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HomeMy WebLinkAbout1999-1005 Council PACKET/'� Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you s to the amount of time allotted o you. The time ranted will be depen ent o some extent on the nature of the item under discussion,.the number of people who wish to be heard, and the en t of the a entla. --- , Council Meeting Pkt. CITY RECORDER'S OFFICE AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 5, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II ROLL CALL: III APPROVAL OF MINUTES: Regular meeting minutes of September 21, 1999. IV SPECIAL PRESENTATIONS &AWARDS: 1. Mayor's Proclamation regarding World Population Awareness Week. 2. Presentation regarding Watershed Protection Project. 3. Presentation and discussion regarding Tolman Creek Neighborhood Planning Process. V CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Termination of the City's interest in a portion of a water line easement encumbering property at 1130 Ivy Lane (39 1 E 16AD Tax Lot 1000). 3. Approval of an Agreement and Deed Restriction Regarding Transfer of Drive-up Window. VI 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). (None) VII PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII UNFINISHED BUSINESS: 1. Discussion of Draft City Council Reimbursement Resolution. 2. Request from Rara Avis Media Group for$5,000 startup funds for film festival. 3. Consideration of a Program for Domestic Partnership Registry. IX NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Ashland Watershed Protection Project Draft Environmental Impact Statement. Motion to Adopt findings regarding LUBA Remand No. 98-166, Hunt, et. al. v. City of Ashland. Request by Falcon Cable Systems Company II, L.P., to Consent to the Transfer of Control of Falcon Communications, L.P. to Charter Communications Holding Company, LLC. X RDINANCES RESOLUTIONS AND CONTRACTS: 1. First reading by title only of"An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Clarify Requirements for Grantees." 2. First reading of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." 3. Reading by title only of"A Resolution Authorizing the Acquisition of an Easement to Construct, Operate, Repair, Maintain and Replace a Sanitary Sewer Line (Lewis Property)." First reading of"An Ordinance adding section 11.48.040 to the Ashland Municipal Code authorizing certain employees of Southern Oregon University to issue Citations for Minor in Possession of Alcohol and for Unlawful Possession of Less than an Ounce of Marijuana" 5. Reading by title only of"A Resolution Approving the Oregon Utility Resource Coordination Association Intergovernmental Agency Agreement." XI OTHER BUSINESS FROM COUNCIL MEMBERS: Item IX XII ADJOURNMENT: 3. Motion to Adopt findings regarding LUBA Remand No. 98-166, will be continued to October 19. "a,� , - REMINDERi ' Study S ssion on VUe�dnesday October 6 at noon 1' t 8a�� ceunal chambers: T�op�c�s�ofdiseussion�tonclude 1) Preseritaton of Information omthe Proposed JunsdicUonal Exchange with ®�D,OT�along Highw�y,99:;; MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 21, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:03 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck,Hanson, Wheeldon and Fine were present. Reid arrived late. APPROVAL OF MINUTES The minutes of the regular meeting of September 7, 1999 were approved as presented. The minutes of the executive session meeting of September 9, 1999 were approved as presented. SPECIAL PRESENTATIONS&AWARDS 1. Update and presentation regarding the Senior Program Board. Senior Program Board Member Paul Negro introduced members of the board,and explained the contribution made by Director Sharon Laws. Spoke about programs and services available at the Senior Program Offices Activity Center at 1699 Homes Avenue. 2. Presentation by Suzi Aufderheide regarding Alliance for Democracy. Suzi Auf lerheide/321 N. Mountain Ave./Introduced the Alliance for Democracy group. Briefly explained the World Trade Organization(WTO)and the proposed Multilateral Agreement on Investment(MAI). Introduced John Fisher-Smith. John Fisher-Smith spoke about corporate rule and corporate behavior,and explained MAI as the cap to a series of changes which shift control away from localities to more of a global level,and into the hands of corporations and organizations. Noted that chapter eleven of the North American Free Trade Agreement(NAFTA)provides the model for MAI,which would allow corporations to place a monetary value on"intangibles"and then sue for lost opportunity when laws deprived them of these intangibles. Further explained that MAI was to prevent barriers to the international flow of investments,and would allow corporations to sue foreign governments and to mandate equality between foreign and domestic companies. Emphasized that MAI would require granting most favored nation status to all countries and would effectively provide a level playing field to all by allowing no performance standard requirements. Pointed out that any local ordinances could be challenged and overcome with MAI,and asked the council to adopt a resolution in opposition to MAI. Provided a sample resolution to serve as a model,and offered to work with the City Attorney to draft a resolution. Hanson questioned what would give MAI authority,and Fisher-Smith explained that it was an international treaty. Wes Brain/298 Garfield Street/Noted that for the most part,citizens are unaware of WTO and MAI. Distributed brochure titled"The Road to Seattle,"and explained that there will be a teach-in at Southern Oregon University dealing with MAI on October 19'". Noted upcoming television programs on local cable access concerning MAI, and noted that MAI would possibly open the door to the sale of water across national boundaries and the privatization of municipal drinking water distribution systems. Asked that council support the resolution. Helga Motley/I I1 Gresham Street/Noted that she wanted to raise awareness of the conglomeration of power in corporations as a threat to democracy. September 21", 1999 Regular Meeting l Gerry Cavanaugh/560 Oak Street/Noted that MAI is not really a treaty,but is rather a simple agreement fast- tracked through Congress to avoid disagreement or substantive discussion. Emphasized the need to take a public stand on the"globalization threat"by declaring Ashland an WTO/MAI-Free Zone,and to oppose further power being given to the WTO or to NAFTA. Shaw expressed her appreciation for the speakers' concern. Noted that the City of Salem is researching a resolution and suggested that the council wait until that research is complete. Suggested that the issue of a resolution could be raised at the first council meeting in October. Recognized that a resolution would not change MAI,but would help to raise consciousness relative to this issue. Hauck agreed with bringing this up again in October, and stated his preference for the shorter version. Laws suggested that this be noticed so that those with contrary views be allowed to present them. Wheeldon noted that she will be absent at the fast meeting in October,but expressed her support for the resolution. 3. Presentation by Rosemary Dalton regarding domestic partnerships. Rosemary Dunn-Dalton requested that the City provide a registration process for domestic partnerships,and stated that this would help the lesbian-gay-bisexual community find safety and preserve civil rights. Explained that there is a national movement to prevent gay and lesbian people from having families or receiving insurance benefits. Spoke of legislative efforts during the last session. Noted that the City now provides benefits to the partners of employees. Asked that the council approve providing a registry of partnerships for Southern Oregon as a statement that it is possible to find safety,and to let people know that Ashland is"diversity-friendly." Emphasized that such a registry would have a positive psychological impact. Explained that a registry would establish relationships institutionally,for purposes such as hospital visitation. Neil Sechan noted that he had drafted the proposed resolution based on the City of Berkeley's model. Explained that it includes both gay and straight couples and does not require Ashland residency. Suggested that Ashland pave the way for other communities in Southern Oregon,and noted that this registry might become a factor in high tech companies deciding to relocate to Ashland by showing that Ashland is a progressive community. Feels that a partner registry suits the character of Ashland as caring and progressive. Dunn-Dalton noted that this presentation was on behalf of the Lesbian-Gay-Bisexual-Transgender Political Caucus of Southern Oregon,Parents and Friends of Lesbians and Gays(PFLAG),the Rural Organizing Project(ROP)and the Abdill-Ellis Center. Don LaBella/255 Grant St./Explained that he moved here 9 months ago when his partner was recruited by Bear Creek Corporation,and despite initial fears about relocating to Southern Oregon he feels Ashland is an accepting, safe community. Feels that a registry would show acceptance and approval of the gay community. Hal Jamison/60 Golden Spike Wy./Stated that he favors the proposal and is opposed to prudery and puritanism. Stated that this would be a small step for progress. Emphasized that the two-person bond is an elemental aspect to human relationships,and suggested that there is a need to establish a new type of relationship to save this close bond given the decline of traditional marriage in modern society. Joan Haukom/376 B St./Noted that she is a long time Ashland resident,president of the board of the Human Rights Coalition,director of the Abdill-Ellis Center,and member of the steering committee for the Gay-Lesbian- Bisexual-Transgender Political Caucus of Southern Oregon. Stated that she is speaking on her own behalf,to raise awareness of the psychological impact of not being recognized in one's relationships. Noted that this registry would honor gay and lesbian relationships and provide hope for gay and lesbian teens. September 2 Pt, 1999 Regular Meeting 2 Curt Georgeson/4601 S. Pacific Hwy.,Phoenix,OR 97535/Stated that his wife is president of PFLAG,and he is here because she was unable to attend. Emphasized that parents of lesbians and gays are in favor of this idea,and support the registry. Stated that parents are involved in the lives of gay and lesbian children,love them,and are concerned about and involved in their lives. Concluded that PFLAG endorses the registry and urges the council to consider enacting it. Laws suggested that staff draft a resolution based on the model presented,and asked that the model be changed so that the fees for registration be based on the actual cost to the city. Stated that discussion could occur when the item is brought back to council. Reid agreed with Laws' suggestion. Shaw noted that City Recorder Barbara Christensen,who was absent this evening,had expressed concern with the responsibility for this registry being placed in her office given constraints found in the City charter. Councilor Hauck concurred and suggested that the registry be handled elsewhere. The City Attorney concurred with this suggestion. Councilor Wheeldon suggested that staff work to determine another area of the city where this item could be handled. . At Mayor Shaw's suggestion,the"National Fire Prevention Week"proclamation and the Consent Agenda were moved to occur after the public hearings given time constraints requiring that hearings be concluded by 9:30. PUBLIC HEARINGS 1. Public Hearing regarding final assessments for Westwood Street Local Improvement District. Public Works Director Paula Brown noted that she and Assistant City Engineer Jim Olson were available for questions. Stated that objections were received from Hassell and the Mishes, both of whom are present to speak this evening. Spoke briefly on the background on this LID. Council discussion of how the LID policy related to the Mishes'situation. Brown emphasized that the new LID policy was not a factor here,as the Mishes had two separate,existing lots. Brown also noted that this LID was prior to the policy's adoption and should be handled according to previous policy. Noted that the city has paid for 25%of the sidewalk here, and that the total assessment for Nyla Lane is$900 per lot. Brown stated for Wheeldon that the 10%credit given to"pending"LIDS in the new policy did not apply here,as there was a"per cost"agreement in place with the developer. Public hearing opened at: 8:05 p.m. Cynthia Mish/600 Nyla Ln./Noted that one lot they own is vacant,and has not been built upon. Shaw explained that the assessment is per the LID policy. Hauck clarified that the Mishes' property is not a single sub-dividable lot,but two separate,existing lots.. Abe Mish/600 Nyla Ln./Explained that they paid more for their lot than people on Westwood as they were already developed on Nyla,and now they are having to pay for the development of Westwood as well. Anna Hassell/125 Westwood SL/Recognized that this matter has been to LUBA,and she finds no fault with the City. Suggested that this LID is unique as it is open-ended. Explained that she had a specific amount quoted to her,and the agreements were based on that estimate. She did not get the final total until the end,and what was estimated to cost $125,000 actually cost$196,000. Stated that she will pay the cost for the lots which haven't sold, but that it will be extremely expensive and she hopes the city will provide some relief. Public hearing closed at: 8:17 p.m. September 2 1", 1999 Regular Meeting 3 Shaw suggested that Hassell go back to Hammond Engineering because the estimate was incorrect. Hassell stated that the City had input on the project when it became an LID and she was not privy to what was done between Hammond and the City after she was given the estimate. Shaw explained that the LID would have been based on the adopted findings,and that there would have been nothing done to deviate from the findings. Hassell asked for consideration, based on the changed policy. Council discussion of the 10%credit, with staff explaining that the 10%was for those LIDS which had been formed but which had not yet been built and assessed. Reid questioned why this would not apply here. Wheeldon noted that this LID was developer-driven,with individual amounts and agreements,and the developer to pay the balance. Shaw emphasized that this LID was like Oak Street, in that it was voluntary. Laws agreed with Reid,but suggested that the difference here is that the 10%was to provide relief to homeowners,who may be involuntarily involved in LIDS. In this case,the LID is developer-initiated,voluntary,and he does not feel that there is an obligation to subsidize developers. Noted that the newly adopted LID policy is not applicable to developers. Brown noted for Reid that this LID was formed and signed in January of 1998 and the LID policy was adopted in February of 1999. Suggested that if the 10% credit is given, it should go to all within the LID, not merely to the developer. Stated that in this case,the developer agreed to cover any costs over the original estimate. Continued discussion of whether this should receive the 10%credit. Shaw clarified that the City was asked to butt out as this was set up by the neighbors and the developer,and the developer agreed to be responsible for any costs over or under the estimate. Emphasized that the findings did not change from the time they were signed by the Planning Commission,and because it was handled privately it was out of the mix for the entire LID discussion. 2. Public Hearing to consider adequacy of storm drain system capacity for a 254ot subdivision (Planning Action 97-054)LUBA Remand No.98-166,Hunt,et.al.v.City of Ashland(motion required) Mayor Shaw read the guidelines and procedures for a Land Use Public Hearing. EXPARTE CONTACT: Reid noted that she has made numerous site visits,and owns property adjacent to Strawberry Lane which could be affected by a decision. Stated that she believed she can rule impartially in this matter. City Attorney Paul Nolte confirmed that if Reid can remain fair and impartial, she does not have a conflict which would require her to abstain. PUBLIC HEARING OPEN: 8:32 p.m. STAFF REPORT: Senior Planner Bill Molnar explained that this matter had been remanded by LUBA which had to do with whether the project would require the City's urban storm drainage system to operate beyond capacity. Gave background, noting that the council previously supported the planning commission approval. Stated that LUBA essentially upheld the approval,but found that there was a lack of evidence in the record showing how the urban storm drainage from this development would be accommodated once it got to the intersection of Strawberry and Alnutt. Explained that the applicant has retained Hammond Engineering to look at this matter,and that the engineer's recommendation is to develop a new storm drain system from the intersection,down Alnutt to Nutley,and down to the Creek. Stated that this system has been essentially designed, in cooperation with the Public Works department and taking into account the Storm Drain Master Plan. Molnar stated that with this information now in the record, staff feels that there is adequate information in the record to address the issues raised by LUBA. September 21", 1999 Regular Meeting 4 Stated that staff recommends approval of the application,with the addition of condition 422 that storm drain improvements for Alnutt and Nutley indicated on the submitted plan from Hammond Engineering be installed concurrently with all street improvements for the subdivision. Molnar and Nolte confirmed for Shaw that the only item to be discussed this evening is the issue of storm drainage remanded by LUBA. Nolte emphasized that this is not a de novo hearing. Brown confirmed for Wheeldon that the applicant's engineer followed the advice of the city consultant and the proposed system is consistent with the Storm Drain Master Plan. Brown emphasized that staff has reviewed the proposal and find it adequate to meet capacity,and read a memo to this effect into the record. APPLICANT: Tom Giordano of Giordano&Associates/157 Morninglight Drive introduced himself as the agent for the applicant. Also introduced the applicant's attorney John Hassen/717 Murphy Road, Medford,OR 97504/and Dave Hammond, the applicant's engineer. Hassen noted that he had argued the appeal before LUBA,and explained that further information was needed by LUBA. Asked that the City's Storm Drain Master Plan be made part of the record to satisfy the requirements of LUBA. Staff confirmed that a copy would be made part of the record. Giordano submitted engineer's drawings for the record showing drainage from the subdivision and where the storm drainage master plan will connect. Also submitted 8 '/x x 11 reductions that might be easier to read. Agreed with what staff had presented,and emphasized that the problem LUBA had was with just one portion of the storm drain system,the line down Strawberry from Hitt Road.,to Alnutt to Nutley to the Creek. Giordano emphasized that this is an outline plan approval,but that as the plan stands now, it works. Also noted that the applicant has no problem with the added condition#22. Concluded that the submitted plan is based on the Storm Drain Master Plan. IN FAVOR: No speakers in favor. IN OPPOSITION: Susan Hunt/220 Nutley St./Questioned the inclusion of condition 922,and what the wording"concurrent with other street improvements required for the subdivision"means. Noted that the neighbors feel that the storm drain system needs to be in before any work is allowed to begin to prevent erosion and run-off. Also raised issues about the Americans with Disabilities Act(ADA),and construction traffic. Shaw stated that this hearing is limited in its scope and can only discuss the portion of the storm drain system which is in question. Paul Kay/1234 Strawberry Ln./Has problems with the drainage into Kneebone Creek,but has not seen calculations to demonstrate that the drainage system is adequate. Stated that staff approval without demonstrated calculations is not convincing. Also raised issue of changing conditions,such as natural filtering systems,and explained that this development will double flows, and the planning does not include the area of roughly 20 acres which is in the county. Suggested that this is negligent planning. Gerry Mandell/484 Euclid/Questioned who will be assessed for this storm drain. Noted that he owns property on Strawberry. Questioned where water from the 20-acres in the county will go with water being re-routed down the street,and questioned whether this has been accounted for in the storm drain planning. Shaw reiterated that the only item open to discussion is the storm drain system,as this is a land-use public hearing and the council is a quasi-judicial body held to state guidelines and given specific issues to deal with on remand from LUBA. Leah Henigson/232 Nutley St./Expressed concern about when the drainage system will be put in. Feels that there is a need for the system to go in prior to construction. September 21", 1999 Regular Meeting 5 Jerry Taylor/375 Alnutt St./Explained that his home is located where much of the run-off water from this development will go,and expressed his concern with the drainage system timing. Stated that if things are not done properly,water will run over his newly landscaped house. Asked about paving of the Alnutt side,and asked that the City look at the entire street and drainage system and that due diligence be taken. STAFF RESPONSE: Molnar noted that the Kneebone Creek issues were discussed in the initial application,and detention measures were suggested in the open space area. Stated that this was not part of the remand. Explained that this application is still in the outline plan approval stage,so there will be a final plan approval necessary to address the engineering and pre-construction details. Stated that he believed that storm drain systems will likely be installed on lower access streets prior to paving,which should address Susan Hunt's concerns. Brown emphasized that the timing of the storm drain system is not the land use issue under discussion here. Stated that erosion will be addressed,but this is not part of the current land use decision. Hauck stated that he believed Hunt's question had to do with the use of the word"concurrent"in the additional condition#22 to be imposed. Molnar stated that it was his understanding that it would mean that this would include the lower access streets as well as the streets within the subdivision itself Hauck stated that the additional condition makes timing a part of the discussion here. Laws questioned City Attorney Nolte as to whether the condition was beyond the scope of the remand,which has to do only with the adequacy of city systems and not with timing. Laws suggested that the condition itself is beyond the scope of the meeting tonight. Shaw and Nolte concurred. Fine noted that he reads the remand as even more narrow,applying only to existing city systems. Brown confirmed for Fine that existing facilities in the area are not built yet,but at the time the subdivision is built the storm drain system will be in existence,will be satisfactory,and will be city owned. REBUTTAL: Giordano noted that the Department of Environment Quality(DEQ)will require an erosion control permit for this project,and an erosion control plan will need to be submitted to address issues such as storm run-off during construction,construction traffic routes,and etc. Emphasized that the design is based on standard engineering practices,and has been reviewed by staff. Stated that further details will be worked out in the final plan approval process. Hassen pointed out that these lots will be one acre parcels,and will only have 20-25%impervious surfaces, meaning that there will be less run-off. PUBLIC HEARING CLOSED: 9:11 p.m. Councilors Hauck/Wheeldon m/s to approve Planning Action#99-054 with the addition of condition#22 as recommended by staff,and to direct staff to bring back findings in this matter to the next meeting on October 5"for council approval. Discussion: Nolte confirmed for Laws that the inclusion of the condition will not affect whether the decision is upheld if appealed. Roll call vote: Fine,Hanson,Hauck,Laws, Wheeldon,Reid,YES. Motion passed. Laws emphasized that the council will be concerned with timing,drainage,and run-off and how they impact people as this project moves ahead. Emphasized that the new Storm Drain Master Plan policy includes efforts to treat run-off before it is emptied into the creek whenever possible. Also noted that it is also possible to keep the water above ground wherever possible. Break called at 9:14 p.m. The meeting reconvened at 9:22 p.m. September 21", 1999 Regular Meeting 6 SPECIAL PRESENTATIONS& AWARDS(CONTINUED FROM EARLIER IN THE MEETING) 3. Mayor's proclamation of"National Fire Prevention Week." Mayor Shaw read the proclamation in its entirety. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Confirmation of Mayor's appointment of Greg Covey to the Tree Commission for a term to expire April 30,2001. 3. Confirmation of Mayor's appointments to Economic Development Ad Hoc Committee. 4. Second reading by title only of"An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No.5(Washington Street Annexation by Neuman)." Councilors Hauck/Hanson m/s to adopt Ordinance#2847(item#4 above). Roll call vote: Laws,Hauck,Reid, Wheeldon, Fine,and Hanson,YES. Motion passed. Item#3 was pulled for discussion under New and Miscellaneous Business by Councilor Fine. Wheeldon questioned the Traffic Safety Commission minutes item #5. Explained that the Bicycle and Pedestrian Commission will be making a fairly elaborate recommendation to deal with the intersection of 8' and A Streets. Suggested that council begin a discussion at some point about the extension of the Central Ashland Bikepath,as this area will continue to have problems until the path connects to Oak Street where the Greenway is coming in. Laws noted that the Parks Commission has agreed to an extension of the path from 8'to 6'^Streets. Councilors Wheeldon/Fine m/s to approve items#2 and#I of the consent agenda. Roll call vote: All AYES. Motion passed. PUBLIC FORUM Sophia McDonald/210 California St.,#A/ASSOU President/Informed council that no agreement has been reached with RVTD,and they will be holding off on further negotiation until a survey of students is completed and some forums are conducted. Also noted that it is her belief that the University's Lesbian/GayBisexuanransgender Alliance club would support the domestic partnership ordinance,although she does not speak for that group. Reid questioned student ridership. Freeman noted that RVTD put student ridership at 90,000 for the highest ridership year. Reid expressed concern with the accuracy of RVTD's statistics. Laws suggested that any transportation survey take into consideration the level of ignorance to the issue that may exist. Eric Navickas/711 Faith Ave/Noted the history of the ski slope, and suggested that there are significant economic questions which need to be asked. Noted that the ski slope has a history of weather-based failures despite repeated support from tax dollars. Also noted the 1992 recognition of erosion concerns in an environmental assessment relating to the closure of the area due to minimal snowfall. Questioned Mayor Shaw on her support of the project prior to the release of an environmental impact statement. Also questioned Shaw's support of the group MAD AS HELL, as indicated by her speaking before this right-wing group. Took issue with a public official legitimizing the agenda of an extremist right-wing organization,and called for the mayor's immediate resignation and condemnation of the group MAD AS HELL. Shaw suggested that Navickas would have been well served by attending the meeting mentioned to hear what was said. Shaw stated that she saw no problem with her attending this meeting or what she said. Stated that she was sorry that nobody from the group opposed to the development was able or willing to attend to hear what was said. Laws recognized that an elected office brings with it the possibility of criticism, but stated that the use of the public forum to deliver a personal diatribe against an elected official is contrary to the purpose of this forum. Also suggested that the guilt by association logic used by Navickas is a leap of colossal proportions. September 21", 1999 Regular Meeting 7 Fine stated that he felt that the attempt at character assassination of the mayor was illegitimate,and should be withdrawn by the speaker. Suggested that it was appropriate for him to come forward at public forum and raise his concerns. Shaw urged Fine and Navickas to listen to what she said at the meeting rather than relying on what was said in the press. Emphasized that she had urged both sides to look for common ground in this matter. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Wheeldon stated that she would like to discuss numbers 11 and 12. Nolte explained that the#11 Hillside Development Standards item was a follow-up of the final appellate procedure which had remanded this matter back to the city. Freeman clarified that item#12 is just a resolution,not a resolution and motion as listed. Wheeldon asked that the meeting also include a presentation by the Ashland Watershed protection group. Wheeldon stated that she would contact the group to ensure that they would be present and ready to explain this matter. Freeman noted that item#14 transit analysis study is complete and is being pulled together. Stated that results will be to council soon. Wheeldon noted that she would be absent from the discussion of the celebration of the anniversary of the city's incorporation. Noted that she would speak to Freeman prior to this discussion. 