries will buy their food in interna- tional markets using money earned from exports. However, many "less The General Agreement on Trade in developed" countries face low commod- Services (GATS) is one of 15 Uruguay ity prices for their limited range of Round agreements enforced under the exports. During the WTO's first four WTO. GATS calls for continuing years, the prices of agricultural com- negotiations, although major telecom- modities fell to record lows, while food munications and financial services prices remained high. This system can deregulation agreements have already hurt both farmers and consumers and been completed in the past four years, paves the way for TNCs to dominate further services talks are still on the markets, especially in poor countries. WTO's built-in agenda. Indeed, the industry and now U.S. Trade Represen- Rules are needed to address the rapid tative Charlene Barshefsky are calling concentration in agribusiness. A small for new coverage of health and educa- handful of companies trade virtually all tion under WTO rules. Explicit coverage the world's corn, wheat, and soybeans. under GATT terms of water and water For example, were Cargill to succeed in systems, including municipal drinking its current bid to buy Continental's grain water, may also be included on the operations, it would control more than GATS agenda. 40% of all U.S. corn exports, a third of all soybean exports and at least 20% of GATS terms include commitments by wheat exports. This increased consoli- each country to deregulate each service + dation has led to near monopoly sector. Further financial service conditions in both the farm supply deregulation is one of the "back doors" industry and in the food processing and to slip parts of the MAI into the WTO. distribution systems. 14 15 I I THE SPS AGREEMENT I as a cause of species extinction and cost the U.S. economy approximately The WTO's Agreement on Sanitary and $123 billion annually. Under SPS rules, Phytosanitary Standards (SPS Agree- governments must prove that a particu- ment) sets constraints on government lar pest or exotic species could be policies relating to food safety (bacterial I harmful before applying safeguards intended to keep it out. Yet scientists contaminants, agree that it is impossible to predict all labbelineling)) and d animal and plant health pesticides, inspection, forms of damage posed by all insects or (imported pests, diseases). pest plants. Without the precautionary The SPS agreement goes well beyond principle, forests have to be infested forbidding discrimination between and devastated by beetles before a domestic and foreign goods. It also sets safeguard can be applied. limits on the level of safety a country Food Labeling. The WTO declared an can choose, even it applies it equally to obscure agency— Codex Alimentarius domestic and foreign goods. For (an agency known to have a thick instance, the SPS rules undercut corporate presence)—as the arbiter of countries' use of the"Precautionary food safety standards for the world. This Principle,"which calls for policies to err move was seen as a significant threat to on the side of precaution when there is hard-won consumer protections. Even not yet scientific certainty about poten- worse, the Clinton Administration now tial threats to human health and the argues that SPS rules restrict a country's environment. The SPS rules, on the right to label products with information other hand, err on the side of protecting that consumers care deeply about, such trade flows at all costs. as the production method (e.g. "organic") or genetic manipulation. This would Beef Hormone. The Precautionary dramatically limit consumers' right to Principle was eviscerated in the WTO's know. Beef Hormone ruling. The SPS Agree- "There would be no value to labelin ment puts the burden of proof on g countries to scientifically demonstrate where there can be no perceived that something is dangerous before it benefit to the public other than that can be regulated. The WTO dispute some sector of the public thinks it is panel declared that the European Union their right to know." lacked sufficient scientific proof that -Arnold Foudin, USDA artificial hormone treated beef can threaten human health. The EU must The entire Agriculture Agreement, eliminate the ban or face trade sanc- I including SPS, has a built-in review. tions. Instead of launching further deregulation talks, the SPS agreement should be Exotic Pests. Invasive "exotic spe- ) reviewed with a view to changing it to cies," such as the Asian Long-Horn protect our environmental, health and Beetle, are second only to habitat loss safety laws. 12 13 I Rotten bananas - corporate interests I ministerial meetings to conduct future trample workers negotiations on agriculture and ser- vices. The key question that will be According to Caribbean womens groups, "The I resolved during this year is whether a assured market for bananas has given third category of "new issues"will be thousands of families in the sub-region of I moved into the WTO. Inclusion of the Windward Islands a measure of security these "new Issues," such as invest- and has afforded us dignity and self-reliance. ment, competition policy and govern- ment procurement, would expand the The loss of this security through a sudden power of the WTO further than ever