2. Presentation regarding the Building Lands Inventory(BLI)in support of the Ashland Comprehensive Plan. Senior Planner Bill Molnar noted the November 1998 state grant that the city received to prepare the Buildable Lands Inventory(BLI)and introduced Assistant Planner/Mapping Specialist Brandon Goldman. Goldman explained that the BLI was meant to provide necessary information to ensure that needed housing will be built. Spoke of the inventory and classification process used,and the use of the Geographic Information System (GIS)to quantify available lands. Noted that this process included a housing need analysis,based on patterns and demographics,to look at anticipated needs to 2018. Based on these calculations,the city will know if there is adequate supply of buildable land to meet demands. Molnar and Goldman clarified for Hauck that the inventory took into account the slope of hillside lands,and noted that those over 35%were considered unbuildable. Molnar clarified the slope standard,noting that 25%slopes can be engineered. Goldman noted that GIS information from the county was used,along with digitized hazard maps and aerial photos. Emphasized the amount of field work and site visits involved,and noted that the process took building permit data into account to project building trends. Goldman showed tables and slides explaining the BLI,and further discussed the methodology used and the resultant findings. Noted that the methodology would allow for updating as new information becomes available. Councilors Reid/Hauck m/s to continue the meeting to 10:30 p.m. Roll call vote: All AYES. Motion passed. September 2 1", 1999 Regular Meeting 8 Goldman noted that in comparison of supply and demand, in aggregate there is enough land to satisfy needs. Explained further that where there is less than a 20 year supply in one type of housing,the demand can be accommodated elsewhere. Stated that this complies with state goals to provide for all housing types, and there are no changes necessary to the comprehensive plan urban growth boundary. Also pointed out that with the GIS program,updates can be done fluidly. Concluded that the Department of Land Conservation and Development(DLCD)Grant Administrator has reviewed and approved the methodology of this BLI,and noted that the planning commission and planning staff recommended that the council adopt the proposed resolution. Council commended Goldman on the excellent job he had done with the BLI. Goldman confirmed for Laws that the trend toward decreasing household size has to do with observed trends,and can be revised with the next census. Emphasized that even if this changed to 1.75 people per household,there would still be an adequate supply of land to meet demand. Reid questioned what this BLI means for annexations. Goldman stated that the urban growth boundary can be used as required,but emphasized that the city has over a twenty year supply within the city limits. Reid questioned where some rural lands have been boxed in by annexations and asked how this could be addressed. Shaw stated that lands can be exchanged into and out of the city limits without a comprehensive plan change,but Reid questioned if property owners would agree to be removed from the city limits. Molnar explained that this was not related to the BLI,which is a state requirement,and is more a matter of local concern. Emphasized that annexations would be governed by the current annexation criteria rather than the BLI. 3. Discussion and Presentation of information on the Proposed Jurisdictional Exchange with the Oregon Department of Transportation(ODOT)along Highway 99(Siskiyou Boulevard,N.Main Street and Lithia Way). This item was continued to a later meeting as unfinished business. 4. Council initiation of a planning action for a land partition at 667 North Main Street(new neighborhood park). Councilors Laws/Reid m/s to move ahead with initiating this planning action. Discussion: Hauck asked that council keep in mind the possibility of using this land for the land trust program in the future. Voice vote: All AYES. Motion passed. 5. Request for$5,000 start up funds for film festival. This item was continued to a later meeting as unfinished business. 6. Discussion of Draft City Council Reimbursement Resolution. This item was continued to a later meeting as unfinished business. 7. Confirmation of Mayor's appointments to Economic Development Ad Hoc Committee. (Pulled from the Consent Agenda) Fine questioned the appointment of Councilor Wheeldon as liaison. Fine and Hauck noted their interest of appointment to this committee. Shaw explained how Wheeldon was chosen, and noting her efforts to balance the committee. Explained that the City Chamber had previously expressed interest in Wheeldon as the liaison for the Chamber Board position,to which Fine was appointed. Councilors Hauck/Hanson m/s to approve the Mayor's appointments to Economic Development Ad Hoc Committee. Voice vote: All AYES. Motion passed. September 2 1", 1999 Regular Meeting 9 ORDINANCES.RESOLUTIONS AND CONTRACTS 1. Reading by title only of"A Resolution Levying Special Benefit Assessments in the Amount of $188,616.93 for the Westwood Street Local Improvement District 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." Councilors Hauck/Hanson m/s to adopt Resolution#99-57. Roll call vote: Reid,Wheeldon,Hanson,Fine, Hauck,and Laws,YES. Motion passed. 2. Reading by title only of"A Resolution adopting the Building Lands Inventory(BLI)in support of the Ashland Comprehensive Plan." Councilors Wheeldon/Hauck m/s to adopt Resolution#99-58. Roll call vote: Laws,Hauck,Reid,Wheeldon, Fine,and Hanson,YES. Motion passed. 3. First reading of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." This item was continued to a later meeting as unfinished business. 4. First reading by title only of"An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Clarify Requirements for Grantees." This item was continued to a later meeting as unfinished business. 5. Second reading of"An Ordinance Vacating a Portion of"A" Street Easterly of Oak Street." This item was read in full at the City Attorney's request,as there were some changes from the first reading. Councilors Laws/Hauck m/s to adopt Ordinance 42848. Roll call vote: Hanson,Reid,Fine,Hauck, Wheeldon,and Laws,YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Shaw questioned the direction given staff at the previous executive session relative to spray irrigation. Reid noted that she and Hanson were opposed to moving ahead with the appeal, and asked that this be noted in the minutes.Stated that staff was directed to continue looking at alternatives to returning effluent to the Creek and would be moving ahead with the appeal. Fine agreed with Reid's assessment,and added that Nolte was directed to do as he had proposed with respect to the LUBA decision. Also noted that staff was asked to seek an extension from DEQ to take into account the time taken by appeals and such procedures. Explained that staff was also asked to bring back numbers on the various alternatives again. Shaw confirmed that there was no direction given to hire additional consultants. Fine agreed with this,and noted that staff had been asked to include any changes that might be applicable since the last discussion of alternatives. Hauck congratulated City Administrator Freeman on the award he recently received from the Chamber, and on his appointment to the board of directors of the Innovations Group. Hanson noted that a quote from Freeman appears on the Innovations Group homepage,and Wheeldon endorsed Freeman's sitting on this board. Freeman noted that the DEQ extension previously discussed has been requested,and staff has met with engineering consultant and will be getting an updated cost analysis shortly. September 21", 1999 Regular Meeting 10 Hauck and Hanson commended staff on the budget synopsis document that was recently distributed. Wheeldon noted that based on the recommendation of the Communications Committee, she will be making herself available to speak before several community groups. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Derek D. Severson,Assistant to the City Recorder Catherine M. Shaw,Mayor September 21", 1999 Regular Meeting I I VA, O�S PROCLAMATION WHEREAS world population is projected to reach six billion this year, a trebling of the planet's human numbers within this century and an event that will be symbolically recognized on the 12'h of October. WHEREAS the earth's human numbers increased by 78 million last year, with 97 percent of the increase in the least developed countries and regions; WHEREAS the environmental, economic and social consequences of rapid population growth are not limited to the developing world but extend to all nations and to all people, including every citizen of the State of Oregon who is concerned for human dignity, freedom and democracy; V WHEREAS 2.3 billion people live without adequate sanitation, and at least 1.3 billion live in absolute poverty on the equivalent of one U.S. dollar or less a day; WHEREAS a review of a meeting with representatives of 180 nations from all regions Xr of the world concluded that a combination of political commitment and appropriate ift programs designed to provide universal access to voluntary family planning information,formation, education and services can ensure world population stabilization at less ;i:00 than 9 billion rather than 12 billion or more. NOW, THEREFORE, 1, Catherine M. Shaw, Mayor of Ash land, Oregon, proclaim the Y, week of October 10 - 16, 1999 as WORLD POPULATION AWARENESS WEEK 'r and call upon all citizens of this State to reflect on the consequences of rapid population growth and participate appropriately in its observance. Dated this 5th day of October, 1999 AK Catherine M. Shaw, Mayor Barbara Christensen, City Recorder MATERIALS PRESENTATION OF THE WATERSHED PROTECTION PROJECT -- AND -- PRESENTATION AND DISCUSSION REGARDING TOLMAN CREEK NEIGHBORHOOD PLANNING PROCESS WILL BE DISTRIBUTED AT THE COUNCIL MEETING PRESENTATION TO THE ASHLAND CITY COUNCIL, Oct.S, 1999 By Richard Hart 83 N. Wightman St. I have been asked by our recently formed community group to represent them as their spokesperson tonight. We call ourselves the Ashland Watershed Stewardship Alliance. We are a hard working group with diverse interests, professions and talents. We are achieving success as a collective by recognizing and fostering a new understanding of our community's interrelationship with its watershed. We recognize that there is an exchange that calls for a giving back to our watershed. It deserves its health restored and sustained in exchange for giving this community a beautiful place to recreate in, walk among its natural wonders, and drink its quality water. We know that this responsibility extends beyond our generation and those that follow. We also know that this responsibility requires action beyond the Forest Service's ability to perform. Indeed, it is a responsibility that will require the combined efforts of the Forest Service, this community and its City government, the Southern Oregon University's Environmental Dept.,the REAL Corps,the Charter SchoolgRogue Institute for Ecology and Economy, Headwaters, and other entities. ADAIAKATS( Our community is blessed with a multitude of engaged, talented and professional people who have shown the energy to take on serious projects and the tenacity to take on this serious program. As a community we strive to live an environmental ethic, as expressed by our Valdez Principles. Many of us feel the community is ready to take on a shared responsibility and liability in stewarding our watershed. Our watershed is composed of weathering Granitic soils whose downward advancement is effectively held in check by the plant life that covers its slopes. Fire entered the watershed with regularity until shortly after the 1910 fires. We know now thatafter ninety yearsef fire exclusion has created a serious condition that needs to be carefully addressed watershed wide. There is no quick fix. While science was used to justify the old fire policy, we need to now employ both science and a collective wisdom to return our watershed to a healthy ecosystem that accommodates both natural and human disturbances. Both disciplines must have at their core on-the-ground documented monitoring in order to convey real information. The best way to convey that information to this community is to partner in gathering that information. The principle reason that the combined effort between the Forest Service, our schools, and community members can be so important is that it gives credibility not only to the information but also to the actions taken in response. We are more likely to believe and understand our first-hand observations. Good coordination and adequate training will produce accurate and valuable management and monitoring. It builds pride and sense of place, and ensures an honest working relationship with the Forest Service. Thus, we have formed the Ashland Watershed Stewardship Alliance working to create a membership that is about as diverse as the ecosystem up stream. We have information, questions, ideas, and, hopefully, foresight. Our immediate task has been to address the Forest Services' Ashland Watershed Protection Project Draft Environmental Impact Statement. The Alliance is addressing the challenge by having formed three committees: Technical; Communication and Outreach; and Finance. The Technical Team is composed of professional foresters, ecologists and restoration experts from the environmental and timber communities. The Team has reviewed the DEIS and continues to survey the areas proposed for treatment. We are drafting&unit-specific assessment and an alternative set of treatments that address health and resilience to events, such as fire and flood. For example, we need to prioritize and implement an effective, health-driven treatment in the interface areas of Crowson Hill and Forest Service jurisdiction that addresses the concerns of the Ashland Fire Department. The Finance Committee will define the program's true cost, creating more accurate revenue estimates based on our alternative prescription. They are creating mechanisms for the local community to invest in itself to perform the work within the economically challenged units. The Communication and Outreach Committee is responsible for gathering pertinent information and disseminating it to the community and agencies on a timely basis. Their charge is to keep the collaborative dialogue going. We are asking you,the City Council, to recognize and support the Alliance's work and direction, and to continue to participate in our broad-based community efforts. While we do not have all the answers today, we do know the collaborative direction to be taken and to strive for clear and realistic expectations about what can and cannot be accomplished. The work of the Alliance and its Committees are challenged by the serious time constraint of October 18, and a lack of critical information that the Rogue River National Forest is presently unable to provide. Ranger Linda Duffy, who is the final decision-maker, has been most forward looking and courageous in opening the process of collaborative public involvement in the Ashland Watershed Protection Project. Tomorrow, she will be hand delivering this message to the Chief of the Forest Service. Together, we want to direct the combined efforts to what we are beginning to call the Ashland Watershed Stewardship Project. This is an important opportunity for our City to move forward and support these efforts with the most appropriate means. Thank you. The Ashland Watershed Stewardship Alliance City Council Presentation-October 5, 1999 Our Task: To create an economically feasible plan to mitigate the risk of fire in the Ashland watershed in a timely manner which reflects the stated ecological and social values of the community, as well as the management objectives of the Forest Service and the City of Ashland. Our Approach: 1. Refine the project's costs and potential revenues • We will update the cost analysis of the work based on the specific prescriptions developed by our technical forestry team. 2. Generate funds to support the community's role in this work • We will develop a non profit 501(c)(3)relationship which can begin to accept funds generated by the community group. • We will create mechanisms for the local community to invest in itself to coordinate, perform, monitor and maintain this work. • We will encourage the allocation of Forest Service funds (and perhaps special project status),which can be used to offset the costs of contracted work on economically challenged units. 3. Accept local responsibility to coordinate and partially compensate labor • We will create a bonded community entity which can bid on and accept contractual responsibility to steward and monitor economically challenged units. This group will use forestry professionals as well as local, skilled teams,when and where appropriate. 4. Develop value added production coordination within the region • We will coordinate the processing and marketing of products from any extracted resources. Profits will return to reimburse and support the community's efforts and investment. 5. Build opportunities which support education and outreach • We will build programs which expand regional involvement and understanding of this work. i ASHLAND FOREST LANDS COMMISSION JULY 14, 1999, 5:30-7:00 PM COUNCIL CHAMBERS MEMBERS PRESENT: Jo Anne Eggers, Fred Binnewies John Morrison; Richard Brock, Bill Robertson (Chair), Eric Schehen, Jo Anne Eggers Staff: Nancy Slocum; Keith Woodley Members Absent: Pete Seda, Paula Brown Guests: Jeff McFarland, Parks Department I. CALL TO ORDER AT 5:31 P.M. II. APPROVAL OF MINUTES: June 9, 1999 minutes approved as amended. III. ITEMS FOR DISCUSSION: A. Forest Commission Goals - Eggers wondered if direction for these goals came from City Council. Robertson explained that the goals were implemented through the Ashland Forest Plan adopted seven years ago. The commission will review and modify the goals. Morrison distributed his ideas for rewording Goals 1, 2 and 5 (attached as Appendix A). He stated his belief in the need for a concisely worded goal followed by more specific strategies or action plan. Binnewies felt that the less specific the goals, the better. For example, he felt that developing educational programs called "attention" to the Forest Plan and may cause problems. He would like to see less emphasis on the watershed for public use. Schehen agreed that we should not advertise the trail system to protect the area, however, he felt public education was crucial. Robertson didn't see the problem as one of recreation, but as needed cooperation with adjacent land owners. Binnewies agreed with the need for cooperation. Morrison saw the issue as "stewardship" versus "recreation." He felt the more informed people were, the better. Eggers saw both the advantages and disadvantages of educational outreach, but feels a duty to inform. She sited the example of the public's definition of the watershed as just the forest portion and not including the entire city. Robertson brought commission focus back to Morrison's proposed changes to the three goals. He was in favor of the new approach. Schehen agreed and commission concensus was to change the proposed style of Goals and Strategies. Robertson suggested commissioners take a look at the rest of the goals and bring back suggestions at the next meeting. Morrison asked about Goal 3, Biological Diversity, and its definition. He wondered if it meant indigenous biological diversity. Commission agreed that term should be defined. G:Dawn\ForesAMinutesVuly 99.wpd Binnewies made the comment on Goal 2 (Develop an organizational structure that will ensure proper protection and management of the City's forest land) that any newly formed group would need City Council approval. Schehen saw the goal as already in place. Robertson reminded the commission that their defined duties in the adopted Forest Plan included control of their budget. If any of these policies change, then they would need Council approval. Woodley said the Forest Plan is roughly defined, but he assumed the commission would focus on its own expertise. For example, contracting with Marty Main under the supervision of Fire Department. Morrison saw the goal as a "clarification" of the type of organizational structures. Eggers thought that "provide" was better wording than "develop." Morrison asked again about Goal 4 (Plan and manage wildland vegetation and other resources in a manner that emulates natural processes). Robertson wondered if this goal applied to different age groups as well as various biological groups. Woodley would like to see clarification on the reintroduction of native species. Eggers felt the commission may not be appropriately responsible for this goal. Woodley mentioned that the Forest Plan says the commission is responsible therefore management should be done consciously. Robertson requested the advice use of an aquatics expert to help with the fish issues. Woodley added the need for help from Fish and Wildlife in riparian areas. Schehen suggested these suggestions be implemented as strategies under Goal 4. Eggers emphasised the importance of each strategy on fisheries and fish habitate. Robertson suggested shelving the rest of the discussion until next meeting with commissioners bringing back comments then. The felt that 30-40 minutes of discussion in the beginning of the next couple of meetings would finalize the goals and strategies. IV. STATUS UPDATES A. Forest Lands Contracting - Keith Woodley — Woodley suggested a sign be posted at Unit U, the large granite pit area, to notify public of geologist working in that area. Brown is working on run-off issues. In Unit F, the east side of Ashland Creek, crews are piling down and dead debris to burn during the winter. C1, C2 and E2 are also piling follow up debris for winter burning. Main's crews will need to stop work in a couple of weeks as fire danger increases. Main will be working on a summary report during this slow down for presentation to the commission in September. Although work has finished at Crowson Reservoir, property lines need to be marked, area within ten feet cleared, and public inquires fielded regarding why certain areas were left untreated. Eggers wondered about the guidelines for thinning. Woodley explained that guidelines are in the form of prescriptions found in the Forest Plan. Generally, thinnings are done in low-risk areas with pockets of untreated higher-risk areas. Piling is done mostly by hand. The last fire was in 1959. B. REAL Corps - Fleeger was not at the meeting so report was conveyed by Woodley. The GIS project is not complete and will continue in September. Wildland areas will be added to the database. C. Update on Trail Users Subcommittee — McFarland reported that he walked the BTI and Alice in Wonderland trails. Alice is heavily used and crosses three private properties. The subcommittee will contact property owners to request continued use of these areas. The subcommittee looked into possible relocation of the trail, but other options are too steep. It was also recommended that the BTI trail be redesigned due to large erosion areas. No sections should have a slope greater than 16 feet or blind corners. Woodley would have the work done through REAL Corps. McFarland reported that Parks will build a spur to Waterline Road for the Alice trail. He fears that if the trail is closed, people will find their own way through the area. Eggers asked for a map of the trail system. McFarland will make copies for the commission. Lastly, McFarland wanted to get the commission's opinion on an issue with the lower Loop area. The area is full of Manzanita. The Forest Plan asked for area to be mosaiced with machinery, but they have been clearing the area by hand. Parks is having lots of trouble with illegitimate trails. A mosaic pattern will help hide pedestrian access. He asked which was more important, thinning the area causing more erosion and pedestrians or leaving area untreated. Woodley stated he would need a geology examination of the area to answer McFarland's concerns. Brock questioned the recommendation to mosaic the Manzanita. He said it can slow fire G:Dawn\Forest\Minutes\July 99.wpd and pines can be planted in open areas as well as reducing the visual, however, it opens these areas for excess growth of Starthistle and Scotchbroom. Robertson suggested looking at the map next month and considering subcommittee's recommendations for implementing next Winter. Morrison left meeting at 6:40 p.m. V. OTHER BUSINESS — No other business. VI. INFORMATIONAL ITEMS — Commission discussed informational items. Asked if a field trip through watershed area could be arranged. VII. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING A. Next Meeting: September 8, 1999 B. Continue with Goal Setting / Unit Prioritization. VIII. ADJOURN AT 6:54PM G:Dawn\Forest\MinulesVuly 99.wpd ASHLAND HISTORIC COMMISSION Minutes September 8, 1999 CALL TO ORDER At 7:42 p.m.,Vice-ChairpersonTerry Skibby called the meeting to order at the Community Center. Members present were Terry Skibby,Gary Foll,Curt Anderson,Dale Shostrom, Kay Maser, Keith Chambers,Joan Steele and Vava Bailey. Also present were City Council Liaison Cameron Hanson,Associate Planner Mark Knox and Secretary Sonja Akerman. Member Jim Lewis was unable to attend the meeting. APPROVAL OF MINUTES Anderson moved and Maser seconded the Minutes of the August 4, 1999 meeting be approved as submitted. The motion was unanimously passed. PUBLIC HEARINGS Planning Action 99-101 Conditional Use Permit 514 Siskiyou Boulevard Lloyd and Sandra Erb Knox reported this application is for a transfer of ownership for the Royal Carter House Inn. Staff feels comfortable with this application and is recommending approval. A note of historical information: Skibby stated the E.V. Carter House, currently located across the street at 505 Siskiyou Boulevard, was originally situated at 514 Siskiyou. This house was moved and the Carter-Fortmiller House was built in 1909. Steele moved to recommend approval of this planning action to the Hearings Board. Chambers seconded the motion and it was unanimously approved. Planning Action 99-102 Site Review 141 Lithia Way Allan Sandler and Ed Bemis Knox explained this application is for a two-story commercial building to be constructed on vacant property. It will be the first building to come under the recently adopted Downtown Design Standards. Staff feels good about the project. The applicants have been to the Review Board and have made changes to reflect concerns of the Board and Staff. The building will encompass the entire lot. The design of the building is in context with the area, and design elements such as awnings, clear vertical separation between floors, as well as horizontal separation with the windows, have been incorporated. Structural brick and synthetic plaster will be used on the front and rear. On the Will Dodge Way side of the building(rear)the architect has integrated a Tuscan influence which adds a positive element to the alley. There will be a second story balcony with columns and decorative iron railings. Staff feels the variety of design in the alley is appropriate. Staff is somewhat concerned, however, about the concrete block side of the building that will face Harrison's parking lot. Sandler clarified the wall will be almost identical to the existing building as it is now. It will have some type of detail and will be nicely painted with a compatible color, probably the same as the brick. He stated the parking lot adjacent to the wall would most likely become a building before too long anyway.The building will house a jazz club and the interior will be for dancing. He and Bemis have no intention of selling the property. Skibby asked for more clarification of the detail on the front of the building. Sandler responded there will be plaster on the bottom with brick above that. He also pointed out the reliefs and further explained the brick will be red and the plaster will be painted a lighter color. Sandler then wanted to know what the Commission thought about a stamped cobblestone pattern in the alley for the 40-foot width of the lot. All members thought it would look nice. r, Knox related the second floor in front will cantilever out over the entry in the front. When Anderson asked what type of lighting the building would have, Sandler responded it will be soft lighting in the ceiling of the overhang and will be directed downward. Skibby questioned where the meters would be located. Sandler stated they will be sunken in the ground at the alley side and will actually provide for more electric capacity than this structure will use. A wall will also cover the area. Knox asked Sandler about the transparency of the windows in front. Sandler replied they will all be clear glass, however in the storage area, they have thought of having silhouette cut outs of perhaps a couple sitting at a table with back lighting. Knox then questioned the two lower right side windows on the front of the building. Unlike the other windows on the drawing, no transoms are indicated. Sandler stated he will add the transoms so the windows are consistent. Shostrom commented the City has to live with the existing building because it is already there. 90-100%of the view driving down Lithia Way will be the blank side of the wall on the new building. This could be an opportunity to make something nicer out of the wall because it maybe that way for 25 years. He would like to see a higher contrast material used or at least the color toned down. Sandler said he is concerned about the dark color because of the large size of the building. He wouldn't mind changing the color, but would rather do it after the building is constructed. He could have his painter splash different colors on the wall when the time comes. Shostrom said he likes the idea of a more homogenous building colorwise,but would prefer stucco rather than synthetic plaster on the bottom. Sandler said it would be too expensive. Chambers stated the building will be impressive and will make a positive improvement in the area. He said he agrees with Shostrom about the blank wail and went on to say he had recently been at the Stanford Mall and observed walls that had paintings of doors and windows. He suggested doing something similar. Knox said that would not be allowed under our ordinances. Chambers then asked why a real rock face pediment on the bottom of the building was not being considered, as it would be a very big improvement. Historically,base pediments were often stone. He also said he would prefer the applicants not use smooth brick. Sandler stated the brick will be rough textured. He also maintained he does not like fake rock and the good stuff is too expensive. Bemis said he did not want to use rock anyway. Chambers countered by stating the citizens of Ashland will be the beneficiaries even though it may be more expensive. Shostrom agreed with Chambers and also stated by increasing the size of the columns on the bottom,it will give a corbel effect. The synthetic plaster looks too light. If the columns were beefed up, it would also help to add strength to the bottom of the building. He also stated he would like to see specific dimensions in detail. Shostrom then said the columns in the middle are too narrow and would like to see them line up better. The floor plan differs from the elevations provided. For such a heavy building, the columns appear too narrow and he recommended increasing them to 16-20". He then commented the band to delineate floor levels seems too light. Chambers stated he likes the band. Sandler noted the band will look like concrete. Chambers stated he did not want to drop the pediment issue. This would be a relatively small change that would make a big difference in the appearance of the building and he does not think it is too much to ask. The fact is is that the base is supposed to look more solid. This can be a change in color,texture or different size of brick. Knox interjected this is one of the criteria in the Downtown Standards and quoted "Buildings shall provide a foundation or base, typically from ground to the bottom of the lower window sills, with changes in volume or material, in order to give the building a 'sense of strength'". Sandler agreed to widen the columns in the middle and at the base. He also said he will use concrete,different brick or split face block, but not heavy stone for the pediment. Shostrom stressed the fact the pediment needs to delineate strength. After discussing the above concerns, Shostrom moved to recommend approval of this application to the Hearings Board with the condition the architect look at features that have been discussed and come back to the Review Board with changes,including relief drawings to at least 1'W = 1 foot, prior to drawing the fully engineered plans. Following is a list of the concerns: 1) the interior front columns be expanded to 16-20"and moved in line with the window joints, 2)the base of the columns be corbelled 3-4" to provide a sense of strength, 3) the cornice level at the parapet wall should have more flare to it(34" would be more appropriate), 5) the side elevations of the columns should return two feet (need to see elevation of this), 6) relief in the front profile section be expanded to be more substantial,and 7)the material for the pediment needs to be heavier(a larger size darker brick would be OK). Steele seconded the motion and it was unanimously approved. Ashland Historic Commission Minutes September 8, 1999 2 BUILDING PERMITS 155 Eighth Street -The owner of this house and her contractor were invited to the meeting to get direction on an addition to the second floor. They had proposed a shed dormer, however,the Review Board felt it was not an appropriate design and was concerned part of the gable on one side of the house would be removed. Discussion ensued after they left whether or not it is appropriate for citizens to come to the full Commission meeting with design problems. Steele said she feels the Review Board could give people direction,thus not taking time from the monthly meetings. In contrast,Skibby said he feels the Commission is hereto help. He also commented not all members have expertise in design and since the Review Board only consists of three different members each week, it could delay projects unnecessarily. Also, in this case, the timing was better for the owner of 155 Eighth Street to come to the full Commission meeting. Permits reviewed by members of the Historic Commission and issued during the month of August follow: 152 Heiman Street Don Wilson Addition 562"A" Street Gary Powell Addition 525"A" Street Peter Brunner/Cynthia White Office/Residential Building 258 Third Street Vivienne Friedman Remodel 88 North Main Street Ashland T-Shirts Sign REVIEW BOARD Following is the September schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: September 9 Skibby, Chambers and Foil September 16 Skibby, Steele and Anderson September 23 Skibby, Steele and Maser September 30 Skibby, Bailey and Shostrom OLD BUSINESS Project 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 Foil PA#99-020 525"A" Street Lewis PA#99-062 Van Ness Avenue Foil PA#99-102 141 Lithia Way Shostrom Grant for National Register Web Site Knox related he is close to having all the photos completed. He will then tie everything together,including the formats and maps, and submit it to the National Park Service, probably by the end of this month. Removal of Fish Barriers in Ashland Creek as it Flows Through Lithia Park Skibby reported the Parks Commission voted to retain dams 1 and 2 and to remove dam#3. He then showed the Commission a photo taken circa 1890 that depicted the mill run from the original flour mill that was located where the Perozzi Fountain now stands. Dams 1 and 2 seem to be connected to this original mill. He also noted fish passage will be provided on these dams. Ashland Historic Commission Minutes September 8, 1999 3 NEW BUSINESS Southern Oregon Training Workshop Knox related the Cities of Ashland and Jacksonville and the State Historic Preservation Office will be sponsoring a training workshop on October 2 in Jacksonville. Bailey, Hanson and Skibby said they would be able to attend. Knox volunteered to drive. ADJOURNMENT With a motion by Anderson and second by Foll, it was the unanimous decision of the Commission to adjourn the meeting at 9:46 p.m. 4 ASGINMI Historic commission Minutes May 5, 1999 ASHLAND CONSERVATION COMMISSION MINUTES August 25, 1999 CALL TO ORDER — The meeting was called to order by Chairperson Carole Wheeldon at 7:05 p.m. in the City Council Chambers. Members present were Carole Wheeldon, Bruce Moats, Kari Tuck, Howard Braham, Karen Amarotico, Russ Otte, Russ Chapman and Ashley Henry. Staff present were Dick Wanderscheid and Sonja Akerman from the City. Member Kirk Evans was unable to attend. APPROVAL OF MINUTES—Chapman had two corrections to the Minutes of the July 28, 1999 meeting: chipper day/week will be in September, and the high school essay contest will be in October. Chapman then moved and Braham seconded to approve the minutes as corrected. The motion passed unanimously. ASHLAND SANITARY & RECYCLING UPDATE — Chapman reported solid waste companies, Jackson County and several local municipalities formed a consortium to sponsor a waste reduction education program. Amy Amrhein constructed a curriculum specific for different grades. Dan Murphy will be one of the presenters, as well as Rogue Disposal personnel. This school program will help Jackson County reach the 42% solid waste landfill diversion by the end of 2001. The Commission briefly discussed the Green Schools Program and Otte noted Murphy could integrate that program with his presentations. Wheeldon would like this to be an agenda item next month, as this is a great opportunity to coordinate the education program with Green Schools. PUBLIC FORUM — Paul Kay informed the Commission he has been working with Wanderscheid, Robbin Pearce, and Irrigation Specialist Eric Setterberg from the Parks Department on a subsurface drip irrigation project. He would like to see subsurface drip irrigation used on the three main water users — fruit trees, pasture lands and grass turf — because the system is so efficient. It looks as though this system will be tested at the City yard on "B" Street near Mountain Avenue. He would also like to test it at the dog park where wastewater effluent can be used. The system consists of underground drip lines. Efficiency rates of the various systems are as follows: Flood irrigation (40-50%), spray (75-80%), drip (90-95%) and subsurface drip (90-95%). Henry commented it would be great to offer incentives for citizens to switch to this type of irrigation. Wanderscheid explained Pearce and Setterberg really want to have this system installed on the "B" Street yard and most likely have a vendor that will donate the supplies. They aren't sure, however, if this will work in everybody's yards. Wanderscheid also doesn't know if Public Works will give the approval for installation of this system in the dog park. He noted the Conservation Department has money in its budget for a pilot program. Wheeldon asked Kay what it would cost to manage such a program. He replied he had written a draft grant proposal that he submitted to the Bear Creek Watershed Council (BCWC) for its endorsement to secure money from the Governor's Watershed Enhancement Board (GWEB) in the amount of$70,000. He was asking for$40,000 from GWEB and $30,000 from the City of Ashland. The BCWC did not endorse the proposal because it was felt this would be an unnecessary expenditure of state money for something that should be accomplished eventually, the technology may not be ready for widespread use, and there may not be a large enough market for pasture acreage. Kay will work out a budget and present it to the Commission for its next meeting. Wanderscheid will talk with Pearce and Setterberg to find out what still needs to be done. He will report back to the Commission at the next meeting. Kay's phone number and e-mail address are as follows: 488-8840 and ursa @mind.net. OLD BUSINESS: Education Subcommittee Report — Henry reported Otte and Braham will write the final two articles for the Tidings. Wheeldon said she would like to know if the articles generated questions that needed to be addressed. She suggested using this basis for a Jefferson Monthly article. Tuck informed the Commission there would be a worm composting class on August 28 at the North Mountain Park and also one on September 25. Green Business Subcommittee Report—Chapman reported this committee did not meet last month. Jefferson Monthly Article—Ross Finney wrote a Green Business article for the September issue. Wheeldon will write the next article. Shakespeare Ad — Wanderscheid stated the Commission can buy an ad in the Shakespeare Playbill to advertise the Green Business Program and list green businesses. For $850, there would be enough space to briefly describe the program and list the businesses. Wheeldon said she would like to see the program take a big surge. It will be discussed in more detail at the next meeting with Finney. Chapman said the subcommittee would get together prior to the next meeting. Wanderscheid noted the deadline for the ad is in December. The Green Business Program would need to get businesses signed up and compliant by then. He said he would like to see the program in full force by Earth Day 2000. Chapman would like to get City Council endorsement as soon as possible. Solar Program Grant—Wanderscheid reported the program is evolving daily. The Oregon Shakespeare Festival and the Post Office have both committed to installing solar PV systems. The City of Ashland will also have a system installed on the Council Chambers building, which will have a hands on demonstration approach. Avista might purchase the tax credits and there may be a way for the participating institutions to utilize this credit. Also, there is a chance Bonneville Power Administration (BPA) might move money to pay for the installation of its own systems. The price for the systems has come down since the City received the grant. In addition, Wanderscheid informed the Commission six people have signed up to pay the extra $4.00/month for solar electricity. This program had not yet been advertised. 170 people will need to sign up in order for the program to work. He would like to launch this program on Earth Day 2000. Tuck volunteered the education subcommittee to help in this celebration. NEW BUSINESS: Budget—There have been no new expenditures. Oregon Trout Single Fly Event—Wanderscheid reported Oregon Trout is asking for volunteers to donate money to be one of the sponsors for this event. Henry explained Oregon Trout's purpose is to protect and restore native fish and their habitats in Oregon. This is a fundraiser that got its start in Wyoming and is now a multi-million dollar event. It will be a single fly competition held on the upper Rogue River on September 26. There will be sponsors for different boats, teams of two people per boat for the competition, a silent auction, good food and lots of fun. Fall Leaf Program —Wanderscheid explained last fall Henry brought up the fact that many drains in the Railroad District were clogging because of the debris that was collected at the drainage points. This caused intersections to flood. Wanderscheid described the leaf pick-up program the City of Medford has. Chapman gave a background for the programs Ashland Sanitary has for leaves and grass. He stressed most of what is collected goes to private parties. He also said he would like to incorporate drains into the Adopt-A-Street Program. Henry suggested highlighting a couple streets this fall for keeping drains clean. This would be a good community service opportunity. Discussion ensued regarding schedules (or non-schedules) of the street sweeper. Wheeldon and Chapman would like to be notified what day and what month their streets will be swept. Wanderscheid will talk with Public Works and report back to the Commission. He also will ask what happens to the street sweepings. Bob Guerra, from DEQ, commented the State has recently developed composting regulations. Ashland has a great reputation for recycling and if a system could be developed for local compost collection for such things as leaves, Ashland could have its own composting facility. The education, he said, is already here. If there is a program for leaves and grass, there won't be much to pick up from the streets. Tuck suggested setting certain days for leaf pickup. September Meeting Date—Wanderscheid stated he will not be able attend the September 22 meeting and wondered if the Commission would be willing to change the meeting date to September 29. All members except Otte, who has a previous commitment for the 291", concurred it would work for them. North Mountain Park — Tuck informed the Commission restoration work has started and should last four to six weeks. There are now eight rock weirs in Bear Creek for fish spawning. She also invited everyone to a restoration celebration on September 12 for the natural area of the new park. ADJOURNMENT—The meeting adjourned at 8:42 p.m. Ashland onservation Commission 2 Minutes August 25, 1999 ASHLAND AIRPORT COMMISSION .: August 4, 1999 MINUTES MEMBERS PRESENT: CHAIRMAN PAUL ROSTYKUS, DONALD FITCH, LILLIAN INSLEY, ALAN HASSELL, COUNCILOR CAMERON HANSON STAFF: DAWN CURTIS MEMBERS ABSENT: BOB SKINNER, FBO; ALAN DEBOER, KENNETH EHLERS, WILLIAM SKILLMAN, MARTY JACOBSON, PAULA BROWN I. CALL TO ORDER: 12:00 NOON II. APPROVAL OF MINUTES: JULY 7, 1999; Approved with changes. III. ADDITIONAL AGENDA ITEMS: Staff was contacted by William Firman regarding his proposal to build a hangar at the Ashland Airport. At this time, his focus will be elsewhere and he revokes his proposal to build. The Commission needs to decide on the $2,000 deposit; do we refund it or keep it. Commission could not clearly recall if they had agreed to refund the money in this event. Staff will research past minutes to ensure whether the money was refundable or not. Insley thought that the money may have been deemed as a security deposit to hold the space for building. The money would guarantee the space if other offers presented themselves. We had no other offers during this time. Staff will bring in past comments regarding this topic to the next meeting. IV. OLD BUSINESS: A. PENDING PROJECTS 1 . Hangar Development The Tara Labs and Given's leases need to be presented to City Council for signature by the Mayor and City Recorder. This will be presented at the September 7'h Council Meeting. Eric Libby addressed the Commission in regards to the Neuman Hangar progress. As it stands now, the steel manufacturers have been slow in their response. Libby had, at first, sent the design and request for quote to the same manufacturer that John Day had used, but they are backlogged and have yet to submit a quote so Libby has implored other manufacturers in hopes of speeding the process up a bit. He now has two other companies compiling quotes. His goal is to match the John Day hangar structurally as closely as possible. Curtis has supplied Libby with a draft lease for the Land Lease for the hangar. He will contact Brown or Scales to further discuss any alterations or additions to the terms and conditions of the lease. G:DawnWrpWinuleslAugue199.wpd Fitch asked the Staff to look into the terms of the leases regarding use of hangars as , garages rather than a airplane hangars. One of the tenants occupying a hangar has no plane or aviation equipment that is apparent with the hangar door open. Could we review the lease and see if there is any way we could enforce the issue of the hangars being used as hangars and not storage sheds. 3. Fuel Tank Status Staff presented the final payments for the fuel tanks. The costs came in $26,000 over budget. We will have a chance to discuss this and other financial matters with Jill Turner at the September meeting. Libby did comment that the pumping mechanism for the new tanks is really no improvement over the old. Libby/Neuman will be acquiring a new plane with a more sophisticated type of fueling system. They will probably be willing to invest in the fuel pumps more when their hangar is completed. Staff will ask Skinner if the filter cleaning and adjustments that Bergeson/Boese made have made a difference. 4. Sanitary Sewer Line Plans and specs were brought by Staff to show the direction and layout of the sewer line construction. The creek crossing will need to be accomplished during September and October. Libby asked if tie-ins will be done during the construction phase? Rostykus advised Libby to research the service and connection fees with the City so that the permitting will be in place. Insley asked if there will be conditions for bringing back the airport to original conditions after all the asphalt cuts and clearing are done. B. LEGISLATIVE ISSUES Not much news yet. Ashland was listed in the Oregon Flightlines as being a candidate for asphalt repair in the next two years if House Bill 2199 establishing a 34 avgas tax increase passes. C. BUDGET REVIEW We will have Jill Turner address the Commission in September. D. MAINTENANCE ISSUES None. V. NEW BUSINESS: VI. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. STATUS OF AIRPORT FINANCIAL REPORT REVIEW OF SAFETY REPORTS Skinner will update at next month's meeting. B. AIRPORT ASSOCIATION REPORT— None. C. CAP — Curtis Tidmore Letter There has been no response from Tidmore regarding the antenna to this date. c:D� rpWnutes%ugmtee.wpa 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 Fitch brought up a concern that star thistle weeds have been invading the airport grounds. They are reaping havoc on the pavement. Can Staff look into what can be done to eradicate the weeds. Staff will contact the Parks Department for suggestions and report to the Commission. IX. ADJOURN Meeting was adjourned at 12:45 PM. G:Dawn%AirpUnutes%ugust 99.wpd City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES August 16, 1999 ATTENDANCE: Present: Teri Coppedge, JoAnne Eggers, Sally Jones, Rick Landt, Council Liaison Don Laws Absent: Laurie MacGraw 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 Commissioner Landt said that he would like to have a discussion related to the new policy on bids added to the agenda. With other Commissioners' concurrence, Chair Eggers added the item under Items from Commissioners. III. APPROVAL OF MINUTES A. Reciular Meeting - July 19 1999 Commissioner Landt said that he would like to correct the minutes as follows: • On Page 4 at the end of the section related to the parking lot surface it should be noted that "Commissioner Landt would work with the Director to implement the flood concepts." • On Page 7, related to the motion on policy for approval of bids, that it should be noted that this policy does not relate to approval for bids on service contracts, and, on items 1) and 2) of the motion that the word "will" should be changed to "may" because the word will implies that staff must approve the bids rather than that staff has the authority to approve the bids if they fall within the guidelines. • Also, on item 1) that the words"current year's budget"was included in the motion and should be omitted. Commissioner Eggers said that she would like to correct the minutes as follows: • On Page 3, second paragraph, in the first sentence she would like to delete the word"final". • On Page 4, related to the fish barriers or Dams, to delete the word 'Wooden" in all instances where it is used. She said that she felt that just using the word structure or dam was more accurate. • On Page 4, under Dam #2, second sentence, delete the phrase"under historic preservation laws." Commissioner Landt made a motion to approve the minutes of the July 19, 1999 Regular Meeting as amended. Commissioner Jones seconded. The vote was: 3 yes - 1 abstain (Coppedge) B. Special Meeting - August 2, 1999 Commissioner Eggers said that she had one correction. In the third paragraph on Page 4 it refers to the monies available for the Calle Project as having been budgeted in fiscal year 1999-2000. She said that that the monies had been set aside for 2000-2001. Commissioner Landt said that he also wanted to amend the minutes as follows: at the second bullet on Page 4, referring to the small bowl on the west side "as illustrated in , i . Regular Meeting-August 16, 1999 Page 2 of 14 Ashland Parks and Recreation Commission alternative B", he said that he felt the phrase "but reduced in size" should be added to the end of the sentence. Other Commissioners who attended the meeting concurred. Commissioner Landt also inquired about the fax which had been received dated August 13, 1999 related to the consultants' notes regarding the August 2n° meeting. He suggested that the Commission review the fax and incorporate those notes into the minutes of the Special Meeting so that they would be part of the public record. After some discussion, by consensus, Commissioners concurred with the suggestion. In reviewing the consultants' notes, under the section West Side Improvements, Commissioner Landt said that he did not believe Commissioners indicated that they would "Prefer to remove the existing concrete wall." He said that he would like to amend the wording to read that it was an "alternative", not a "preference." Under East Side Improvements, second to the last bullet, in reference to the need for maximum vehicle access, he felt that second part of the sentence should read that "a balance between trees, other amenities and access" should be achieved. Other Commissioners concurred. MOTION Commissioner Landt made a motion to approve the minutes of the Special Meeting of August 2, 1999 as amended and that the Consultants Notes as faxed August 13, 1999 as amended be included as part of the minutes. Commissioner Jones seconded. The vote was: 3 yes - 1 abstain (Coppedge) IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner Coppedge made a motion to approve the previous month's disbursements as indicated by checks #25670 - 26211 and #100101 - 100205 as submitted. Commissioner Landt seconded. The vote was: 4 yes - 0 no V. PUBLIC PARTICIPATION A. Open Forum None VI. OLD BUSINESS A. Lighting sports fields at N. Mountain Park Chair Eggers said that in consideration of the long agenda and the number of people who have requested to speak to this agenda item, she asked that each person limit their initial comments to three minutes. If time allows once everyone has had the opportunity to speak, additional comment would be taken from those who had already previously spoken. Wes Reynolds, 1265 Munson Drive, expressed concern as a neighbor because of the visual impact that sports field lighting will have on the night sky which should be considered a "visual resource". He made reference to adding to the "blight of overhead structures", to "light pollution"indicating that he would hope that all lighting in Ashland's parks take into account a "dark sky" policy. He presented a packet of information gleaned from the Internet on the subject. He also said that he did not believe that the youth in our community need to play ball an hour after sunset and that if night games are needed there are already lighted fields at the high school and college. Regular Meeting-August 16, 1999 Page 3 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields 0 N Mountain Park-continued Janet Anderson, 70 Patterson Street, said that this past year she had a friend who was building a house in Ashland who had been required by the City to lower the pitch of his roof in order to keep it from casting a shadow on a neighbor's house during certain times of the year. she said that it didn't make sense to her to have one City department keeping a shadow from falling on another residence while another City department was asking several residential neighborhoods to accept a lot of noise and light at night. And, when she read in the newspaper that these lights would be controlled by the coaches, she said that she felt that the coaches would have to be saints not to "push"whatever time limit was set for turning the lights off when the score is tied and there is only one inning left to play. And, after that, everyone has to drive home. It will not be a quiet place. Sports events are supposed to be noisy. It's asking several neighborhoods to accept a lot. Bonnie.Moody, 511 E. Hersey, said that she lives on the corner of N. Mountain and Hersey. She said that she understood that in very early planning for the park there were concerns expressed about the environment and that it would be a park which would both provide for recreation and protection of natural resources. For that reason, when planning for parking, limited parking was included in the plan with the thought that people would bicycle to the park and use shuttle busses. At that time, the land around the park was primarily open fields but now it is full of residential housing. She said that she believes that now overflow parking will be taking place in residential neighborhoods and on Hersey Street which is not wide enough unless people park in the bike lanes. She said that she believes, with very little public notice, that the focus of the park has changed; that instead of being a natural resource area combined with some sports fields that now it is to be a major sports park with flood light and a P.A. system for competitive sports and tournaments. But the limited parking remains. She said that if the current plans for artificial lighting are implemented and the high school is permitted to use the fields for night games that the neighborhoods will be flooded with'cars for teams which have commuted from out of town. She said that decisions must be'made now which will ensure that the park is indeed a public asset rather than a major public nuisance. Bill Anderson, 370 Patterson Street, said that lighting for the sports fields would create light pollution, the excessive use of light, and "light trespass"significantly diminishing the quality of the night skies in the area. Referring to the adjacent natural area, presenting a packet of information taken from the Internet, he said that information indicates a detrimental impact from lighting on plants and wildlife. He said that such lighting should not be permissible in a city as environmentally contienscious as Ashland. Jerry Asher, 760 Neil Creek Road, President of Ashland Base Ruth Baseball, said that there are no baseball fields which are lighted in Ashland at this time. Currently Babe Ruth uses the High School field and the College Field. Babe Ruth has six teams which are comprised of 100 or more young people. He explained that because of school, Babe Ruth could not start any innings after 8:30 p.m. He said that in the summer time the problem they sometimes run into is games running into darkness. As to the concern that the coaches would be running the lights, he said he was confident that that would not happen, the Parks and Recreation Department would not permit the coaches to run the lights. Overall, he said he supported lighting the fields because of the benefits to youth in the community. Gerald Peterson, 294 Village Park Drive, said that most of his points had already been covered. However, he did express concern about a P.A. system because his experience was that everyone for some distance around the park would hear everything. Staff and Commissioners indicated that Regular Meeting-August 16, 1999 Page 4 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields @ N. Mountain Park-continued there had not previously been any discussion of including a P.A. system at the park but would note the comment. He said that, although he was not here earlier when planning for the overall park was being discussed, that it appears that the proposed usage of the park has increased. One instance in that the proposed parking does not seem adequate for the current usage proposed, for a regional park. Again referring to his previous experience in another town, he stated concern about overflow parking. Greg Howe, 1555 Windsor St., member of the local Soccer Club Board and the regional S. O. Youth Soccer Association, said that he was present to speak for both the board and some of the parents and youth players. The board had taken action to support lighting for the park so that the fields could be used for more hours. Even with these fields there will be insufficient field time available for both practice and games. He said that in informal discussions with neighbors, everyone realized that there were still a lot of unknowns as to how the use of the fields would pan out with the park being utilized by three different sports groups. As there are a lot of things to be worked out, he said that he felt that it would be a mistake to make a decision tonight one way or another. He said that in further discussion he felt that it could be determined what kind of impact would really take place for the surrounding neighborhoods and how they could be minimized. He said that he felt that adopting policies prior to approving lighting would be appropriate. Having been in on the planning for the park from the beginning, he said that one issue after another had been addressed amicably and he felt that the issue related to lighting could be done similarly. Duane Whitcomb, 1179 Village Square Drive, said that his main concern was the parking problem and that the addition of lighting would increase the problem related to limited parking. He said that it was his understanding that the Commission has hoped that the park users will choose alternative means of transportation or car pool but that he has yet to talk to anyone who believed that limited parking will change peoples' transportation habits. He expressed concern that because.the park is being turned into a major, regional park that lighting combined with limited parking will cause excessive traffic, noise, and trash in adjacent neighborhoods. He also expressed interest in looking into purchasing additional field space and in cooperating with the School District to maintain and utilize their field space more efficiently. Don't turn this community asset into a neighborhood nuisance. Peter Jones, 512 Anne Street, approximately two blocks from the park, said that he believes the question needs further analysis. He recommended that the Commission seek consultants who could provide some kind of computer modeling which would demonstrate the impact of lighting on the area. It would provide people the opportunity to see what the effects would be before it really happened. Brad Hadreth, 330 Wimer, said he lived out of the immediate area but was a principal in the development of Mt. Creek Estates. He said he would like to see the park up and running without lights so that the park could establish itself with the associated problems being worked out