change in market opportunities would leave before. us without resources to build a future for our familiee and our countries." EXISTING AGREEMENTS Why ie the U.S. launching a trade war over a Product; it doesn't even grow?Perhaps huge- TRIPS AGREEMENT campaign donations by Chiquita CEO Carl Lindner are a big reason. According to the The Trade-Related Intellectual Property Washington Times (8125197), Lindner gave Agreement (TRIPS) sets enforceable more than half a million dollars in 1998 in global rules on patents, copyrights and campaign contributions to both parties. The trademarks. giant Chiduita plantations in Central America are notorious violators of workers' The pharmaceutical industry exercised health and the right to organize, but this has heavy influence onTRIPS negotiations. not prevented the Clinton Administration As a result, the final TRIPS pact from pleading their case. requires countries to adopt U.S.-Style intellectual property laws, such as those granting monopoly sales rights to THE WTO'S BUILT-IN— U 1 LT-I N individual patent holders for extended AGENDA AND THE time periods. TRIPS requires nations "NEW" ISSUES like India, Argentina and Brazil to abandon many policies that help them to develop local pharmaceutical pro- Different countries and interests have duction and make drugs affordable and different agendas for the WTO's Seattle available to poor consumers. Ministerial meeting. There are three sets of issues: First, many WTO agreements Pharmaceutical companies hope that (Agriculture, Intellectual Property, Ser- new WTO intellectual property negotia- vices) have built-in reviews set for I tions will enable them to tighten the specific time periods. These reviews do rules even further, with developing not necessarily require new deregulation countries losing the modest options left talks. The second category includes to make essential medicines, including committments made at past WTO those for prevention and treatment of 10 HIV/AIDS, more available. 11 should have the right to enact laws that THE support their choices. Instead, the WTO CAABBUN empowers its tribunals to second-guess whether health and environmental rules _ ;., . have a "valid" scientific basis. USE:The U.S. argued that European aloc'%K THE trade preferences for bananas from SHI�WAformer European colonies in the J TURTLE Caribbean unfairly discriminate against bananas grown by U.S. companies in USE Central America. USE: Four Asian nations challenged RESULT: In 1997, a WTO panel decided provisions of the U.S. Endangered that European preferences for Carib- Species Act forbidding the sale in the bean bananas are WTO-illegal. The U.S. of shrimp caught in ways that kill EU proposed a new policy that the U.S. endangered sea turtles. claims still violates WTO rules. The RESULT: In 1998, a WTO appellate U.S. was granted authority by the WTO panel decided that while the U.S. is to impose $200 million in trade sanc- tions to protect turtles, the specific against European imports until the way the U.S. tried to do so was not EU changes the policy to suit WTO demands. allowed under WTO rules. The U.S. government is now considering ways MFLIC^TMM: The Caribbean's tiny to change the law to comply with share of the EU market for bananas is WTO. the major source of revenue and jobs in LIUTN: It is possible to catch tainous terrain rules out other crops. If IOc some Caribbean nations where moun- fMPshrimp without harming turtles c Europe abandons its policy fitting shrimp nets with inexpensive comply "turtle excluder devices." U.S. law with the WTO, some small farmers in very poor countriountri 0 0 es could requires domestic and foreign shrimp lose their livelihoods. fishermen to use turtle-safe methods. The goal of saving turtles could be Officials in small Caribbean nations undercut by the WTO's second- worry that implementation of the WTO guessing of how U.S. policy should be ruling will destabilize their economies implemented, given the most inexpen- and democracies. The U.S. drug czar sive, effective means has been ruled noted that the policy change could WTO-'illegal. make these countries more vulnerable to drug trafficking. 8 g THE WTO'S RECORD: changed the clean air rules to give foreign refiners the choice of using an THREATS TO individual baseline (starting point). The D E M O C RACY, HEALTH I EPA acknowledged that the change "creates a potential for adverse environ- mental impact." IMMICAMON: Refiners from Venezuela When the WTO was created, con- and other countries will use the indi- cerned citizens and public interest vidual baseline option only if it gives organizations warned that the combina- them a weaker starting point, and thus tion of the WTO's pro-industry rules and lets them sell dirtier gasoline in the powerful enforcement would pose a U.S., which would deteriorate air threat to laws designed to protect quality. The WTO gives businesses a consumers, workers, and the environ- special avenue to challenge policies, ment. Almost five years later, there is a like the Clean Air rules, which have clear record: the cases settled under withstood domestic challenges. WTO rules show the WTO's bias against the public interest. THE BEEF e s HORMONE THE CASE CLEANAIR CASE CASE: The U.S. challenged a Euro- pean Union ban on the sale of beef CASE: On behalf of its oil industry, from cattle