one at a time. The lighting issue could be addressed later when there was additional information. James Camp, 475 Fordyce, said he lived above the park. He said that we all know that the fields are needed for the youth but we also know that they will have some impact. Those impacts will surely happen during the day but he hoped they would not happen at night. He said that he felt it was the Commission's job to compromise between the needs of the youth for.fields and the needs of the associated neighborhoods. Placing lighting on the fields would not be a compromise. Regular Meeting-August 16, 1999 Page 5 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields 0 N Mountain Park-continued Dick Streng, 1255 Munson Drive, said that his back yard overlooks the park. He said that he didn't know how many fields were really needed for the youth sports groups but did know that because of the current fields planned for N. Mountain that the number of playing fields in Ashland were being greatly increased. He said that he was concerned about the affect sports lighting would have on both the neighborhoods and wildlife in the natural area. He said that he did not know that the "direct" lighting proposed wouldn't still light up the area. As to parking, he said that when the full park was in use with several games going the numbers of people attending would be very large. He also questioned the electric cost related to lighting on an ongoing basis. He suggested one year of play for the park without lights so that a more informed decision about the need for lighting could be made. Paul Mase, 345 Clayton, said that he seconds a lot of what has been said previously in that there appeared to be"a huge vacuum"of information at this time as to what affect lighting would have on the neighborhoods and natural area. More concrete information is needed about lighting itself and what kind of usage policies are needed for the park. He recommended putting off a decision at this time. He said that the rate of change in the neighborhood due to development already seems unspeakable. Perhaps living through a year or two of sports play at the park without lights would be appropriate. Bob Smith, 594 Great Oaks Drive, said that he would hope that the Commission would vote no on lights tonight. But if the vote were postponed, he hoped that the Commission would consider the computer modeling referred to earlier; spend some time with a CAD system to develop multiple views and times of day and make that information available to the public. He said that currently there are a lot of fears and horrible imaginings floating around. Robbin Pearce, 250 Tudor, said that she appeared to be one of the few people here who wanted both. She said that because of new technologies related to lighting that she did not believe that there needed to be a conflict. She said that she did believe that taking the time to create a policy related to lighting was important and could address and mitigate the impacts to the environment and neighborhoods. Ken Newfield, 460 Orchard, said that he had been involved in youth baseball in Ashland for 11 years. He said that although there are two sides to the issue, he strongly believed in the benefits to youth sports activities and that the limited number of fields in Ashland currently limited the number of young people who can participate. Lighting will allow more playing time and will allow more young people to participate. He understands that there will be policies put in place which will require the judicial use of lighting which in only appropriate. Most parents work and most coaches work. Scheduling games at 6:00 p.m. in the early spring allows for an hour and a half to get in a game. Most of those games are called early due to safety factors and low lighting. As to the problem of'trash" which was mentioned earlier, he said that would not be a problem; coaches always require that their teams pick up trash and parents are always willing to help. Pat Adams, 580 Weller Lane, said that she had been to every meeting related to the overall plan for the park from its inception and that on several occasions both lighting and the impact to neighborhoods had been discussed. She said that from its inception it was designed to be a destination park, not a neighborhood park. Ashland doesn't have the spare land or money to continue to build more sports fields. Therefore, the usage of this park needs to be very efficient. Regular Meeting-August 16, 1999 Page 6 of 14 Ashland Parks and Recreation Commission _Lighting Sports Fields @ N Mountain Park-continued She said that she felt that it was important to keep in mind that most of the neighborhoods surrounding the park had been constructed very recently and that the park plan had been in place prior to the time homeowners chose to buy. However, she said that it is very likely that people don't fully understand the lighting being proposed and the kind of policies which will be developed concerning its usage. She said that she understood that it was difficult to come in at a late date and understand all that transpired earlier. Even though she had been through the whole process, she could understand that others need to have more information both about the new technologies and the kinds of policies which will be adopted related to its usage. She said that in adopting policies related to lighting she felt that it will be necessary for the Commission to be very sensitive to the needs of the adjacent neighborhoods but that lighting itself is needed to make the most efficient usage of Ashland's still limited field space. Terry Adams, 580 Weller Lane, acting as a spokesperson for youth softball, said that he is in agreement with what the other representatives of sports organizations had said earlier. They had attended a lot of the same meetings related to the usage of the fields and how the park would be laid out to accommodate the needs of the various sports groups in a limited space. As an example, softball requested 4 fields; they got 2. In part, the sports groups accommodated their need for space to allow more space for the natural area, another exciting component of N. Mountain Park. He said that there are no lighted softball fields in Ashland. He said that he didn't know where the discussion of a P.A. system came from but it had never been discussed in any of the meetings related to usage of the fields -- softball certainly didn't need it. He said that the need for lighting is created more in the spring when sufficient daylight for games and practice is limited. At that time, safety does become a factor. He said that as to how late in the evening lights would be used, he felt that that could be very easily handled with policy. He didn't envision "late games". He too liked to be in bed by 10:00 p.m. "How late"was simply not a factor. He said that very early on when they found out that they could not get more than two fields for softball they talked about how the fields could be used most efficiently. Early evening lighting was the solution. He said that Ashland youth have been sent to other teams in the valley to play because we could not field enough Ashland teams to accommodate them. He said that because there are no lighted fields in Ashland, we have an hour less practice and playing time a day than the teams they are competing against. He said that he hoped this information would also be considered when a decision was made about lighting the fields. Doyle Brightenberg, 350 Phelps Street, said that he believed all the concerns about lighting had been very well articulated. He said that he valued N. Mountain Park as an asset to the community but would prefer to see the usage moderated and therefore he opposed lighting the fields. Darren Borgias, 500 Phelps Street, three blocks from the park, said that as a citizen of Ashland he and his wife remained open to swallowing the very bitter pill of field lighting for the greater good of the community. Mostly he wanted to understand the public process. He said that even living just three blocks from the park that they had not been notified about the proposal to light the fields. Even though there was no legal obligation on the part of the City, they were offended by the lack of sensitivity concerning such a large project. He said that some of his neighbors felt the same. He presented a petition signed by neighbors which indicated that they feel they have been "left in the dark" due to the process. He also read from a flyer prepared by the Department which said that the plan for the park included three lighted sports fields. He said that there are "two master plans". The one adopted in 1996 which does not show lighting. He talked to Department staff which cannot produce any documentation related to lighting being adopted. He said that he had been banking on the approved master plan adopted in 1996 which does not show lighting. He said if the Regular Meeting-August 16, 1999 Page 7 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields 0 N Mountain Park-continued lighting goes in his property value will decline. He said that he believes that a new public process needs to take place related to lighting and that perhaps a better idea which would address the community's needs could be found. He felt that a public process which truly disclosed the plan should occur. He said that the Department had been helpful in providing the information he had asked for related to the light plan but he was surprised that he had had to "dig it out"and that the public had not previously had the information. Barbara Christenson, 759 Willow, said that she was a past board member and coach for Ashland Little League, a past board member and President of Ashland Babe Ruth, and a past coach for YMCA youth soccer. She said that she believed that those experiences provided her with significant information about the needs of our children for playing fields. She said that she has been involved with the process for the design of N. Mountain Park from "day one." She said that she felt that it was important to remind everyone that the reason this property was purchased was to provide a sports park. Early on in the planning for the park she said that it felt like there were two separate groups: the environmental group and the sports group. But she said that also early on it became obvious that the two dissimilar parts of the park could mesh. Just as she is an advocate for youth activities, she is as strong an advocate for our environment. Over the three years that large and small groups met to discuss the plan for the park she found that people worked hard to come up with a good plan for the entire park. She said that everyone tried very hard not to have the two different interest groups pitted against each other; that everyone wanted to do the best for the community as a whole. The lights are important so that the field space can be used most efficiently. Referring to the plan for the active, sports area which illustrated the overlay of the fields, she said that it was obvious that the fields are laid out to offer the maximum use of space. And, still, it will not serve the needs of the youth sports groups. She said that she believed that if we work together that it will be just as possible to work out a compromise related to the use of lighting as it was to work out the sharing of the property between the active area and natural area. Carol Carlson, 509 N. Mountain, said that she always knew that there were going be ballfields but it is the.level of activity which now has her concerned. She said that it was quite alarming when she read that lights could possibly be used until 11:00 p.m. She said that her preference would be to go slow, see what impact this active sports area will have on the neighborhoods before jumping into something radical. She said that because of all the fast growth and development in the area that she felt that there needed to be thought placed in providing something which would be quiet and restful in the area. She said that she believes it still needs to serve as a neighborhood park even if it is also a city-wide park. Susan Bizeau, 304 Clinton, said that she didn't have anything new to say but wanted her opinions registered. She said that the dark and night sky was very important to her. And she was also concerned about the possible affects on property values that lighting would have on nearby neighbors. Jay Lunt, 145 Manzanita, said that like many other people here he had attended all the planning meetings for N. Mountain Park. He said that he concurred with others that the whole process had been characterized by compromise. However, after hearing a lot of valid concerns expressed this evening, he felt that more research is needed into the affect lighting will have. He said that he was a board member of the Ashland Soccer Club and a youth soccer coach. By way of information, he said that he did not see hoards of people coming to the park for a.game at 10:00 p.m. He said that also he could not envision-a parent allowing him to keep their child at a soccer field until 10 at night. Soccer has traditionally, worldwide, been a game played on grass during the daytime. He said that lights would primarily help at the end of the fall season and beginning of the spring season when Regular Meeting -August 16, 1999 Page 8 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields @ N. Mountain Park-continued they would provide an additional 12 team hours of play if the lights were used only until 8:00 p.m. The lights would provide a measure of safety during twilight hours. He said that he would like to see the community work together on this issue similarly to the way it worked during the early part of the planning process. Thomas Bizeau, 304 Clinton, said he echoed a lot of what has been said previously regarding not having lights installed. He said that with the new fields there will be more playing time than there has previously been even without lights. The other night-lit fields within the City should be looked at because they will demonstrate the kind of impact that lights will have on the area. Also, N. Mountain Park is a bowl which means that the surrounding neighbors will be the spectators. Purchasing the land as a sports park does not necessarily mean that it was the right property for this type of activity. If the lights were always part of the discussion then they should have been put on the plan. They will devalue quality of life and property values. However, if they are allowed, he advocated a well-drafted policy related to their usage which would take into account both the sports groups and the neighbors. Larry Christensen, 759 Willow, said that he had been involved with youth sports in Ashland for 10 years and with the planning process for N. Mountain Park from the beginning of the planning process. Now, the sports field are currently being constructed. He said that he believed the only question left was whether or not lights would be installed. He said that he felt that the best action for the Commission would be to move forward with the lighting project, don't delay it. The Commission can do its studies as to the best kinds of lights and establish the kind of policy it needs. He complimented the Commission on all the work it had done to date. Matt Faurot, 418 Ray Lane, said that he lived next to Hunter Park which has lights at the tennis courts. He said he was a beginning astronomer and enjoys looking at the night sky as others mentioned. Also, he is an extremely avid soccer player. He said that soccer is a sport which is played all year. Many adults need to play or attend their children's games after they get off work. That leaves very little time to play. He said he understood the situation of the N. Mountain Park neighbors when they envision going from situation where they have no light now to lighted sports fields. He said that he lives where he has a close view of both the lights at Hunter Park and SOU and they do affect the night sky. He looks forward to them being turned off. But he sees the value of having use of playing fields during after dark hours, and, as a growing city the necessity of providing additional facilities for both youth and adults. Cate Hartzell, 881 E. Main, said that she had participated in the planning process for N. Mountain Park and during that time wore at least two hats. One of her sons is an avid baseball player, the other plays soccer and she is a naturalist who works with natural resources. She said that she had heard lights for the fields discussed right from the beginning. She said she also valued wildlife and the natural area which is part of the park and perhaps we don't know enough about how lighting would affect that area. But as a community we often must deal in trade-offs and compromises which ultimately are based on our values. She said that she felt the decision would require a longer discussion than would be able to take place at this meeting. She said that the sports area is important; that she had been on the sidelines of many games which had to be called. She believed there was room for discussion and recommended that the Commission not hasten to a decision. Ron Roth, 6950 Old Hwy. 99 S., spoke of his childhood and young adult years in which he participated in baseball and softball on lighted fields. He participated in Ashland's Adult Softball League when he moved here and frequently had games called because of darkness. He said that with judicious policy related to how they are used, he believed it would be an asset to the park to have lighting on the fields. Regular Meeting-August 16, 1999 Page 9 of 14 Ashland Parks.and Recreation Commission Lighting Sports Fields @ N. Mountain Park-continued Once everyone from the public had spoken, Commissioners discussed the topic. Staff reported that the bids related to materials for lighting came in between $150,000 -$200,000. However, in considering the overall budget for developing the park, staff needed to wait for the estimates for construction of the restroom and concession buildings to determine whether or not there would be sufficient monies in the budget to accommodate lighting. As a side comment, Commissioner Eggers indicated that she felt that on many projects such as this that a three-dimensional plan would be helpful to visualize what would be taking place on the ground. She asked that that be kept in mind on future projects. Offering an apology, Commissioner Landt said that he believed some undue strife was caused by the wording on the flyer which was sent out to the neighbors. He said he had spoken to the Director of his concern and was assured that staff will make every effort to be clear in the future. He also said that he believed that there should have been a correction run in the Tidings related to the article which ran in the front of the sports section which was also mis-leading if only the first part of the article was read. He said that he believed that there would be good reason to postpone the decision tonight. If not, he would support lighting the fields if the following conditions be put in place: 1) That all ballfield lighting be of the type that downlights, avoiding direct light of areas off the ballfields. 2) That all lighting for the park pathways, driveways, buildings, and parking lots be downlighted, with no direct light visible off park land or into the natural area. 3) That the money for lighting for the ballfields be raised by the organizations that will benefit from the lighting. 4) That the money for concession stands, team rooms, softball pitching, and indoor batting cages be raised by the organizations that will benefit from the lighting. 5) That ballgame start times shall be set so that the vast majority of games are over by 9:00 p.m. 6) That a study of parking, needed for games as proposed, shows that sufficient parking exists on site to accomodate the expected turnout. And, finally, he said he wanted to compliment Duane Whitcomb who reached out to neighbors and the sports community to bring people together to discuss the topic so that they might find a common ground. He said that he applauded Mr. Whitcomb's effort to bring people together. Commissioner Jones said that she would like to speak next because she as well as Commissioner Landt had not been on the Commission when decisions were being made about N. Mountain Park. She thanked members of the public who had provided information and offered their comments. She said that she too would like to delay a decision so that more information can be provided and so that any mis-information which may be out there can be cleared up. She said that it is her understanding that the current size of the active area accommodates fewer fields than were originally considered for the park. And, she appreciates the need to maximize the use of those fields in order to accommodate the needs of the sports groups. She said that she does believe that a compromise can be found. But, prior to a decision, she felt that an informational meeting with the neighbors and with the sports groups would be in order. Regular Meeting-August 16, 1999 Page 10 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields @ N. Mountain Park-continued Commissioner Coppedge said indeed she is the "old timer" on the Commission and was on the Commission when the property was purchased. For as many years or longer, the sports groups have been pleading for additional facilities. The Commission at that time was ecstatic to be finally able to provide those additional facilities. During all the discussion, analysis of the availability of sports fields throughout the town was done. The sports groups worked together in a cooperative effort to help determine the number of fields and what kinds of fields were most needed. Everyone got a little, no one got all they wanted or needed. She said that she believed that everyone learned a little tonight just by sitting here and listening to each other. She said that she felt that that was one of the most important things the Commission could do was to give everyone the opportunity to sit and listen to each other. She said that she personally believes that to maximize the use of the park that we will have lights at the park for all the reasons stated by those who advocated them this evening have stated. She said that she did not believe that the worst fears expressed by those this evening who are concerned that their neighborhoods will be ruined will be realized. She said that ultimately she felt that everyone's concern needed to be based on what was best for the entire community. She certainly felt that that was her responsibility as a Commissioner. At this point, she said she would advocate postponing a decision until all the information can be reviewed, and, to give everyone the opportunity to sit down and talk again. Commissioner Eggers said that she would not repeat the thoughts with which she agreed for the sake of time. She did say that what she would like to see happen is to determine what additional information the Commission believes it needs in order to make an informed decision. She said that she would like for all the concerns expressed this evening to be outlined so that they could be addressed. She said that she felt it was very helpful at the neighborhood meeting which she attended when Greg Howe was able to outline the months of the year which he believed lights would be needed for soccer. She said she would like to see that kind of information from all the sports groups. With overlays of that kind of information, a more complete picture of what kind of usage might be needed could be determined. She said that she believed site visits or at least an excellent 3-D plan which would enable people to envision what it would really look like would be helpful. Mentioning directional light and ambient light, she asked for more information related to the proposed lighting system itself. She also wanted to review parking so that we can gain more awareness of how well it will accommodate anticipated usage so that neighbors concerns could be addressed in that respect. She said that she wanted to see the anticipated overall cost for development of the sport fields; that is, review what has gone on before and what is yet to be done in relationship to the overall budget. She said she would like more information on how lights and noise from the active area will affect the natural area. She said that she would like to have the research done and reviewed, including that presented by the public this evening, then sit down in round tables as was done earlier in the planning of the park. Very good work came out of those meetings and she expressed confidence that it could happen again. Although Commissioner Landt indicated that he would be willing to make a decision this evening based upon the conditions he outlined earlier, after discussion, consensus among Commissioners was that a decision would not be made at this meeting. It was determined that additional information would be gathered to address the topics which had been brought up this evening and that some kind of public process would take place prior to a decision being made. The exact shape of the process was not determined but Commissioners assured everyone attending the meeting that notices would be sent to all those who spoke this evening and anyone else who indicated that they would like to be on the mailing list. At the conclusion of discussion, Commissioner Landt commented that it had been suggested to him that a professional facilitator might be used to assist with the process and he concurred with the idea in the hopes that everyone's time could be used most productively. Chair Eggers said that she Regular Meeting-August 16, 1999 Page 11 of 14 Ashland Parks and Recreation Commission Lighting Sports Fields ® N. Mountain Park-continued would meet with the Director to discuss the process and said that she would welcome any suggestions as to what would make the process most valuable. She thanked everyone for their participation. B. Presentation on options for removal of fish barriers in Ashland Creek As part of the permitting process for in-stream work related to the restoration of upper Lithia Park in the aftermath of the 1997 flood, the Division of State Lands and Oregon Department of Fish and Wildlife required that the Department address three structures, or dams, which inhibit fish passage in Ashland Creek as it flows through Lithia Park. Scott English from N.W. Biological Consulting, the firm hired to work with the Commission to develop possible options to meet this DSL requirement, made a brief presentation and reviewed a decision making matrix which outlined the alternatives for each of the three structures. The following factors were addressed for each option: improvement of fish passage, historic value of the structure, estimated design and construction costs, estimated ongoing maintenance costs, flood conveyance, and aesthetics. The information presented included conceptual drawings illustrating the appearance the alternative options. In reference to Dam #2, Commissioners Eggers and Coppedge asked for clarification related to preserving the structure but also providing a means of fish passage which appeared more "natural" than the traditional fish ladder. Mr. English indicated that he believed such a design was possible. However, the design would need to be approved by ODFW and other agencies. In conversation with the agencies, he said that he had been told that as long as the design met their minimum requirements for fish passage it would be approved. He said that he believed that a series of "step pools" could be created which would perform in the same manner as the tradition fish ladder. Again in reference to Dam #2, Commissioner Landt inquired whether a 5" option was possible; that is, to retain the structure, maintain the point of diversion, add a fish screen, and construct a series of cascading pools. Indicating that it was a slight variation of Alternative #4, Mr. English responded in the affirmative and estimated the matrix points for this options as follows: Medium improvement to fish passage, medium to low historic value, $15k - $25k for design and construction, higher maintenance costs, and medium flood conveyance. Alan Richey from ODFW was present and commented that rating this alternative a "medium" for fish passage would be accurate; that, of course, ODFW considered removal the best solution to providing fish passage. Commissioner Eggers clarified that the "medium" ratings noted on the matrix relative to fish passage actually meant that ODFW's"minimum" standards would be met. In terms of the environment, she felt that it was an important point. During public comment, Bill Emerson, 90 5'^ Street, presented some sketches which he said he had come up with using the information which had been presented by Scott English at the Commission's July meeting. He said that he did not have expertise in this area but his intention was to try to retain Dams #1 and #2 as they are for historic reasons but to add a "natural"fish ladder which would be constructed with boulders. He was hoping that the concept might be worked with by those who did have expertise so that, because of their historic value, the structures would not have to be removed or significantly altered. Terry Skibby made available several historic pictures which illustrated that Dams #1 and #2 had been in place as early as the 1890's. He said that he felt that Dam #3 probably had some relevance to another mill in the area. He said that in some respects that this project reflects two Regular Meeting-August 16, 1999 Page 12 of 14 , Ashland Parks and Recreation Commission Removal of fish barriers-continued conflicting goals: historic preservation and fish passage. The topic was discussed at the Historic Commission at its August O meeting and the board stated its preference was to have all three dams retained. The Ashland Heritage Committee also felt that all three dams were important and should be kept at their current heights with the addition of natural fish ladders. He said that apart from the historic reasons for keeping the structures, many people enjoy them as a recreational feature in the park. In discussion among Commissioners, Commissioner Coppedge said that from an aesthetic point for view, if the structures are to be preserved in some manner, she much preferred to see the "cascading pools" used as a design feature rather than the traditional fish ladders. Mr. English said that he believed that kind of design was do-able as long as it met the minimum requirements for fish passage. Commissioner Landt echoed Commissioner Coppedge's comments adding that he felt that it was going to be a difficult trade-off between providing good fish passage and retaining the structures for historic reasons. He said that personally he would like to see Dam #2 with the mill race diversion retained in a modified fashion for historic reasons but would prefer to see Dams #1 