that have been raised with Venezuela challenged a U.S. Clean Air certain artificial growth hormones. Act regulation that required gas refiners to produce cleaner gas. The RESULT: In 1998, a WTO appellate rule used the 1990 actual performance panel ruled against the EU law, giving data of oil refineries required to file with the EU until May 13, 1999 to open its EPA (mostly U.S. refineries) as the markets to hormone-treated beef. starting point for required improve- ments for refineries without reliable IMMKATION: The ban on artificial data (mostly foreign). Venezuela hormones applies equally to European claimed this rule was biased against farmers and foreign producers. If foreign refiners and took the case to I European consumers and governments the WTO. are opposed to the use of artificial hormones and are concerned about RESULT: A WTO panel ruled against potential health risks or want to promote the U.S. law. In 1997, the EPA more natural farming methods, they 6 7 of its current rules before negotiating new agreements.This booklet explains Currently there are 134 member countries what the WTO is, how it is damaging in the WTO and 33 nations with observer the public interest, how corporations status. Officially, decisions in the WTO and some governments want to expand ( are made by voting or consensus. How- WTO's powers, and what you can do. ever, developed countries,especially the so-called QUAD countries(U.S.,Canada, WHAT 15 THE WTO Japan and the European Union), repeat- edly have made key decisions in closed AND HOW DOES IT meetings, excluding other WTO nations. WORK? The WTO's lack of democratic process or accountable decision-making is epito- "More and more the Wf0 is under pressure mized by the WTO Dispute Settlement to expand its agenda because more and Process. The WTO allows countries to more it is seen as the focal point for the Challenge each others' laws and regula- many challenges and concerns of tions as violations of WTO rules. Cases globalization:' are decided by a panel of three trade bu- - Renato Ruggiero reaucrats. There are no conflict of inter- V150 Director General est rules and the panelists often have little appreciation of domestic law or of gov- The WTO is the international t of trade ernment responsibility to protect workers, rulecharged with enforcing a set of trade the environment or human rights. Thus, rules including the General Agreement on Tariffs and Trade(GATT), Trade Related it is not surprising that every single envi- Intellectual Property Measures (TRIPS), ronmental or public health law challenged General Agreement on Trade in Services at WTO has been ruled illegal. (GATS), among others. WTO was estab- WTO tribunals operate in secret. Docu- lished in 1995 in the "Uruguay Round"of ments, hearings and briefs are confiden- GATT negotiations. tial. Only national governments are al- Prior to the Uruguay Round, GATT lowed to participate, even if a state law is rules focused primarily on tariffs and being challenged. There are no outside quotas. Consensus of GATTmembers appeals. was required to enforce the rules. The Once a final WTO ruling is issued, losing Uruguay Round expanded GATT rules countries have a set time to implement to cover what is known in trade jargon one of only three choices: change their as "non-tariff barriers to trade." These law to conform to the WTO requirements, are food safety laws, product stan- pay permanent compensation to the win- dards, rules on use of tax dollars, Wing country,or face non-negotiated trade investment policy and other domestic sanctions.The U.S.official position is that laws that impact trade. The WTO's rules limit what non-tariff policies ultimately, laws must be changed to be countries can implement or maintain. consistent with WTO policy. i this system sidelines environmental rules, health safeguards and labor I A global system of enforceable rules standards to provide transnational is being created where corporations corporations (TNCs)with a cheap supply have all the rights, governments have of labor and natural resources. The WTO ( all the obligations, and democracy is also guarantees corporate access to I left behind in the dust. foreign markets without requiring that TNCs respect countries' domestic Now the world's transnational compa- priorities. nies want more—a new"Millennium Round" of further WTO negotiations The myth that every nation can grow by which would accelerate the economic exporting more than they import is central race to the bottom by expanding the to the neoliberal ideology. Its proponents WTO's powers. seem to forget that in order for one country to export an automobile, some But this concept's failure goes beyond other country has to import it. this inherent sham: the lose-lose nature FF Workers - 5teel of export-led growth was exposed in the More than 70,000 aftermath of the East Asian financial high-wage, high-tech crisis of 1998. When the IMF compelled workers in the U.S. Asian countries to try to export their Steel industry lost way out of their crises, the U.S. became theirjobs this past the importer of last resort. U.S. steel- workers lost jobs to a flood of steel year as U.S. factories imports, while workers in Asia remained laid off workers in mired in a terrible depression. response to a surge of imports from The neoliberal ideological underpinning