and #3 removed because it would provide the best solution for fish passage. Commissioner Jones indicated that she would like to retain all three dams but she also valued environmental conservation and wanted to see the fish passage maximized. As a compromise, she would like to see the"natural" fish ladders established to enhance fish passage. She said that the dams were historic and aesthetic enhancements to the park setting and would like to try to accomplish both keeping them and providing better fish passage. Commissioner Eggers said she felt that our grandchildren would thank us more for preserving viable fish runs than artificial structures. She said that she would like to do the maximum possible for fish passage indicating that we can make a choice as to what kind of history we would like to preserve. As 10:00 p.m. approached, by consensus, Commissioners chose to extend the meeting in order to address important, remaining items on the agenda. Councillor Laws inquired about whether or not the idea presented by Mr. Emerson could work. Commissioner Coppedge said that the concept was also intriguing to her and that she would like to understand it better. Mr. English said that he believed Mr. Emerson's concept would be do-able using a series of step pools and that the diversion wall depicted in the sketch would not be necessary. Commissioner Coppedge clarified that that two dams would be treated as one reach of the stream and that the cascading pools would be constructed to provide passage through both sites. Mr. English concurred. She said that it would make perfect sense to her to treat them as a unit because they are so close together. Mr. English said that hydraulically it would work. After some further discussion, the following motions were made. MOTION Commissioner Landt made a motion to remove Dam #3. Commissioner Eggers seconded. The vote was: 3 yes - 1 no (Jones) MOTION Commissioner Landt made a motion to instruct the consultant to work on a fish passage plan for Dams #1 and #2 utilizing the basic concept presented by Mr. Emerson, and, if that alternative cannot meet the requirements of the permitting agencies, that the fall-back position would be for the consultant to continue to work with the permitting agencies to design cascading pools for Dams Regular Meeting-August 16, 1999 Page 13 of 14 Ashland Parks and Recreation Commission Removal of fish barriers-continued #1 and #2 which would meet their requirements while retaining the structures in some manner. Commissioner Coppedge seconded. Commissioner Eggers indicated that she liked the concept but that she would not be able to vote for it because it provided only the minimum of what the law requires related to fish passage. The vote was: 3 yes - 1 no (Eggers) C. Presentation of design for new clubhouse facility at Oak Knoll Golf Course Peter Schmitz representing the architectural firm selected to work on a design for the new clubhouse facility at Oak Knoll was present in to respond to questions which Commissioners might have regarding the preliminary design which had been offered for their review. He reviewed the salient points of the design which had been developed utilizing prior information from the Commission as to what kinds of features should be included and input from Department and golf course staff. MOTION Following brief discussion, Commissioner Coppedge made a motion to approve the preliminary design as presented and to authorize consultants and staff to move forward with finalizing the design unless it is determined that significant changes need to me made or that it does not closely approximate the anticipated budget. Commissioner Jones seconded. The vote was: 4 yes - 0 no VII. NEW BUSINESS A. Request by Public Works for use of Greenwav park property Paula Brown, Director of Public Works, was present to explain the need to close and remove a portion of the newly developed Greenway Trail related to replacement of the Ashland Creek pump station which is failing. Several months ago the Council approved replacing the pump station. The work needs to be done now. She gave some fairly detailed description of what the work would entail and made apologies to the Commission for the last minute notice and for the inconvenience it will cause users of the bike path. She said that if the weather holds and they don't hit a lot of rock that she anticipated that the trail would need to be closed for about a month; worst case scenario, the closure would last for two months. Wes Reynolds expressed strong frustration at the timing. Reviewing the planning of the trail which has been going on for ten years he said that he believes the lack of foresight is phenomenal. The closure of the bike path is more than an inconvenience at this time. It would be more like a street closure because of the number of people who use it for transportation. Closure now would make everyone look really stupid. Commissioner Landt said that he would like an assurance from Ms. Brown that if the Commission approves the closure that adequate signs are placed in the area concerning the closure. Commissioner Jones said that she would like to have signs up as soon as possible advising users of closure if approved. Ms. Brown said that that would happen plus the media would be used to help get the word out to the community. Councillor Laws said that he wanted everyone to know that this problem had not been created by City staff. The timing is due to the Council having a difficult time making a decision related to the off-site spraying. Now that the decision has been made, Ms. Brown needs to move forward with the preparations. Commissioner Landt said that he was not at all happy about a closure and if there has to be one he wanted to see that there would be a detour provided. He said that he had heard Ms. Brown indicate that she was still trying to work out a detour but that she was not optimistic that it could be Regular Meeting-August 16, 1999 Page 14 of 14 Ashland Parks and Recreation Commission Temporary Closure Greenway Trail-continued achieved at the site. He said that if her efforts should fail that he would propose an alternative detour by upgrading the trail into the Ashland Pond so that it could be traveled by bicycles. In outlining this alternative proposal for a detour to keep the bike path from being closed, he said that a long-term benefit could be achieved by improving the path to the pond which could serve as a walking loop for the area. It would involve creating a low water crossing. Staff indicated that if the concept were implemented it would cost between $4,500 -$5,000. He said that he had . discussed this with Ms. Brown who said that there would be the possibility of sharing equipment with the Public Works Department. Although it would not be ideal because it would not be paved, it would provide a passage during this emergency situation and some long-range benefit to the park area. Mr. Reynolds commented that he believed that Commissioner Landt's proposal had some merit but wanted to point out that in prior planning that it had been policy to maintain limited access to Ashland Pond. Commissioner Landt indicated that at this time he felt that there was actually too little access provided which hindered maintenance; it was almost impossible to get through. He said that it was really the low water bridge which makes the area more attractive and that could be removed at any time if needed. During discussion, Commissioner Coppedge said that Public Works was really not making a request because the work needed to be done. She understood that and reiterated that her first preference would be to find a detour near the site and understood that Public Works would continue in that effort. Commissioner Landt indicated that he would not be able to vote in favor of a motion which did not require a detour. MOTION Commissioner Coppedge made a motion to permit the use of park property by the Public Works Department as described by Paula Brown with the understanding that a detour would be provided. Commissioner Jones seconded. In discussion of the motion, if the detour needed to be created using the concept of improving the trail and creating a low water bridge near Ashland Pond, Commissioner Landt outlined his thoughts as to how construction of the detour would be accomplished; that is, Public Works and Parks would cooperate by sharing labor and equipment and Parks would bare the responsibility for the cost of materials. Both Director Brown and Superintendent Gies indicated that they could work together under those conditions to establish the alternative detour if needed. The vote was: 4 yes - 0 no VIII. ADJOURNMENT By consensus, due to the late hour, the meeting was adjourned with the indication that any remaining agenda items would be taken up at the next Regular Meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department Council Communication Waterline Easement Termination Public Works Department October 5, 1999 Submitted by: Paula Brow Reviewed by: Paul Nolte���� Approved by: Mike Freeman Title: Termination the City's interest in a portion of a waterline easement encumbering property at 1130 Ivy Lane (39 IE 16AD, Tax Lot 1000). Synopsis: Approval of the attached quitclaim deed would terminate the City's interest in a portion of a waterline easement which runs diagonally across the property at 1130 Ivy Lane (39 IE 16AD, Tax Lot 1000) located at the southwest corner of the intersection of Ivy Lane and Elkader Street (see map attached). The 20-foot wide easement crosses near the center of the lot and is located partially beneath the residence constructed at 1130 Ivy Lane. The waterline, which once occupied the easement, has been abandoned and has been replaced by a larger main located within the street right-of-ways. The easement is specifically limited to the water pipeline construction and could not be utilized for pedestrian access or other unspecified uses. It is the policy of the Public Works Department to reroute, whenever possible,those utility lines that traverse private properties, especially instances where the course lies beneath buildings or through densely constructed or heavily landscaped areas. The line within this easement has been abandoned and it is not anticipated that this easement will be needed in the future. Recommendation: It is recommended that the City Council adopt a motion to sign the quit claim deed which would terminate the City's interest in a portion of the easement recorded as Volume 445, Page 385 of the Deed Records of Jackson County Oregon. The termination will be limited to that portion of the easement lying within Tax Lot 39 IE 16AD— 1000. Background Information: The easement for waterline purposes was acquired from RalpkMcKinnis in July 6, 1956 and recorded in Volume 445, Page 385 of the Deed Records of Jackson County. The easement is 20 feet wide and extends on a roughly 45-degree course from South Mountain Avenue to Elkader Street. The easement crosses five parcels without regard to property lines. In 1974, a new 16-inch waterline was installed within the rights-of-way of Emma and Elkader Streets. The waterline located within the utility easement was abandoned. Due to the proliferation of trees, landscaping, decks and residences, it is unlikely that the easement would ever be useful. At lease two houses have been constructed over portions of the easement. F:\USER\dawn\ENGINEER\I ASIEMENIACouucil Communication 1130 Ivy EasementTermination.duc r 1 N I M 1 a I Ill I t0 I n to I m 1 i: fliii] a:r t t r.'.0 t a : :is r a : . f • � ` .}}`` 1 ? i ` EYi '4' [ t5T1 ' � tga +iite ° E- : i 7:7 ai �lll e ;i3:p 161 :�� a` !4: is aadesecea E61 5 � 3I 1gi � I ? i92 :3 : � iSS11� ai1. 1� �44E ' iIIE # 1 : i7� i4f f: iirf cc is t : ii : iEEl1 EPEE SE�Eiy?y: . ,, . . . .... .efr: :aar Y : r7 it1! �' �� ia� 4cE8TEEr z; ilis � i} 111 E. � � li4ri � EitlP (� � t �9 � 1 ,I19i9od � _�' _�� � �- i - iskg � l : ic� # l: ��i � iB�Ei ;lt� 34E � italaalial � g1,:iyi,� ?liil{i9i� lif `1 . ,�� 1 — i• t i aE4 V , a as air ::: F ! f e — ItF{ E: d14SI� 1i1 `n 4 ` lu a• is �,°°, W � —< a •s •_ !. . — _ g•.:: af9•:. l:. • _ � 5 . j.f�t , _F � _" �• _ �1i E !• :e rr.:t:i::sci: :. / a ac : 4 F i m m �... .i is�_.•' :E[Ei�4:Ei E !! j Gal Sii: a — _' o 1 N I M I a I N 00 I Of I 4^.p _ Pik s P .I 1 ,. iii CO 4iSR r SEcnONOFWAITRFASffvENr TOBEREMVM SCALE I"= 11 50 0 50 100 Feet JACKSON COUNTY TITLE DIVISION OF OREGON TITLE INSURANCE COMPANY 1400 ASHLAND STREET ASHLAND, OREGON 97520 TEL: (541) 488-2240/FAX: (541) 488-1786 09/22/99 City of Ashland Attn: Paul Nolte, City Attorney RE : 1130 Ivy Lane Ashland OR 97520 Dear Paul , Please find a Quit Claim Deed for the termination of the watermain easement on the property at 1130 Ivy Lane . I have enclosed a map and the exception from the title report . Also I have enclosed a copy of the easement which recorded in 1956, an is hardly readeable . Unfortunately our close of escrow date is October 1st. Should you have any questions, please do not hesitate to contact this office . inc rely 941CK- XA&4�- OLIE AUS B anch Escrow Manager � �I Fanb Ne..1-aamCLNa oEEfI P"elrau.,w CwparN"t. CGnNw,�p KN Uel n,auNra W.KMrv+o wa.va Net �fl� F 89345 CITY OF ASHLAND STATE OF OREGON, ss. --------------------------------- County of____.__. -------- -------------------------------------------------------- 1 certify that the within instrument ------------------ 7wn',..u i::d ----------------- was received for record an the ______ day HARRISON of-------------------------------19......at -------------------------------------------------------- -----------o'clock------M.,and recorded in _____..___-_.__ book/reel/volume No. ----------- on page SPACE NESEMD _______________ and/or as fee/file/instru- ANN,.avalna,,.tutu le lNUN,aeNU.,M.): wn .JACKSON-QQ_UNTY_TITLE- -. USE ment/microfilm/reception No_ ____________ xECOR0ER9 Records of said County.AARD_AShI4nd- street-----------------............. Witness my hand and seal of County AAh).8nd_OR_97520--____- ___._............. affixed. 111,1a Ip1n.M WNIa1N..Na W W Wbnbnb b(XUn..ACCN...rlpl: no_ change- -------------------------------- --------------------------------------------- ________________________-______________.__ --------- By ---------------------------------Deputy. QUITCLAIM DEED KNOW ALL BY THESE PRESENTS that-------TH E_CITY OF ASHLAND A MUNICIPAL CORP0 RATI0t hereinafter called grantor,for the consideration hereinafter stated,does hereby remise,release and forever quitclaim unto__________ ROBERT T. HARRISON and ELIZABETH M. HARRISON __.________________________________________________________________.__._____._..____.____________.-.________________________, hereinafter called grantee,and unto grantee's heirs,successors and assigns,all of the grantor's right,title and interest in that certain real prop_ _______erty, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situated in JACKSON ---------------County,State of Oregon,described as follows,to-wit: __ See Exhibit "A" Attached hereto THIS DOCUMENT IS BEING RECORDED TO TERMINATE THAT CERTAIN EASEMENT RECORDIST IN VOLUME 445 PAGE 385 OF DEED RECORDS. THIS TERMINATION SHALL AFFECT 391E16AD Tax Lot 1000 1-9402-0 pF SPA aKtarlmErl[cot w OESCWPrpN ON tIEVERSQ To Have and to Hold the same unto grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for this transfer,stated in terms of dollars,is S--------P9!1e--------m However,the actual consideration consists of or includes other property or value given or promised which is 0 part of the 0 the whole(indicate which)considerallon.m(Tim sentence between the symbols 0,it=applicable.should be deleted.See ORS 97.070.) In construing this deed,where the context so requires,the singular includes the plural,and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. IN WITNESS WHEREOF,the grantor has executed this instrument this_____ ---day of________________________19-----;if grantor is a corporation,it has caused its name to be signed and its seal,if any,affixed by an officer or other person duly authorized to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN --------------------------------------------------------------- THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU. LATIONS.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 70.930. --------------------------------------------------------------- STATE OF OREGON,County of________Jackson_________________.__)ss. This instrument was acknowledged before me on -------------------------- ------------19------ by --------------------------------------------------------------------------------------------------" This instrument was acknowledged before me on ______________________________________19-----, by __________________________________._____________--__-_._. _________________________ as _______-----------_----------------------------------------------------------_--------------_-------- Of_________________________________----______________------ . --------------------------------------------------------- Notary Public for Oregon My commission expires--------------------- ------------------- . J 89345 EXHIBIT A Beginning at a point. on the west line of Elkader Street in the City of Ashland, Jackson County, Oregon, which point bears 264 . 0 feet North and 25 . 0 feet West of the east quarter corner of Section 16 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence West 90 . 0 feet; thence North 107 . 0 feet; thence East 90 . 0 feet ; thence South 107. 0 feet to the point of beginning. (Code 5-1, Account #1-9402-0, Map #391E16AD, Tax Lot #1000) 4.31E t 'S EASEMENT Vol. 445 Page-31-13-5 ( For Water Main Purposes ) For and in consideration of the sum of one dollar ( 1 . 00) , the undersigned do hereby grant a perpetual easement twenty (20 . 0 ) feet wide unto The City of Ashland , a municipal corpo- ration of the State of Oregon , its successors or assignees , for the construction , operation, replacement , removal and maintenance of water pipe lines over real property situated in Jackson County, Oregon, ten ( 10.0 ) feet on either side of the line described as follows , to-wit : Beginning..at the intersection of the South line of Emma St . and the West line of S. Mountain Ave . in the City of Ashland , Oregon, thence South along the West line of Mountain Ave . 20.49 ft . , thence S 490 05 ' 14" E 52.28 ft . , to the East line of S . Mountain Ave . and the true point of beginning . Thence S 490 05 ' 14" E 30. 60 ft. , thence S 440 07 ' 14" E 83 .81 ft . , thence S 390 56' 14" E 163.23 ft . , thence S 34° 46' 19" E 62 .84 ft . , thence S 290 42 ' 19" E 53 .93 ft . , thence S 26° 57 ' 04" E 87. 00 ft . , thence S 150 45 ' 19" E 83.83 ft. , thence S 090 59 ' 04" E 79 .69 ft. , thence S 050 58 ' 49" E 77.55 ft . , thence S 220 17 ' 19" E 61 .94 ft . , thence S 120 58 ' 49" E 58. 14 ft . , thence S 180 43 ' 56" E 41 . 28 ft . , thence S 120 08' 49" E 47.78 ft . , thence N 740 32' 41" E 54 .00 ft . , thence N 620 40' 11" E 58. 00 ft . , thence N 680 42' 26" E 48.22 ft . , thence S 870 58' 49" E 69 .26 ft. , thence N 090 33 ' 41" F 64 .86 ft . , th'ence. N 180 27 ' 11" E 48 .68 ft . , thence N 280 20 ' 56" E 72 .94 ft . , thence N 310 50' 56" E 6. 66 ft. , more or less to the South line of the Barksdale property as described in Vol . 287 , Page 485 , Jackson County deed records . The above description is intended to describe the loca- tion of the pipeline as originally laid . The grantee is hereby granted the right of ingress and egress over such property of grantors as may be reasonably necessary for the purpose of constructing any water pipe line , and grantee agrees to pay grantors for any damages caused by such use of any additional property for ingress and egress . The undersigned warrant that they are the owners of said real property, and that same is free of incumbrances . IN WITNESS WHEREOF, we have hereunto set our hands and seals this 6 day of July 195 6 Vol.-jj age= SE ) SEAL) cl EAL) (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) County of Jackson ) On this 6 day of Jul$ , 195 6 , before me, the undersigned, a.Notary Public in and for said county-and State, personally appeared is, Lucille Ellis , R.H. Westfall L Virginia Ralph D McKinnis, Harvey Ell viestfall also Donald Lewis representing Southern Oregon College "`who are personally known to me to be the identical persons described t I'. ; , Sp %nd who executed the foregoing deed, and they acknowledged to met the CO: •ex6pution of same. J��- .;v Notary Public for 0 on Jd_r; C d COUNTY.OREGON RECORDED-FIE-P9- My Commission expires: �LO•.�'� :..,. ..; U kUC. 21. 19`; 957 aUr 14 Am 11 54 BERETH P. HOPKINS CL 8 RECORDER _ BY to Council Communication Legal Department Transfer of Drive-Up Window October 5, 1999 Submitted by: Paul Nolte (/— Approved by: Mike Freeman Title: Agreement and Deed Restriction Regarding Transfer of Drive-Up Window Synopsis: This agreement transfers the drive up window at Leo's Drive In to the Bank of Southern Oregon (BOSO). The city is a party to the agreement for the purpose of recognizing the transferability of the window and recognizing that the use of the window is not restricted to uses made by Leo's. Recommendation: Move to approve the agreement and authorize the mayor to sign. Background Information: In 1984 the council adopted as a part of the land use code a limit on the number of drive-up windows within the city: "The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up uses may be transferred to another location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed 1 per location, even if the transferred use had greater than one stall." (AMC § 18.32.025.E.4.h) Since that time several windows have been transferred, but none,have been transferred off the premises where the window was located. In this case, the right to a drive up window is being transferred from Leo's to a location and date not yet specified. Staff has worked with Leo Hull and counsel for BOSO to track the window through this recorded agreement so future owners are on notice that Leo's no longer will have the right to the window and to ensure that BOSO will have such right. F:HJSER\PAUVALOP\d,iw up window cc.wpd e J SEP-28-1999 14:33 GRRNTLRNDGRENSKYBLODGETT 5417701290 P.02 GRANTLAND9 GRENSKY & BLODGETT 204 WEST NINTH MEDFORD,OR 97501-3196 (641)773.8712 ATTORNEYS AT LAW FAX(541)770-12" Jam,L Grandand,Jr. Ronald D.GMAY Bryan E.Blodgett September 28, 1999 VIA FACSIMILE TRANSMISSION-488-5311 Mr. Paul Nolte City Attorney 20 E. Main Ashland,OR 97520 Re: Agreement and Deed Restriction Among City of Ashland, Leo Hull and Bank of Southern Oregon Dear Paul: Please find enclosed a copy of the revised Agreement and Deed Restriction which I prepared on behalf of my client, the Bank of Southern Oregon. I believe I have made the changes which we talked about in our last telephone conversation. These were made in Section A of the Agreement. It is my understanding you will put this on the City Council consent calendar for the next meeting. The next meeting is to be held on October 5, 1999 at 7:00 P.M. Mr. Hull wanted me to point out to you that the tenant plans on discontinuing use of the drive up window thirty days after this Agreement is signed by all parties. That is acceptable to the Bank but I wanted to make sure that the City was informed of this thirty day period. Of course, the Bank will not be using the permit during that thirty day period. I intend to attend the meeting as will Mr. Hull. However, I do not intend to speak unless there are some questions or the matter does not run througb on a pro forma basis. Thank yo for your cooperation and assistance in this matter. Very truly yours, GRANTLAND, GRENSKY &BLODGETT es d, Jr. JLG:ko roc: Client . SEP-28-1999 14:34 GRRNTLRNDGRENSKYBLODGETT 5417701290 P.03 AGREEMENT AND DEED RESTRICTION THIS AGREEMENT is made this_day of , 1999,by and between the City of Ashland, an Oregon Municipal Corporation, hereinafter referred to as "City", LEO HULL, hereinafter referred to as "Hull" and the BANK OF SOUTHERN OREGON, an Oregon Banking Corporation, hereinafter referred to as "BOSO". RECITALS : 1. Hull owns real property located at 1474 Siskiyou Boulevard,Ashland,Oregon upon which a restaurant with a drive-up window is located. A legal description for the real property is attached hereto as Exhibit "A" and by this reference incorporated herein. 2. Hull holds a grandfathered drive-up permit from the City of Ashland to operate a drive-up window at the premises. This permit is fully transferrable and assignable to third parties. 3. Bank desires to obtain this drive-up permit in anticipation of developing a branch bank with a drive-up window in the City of Ashland. For the reasons recited above and in consideration of the following mutual promises and covenants, the parties hereby agree as follows: A. Hull hereby transfers to BOSO the drive-up permit recognized by the City of Ashland. Hull represents and warrants that he has good and sufficient right to transfer said permit to BOSO and that there are no liens,encumbrances or security interests on said permit. Hull agrees to obtain the consent of the holders of any underlying obligations to this transferr. City acknowledges that said drive-up permit is fully transferrable and assignable by Hull to BOSO,that BOSO will have the right to change the use of the permit from a restaurant drive-up to a bank drive- AFTER RECORDING,RETURN TO: GRANTLAND, GRENSKY& BLODGETT 204 WEST NINTH STREET MEDFORD OR 97501 1 - AGREEMENT AND DEED RESTRICTION SEP-28-1999 14:34 GRANTLANDGRENSKYBLODGETT 5417701290 P.04 Lip and that said permit will not expire or terminate if BOSO does not use the drive-up permit for an extended period of time. Nothing in this Agreement, however, shall relieve BOSO from, or constitute waiver of,land use requirements imposed by the City,including,but not limited to,those requirements in Ashland Municipal Code Section 18.32.025 E. B. Hull agrees thatthe drive-up permit will be transferred to BOSO asof 1999 and that he and his tenant will discontinue using the drive-up window at the real property described in Exhibit "A" as of that date. Hull and City agree that the following shall be a deed restriction on the real property described in Exhibit"A": "The owner of the real property described in Exhibit"A"has transferred his drive-up permit and agrees that use of the drive-up window on the real property will terminate as of 1999. The owner of the real property shall not be allowed to use the drive-up window unless and until the owner of the real property obtains transfer of a drive-up permit from a third party and the same is approved by the City of Ashland." C. The consideration for the transfer of the drive-up permit by Hull to BOSO shall be covered in a separate unrecorded agreement. D. In the event a suit or action is filed concerning this Agreement then the prevailing party shall be awarded their reasonable attorney fees as set by the trial court, or if on appeal,by the appellate court. E. The parties hereby incorporate by reference the recitals set forth above_ CITY OF ASHLAND By Leo Hull 2 - AGREEMENT AND DEED RESTRICTION SEP-28-1999 14:34 GRANTLANDGRENSKYHLODGETT 5417701290 P.05 EXHIBIT A Commencing at a found 2' iron pipe at the acceptQd.sOuthwaat cornar of Donation Land Claim No. 45 in Section 15, Township 39 South, Range 1 last ' Of the Millamette Meridian in Jackson County, Oregon, thence South 89'47'22' East (Deed Record East. and South 89'50' East) along the southerly boundary line of said Donation Land Claim No- 45 (Deed Record 623.40 fast) 623.40 feet, thence leaving said claim line North 00'08.31" East (Deed Record North) along the boundary line COMkOn to Volims 87 ,page 413 and Volume 95 page 576 of the Deed Records of Jackson County; -Oregon (Vaud Record 1207.90 fact) 1208.1 feet to a point in the southwesterly right of way of Siskiyou Boulevard, thence south 56006129' Bast (Deed Record South 56.15'• East) along said southwesterly right Of way, 400.14 feet to a 5/8" iron pin, which bears North 56.06'29' west 306 feet from the intersection •of the westerly right of way of walker Avenue with the southwesterly right of way of Siskiyou Boulevard, _ thsnee North 56.06'29" West along said southwesterly right of way line '120-00 feet to the point of beginning; thenc* South .330531311 Melt 77.91 feat; thence South 26009'29" East 24.23 feet; thence South 33453931' west 51.65 feet to a point on the southerly boundary of that paroal of land described in thence volume 429 page 271 of the Deed Records of Jackson County# g along the boundary of said parcel the following courses: North 54001429 watt (Record North 54.00' Mast) 81.05 feet; North 28.04'29" west (Record North 28611' Mast 22.54 feet; North 33053131• East 128.14 feet to a 5/6' iron pits on the southwesterly right of line of Siskiyou Boulevard; thence along said right of way line South 56'06129" East (Record South 56.13' East) 79.90 feet to the point of beginning. . (Coda 5-1, Account #1-8836-9, leap #391E158A, Tax Lot 04400-N) (Code 5-1, ACCOUnt #1-70206-2, Map #391Ei5BA, Tax Lot #4401-N) TnTQI P nl City Council Communication Administration Reimbursement Policy October 5, 1999 Submitted by: Mike Freeman Title: Discussion of DRAFT City Council reimbursement resolution. Synopsis: In 1991, the City Council adopted a policy regarding travel and reimbursement for Mayor and City Council training and business expenses. This policy has not been followed over the years and is out of date. Attached is a draft policy for the City Council to consider. Recommendation: It is recommended that the City Council review the proposed policy and make any changes, additions, for subtractions and either: adopt the resolution as presented;adopt an amended resolution;or direct staff to make additional changes to be brought back for further discussion and adoption at a later date. t RESOLUTION NO. 99- A RESOLUTION ESTABLISHING A REIMBURSEMENT POLICY FOR THE MAYOR AND CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: It is beneficial for the City to provide the Mayor and City Council with training and educational opportunities regarding municipal government matters. SECTION 1. TRAINING: Annually, the Mayor and City Council shall authorize a training budget through the budgeting process. The Mayor and Council shall not exceed the training budget in the fiscal year without prior approval by the majority of the City Council. There are three types of training or educational the City may provide the Mayor and City Council. 1. The Mayor or Council may represent the City in any number of capacities for which the City will pay for the participation. This may include such organizations as the League of Oregon Cities or National League of Cities, Bonneville Power Administration, etc. The Mayor or City Council may participate in these types of activities and have their expenses reimbursed without specific approval by the City Council. The City Administrator will review all such reimbursements for the Mayor and Council to determine if it meets City policy. 2. The Mayor or Council may wish to seek training on specific issues related to municipal government management such as Budget Law, Land Use Law, telecommunications, public safety, etc. Generally, this type of training should be budgeted for in the annual budget process. However, this type of training may be approved by the City Administrator provided the Mayor and City Council have sufficient funds in their training budget to accommodate the expense. If no funds are available, the requesting member of the City Council shall seek prior approval for the training from the entire Council. 3. The Mayor or Council may wish to attend educational or professional development training. Prior to attending this type of training, the requesting member of the City Council shall seek prior approval for the training from the entire Council. SECTION 2. REIMBURSEMENT: The City shall reimburse the Mayor and City Council in accordance with adopted City policies and IRS regulations. Generally, the Mayor and Council shall receive reimbursement for: mileage, meals, business phone calls, airfare, taxis, rental cars, registration costs and other business expenses related to costs for approved training, or representation of the City. PAGE 1-RESOLLMON(F:\USER\MIKE\WORD FILES\COUNCIL COMMUNICATIONS\RESOLUTION COUNCIL REIMBURSEMENT.DOC) 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 Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLLMON(FAUSER\MIKE\WORD FILES\COUNCIL COMMUNICATIONS\RESOLUTION COUNCIL REIMBURSEMENT.DOC) Memorandum To: Honorable Mayor and City Council Members From: Councilor Carole Wheeldon C� Date: September 28, 1999 Re: City Council Reimbursement I regret that the heavy agenda at our last meeting caused the item regarding council training be put off until the October 5 meeting. I am requesting council approval of expenses to attend the Pacific Program October 2"d - 9`h in Bend, Oregon. This is an intensive leadership training program primarily for government and service agency leaders and managers. I look forward to sharing what I learn with you in the T. „« upcoming months, and years! The total cost including transportation is $2,345.00. p ,This is a unique opportunity and program. I will'notbe attending any other training this fiscal year save the League of Oregon 1 Cities which I hope you will all attend as well. t f tlt �y1 . �� . .�, ��, gi '99 Pacific Program Participants We have SO participants broken down as follows: 20 State 3 City 2 Native American Tribes 3 Legislators IS County 4 Special Districts 3 Association/Non-Profit Archer. Peggy/Deputy Leg. Fiscal Officer, Leg. Fiscal Office Bagnoll, Bernice/Bus. Operations Dept. Director, Unified Sewerage Agency of Wash. Cty Barton, lon/Chair, Board, Sumner RFP/911 Inter.Council Bassett, Robyn/Director of Public Works, Vernonia Bordelon, Mike/State Forests Program Director, OR Dept. of Forestry Browder, Liz/Acting Administrator, Workers' Comp Board Brunoe, Bobby/General Manager-Nat.Resources. Conf. Tribes of Warm Springs Bunnell. David/Commissioner. Clackamas River Water Burton, MichaeVAssist. Director, OR Econ. Develop. Dept. Castillo, Susan/State Senator. Oregon Legislature Charlton. Don/Chief Financial Officer, DHR Comstock. Rich/Director of Public Works, Union County Public Works Corbin. Eva/Lead Senior Labor Relations Mgr, DAS Dunford, George/Statewide Budget Coordinator, DAS Gerttula, Karen/Commissioner, Lincoln Cty Gesler. Linda/Budget & Contracts Unit Manager, OYA Glaze, Ann/Mgr-Policy, Ping & Systems, OR Comm. on Children & Families Guidera, Sharon/Exec. Director. Mid-Columbia Center for Living Hannum, Cindy/Assist. Administrator, DHR/SDSD Hill, Marie/Director. Josephine Cty Comm. Corrections Hopson, Elaine/State Representative, Oregon Legislature Jones, Delna/Commissioner, Washington County Jordan, Michael/Commissioner, Clackamas Cty losi, Tim/Commissioner, Tillamook County Kaseberg, Sherry/Commissioner, Sherman Cty Kautz, Kris/Asst Director-Hr, OR Dept. of Corrections Lasley, Harold/Transportation Director, Multnomah Cty Ledesma, Kathy/Manager. Adoption Services. DHR/SOSCF Leonard, Kip/Presiding Judge, Lane County Circuit Court Lindsay, John/Commissioner, Linn Cty McClellan, Tom/Manager, Info Tech Services, ODOT/DMV Modrell, Linda/Commissioner. Benton County Mowry, Melinda/Director, Clackamas Cty Mental Health Neidig, Mary/Administrator, Workers' Comp.Div., DCBS Nicolaides, GiIJian/Director, Comm. on Children & Families Ogami, Jr., lack/Admin.- Info Processing Div., OR Dept. of Revenue Olson, Madeline /Assist. Admin./Office of MH Serv.. DHR/MHDDSD Petty. Dugan/State Purchasing Mgr, DAS Roberts, Susan/Mayor, City of Enterprise Rood, Jim/Dep. Director-Adult Comm.lustice. Mult. Cty Dept. of Comm. QJustice Russell, Jim/Exec. Manager, Mid-Valley Behavioral Care Network Rutkowski, Judy/Finance Div. Admin. Manager, Oregon State Treasury Scharn, Alan/Deputy Director, Dept. of Police Safety Stds & Trng Schlack. Art/Comp. Planning & Solid Waste Coord., Assoc. of OR Counties Shaw, Brodie/Forest Manager, Bureau of Indian Affairs Sifuentez, Angie/Customer Service Supervisor, Lane Transit District Simmons, Mark/State Representative. Oregon Legislature Smit, Sue/Manager. QA & Cust. Services, DHR/AFS Thorp, Cheryl/Commissioner. Curry County Wheeldon, Carole/Councilor. City of Ashland REQUEST FOR $59000 START UP FUNDS FOR FILM FESTIVAL RARA AVIS MEDIA GROUP - 1 PO BOX 368 ' ASHLAND OR 97520'' 541.488.3149,PHONE/FAX.. ,� _ :RARAAVISOMIND:NET - ` September 10, 1999 . Mf._Mike'Freeman ' r Ashland-City Administrator, - > 20 East Main Street.-` ; Ashland,'Oregon,,97520 ` Dear Mr. Freeman- It was very enlightening! and informative toy speak with you and, John', ' McLaughlin -at -our"recent\meeting with Mr. 'Schweiger ;and .Ms. Hall. I "'; appreciateiyour candor.and'insights. I1 I would-like,to. formally request start-up. funds from the City of Ashland to be ,,;'.. 71 used,to• create .the Ashland.Independent Film Festival."Our :non-profit, ' corporation,,.The- Southern Oregon Film'Soeiety'pis joining:forces ,with Mr�l John Schweiger's company,,Coming Attractions Inc.,to•produce The-Ashland Independent`Film Festival to be-held at both the Varsity'-Theatev and Ashland. Street Cinema in October,`of 2000. In an effort to keep.Ashland;out 'in-front "of the .Arts; our intention is to ' .I producel�a "major-market" "American ,independent-film,.festival in Ashl"and.::;+ The cornerstone_of which would be premiere screenings. of. the finest/films' 1 - produced by ' American independent film` makers. But, the Ashland / 'Independent' Filrn Festival will note stop there.' Modeled`after the great domestic 'film festivals ,of Sun dance, Telluride an Taos, l the Ashland Independent Film Festival will also feature-an, awards 'ceremony for the best films, tributes-to movie stars and their 'favorite films, special Hollywood screenings, as well as seminars, lectures and guest director workshops: ( VII D E 0 _ F -1 L MI. P R I N T M U L I M' E/D I .Ai, This is the one cultural event,that .Ashland, currently.,doe's not possess, and would be`a wonderful addition toy our community. •Without constructing any . / buildings whatsoever,."The Ashland Independent Film Festival(would be, a valuable asset,toiall�Ashland residents.By adding to the cultural stature that already exists in our community, tliis.event,lscheduled for October of every year would add much to the civic pride of our city,- y . The new aitistic'voices he_aid at such a'festival would add to, the creative life ' that already exisis lin.the local artistic community and"provide a,venue for all Ashland residents) to;`view. first-hand, the cutting edge of independent- filmmaking"and'meet Ethel fil,mmakers. themselves. Ofd Course this would also be an important .outlet for students at ,Southern, Oregon Univ&sity to - showcase their work as well: Our plan is.to also establish a grant program, so 1 that we can encourage.the`efforts of the Center For The,Visiial4Artsw Film) festivalg' also provide a-valuable avenue;for_artists to showcase their ' work Without this. of outlet-fore young film makers such.cutting edge,, avant Bard, films like\,�!Thev B1 irk Witch Project would never (have- been / Produced, which would have been a'great loss for audiences,worldwide. t \ . I would like.to ask If city council for $5,000 in start-up funds;-so we may fund the preliminary, development details necessary ensure"the immediate `. success" of,The-Ashland Independent Film Festival. Hiring 'consultants from other successful film festivals;"web site and:logo design, database creration and \ -;'other hard-costs are' the top .priorities that will be funded with such a generous grant. Please ;help us!.make the Ashland Independent Film Festival a;,cultural` r success for the:City.-. Cordially; — IV' _ Steven\Wood J C. SIC h ger Southern Oregon Film Society , P- sident and EO. ` ) Coming Attractions, Inc. - 1y Council Communication Legal Department Domestic Partnership Registry October 5, 1999 Submitted by: Paul Noltev`� Approved by: Mike Freeman Title: City of Ashland Program for Domestic Partnership Registry Synopsis: This program provides for the voluntary registration of domestic partners. The registry is a means by which unmarried, committed couples who share a life and home together may document their relationship. The registry is not limited to Ashland residents or to same-sex partners. The program differs from the one presented to the council in that it incorporates a process where the registration does not become a public record at the option of the registrants. Recommendation: Direct staff to incorporate the program into an ordinance or resolution or, in the alternative, move to adopt the program as set forth in the attached document or as amended by council action. Background Information: At the council meeting on September 21, 1999, a request was made of council to adopt a domestic partnership registry. A presentation was made at that time and materials outlining the program were presented. In the limited time available, staff has explored programs in other cities and determined that such programs exist in over 30 cities and counties in several different states. It does not appear any city or county in Oregon has a program for domestic partnership registration. (Late last year the Oregon Court of Appeals ruled in Tanner v. OHSU that public employers are required to provide insurance benefits for unmarried domestic partners of homosexual employees equal to the benefits provided to spouses of married workers.) A registry program, in and of itself, does not grant legally recognizable benefits to anyone nor does it impose any legal obligations. Since the State of Oregon controls the manner and method by which marriages are recognized, a Certificate of Domestic Partnership is not the same as a marriage license. (FAUSERWAWORMdomestic partnership registry cc.wpd) CITY OF ASHLAND DOMESTIC PARTNERSHIP REGISTRY PROGRAM I. Purpose. The City Council authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who share a life and home together may document their relationship. II. Requirements. To register as domestic partners, couples must sign a combination affidavit/certificate that they are: A. Residing together and sharing the common necessities of life. B. Not married. C. Both at least 18 years of age. D. Not related by blood kinship closer than would bar marriage in the state of Oregon and are mentally competent to consent to contract. E. Each other's sole domestic partner and intend to remain so indefinitely and are responsible for each other's common welfare. In addition, the affidavit/certificate will include a statement by the partners that: F. They agree to file a Statement of Termination of Domestic Partnership if the partnership is terminated or any of the facts in A through E above change. G. The registration of the Certificate of Domestic Partnership creates a domestic partnership of continuous duration until either of the partners files a Statement of Termination or upon the death of either partner. In the case of such death, no statement is required to be filed. H. Neither of the partners has filed a Statement of Termination within the last six months. I. They understand that any employer who suffers any loss because of false statements contained in the Certificate of Domestic Partnership may have cause to bring a civil action against the partners to recover losses. J. They understand that they have a choice to formally file the registration or to retain the registration for their own records. Formally filed registrations are public information and may be viewed by the public. III. Procedures A. Registration Process: The following procedures will be used by the city in registering domestic partnerships: 1. To register a domestic partnership, both parties must be present at the city office designated for the registration. 2. A picture identification card is required from each partner (i.e., driver's license, passport, military identification). A city official or designee will verify the identity of both individuals and birth date (both must be at least 18 years of age). PAGE 1 -DOMESTIC PARTNERSHIP REGISTRY FA USERwAUUORDtdamestic partnership registry cc.wpd 3. Registration may be done during.regular business hours. Advance appointments with the designated office should be made whenever possible, particularly if friends or relatives are attending. 4. Registration fee is $25, payable at the time of registration. This fee is intended to cover costs. A review of the actual cost will be made six months after the program is initiated and may be adjusted. 5. Registrants sign an affidavit/certificate (example attached) that they are domestic partners and meet the requirements listed above. 6. A city official or the official's designee acknowledges the affidavit/certificate. 7. To provide for confidentiality and public information requirements, there are two ways to register. All registrants must follow steps 1-6 above. Registrants may then either choose to: a)file the registration with the city or b) not formally file the registration with the city office and retain the certificate for their own records. If the registration is filed with the city, it becomes a public record and may be made available for others to see. If a registrant chooses not to file the registration with the city, no public record of the domestic partnership will exist. 8. In both ways of registering, the registering couple will be given the original, signed affidavit/certificate. If the couple chooses to file their registration with the city, the city will maintain a database containing names, date of registering, and certificate numbers for the public record. B. Verification: The city and the designated city official do not assume responsibility for verifying information provided by the registrants on the affidavit/certificate. As an affidavit, registrants are attesting, taking an oath, that the information is true. The city official or the official's designee will only verify the age and identity of registrants based upon photo identification provided. The city will check the database to confirm that individuals registering are not actively registered as domestic partners with anyone else. IV. Termination of Domestic Partnerships. A domestic partnership may be ended when: A. One of the partner dies. B. One or both partners files a Statement of Termination of Domestic Partnership with the city. The partner or partners must sign an affidavit/statement under penalty of perjury that the partnership is terminated. If only one partner signs, that partner must provide evidence (certified mail receipt) that the signing partner attempted to notify the other partner of the termination of the partnership. Before a termination statement may be filed, a termination fee of$25 shall be paid. A review of the actual cost will be made six months after the program is initiated and may be adjusted. V. Public Records. For partnerships that are filed with the city, the city will maintain records of domestic partnerships that include names, dates of registering, and certificate numbers. Terminated partnerships will also be recorded. For partnerships that are not filed, certificate numbers will only be maintained for statistical purposes. All records maintained by the city are public records and may be viewed by the public. PAGE 2-DOMESTIC PARTNERSHIP REGISTRY F:\USERXPAUL\ORDtdomesfic partnemhip mgistry m wpd Q p w o 0 0 0) w c a) $ m N o a U o E o >, t p w c rn a) n U o ° O o co N O (D m 0) 0 3 c p m a w p m y m a m UA= C U Y N0 f m d 0 0 O a) O M 7 ^.. 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W N t`p 'L-' 3 U) m o N a a) Co a) `�° -0 E or o c >. m c Co a) m N Q N :3 E N 'O o L OB � d a) a) E Mtn O a) C O U 7 -p am+ i= a) a) ..♦ > U O m O a) >a) > Q w U U > fn U I. .,,.. ♦•, ♦ .0 u Q, U P mx y' w� W N' ' L a � 0 O N a. C d Q1 ° Y W c7 m 0 0v".� m w W O O 4 a a i V V ' W o y h x (J w C F ,y y ~ C cc �_ o d 9 , 9 O �' •. W C « W 6 N y Y � � � c C �.. m W � 3 � r r U �. o « u o r W L Q O v 4 u C = ° u 0 Q m O O t u �' - c c mo c c K o 0 U $ C u U F e o a `o o B .�° E o 3 d `o ° E d v d °o °^ °- u ❑ °' u .a v °' N •a° ° p � id u 0 0 °i y 60 ° v "> �_ c v ov y ° O n° U zO �o f W vi U U U QFp" i K ¢ L1 F «n U is - . ... .. .. .. . . R � w t0 a y o Q a Y v O � J o � U C ° w *+ E d $ d >, N N O — i a 'v a E N co g O cC � � N " ❑ A, N a o R a a ° c o w t a4 'C P: o ° ° aai P1 o o ? o u o 0 0 Cd is m �L > o � Ya �0 a NU� P 5rt o f d 1 ° - was a � a " '9 n w " ° a ' � d c -0 o m U o U y 9n o G '3 co O A P.i Pr P. 0 � O N �a ,`� T a°i b Q N 2 � .O 4 5 ° a v AF'6n 'Eo 'o°'o G o m o 5h o 3 3 t y N axu� dv � aQ b o Fr3 � �N�� a U .A Council Communication Ashland Fire & Rescue / Public Works Ashland Watershed Protection Project October 5 , 1999 Submitted by: Keith E.Woodley,Fire Chief Paula C.Brown,Director Public Works Approved by: Mike Freeman,City Administrator Title: Ashland Watershed Protection Project Draft Environmental Impact Statement Synopsis: In August 1999, District Ranger Linda Duffy released the Draft Environmental Impact Statement (DEIS) for the Ashland Watershed Protection Project. The purpose of the DEIS is to guide the Ashland Ranger District in its efforts to manage vegetation in the Ashland Creek Watershed in a manner that reduces the current fire hazard and restores fire dependent ecosystems to conditions where the potential for large-scale stand-replacing wildfire is reduced. The comment period on the DEIS expires on October 18, 1999. Recommendation: Five alternatives for conducting vegetation management have been proposed in the DEIS document. Alternative 5 best addresses wildfire mitigation concerns, however the Forest Service has invited community-based involvement in the preparation of other alternatives to those proposed by the Forest Service in the DEIS. Staff recommends that the City Council authorize the Mayor to sign a letter endorsing Alternative 5, provided that the community-based alternative is not deemed to be scientifically creditable, or otherwise does not meet the resource management objectives of the Forest Service and City of Ashland. Background Information: The relationship between the City of Ashland and the Ashland Ranger District of the Rogue River National Forest, was formalized over seventy years ago irr the 1929 "Cooperative Agreement For The Purpose Of Conserving and Protecting The Water Supply Of The City Of Ashland. ° This agreement was updated in 1996 and 1999 to reflect the further development of the long-standing relationship between the agencies. The basis for this long-term relationship has been a cooperative effort by both entities to safeguard the values at risk within the Ashland Watershed. These "values" include our municipal water supply, wildlife, soils,recreational interests and silvicultural resources in the Ashland Watershed. The Northwest Forest Plan required a "Late-Successional Reserve Assessment" to be completed prior to habitat manipulation activities within the Mt. Ashland Late-Successional Reserve. In 1995, the Bear Watershed Analysis was also completed, which identified the need for fire-hazard reduction work within the Ashland Watershed. In 1997, the Ashland Ranger District proposed to implement the "Ashland Interface Fire Hazard Reduction(HAZRED) Project" to significantly reduce the potential for a catastrophic wildfire within the Ashland Watershed, and an environmental analysis was completed in conjunction with the project. The City Council, through Mayor Shaw, provided written input on the proposed HazRed Project in July 1997. In March of 1998, a decision notice was rendered on the project following a year of public input. Appeals to this decision were filed with the Regional Forester that resulted in a reversal of the decision in July 1998. As a result of the appeals, the decision was made to conduct a more extensive environmental analysis with the preparation of a DEIS. The DEIS was made available for public review in August of this year. The proposed action for the Ashland Watershed Protection Project (referred to as "Alternative 5" in the DEIS) would treat vegetation and dead and down fuels on approximately 1,549 acres. A variety of treatment methods would be applied to this project, including the mechanical removal of timber through industrial helicopter removal techniques, use of prescribed fire to remove undergrowth, and the manual removal of vegetation through chainsaw cutting, hand piling and burning of slash. Under this proposed action for vegetation management for watershed protection, approximately 1,097 acres are being considered for treatment with prescribed under burning or manual methods, and approximately 452 acres are being considered for mechanical tree removal methods. The project is located mostly within the Ashland Creek Watershed, and partially within the Tolman and Hamilton Creek Watersheds. The overall goal, within the City's immediate concern, for the management of the Ashland Watershed is to provide high quality drinking water for the City of Ashland, and to maintain large areas of late-successional reserve habitat by creating a landscape that is relatively resistant to large-scale high severity wildfire. Staff is not in a position to comment on the feasibility of potential community-based alternatives to Alternative 5 in the DEIS, as none were available for review at the time this communication was prepared for Council. If no credible community-based alternative is generated from the current discussions within our community, it is believed that Alternative 5 in the DEIS could still provide opportunities for"community-based" involvement in fuels management. A portion of the project area could be specifically set aside for"hands on" public participation. Council Communication Legal Department Falcon Cable Transfer Request October 5, 1999 Submitted by: Paul Nold-1, Approved by: Mike Freeman Title: Request by Falcon Cable Systems Company Il, L.P., to Consent to the Transfer of Control.of Falcon Communications, L.P. to Charter Communications Holding Company, LLC. Synopsis: In June 1999 Falcon Cable Systems Company II, L.P. (Falcon 11) requested the city's consent to the transfer of the controlling interest in Falcon U's parent company, Falcon Communications, L.P. (of which Falcon Holding Group, L.P. and Falcon Holding Group, Inc. are general partners) to Charter Communications Holding Company, LLC (Charter). Falcon II is a California Limited Partnership qualified to do business in Oregon. Charter is limited liability company incorporated in Delaware. Charter is not qualified to do business in Oregon. Falcon H is the first cable franchisee that has not entered into an agreement with the city's joint pole owner for the use of jointly-owned poles. Recommendation: Move to: 1) Withhold consent until Charter qualifies to do business in Oregon and reaches agreement with the city's joint pole owner(U.S. West) as to the use of jointly-owned poles, and 2) Request that both Falcon II and Charter confirm in writing that they will comply with the city's telecommunication ordinance when Falcon II implements telecommunication services within the city. Background Information: Falcon II is one of two cable franchisees within the city and has been a franchisee for approximately one year. The cable franchise agreement entered into in 1983 provides that: "SECTION 16 Transfer of franchise. The Grantee shall not lease, assign or otherwise alienate this franchise without prior approval of the City being granted by ordinance for that purpose,provided that such approval shall not be unreasonably withheld." The council approved the transfer of this franchise from TCI to Falcon 11 in July 1998. The current request before the council differs from the 1998 transfer in that Falcon 11 is not transferring the franchise to Charter. Falcon H is requesting consent to the transfer of control of its parent company to Charter. Falcon II will remain the franchisee. Staff has met with Falcon II and Charter attorneys to discuss the requirements recommended in this council communication, but no final resolution has been made. City Council Communication Administration Establishment of Fiscal Priorities for New Programs October 5, 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. MEMORANDUM To : Council Colleagues From: David Fine Date : 28 September 1999, 1214-L Subj . : Spending/Fiscal Priorities/Funding Mechanisms Ordinance The draft you are reading in the packet for the upcoming Council meeting incorporates changes suggested by Steve Hauck and Carole Wheeldon. These changes notwithstanding, the proposed Ordinance still stands to further two objectives : (a) Effectively and clearly communicating to the electorate the Council' s collective understanding of how government decisions will be funded; and (b) assuring the electorate that we, individually and collectively, are mindful of the effects of new policy decisions upon taxes and charges - and, in some instances, upon existing services . Mayor Shaw suggested some weeks ago, before debate on this issue was adjourned, that the effect of this Ordinance should be to transfer power from Council to City Staff . I . respectfully take issue with Cathy' s conclusion . Currently, Staff is obliged to balance expenditure demands when they draw annual budgets . Not all policies and programs approved by Council can be fully funded. In such instances Staff has to surmise the relative importance of competing programs . The effect of this Ordinance would be to assure that Council regularly speaks to staff about how Council, collectively, expects Council policies and programs to be funded. At a practical level it might be expected that future "Staff Reports" evaluating new programs for Council will include a clearly-identified sentence or paragraph indicating how a proposed project or policy is to be funded. Council might then adopt or amend such Funding Statements . The press and the public then would be able to read a direct statement of Council' s best estimation of how any new program is to be paid for . Examples are printed overleaf : Examples of "Funding Statements" v (These examples are hypothetical only; they do not reflect the actual costs of any City programs . ) Funding Statement : The cost to the City of retaining this consultant' s services will be $4 , 500 . This will paid from the $35, 000 already allocated for Contracted Services in the Administrative Services Budget for 1999-2000 . Funding Statement : The cost of obtaining these water rights will be $950, 000 . (1 ) These funds can be raised, in the discretion of Council, by raising charges to the public for water by fifteen percent . (a) If the fee increase takes the form of a flat percentage increase, the average domestic water bill would go up by $20 per month. (b) Alternatively, charges can be raised only for users of large quantities of water, such as households with pools or large gardens . This would see the water bill of someone whose bill in the summer now is $175 per month go up to $250 in those months . (2 ) If the Council chooses to fund the project out of General Fund revenues, the taxes on a $150, 000 home will go up by $175 per year . Funding Statement : These taxiway improvements will cost a total of $600, 000 . $540, 000 will be provided by a grant to the City from the Federal Aviation Administration . $30, 000 will be met over four years' time from higher overnight airplane parking fees, to be assessed upon multi-engine and jet aircraft . The final $30, 000 will come from City General Fund revenues . Funding Statement : This upgrade to our new waste water treatment plant has been mandated by a recent Federal Court decision, which obliges us to reduce our discharge of iron into Bear Creek to no more than 0 . 0004% by volume, by June of 2010 . It is included in this year' s Capital Improvement Plan as a project to be commenced in 2008 . The City Council is yet to discuss how its $7 . 6 million cost is to be funded. ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO ESTABLISI °° ^°' S BETTER IDENTIFY FUNDING MECHANISMS 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 and Priorities of Expenditure Poles 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 fiseal prici ity to be afforded thus new pregrarn or policy how the new ro ram or olic is to be funded. B. When the city council adopts such program or policy, it shall indicate how it expects that program or policy will be funded; for example, e;g., which exi_ sting taxes or fees other the council expects to increase and by how much, or which current city ro rams or de artment ex enditures the council erects feels might to reduced to fund the new program or policy. However if the council cannot reasonabl identi a otential fundin source it shall so indicte. a C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" means includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one half of one pereent(9 5°,a3 one and one-half Rercent I.5*/ol of the city's annual General Fund budget and which ma re uire increasin existin taxes or fees or im osition of new taxes or fees. D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was 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 11999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Redline draft for Council Packet, Meeting of 07 or 14 Oct. 1999. I r ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO BETTER IDENTIFY FUNDING MECHANISMS 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 and Priorities of Policy 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 how the new program or policy is to be funded. B. When the city council adopts such a program or policy, it shall indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the council expects to increase and by how much, or which current city programs or department expenditures the council expects to reduce to fund the new program or policy. However, if the council cannot reasonably identify a potential funding source, it shall so indicate. C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one and one-half percent (1.5%) of the city's annual General Fund budget, and which may require increasing existing taxes or fees or imposition of new taxes or fees. D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was 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 Draft for Council Packet, Meeting of 07 or 14 Oct. 1999 H:\city99\fisc ord dr4.wpd Council Communication Sanitary Sewer Easement Acquisition Public Works Department October 5, 1999 Submitted by: Paula Brown Reviewed by: Paul Nolte Approved by: Mike Freeman Title: A Resolution Authorizing the Acquisition of an Easement to Construct, Operate, Repair, Maintain and Replace a Sanitary Sewer Line (Lewis Property). Synopsis: Approval of the attached resolution would authorize the City to acquire an easement to construct, operate, repair,maintain and replace a sanitary sewer line (Lewis Property). This easement is necessary for the placement of the sanitary sewer line to be constructed to serve the Ashland Municipal Airport and others along that line in the future. To obtain the necessary grade for this new gravity sanitary sewer line, easements along two private properties were necessary. One easement was obtained from the Ainsworths, however the Lewises have not consented to grant the other. Recommendation: It is recommended that the City Council approve the resolution authorizing the acquisition of an easement to construct, operate, repair, maintain and replace a sanitary sewer line (Lewis Property). Background Information: Staff has been working with Mr. and Mrs. J.D. Lewis since June in an attempt to acquire an easement over a portion of the two lots owned by the Lewises(39 lE 11 —tax lots 701 and 702). The attached map shows the location. The negotiations for acquisition of a sanitary sewer easement across the J.D. Lewis property have reached a stalemate. The Lewises had verbally agreed to easement acquisition terms, but are now requesting additional conditions that are not possible to grant. Their current demand is that the City guarantee that their property can and will be annexed to the City in the near future. Staff has explained the annexation process and the fact that there is no "guarantee" until final approval by Planning Commission and Council. Staff has offered several considerations for easement acquisition including a recent offer of $1,561 and a prior combination offer of cash, assistance with annexation applications and unlimited sewer connections to the new line. The Lewises have remained adamant in their insistence on an annexation guarantee. \\FSI\SYS\USER\dawn\ENGINEER\EASEMENIMCouncil Communication Lewis Condemnation.doc The construction of the sanitary sewer work for the airport extension has been awarded and needs to begin immediately to avoid possible heavy fall rains. The proposed resolution requires the following actions: 1. An additional attempt to agree with the owners of this property (Lewises)with respect to the compensation to be paid. 2. If the city is unable to agree with the owners of this easement, then the city attorney is instructed to commence an action to acquire this easement from the owners and any and all persons having or claiming an interest. 3. If it is necessary to commence an action through condemnation, immediate possession is considered necessary and the funds described in ORS 35.265 for adequate compensation for the easement shall be deposited with the clerk of the court. \\FSI\SYS\USER\dawn\ENGINEER\EASEMENTNCouncil Communication Lewis Condemnation.doc 1�1 b SIMe. . :��■ OWN WI �, _ ��i■ t'�/✓�i���i�� .SHE Id7L�1� ;,.,fir � , � } II� ark I � * . Y ��' � v i �''�~ '"� +sy�.�r � t 4 E I 111 � 5 .tom ' � l,."` �%�� / " � �� rr �� `� h. • � i �„����, �' 76 'c ! � � ' Fu' IJ c �,� ,,y r. y, // • � .' vl^' 11 Yt0 t4\[� ', � � � �./�� ' �1 , . - �I _ � ; _ - a � �: ,;L 'j�j ,. I �' _ . .. � :��J m ,.4 �� Ja` ,.z}i1� � � ��:� i'a a � � • C� � �{ �r ` i i, a � �� i 1=! { �,r ���` j/ \ 7��. � � �Y4 . iI11�- a 1I � ` l• .tll�l. r RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF AN EASEMENT TO CONSTRUCT, OPERATE, REPAIR, MAINTAIN AND REPLACE A SANITARY SEWER LINE (LEWIS PROPERTY). THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The acquisition and relocation of an easement for the development of plans and designs and for the construction of the above captioned project is necessary and in the interest of the general public. SECTION 2. It is the judgment of the City of Ashland that it is necessary to acquire the easement described in the attached Exhibit A for such purpose. SECTION 3. The city, through the city administrator or his designee, shall attempt to agree with the owners of these properties with respect to the compensation to be paid. If the city administrator or designee is unable to agree with the owners of this easements, then the city attorney is instructed to commence an action to acquire this easement from the owners and any and all persons having or claiming an interest. If it is necessary to commence an action, immediate possession is considered necessary and the funds described in ORS 35.265 shall be deposited with the clerk of the court. 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 Christensen, City Recorder SIGNED and APPROVED this _ day of 1999. Catherine M. Shaw, Mayor M iewed as to form: Nfl� Paul Nolte, City Attorney PAGE 1-RESOLUTION (�XFSi�SYS%USERXPAULA\COUNCILLLENAS CONDEMNAMN RESOLUTON.WPD) EXH Z B Z T ' A ' ' SANITARY SEWER EASEMENT An easement over, across and through a strip of land 10.0 feet in width, Northerly and Northwesterly of, when measured normal therefrom, the following described line: Commencing at the South-Southwest Corner of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon. THENCE North 462.74 feet and East 485 . 76 feet to a found 1 .25 inch diameter Iron Pipe, reported to have been set on the Northeasterly right of way line of East Main Street, and as shown being set in the execution of Filed Survey No. 6041 and called for in Document No. 75-08976 of the Official Records of Jackson County, Oregon; THENCE North 00 degrees 00 minutes 27 seconds East (deed record North 00 degrees 00 minutes ,50 seconds West for a distance of 724 .97 feet, to a 1/2 inch iron pin, located at the Southwest corner of tract described in Document No. 73-05910, of the Official Records of Jackson County, Oregon) and parallel with the East boundary line of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon for a distance of 725.12 feet to the Southwest Corner of that tract of land as set forth in Document No. 73-05910 of the Official Records of Jackson County, Oregon for the TRUE POINT OF BEGINNING; THENCE North 89 degrees 52 minutes 57 seconds East (deed record North 89 degrees 53 minutes East, 195.45 feet) & (survey record North 89 degrees 51 minutes 40 seconds East, 195.87 feet to a 1/2 inch Iron Pin) along the Southerly boundary line of said Document No. 73-05910 for a distance of 195.94 feet to a found 1/2 inch iron rod situated at the Southeast Corner thereof; THENCE continuing North 89 degrees -52 minutes 57 seconds East (deed record North 89 degrees 53 minutes East along the Southerly boundary line of that tract of land as set forth in .Document No. 73-05911 prolongation Official Jackson Easterly p g angle point; THENCE North 51 degrees 23 minutes 53 seconds East for a distance of 41. 17 feet to a point in the Southwesterly boundary line of the City of Ashland Airport property as shown on Filed Survey No. 6041 and there terminating. Extend and/or .shorten the Northerly and Northwesterly easement right of way line to close upon the Easterly boundary line of that tract of land as set forth in Document No. 98-08352 of the Official Records of Jackson County, Oregon and upon the common boundary line between that certain 5 .03 acre tract of land and the SANITARY SEWER EASEMENT Page 2 City of Ashland Airport Property as shown on said survey filed as number 6041 in the office of the Jackson County Surveyor. Also, granting a temporary construction easement, over and across a strip of land 10 .0 feet in width, when measured normal therefrom and being contiguous to and lying Northerly and Northwesterly of, the Northerly right of way line of the hereinabove described Sanitary Sewer Easement. This temporary construction easement shall terminate 60 days after the completion of construction by the contractor and the written acceptance of the project by the City of Ashland. Subject to any and/or easements, and/or rights of way of record and those apparent on the land. GRANTOR: July 14, 1999 J.D. LEWIS SANDRA LEE LEWIS V799 D-��� GRANTEE: F+tAL CITY Of ASHLAND. YOR 20 East Main Street Ashland, Oregon 97520 —A114 Surveyor's Registration Renewal Date: June 30, 2000 EXH S B 3:']V A ref: C98LERIS.leg City Council Communication October 5, 1999 Submitted by: Scott Reuter Approved by: Mike Freeman Title: An ordinance adding section 11.48.040 to the Ashland Municipal Code authorizing certain employees of Southern Oregon University to issue citations for minor in possession of alcohol and minor in possession of less than one ounce of marijuana. Synopsis: Currently, when any Southern Oregon University Security Agents encounter a minor in possession of alcohol/possession of less than one ounce of marijuana they have to contact the Ashland Police Department and wait for a APD Police Officer to respond to the scene. If appropriate, the APD Police Officer then issues the citation. This procedure ties up both the agent and the police officer and involves a certain amount of duplication in paperwork. The SOU Agents have encountered several instances where if the person being detained is uncooperative, the waiting period for the police officer's arrival tends to escalate the situation. In addition, the delay provides the opportunity for bystanders to become involved thus increasing the chances for hostile behavior. Also, the SOU Agent's time could be better spent on other duties other than waiting around for an available police officer. Recommendation: Staff recommends that the City Attorney create an ordinance that would allow the SOU Agents to issue citations for minor in possession of alcohol/possession of less than one ounce of marijuana. The Ashland Municipal Court Judge is aware of this request and supports the adoption of the ordinance. The Ashland Police Department would provide the proper training to the SOU Agents to ensure they are complying with applicable laws and procedures. If there were any mitigating circumstances such as additional crimes or violent behavior, the Ashland Police Department would still send officers to the scene. By not having to respond to every one of these infractions at SOU,the police officers would be released for other duties. Since the Ashland Police Department provides dispatch services for SOU, the SOU Agents would still be required to report via radio when they were out with a minor in possession of alcohol/possession of less than one ounce of marijuana and the police officers would be monitoring such calls. Background Information: Letter from SOU Director of Security. September 24, 1999 SOUTHERN OREGON UNIVERSITY Chief Scott Fleuter Ashland Police Department 1155 E. Main Street, Ashland, OR 97520 Dear Chief Fleuter: In order to enforce laws on our campus; certain designated "Special Campus Security Officers" exercise limited"peace officers" authority conferred to them under the ORS 352.360 and ORS 352.385 (excerpts of these and related statutes are attached as following pages to this memorandum). Our Security Officers are usually first responders to all calls on campus that they receive from the Ashland Police Department's Dispatch Center. When crimes have been committed or discovered our Security Officers, by our policy, will always call your Department and Officers for investigation and prosecution. On rare occasions, when dictated by urgent and exigent circumstances, do our officers make arrests prior to the arrival of police officers. And when they do so, persons arrested are delivered immediately to the charge and control of your Department and Officers. Many of the calls that our Security Officers respond to are not crimes but are infractions in nature. Such infractions typically include possession of alcohol by minors or of less than an ounce of marijuana. And it is our opinion that in such.situations it will be more expedient for our Security Officers to have authority to issue citations under the authority of the Municipal Court, or the Ashland Police Department and/or the City of Ashland. Such authority will allow us to quickly and summarily handle minor situations and reduce our redundant paper work processing. Please be assured that this suggested change does-not and is not intended in anyway to prevent police officers from coming onto or entering our campus property. If it serves to facilitate this option, our University Administrators or I will be glad to discuss this possibility as another cooperative option with the City of Ashland. Your attention and consideration will be most gratefully appreciated. Sincerely yours, Joey Ngan, Director of Security cc: R. Bolstad Department of Security and Safety 1250 Siskiyou Boulevard Ashland,Oregon 97520-5091 Tel 541-552-6258 Fax 541-552-6907 OREGON REVISED STATUTES ORS 352.360 352.360 Traffic control on properties under state board; enforcement; fees; use. (1)The State Board of Higher Education may enact such regulations as it shall deem convenient or necessary to provide for the policing, control and regulation of traffic and parking of vehicles on the property of any institution under the jurisdiction of the board. Such regulations may provide for the registration of vehicles, the designation of parking areas, and the assessment and collection of reasonable fees and charges for parking, and shall be filed in accordance with the provisions of ORS 183.310 to 183.550. The board may require that before a quarterly or yearly parking privilege for any vehicle is granted to any full-time or part-time student to use board property, the student must show that the vehicle is operated by a student holding a valid driver's license, that the vehicle is currently registered and that the student driving the vehicle is insured under a motor vehicle liability insurance policythat meets the requirements described under ORS 806.080 or that the student or owner of the vehicle has provided the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state. (2)The regulations enacted pursuant to subsection(1)of this section shall be enforced administratively under procedures adopted by the board for each institution under its jurisdiction. Administrative and disciplinary sanctions may be imposed upon students, faculty and staff for violation of the regulations, including but not limited to, a reasonable monetary penalty which may be deducted from student deposits, and faculty or staff salaries or other funds in the possession of the institution. The board shall provide opportunity for hearing for the determination of controversies in connection with imposition of fines or penalties. The board may prescribe procedures for such hearings despite the provisions of ORS 183.415, 183.450, 183.460 and 183.470. Persons other than students,faculty or staff may voluntarily submit to the hearing procedures prescribed by the board, and shall be bound by the results thereof. The powers granted to the board by this section are supplemental to the existing powers of the board with respect to the government of activities of students,faculty and staff and the control and management of property under its jurisdiction. (3)The regulations enacted pursuant to subsection(1)of this section may also be enforced by the impoundment of vehicles,and a reasonable fee may be enacted for the cost of impoundment and storage, if any, prior to the release of the vehicles to their owners. (4)All fees and charges for parking privileges and violations are hereby continuously appropriated to the State Board of Higher Education to be used to defray the costs of constructing bicycle racks and bicycle lanes and of traffic control, enforcement of traffic and parking regulations, and maintenance and operation of parking facilities and for the purpose of acquiring and constructing additional parking facilities for vehicles at the various institutions,departments or activities under the control of the board,and may also be credited to the Higher Education Bond Sinking Fund provided for in ORS 351.460. Parking fees shall be established at levels no greater than those required to finance the construction, operation and maintenance of parking facilities on the same campus of the state institution of higher education on which the parking is provided. Notwithstanding ORS 351.072, parking fees or changes in fees shall be adopted by rule of the state board subject to the procedure for rules adopted inORS 183.310 to 183.550. (5) Every peace officer may enforce the regulations made by the board under subsection(1)of this section. The board, for the purpose of enforcing its rules and regulations governing traffic control, may appoint peace officers who shall have the same authority as other peace officers as defined in ORS 133.005.0 ©ORS 133.005 133.005 Definitions for ORS 131.655 and certain provisions of ORS 133.005 to 133.381 and 133.410 to 133.450. As used in ORS 131.655 and 133.005 to 133.381 and 133.410 to 133.450, unless the context requires otherwise: (1) "Arrest" means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A"stop" as authorized under ORS 131.605 to 131.625 is not an arrest. (2) "Federal officer" means a special agent or law enforcement officer employed by a federal agency and who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. (3) "Peace officer" means a member of the Oregon State Police or a sheriff,constable, marshal,municipal police officer,investigator of a district attorney's office if the investigator is or has been certified as a peace officer in this or any other state,or an investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon. [1973 c.836 s.62; 1979 c.656 s.1; 1981 c.808 s.l; 1991 c.67 s.25; 1993 c.254 s.l; 1995 c.651 s.61 ORS 352.385 352.385 Special campus security officers; authority;training;expense. (1)The State Board of Higher Education may, at the request of any institution under its control, authorize that institution to commission one or more of its employees as special campus security officers. However, the total number of special campus security officers commissioned at the institutions in the State System of Higher Education shall not exceed 50. Special campus security officers shall have stop and frisk authority as set forth in ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of their employment as defined by the State Board of Higher Education. Special campus security officers shall not be authorized to carry firearms as police officers and, except as provided in subsection(3)of this section, shall not be considered police officers for purposes of ORS 181.610®,238.005 OO, 243.005®or 243.736®. (2)The Department of Public Safety Standards and Training shall train special campus security officers at the expense of the State Board of Higher Education. (3)The State Board of Higher Education,acting by and through its special campus security officers, is a criminal justice agency for purposes of rules adopted pursuant to ORS 181.730(3). [1987 c.745 ss.1,2; 1995 c.364 s.1; 1997 c.853 s.37] ®ORS 133.310 ORS 133.310(15) "Police officer" means an officer, member or employee of a law enforcement unit who is employed full time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, Indian reservation, the Criminal Justice Division of the Department of Justice,the Oregon State Lottery Commission or the Governor or who is a member of the Department of State Police and who is responsible for enforcing the criminal laws of this state or laws or ordinances relating to airport security or is an investigator of a district attorney's office if the investigator is or has been certified as a peace officer in this or any other state. Oa ORS 238.005 PUBLIC EMPLOYEE RETIREMENT SYSTEM DEFINITION: (14)The term "police officer" includes: (a)Employees of institutions defined in ORS 421.005 as Department of Corrections institutions, whose duties,as assigned by the director,include the custody of persons committed to the custody of or transferred to the Department of Corrections and any other employee of the Department of Corrections who was classified as a police officer on or before July 27, 1989, whether or not such classification was authorized by law. (b)Employees of the Department of State Police who are classified as police officers by the Superintendent of State Police. (c)Employees of the Oregon Liquor Control Commission who are classified as enforcement officers by the administrator of the commission. (d) Sheriffs and those deputy sheriffs or other employees of a sheriff whose duties, as classified by the sheriff, are the regular duties of police officers or corrections officers. (e)Police chiefs and police personnel of a city who are classified as police officers by the council or other governing body of the city. (f) Parole and probation officers employed by the Department of Corrections and parole and probation officers who are transferred to county employment under ORS 421549. (g)Police officers appointed under ORS 276.021 or 276.023. (h)Employees of the Port of Portland who are classified as airport police by the Board of Commissioners of the Port of Portland. (i)Employees of the State Department of Agriculture who are classified as livestock police officers by the Director of Agriculture. Q)Employees of the Department of Public Safety Standards and Training who are classified by the department as other than secretarial or clerical personnel. (k)Investigators of the Criminal Justice Division of the Department of Justice. (1)Corrections officers as defined in ORS 181.610. (m)Employees of the Oregon State Lottery Commission who are classified by the Director of the Oregon State Lottery as enforcement agents pursuant to ORS 461.110. (n)The Director of the Department of Corrections. (o)An employee who for seven consecutive years has been classified as a police officer as defined by this section, and who is employed or transferred by the Department of Corrections to fill a position designated by the director as being eligible for police officer status. (p)An employee of the Department of Corrections classified as a police officer on or prior to July 27, 1989, whether or not that classification was authorized by law, so long as the employee remains in the position held on July 27, 1989. The initial classification of an employee under a system implemented pursuant to ORS 240.190 will not affect police officer status. (q)Employees of a school district who are appointed and duly sworn members of a law enforcement agency of the district as provided in ORS 332.531 or otherwise employed full time as police officers commissioned by the district. (r)Employees at the MacLaren School, Hillcrest School of Oregon and other youth correction facilities and juvenile detention facilities under ORS 419A.050, 419A.052 and 420.005 to 420.915, who are required to hold valid Oregon teaching licenses and who have supervisory, control or teaching responsibilities over juveniles committed to the custody of the Department of Corrections or the Oregon Youth Authority. (s)Employees at youth correction facilities as defined in ORS 420.005 whose primary job description involves the custody,control,treatment, investigation or supervision ofjuveniles placed in such facilities. (t)Employees of the Oregon Youth Authority who are classified as juvenile parole and probation officers. T ORS 243.005 LIFE INSURANCE FOR POLICE AND FIREFIGHTERS 243.005 Definitions (2) "Police officer" includes police chiefs and police officers of a city who are classified as police officers by the council or other governing body of the city; sheriffs and those deputy sheriffs whose duties, as classified by the county governing body are the regular duties of police officers;employees of districts, whose duties, as classified by the governing body of the district are the regular duties of police officers; employees of the Department of State Police who are classified as police officers by the Superintendent of State Police; employees of the Oregon State Lottery Commission classified by the Director of the Oregon State Lottery as enforcement agents;and employees of Department of Corrections institutions as defined in ORS 421.005 whose duties,as assigned by the superintendent, include the custody of persons committed to the custody of or transferred to the Department of Corrections institution;but "police officer" does not include volunteer or reserve police officers or persons considered by the respective governing bodies to be civil deputies or clerical personnel. ®ORS 243.736 PUBLIC EMPLOYEE RIGHTS and BENEFITS 243.736 Strikes by certain emergency and security personnel. (1) It shall be unlawful for any emergency telephone worker, police officer, firefighter or guard at a correctional institution or mental hospital to strike or recognize a picket line of a labor organization while in the performance of official duties. ORDINANCE NO. AN ORDINANCE ADDING SECTION 11.48.040 TO THE ASHLAND MUNICIPAL CODE AUTHORIZING CERTAIN EMPLOYEES OF SOUTHERN OREGON UNIVERSITY TO ISSUE CITATIONS FOR MINOR IN POSSESSION OF ALCOHOL AND FOR UNLAWFUL POSSESSION OF LESS THAN AN OUNCE OF MARIJUANA THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following section 11.48.040 is added to the Ashland Municipal Code: 11 48 040 Citations by Special Campus Security Officers of Southern Oregon University. The Special Campus Security Officers employed by Southern Oregon University are authorized to enforce and to issue citations on the Southern Oregon University Campus for minor in possession of alcohol (ORS 471.430) and for unlawful possession of less than an ounce of marijuana (ORS 475.992). The citation and service of the citation shall conform to the requirements of ORS 153.110 to 153.310. 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 Rev)*eyved as to forrrl,: Paul Nolte, City Attorney Page 1 — ORDINANCE(GipauMrd�cftaaon.ord) Council Communication Legal Department OURCA IGA Agreement October 5, 1999 Submitted by: Paul Nolte Approved by: Mike Freeman Title: A Resolution Approving the Oregon Utility Resource Coordination Association Intergovernmental Agency Agreement Synopsis: This resolution approves the final draft of the intergovernmental agreement forming the Oregon Utility Resource Coordination Association Intergovernmental Agency(OURCA). The council previously adopted the OURCA ordinance which authorized the city to join other consumer- owned utilities for the purpose of power purchases and sales. This agreement implements the ordinance. Recommendation: Move to adopt the resolution. Background Information: The consumer-owned utilities in Oregon have joined forces through the formation of OURCA to facilitate the purchase, sale, and distribution and pooling of electrical energy and capacity. The agreement being approved is the final version of the draft that was attached to the ordinance adopted by the council. The differences in this final version and the previous draft are inconsequential, except for Exhibit A. The previous draft did not have the completed Exhibit A (cost allocations among the participating utilities). (FAUSERTAUMRD\o rc iga ms mwpd) RESOLUTION NO. 99- A RESOLUTION APPROVING THE OREGON UTILITY RESOURCE COORDINATION ASSOCIATION INTERGOVERNMENTAL AGENCY AGREEMENT Recitals: A. On August 3, 1999, the council adopted Ordinance 2842, which authorized an intergovernmental agreement creating the Oregon Utility Resource Coordination Association Intergovernmental Agency. B. At the time of the adoption of the ordinance the intergovernmental agreement was in draft form and the cost allocations among the various entities forming the agency was not completed. The agreement and cost allocations have now been finalized and are ready to be adopted by the city. The cost allocations are attached as Exhibit A to the agreement. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached agreement entitled "Intergovern mental Agreement Creating The Oregon Utility Resource Coordination Association Intergovernmental Agency" is approved and the Director of Electric Utilities is authorized to sign the agreement on behalf of the city. 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 Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION (F1USERTAWORMOURGA IGA msmpd) INTERGOVERNMENTAL AGREEMENT CREATING THE OREGON UTILITY RESOURCE COORDINATION ASSOCIATION INTERGOVERNMENTAL AGENCY THIS INTERGOVERNMENTAL AGREEMENT CREATING THE OREGON UTILITY RESOURCE COORDINATION ASSOCIATION INTERGOVERNMENTAL AGENCY (Agreement) is entered into by and between the following parties: the City of Ashland, a municipal corporation of the State of Oregon(Ashland); Clatskanie People's Utility District, an Oregon people's utility district(PUD) formed under ORS Chapter 261 (Clatskanie PUD); Emerald People's Utility District, an Oregon PUD formed under ORS Chapter 261 (Emerald PUD); Eugene Water&Electric Board, a municipal utility of the State of Oregon (EWEB); the City of McMinnville, a municipal corporation of the State of Oregon, acting by and through the McMinnville Water and Light Commission(MW&L); Northern Wasco County People's Utility District, an Oregon PUD formed under ORS Chapter 261 (Northern Wasco PUD); and Tillamook People's Utility District, an Oregon PUD formed under ORS Chapter 261 (Tillamook PUD) (each of which is referred to herein individually as a"Party" and collectively as the "Parties"). RECITALS: A. WHEREAS, the Parties hereto are authorized to enter into this Agreement creating the Oregon Utility Resource Coordination Association Intergovernmental Agency(OURCA IGA) pursuant to their respective principal acts, charters, and ORS 190.003 to 190.265; B. WHEREAS, each of the Parties operates a consumer-owned electric utility in the State of Oregon and is authorized to purchase, generate, transmit, distribute, sell and interchange electric energy within and without their individual boundaries; C. WHEREAS, the Parties intend to further the economy and efficiency of their respective consumer-owned electric utilities by forming the OURCA IGA; D. WHEREAS,pursuant to ORS 190.010, the OURCA IGA may perform any or all functions and activities that a Party to this Agreement, its officers or agencies, has the authority to perform; E. WHEREAS, the Parties intend by this Agreement to set forth the parameters, terms, and conditions pursuant to which the OURCA IGA will act; F. WHEREAS, the Parties intend to use any authority vested in the OURCA IGA to further the economy and efficiency of each Party by the purchase, sale, generation, transmission, - 1 - distribution, interchange or pooling of electrical energy and capacity among the Parties or with others; G. WHEREAS, each of the Parties has taken all actions required under applicable acts, charters and law to authorize the execution and performance of this Agreement; NOW, THEREFORE, THE PARTIES agree as follows: ARTICLE I OURCA IGA 1.1 OURCA IGA. There is hereby created the Oregon Utility Resource Coordination Association Intergovernmental Agency,referred to herein as the OURCA IGA. The parties to the OURCA IGA are Ashland, Clatskanie PUD, Emerald PUD, EWEB, MW&L,Northern Wasco PUD, and Tillamook PUD. 1.2 Effective Date. The effective date of this Agreement is September 9, 1999. 