Japan, Russia, and of corporate-managed trade is pre- Brazil. This import sented as TINA—"There Is No Alter- surge was caused in native"—an inevitable outcome rather STANDpart;17y the Wf0'c than the culmination of a long-term equally problematic effort to write and put into place rules "cousin"organization, designed to benefit corporations and the International investors, rather than communities, Monetary Fund (IMF), workers and the environment. STEEL which pushed countries to increase The top trade officials of every WTO their exports to the 0.0. as a way to get member country are meeting in Seattle out of the financial crisis caused in pare by at the end of November. If you haven't past IMF policies. The United Steel Workers bought the public relations campaign on of America joined with steel industry TINA and want to help change the leaders to ask the President for emergency rules, join your fellow citizens on the relief. The President said he would not help Road to Seattle and Beyond. To start because INTO rules forbid such action. with, the,WTO must assess the effects 3 2 this system sidelines environmental rules, health safeguards and labor I A global system of enforceable rules standards to provide transnational is being created where corporations corporations (TNCs)with a cheap supply have all the rights, governments have of labor and natural resources. The WTO I all the obligations, and democracy is also guarantees corporate access to I left behind in the dust. foreign markets without requiring that TNCs respect countries' domestic Now the world's transnational compa- priorities. nies want more—a new "Millennium Round" of further WTO negotiations The myth that every nation can grow by which would accelerate the economic exporting more than they import is central race to the bottom by expanding the to the neoliberal ideology. Its proponents WTO's powers. seem to forget that in order for one country to export an automobile, some But this concept's failure goes beyond other country has to import it. this inherent sham: the lose-lose nature of export-led growth was exposed in the The W70 Hurts U.S. Workers steel aftermath of the East Asian financial More than 10,000 crisis of 1998. When the IMF compelled high-wage, high-tech Asian countries to try to export their workere in the U.S. 1 way out of their crises, the U.S. became steel industry loot the importer of last resort. U.S. steel- theirjobo thin part workers lost jobs to a flood of steel year ao U.S. factories imports, while workers in Asia remained laid off workers in mired in a terrible depression. 0. rerponse to a purge of imports from The neoliberal ideological underpinning Japan, Russia, and of corporate-managed trade is pre- Brazil. 7hio import sented as TINA—"There Is No Alter- surge was caused in native"—an inevitable outcome rather STANDpart by the Wr0'r, than the culmination of a long-term equally problematic effort to write and put into place rules UUp F0� "cousin"organization, designed to benefit corporations and the International investors, rather than communities, Monetary Fund (IMF), workers and the environment. STwhich pushed countries to increase The top trade officials of every WTO their exports to the U.S.ar,a way to get member country are meeting in Seattle out of the financial crisis caused in part by at the end of November. If you haven't part IMF policies. The United Steel Workers bought the public relations campaign on of America joined with steel industry TINA and want to help change the leaders to ark the Preoident for emergency rules, join your fellow citizens on the relief. The Prerident said he would not help Road to Seattle and Beyond. To start because W70 rules forbid ouch action. with, the.WTO must assess the effects 3 2 THE WTO AND CORPORATE GLOBALIZATION What do the U.S. Cattlemen's Associa- tion, Chiquita Banana and the Venezu- elan oil industry have in common? These big business interests were able to A CITIZEN'S GUIDE TO defeat hard-won national laws ensuring food safety, strengthening local econo- THE WORLD TRADE mies and protecting the environment by ORGANIZATION convincing governments to challenge the laws at the World Trade Organization Published by the Working Group on the (WTO). WTO/MAI, July 1999 Established in 1995, the WTO is a powerful new global commerce agency, Printed in the U.S. by Inkworks, a worker- which transformed the General Agree- owned union shop ment on Tarriffs and Trade (GATT) into an enforceable global commercial code. The WTO is one of the main mecha- ISBN 1-58231-000-9 nisms of corporate globalization. While ® its proponents say it is based on "free "gyp trade;' in fact, the WTO's 700-plus pages of rules set out a comprehensive system of corporate-managed trade. Indeed, the WTO has little to do with the 18th Century free trade philosophy developed by David Ricardo or Adam Smith, who assumed neither labor nor capital crossed national borders. Under the WTO's system of corporate- managed trade, economic efficiency, reflected in short-run corporate profits, dominates other values. Decisions affecting the economy are to be confined to the private sector, while social and The contents of this pamphlet may be environmental costs are borne by the freely reproduced provided that its source public. is acknowledged. Sometimes called the"neoliberal" model, i