1.3 General Powers. The OURCA IGA shall have the following powers, in addition to those specified in ORS 190.003 to ORS 190.265: 1.3.1 To arrange scheduling and dispatching of power, energy, capacity or transmission for the account of a Party,Parties or the OURCA IGA; 1.3.2 To purchase power, energy, capacity, assets, generation facilities, transmission or ancillary services for the account of a Party,Parties or the OURCA IGA; 1.3.3 To sell power, energy, capacity, assets, generation facilities,transmission, or ancillary services for the account of a Party,Parties or the OURCA IGA which is not needed to meet the loads of the Party, Parties or the OURCA IGA; 1.3.4 To negotiate or advocate for power, energy, capacity, assets, generation facilities, transmission or ancillary services for the account of a Party, Parties or the OURCA IGA, including administrative and legal proceedings related thereto; , 1.3.5 To study the most economic and efficient procurement of power, energy, capacity, facilities transmission or ancillary services for the account of a Party, Parties assets, generation azY or the OURCA IGA; - 2 - 1.3.6 To perform the administration and accounting of all payments and receipts related to the purchase and sale of power, energy, capacity, assets, generation facilities, transmission, or services for the account of a Party, Parties or the OURCA IGA; 1.3.7 To adopt such bylaws,rules, regulations, and policies as the Parties deem necessary to further the purposes of this Agreement; 1.3.8 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to ORS 288.945; 1.3.9 To exercise all powers pursuant to the applicable acts,charters or law of the individual Parties which are necessary or desirable to economically and efficiently develop and operate the OURCA IGA. 1.4. Meetings. Meetings of the OURCA IGA shall be conducted in accordance with the provisions of the Oregon Public Meetings Law, ORS 192.610 to 192.710. 1.5 Offices. The principal offices of the OURCA IGA shall be located at 1001 S.W. Fifth Avenue, Suite 2000, Portland OR, 97204, c/o Cable Huston Benedict Haagensen&Lloyd, LLP. 1.6 Budgeting. The Board shall provide for an annual work plan and an estimate of expenses for the next fiscal year. Each Party shall provide in-kind services to further the purposes of the OURCA IGA as each Party deems necessary or desirable. Such in-kind services shall not be reimbursed from the OURCA IGA or other Parties, unless otherwise agreed. 1.7 Several Liability. Unless as otherwise expressly agreed in writing, there shall be no joint and several liability of the Parties either in contract or tort and all obligations of the OURCA IGA or the Parties shall be several only. Without limiting the foregoing,no Party to the OURCA IGA shall be liable for damages, debts or claims caused solely by the negligent act, omission or other wrongful act by the OURCA IGA or other Parties. The Party causing damage by its sole negligent act, omission or wrongful act shall be individually liable. ARTICLE II GOVERNANCE AND MEMBERSHIP 2.1 Board of Directors. The OURCA IGA shall be governed by a Board of Directors (Board). The governing body of each Party shall appoint one(1) representative to the Board and one (1) alternate representative. An alternative representative shall act in a Board capacity only during the absence of that Party's representative. Representatives and alternate representatives shall - 3 - serve at the pleasure of their respective governing bodies. In the event of a vacancy, the governing body of the Party shall appoint a successor. 2.2 Officers. After the effective date of this Agreement, the Board shall elect from its membership a President, a Vice President, and a Secretary/Treasurer(collectively, the "Officers") who shall serve a term consisting of the remainder of 1999 and the following calendar year. Thereafter, annually, at the beginning of each calendar year, the Board shall elect from its membership Officers who shall serve a term of one(1)year. Officers shall serve at the pleasure of the Board or until their successors shall be appointed and take office. 2.2.1 Duties of President. The President shall preside at all meetings of the OURCA IGA and shall submit such recommendations and information as she or he may determine appropriate to discuss at the OURCA IGA meeting. The President shall perform the duties and responsibilities of the OURCA IGA in accordance with the obligations and limitations set forth in this Agreement. The President shall otherwise not hold herself or himself out to have the authority to bind the members of the OURCA IGA to any financial or other obligations. 2.2.2 Duties of Vice President. The Vice President shall perform the duties of the President in the absence or the incapacity of the President. In the case of the resignation or the death of the President, the Vice President shall perform the duties of the President until such time as the Board shall elect a new President. 2.2.3 Secretary/Treasurer. The Secretary/Treasurer shall keep the minutes and the official records of the OURCA IGA and perform such other duties required of a Secretary/Treasurer. The Secretary/Treasurer shall be responsible for the fiscal administration of all funds of the OURCA IGA. The Secretary/Treasurer and either the President or the Vice President shall act as co-signers of checks drawn upon the accounts of the OURCA IGA. The Secretary/Treasurer may delegate the administrative functions of her or his office to another person or persons who need not be on the Board. 2.2.4 Additional Duties. The Officers of the OURCA IGA shall perform such other duties and functions as may from time to time be required by the OURCA IGA bylaws, or other rules and regulations. 2.3 Executive Committee. The Board may establish an Executive Committee that will be comprised of the three Officers and two additional Board members. The Executive Committee shall have the duties, responsibilities and a term all as determined by the Board from time to time. -4 - 2.4 Voting Rights. Except as otherwise expressly provided in this Agreement, the Board shall exercise its voting rights in the following manner: 2.4.1 Quorum. A majority of the Board shall constitute a quorum for the transaction of business. 2.4.2 General Administrative Obligations. Except as provided in Sections 2.4.3 and 2.4.4, general administrative obligations or activities required to meet legal requirements or policies related to the existence of the OURCA IGA or its operations may be acted upon by a majority vote of the Board. General administrative obligations or activities include, but are not limited to, the election of officers, compliance with the Oregon Public Meetings Law, ORS 192.610 to ORS 192.710 and preparation of an annual work plan. Each Party's apportioned share of the general administrative obligations or activities shall be determined in accordance with the following Cost Allocation Methodology. Fifty percent(50%) of costs are shared equally among all Parties. Twenty-five percent(25%) of costs shall be based on the ratio of a Party's retail electricity sales in terms of megawatt hours as compared to the total OURCA IGA Parties'retail electricity sales in terms of megawatt hours. The remaining twenty-five percent(25%) of costs shall be based on the ratio of a Party's retail electricity revenues as compared to the total OURCA IGA Parties' retail electricity revenues. The Board will update the application of the Cost Allocation Methodology upon the entry or exit of any Party from the OURCA IGA or at least annually. The initial Cost Allocation Methodology, and the resulting percentage allocated to each Party, is attached as Exhibit A. 2.4.3 Employment of Staff or Consultants. Except as provided in Sections 2.4.2 and 2.4.4, the employment of staff or consultants, including the hiring and terminating of any staff, employees or consultants, shall require the authorization of the Board pursuant to the following two voting mechanisms: (1)A majority vote of the Board; and(2)A majority vote of the Board, with each Board representative's vote equal to the percentage allocated to each Party as specified in the Cost Allocation Methodology attached in Exhibit A. Each Party's apportioned share of employment related expenses shall be determined in accordance with the Cost Allocation Methodology. The Board may delegate the employment of staff or consultants, including the hiring and terminating of any staff, employees or consultants, to another person or persons, upon a majority vote of the Board,with each Board representative's vote equal to the percentage allocated to each Party as specified in the Cost Allocation Methodology attached as Exhibit A. 2.4.4 Procurement of Goods and Services and the Issuance or Sale of Bonds, Securities or Other Forms of Indebtedness. Except as provided in Sections 2.4.2 and 2.4.3, the procurement of goods and services, including but not limited to the purchase of generation facilities and power supply contracts, and the issuance or sale of bonds, securities or other forms of indebtedness, including but not limited to the issuance of revenue bonds under ORS 288.805 - 5 - to ORS 288.945, requires the affirmative authorization of each individual Party to be bound, such authorization to be expressed by resolution, ordinance or other binding commitment of the Party's governing body. Parties not affirmatively authorizing such actions shall in no instances be liable. The procurement of goods and services shall be performed by resolution or separate agreement which specifies (1) the apportionment of fees, costs, or revenue derived from the functions and activities; and (2)the manner in which such revenue shall be accounted for. Such resolution or separate agreement may or may not involve the participation of the OURCA IGA, however, such participation of the OURCA IGA shall not create liability for a Party that has not affirmatively authorized such action. 2.4.5 Voting By Proxy. Any Board representative may vote by proxy, provided that the proxy power is granted to the proxy voter in writing and the effective proxy period is specified. 2.4.6 Voting In Absentia. Any Board representative may vote in absentia by telephone or in writing, including by facsimile. Any written vote in absentia must be received prior to the meeting at which the vote is to occur and must be signed by the Board representative. 2.5 New Parties. The Board may authorize a new Party to join the OURCA IGA if approved by 2/3 vote of the Board. 2.6 Insurance. The OURCA IGA shall provide for adequate insurance to cover the directors, officers, employees, staff, agents and activities undertaken by the OURCA IGA. 2.7 Conflicts. The OURCA IGA shall not take an advocacy position in administrative or legal proceedings which position conflicts with the position taken by any individual Party. Parties shall notify the OURCA IGA of any such potential conflict. ARTICLE III TERM AND TERMINATION 3.1 Term. Except as expressly provided, the term of this Agreement shall be perpetual, unless by a unanimous vote the Board acts to dissolve the OURCA IGA. 3.1.1 Dissolution. Upon dissolution, each Party to the OURCA IGA on the date of dissolution shall remain liable solely for its individual share of any OURCA IGA expenditure that has been specifically incurred by the Party in accordance with the terms of this Agreement or by other resolutions or separate agreements of the Party. Upon dissolution, the assets of the - 6 - OURCA IGA shall be distributed to the members on the basis of the rights and obligations of each Party to the assets held as of the date of the dissolution. 3.2 Voluntary Withdrawal by a Party. Any Party may elect to terminate their participation in this Agreement and withdraw from the OURCA IGA by giving written notice to the President and each member of the OURCA IGA. Withdrawal shall be effective forty-five(45) days from the date of notice. The withdrawing Party shall continue to pay its apportioned share of, or be responsible for, any debt attributable to that Party incurred prior to the Party's written notice of withdrawal, and shall hold harmless the remaining Parties and the OURCA IGA for those financial responsibilities and obligations attributable solely to the withdrawing Party. 3.3 Involuntary Withdrawal of a Party. By a 2/3 vote of the Board, any Party may be requested to withdraw from the OURCA IGA and relinquish their powers and duties under this Agreement. The President of the OURCA IGA shall notify such Party by written notice addressed to that Party. Unless as otherwise agreed by a 2/3 vote of the Board, termination of the Party is effective forty-five(45) days from the date of notice. The withdrawing Party shall continue to pay its apportioned share of, or be responsible for, any previously incurred debt pursuant to Sections 2.4.2 and 2.4.3 that is attributable to that Party as of the effective date of the withdrawal, and shall hold harmless the remaining Parties for those financial responsibilities and obligations attributable solely to the withdrawing Party. ARTICLE IV DISPUTE RESOLUTION 4.1 Dispute Resolution. If a dispute arises between the Parties or between the OURCA IGA and the Parties regarding breach of this Agreement or interpretation of any term of this Agreement, the Parties shall first attempt to resolve the dispute by negotiation, followed by binding arbitration if negotiation fails to resolve the dispute. 4.1.1 Negotiation. The Board Member or other persons designated by each of the disputing Parties will negotiate on behalf of the Parties they represent. The nature of the dispute shall be reduced to writing and shall be presented to each of the disputing Parties who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each disputing Party and ratified by the OURCA IGA which shall be binding upon the Parties. 4.1.2 Binding Arbitration. If the dispute cannot be resolved by negotiation within forty-five (45) days, the parties shall submit the matter to binding arbitration. The Parties shall attempt to agree on an arbitrator. If they cannot agree upon an arbitrator within ten(10) days, the - 7 - Parties shall submit the matter of determining an arbitrator to the Presiding Judge of the Marion County Circuit Court. The common costs of the arbitration shall be home equally by the Parties. Each Party must bear its individual costs and fees. ARTICLE V AMENDMENT 5.1 This Agreement, other than Sections 1.7, 2.4, 2.5, 3.2, 3.3, and 5.1 may be amended upon a majority vote of the Board and shall be prepared by mutual written agreement of the Parties, signed by all of the Parties. Sections 1.7, 2.4, 2.5, 3.2, 3.3, and 5.1 of this Agreement may be amended only upon the affirmative authorization of each Party. ARTICLE VI GENERAL PROVISIONS 6.1 Merger. This Agreement embodies the entire agreement and understanding between the Parties relating to the formation of the OURCA IGA hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. 6.2 Severability. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any.way be affected or impaired thereby. 6.3 Notice. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by certified mail, first class postage prepaid, addressed to the Parties as follows: General Manager General Manager City of Ashland Clatskanie People's Utility District Department of Electric Utilities P. O. Box 216 City Hall, 20 East Main Clatskanie, OR 97016 Ashland, OR 97520 General Manager General Manager Eugene Water&Electric Board Emerald People's Utility District 500 East Fourth Avenue 33733 Seavey Loop Road Eugene, OR 97440 Eugene, OR 97405 - 8 - General Manager General Manager McMinnville Water&Light Northern Wasco People's 855 Marsh Lane Utility District McMinnville, OR 97128 P. O. Box 621 The Dalles, OR 97058 General Manager Tillamook People's Utility District P. O. Box 433 Tillamook, OR 97141 6.4 Counterparts. This Agreement may be executed in any number of counterparts and by the parties on separate counterparts, any one of which shall constitute an agreement between and among the Parties. 6.5 IN WITNESS WHEREOF, the Parties have executed this Agreement by the date set forth opposite their names below. Date: Pete Lovrovich, General Manager City of Ashland Department of Electric Utilities Date: Greg Booth, General Manager Clatskanie People's Utility District Date: Jeff Shields, General Manager Emerald People's Utility District Date: Randy Berggren, General Manager Eugene Water& Electric Board Date: Edward J. Gormley, Mayor and Ex-Officio Member of the McMinnville Water& Light Commission - 9 - STATE OF OREGON ) ss. County of ) SIGNED OR ATTESTED before me on this day of , 1999,by Edward J. Gormley. Maryann Nolan Title: My Commission Expires: Date: Dwight Langer, General Manager Northern Wasco People's Utility District Date: Patrick Ashby, General Manager Tillamook People's Utility District - 10 - 0 3 ( 5 N» oo m 3 F o n 0 3 < G) 0 0 D v _° ob' 90 99° � ; va CD O r C Q Q C �p CL O 11 Gl O — J N N CD fA O N N O (D N 6A fA EA fA di CD o 0 0 N O O O N A � CD D -+ ° O O 0 O O co 0)A A V W N CD 7 O co C) F v N N A N 01 OJD . C N V y O O V to O) A. IJ Cn J N N CD — �—�'' Q O' R co (Vii W N OAi co A co n f d N N = S N 0 N V A W QfDQ 7 (A � " � N OODA W O W OCAO C O (O W O 0 W v n M co CO C N W o N jO N V J ca N ^. = = d (D N A OOi co A N N W N N N Q O N w CD n ? OO N DA � p> _ 0 �... 0 m H 0 0 0 y vi vi vi bD Eli EA to 10 H 0 0 0 0 0 0 O O O 0 a r I y^ 3 � W A A N W r n N A r 0 0 0 w W J W co m N W W ry et X X m W j a 7 A DDS CD . . . acorn w � O CD o N d ? A N (WT Cn N N O CD 0 co En N CD C3 CO O y 0 O W W W ONi A A W N N aC Cy CD C Oo 0 0 \° N a) (D c o 0 0 0 rA O W Q 1 00 N .OAj N OD ? O J O N• �.bo O o o A Of O -40 u o o ° o °° O O O N k7 W A A A A A A A o O (D (D m co N mm mccoo N 3 o o 0 o a o a m O .�.. O N s A DO (�D i N OD -4 v N JO C 'p N o � o o \ N 0 0 0 ° � _ O A Council Communication Legal Department Telecommunication Code Amendments October 5, 1999 Submitted by: Paul Nolte Approved by: Mike Freeman Title: An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees Synopsis: This ordinance was scheduled for first reading at the council meeting on September 21, 1999, but time did not permit council consideration. The council communication for that meeting is attached for your further review. Prior to the last meeting, Councilor Hauck proposed modifications to the amending ordinance being considered. His modifications were distributed at that meeting and are also attached for your review. In addition, US West identified two changes to be made in the amending ordinance which I failed to make. The affected sections should read (words lined throng! are to be deleted from the sections as set forth in the amending ordinance and sh"ade`tlwords are to be added): 16.12.170.C: "If the permittee fails to restore rights of way or property to as near the original condition as reasonably possible, the city shall give the permittee written notice and provide the permittee a reasonable period of time not exceeding 30 days to restore the rights of way or property. If, after such notice, the permittee fails to restore the rights of way or property to near the original condition.as reasonably possitil'e, the city shall cause such restoration to be made at the expense of the permittee." The opening paragraph in 16.16.030 should read: "Relocation or Removal of Facilities. Within 60 days following written notice from the city, a grantee shall, atits-ov nvro expense tottiecity,temporarily or permanently remove,relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for:" (The remainder of this section as set forth in the amending ordinance remains the same.) Recommendation: Adopt first reading of the ordinance by title only with the amendments to 16.12.070.0 and 16.16.030 as set forth above and with the modifications suggested by Councilor Hauck. The amendments above and the Hauck modifications should be read in full. Background Information: See the background information supplied in the September 21, 1999, council communication (attached). (F:\USER\PAUL\Telecommunications\Ordinanas\ashland amend 999 anno cclwpd) t a Council Communication Legal Department Telecommunication Code Amendments September 21, 1999 Submitted by Paul Nolte Approved by: Mike Freeman Title: An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees Synopsis: This ordinance contains numerous amendments to the telecommunications ordinance adopted by the council in March 1998. Major changes include adding a provision imposing the construction and renewal requirements on cable TV utilities and deleting the requirement for a license rather than a franchise for those telecommunication providers using only a small portion of the city's right of ways. The distinction between a license and franchise was not clear and under the proposed amendments only franchises will be issued. The changes also include: 1) a requirement that a telecommunications provider pay a pavement degradation fee when construction within a right of way includes cutting the pavement. Pavement cuts shorten pavement life and this fee is designed to recoup the city's investment in quality paving; 2) encouragement for providers to cooperate with other utilities during construction within the right of way so that multiple cutting of the pavement is avoided; 3) a clarification that a provider who is permitted by the city to install facilities above ground may do so with consent of the city or the joint pole owner(US West); 4) streamlining of construction requirements within the public rights of way and 5) a fee for resellers who have no facilities within the right of way but lease lines from a franchisee. Resellers use leased lines to sell telecommunication services to others. Recommendation: Adopt first reading of the ordinance by title only. Background Information: A version of these amendments were first presented to the council in December 1998 and a first reading was conducted in January 1999. At that time, US West requested additional time to review the amendments. Council Communication from the Legal Dept. Page 2 September 21, 1999 Prior to the January first reading, representatives of US West met with staff to voice its concerns over some ordinance provisions. US West felt that the city had exceeded its authority in the implied manner the city would charge US West over and above statutory limits. For incumbent local exchange carriers (i.e. US West), cities are limited to charging 7% of a narrowly defined revenue base (about one-third of US West's total revenue). In addition, US West felt that the unreimbursed co-location requirements imposed by the ordinance amounted to a constitutional taking. US West also noted that the ordinance placed in doubt the contractual provisions the city has with it over joint pole ownership. Under a contract dating back to the 1920s practically every pole erected in the city is jointly purchased, installed and owned by US West and the city. US West also pointed out several construction requirements in the ordinance that were impractical, inefficient or uneconomical. After the January first reading, staff continued to meet with representatives of US West and Falcon Cable to further resolve perceived ambiguities in the amendments and to further clarify and streamline requirements for telecommunication providers. Many of the amendments are proposed to alleviate the concerns of US West and Falcon. Some amendments also result from experience in other cities who are attempting to implement their own telecommunication ordinances. F:\USER\PAUL\Telecommunications\Ordinanms\ashland amend 899 anno cc.wpd f From Councilor Steve Hauck: To: The Mayor and City Council: Having gone over the proposed amendments to City's Telecommunication Ordinance, I have the following suggestions to make for changes to the proposed document. will outline my reasons for each change at tonight's meeting. I. (Restore the following section.) SECTION 3. Section 16.08.010 16.08.010 Purpose. D. To assist the city in monitoring compliance with local, state and federal laws as they apply to grantees under this title. II. (Remove the following section.) SECTION 26. Section 16.16.030 The.city==shall no# require a grantee to remove or relocate its facaldies:or vacate any street, alley or other public fiighway incidental fo any public housing or renewal;pm�ect under ORS Chapters 456:or 457 without reserving a grantee's right therein or without:iegwnng a°granteeto be,compensated fortle costs #Hereof: III. (Restore the following section.) 16.20.030 Application. D. 4. the specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. I. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities. J. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application. L. Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising. r N. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational and governmental institutions. O. As Builts, after completion of initial construction. P. A description of applicant's access and line extension policies. Q. The area or areas of the city the applicant desires to serve and a schedule for build-out to the entire franchise area. IV. (Restore the following sections.) 16.20.050 Determination by the city. The city shall issue a written determination granting or denying the application in whole or in part, applying the standards listed below. If the application is denied, the written determination shall include the reasons for denial. The standards to be applied by city are: A. The financial and technical ability of the applicant. B. The legal ability of the applicant. C. The capacity of the public rights of way to accommodate the applicant's proposed facilities. D. The capacity of the public rights of way to accommodate additional utility and telecommunications facilities if the license fra►ichise,is granted. E. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license or franchise is granted. F. The public interest in minimizing the cost and disruption of construction within the public rights of way. G. The service that applicant will provide to the community and region. H. The effect, if any, on public health, safety and welfare if the license or franchise is granted. I. The availability of alternate routes or locations for the proposed facilities. J. Applicable federal and state telecommunications laws, regulations and policies. K. Such other factors as may demonstrate that the grant to use the public rights of way will serve the community interest. � 1 1 V. (Restore the following sections) 16.20.130 Renewal Determinations. A. The financial and technical ability of the applicant. B. The legal ability of the applicant. C. The continuing capacity of the public rights of way to accommodate the applicant's existing facilities. D. The applicant's compliance with the requirements of this title and the license or franchise agreement. F. Such other factors as may demonstrate that the continued grant to use the public rights of way will serve the community interest. VI. (Restore the following section.) 16.20.160 Transactions Affecting Control of Grant. Any transactions which singularly or collectively result in a change of ten percent or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth of grantee's telecommunication system, facilities or substantial parts of such capacity or bandwidth, shall be considered an assignment or transfer requiring city approval pursuant to section 16.20.150. Transactions between affiliated entities are not exempt from city approval. VII. (Restore the following section.) 16.20.170 Revocation or Termination of Grant Frarichise. C. Unauthorized substantial transfer of control of the grantee. E. Unauthorized sale, assignment or transfer of grantee's franchise or license assets, or a substantial interest in the franchise or license. VIII. (Restore the following section.) SECTION 30, Section 16.24.040: " 16.24.040 Nondiscrimination. A grantee shall make its telecommunications services available to any customer within its license or franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this chapter shall prohibit a grantee from making any reasonable classifications among differently situated customers. RESOLUTION NO. 96. A RESOLUTION ADOPTING A CITY OF ASHLAND TELECOMMUNICATIONS POLICY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached document entitled "City of Ashland Telecommunications Policy" is adopted as the city's policy regarding telecommunications. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of October, 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney s PAGE 1-TELECOMMUNICATIONS POLICY AND RESOLUTION w.rdiotmomm.res) CITY OF ASHLAND TELECOMMUNICATIONS POLICY Technological and regulatory change in the telecommunications industry presents the residents and businesses of Ashland many new opportunities. The City of Ashland is committed to ensuring that everyone in our community has equal access to these new options. Ashland encourages a competitive telecommunications marketplace that respects the needs of individual residents, businesses and the community as a whole. The city is also committed to using telecommunications technologies to the fullest extent possible to assist in the delivery of municipal services. The City of Ashland shall implement this policy through its multiple roles as: ♦ a regulator ♦ a facilitator ♦ a service provider The City as a Regulator 1. Develop a "level playing field" for all telecommunications companies by assessing equitable taxes and fees on service providers in Ashland and/or companies that wish to use city rights-of-way. 2. Protect the city's rights-of-way by requiring telecommunications companies to respect the integrity of city infrastructure. 3. Promote universal access to telecommunications services for all Ashland residents without regard to economic, social, or language barriers. 4. Ensure that Ashland city ordinances, permits, and procedures enable telecommunication technology advances while protecting the quality of life in our communities. 5. Ensure that Ashland's cable television infrastructure is consistently state-of-the- art and provides residents and businesses with competitive costs and service options. The City as a Facilitator 1. Encourage competition among all telecommunications companies to offer our businesses and residents a state-of-the-art telecommunications infrastructure that provides the widest variety of services at the lowest available costs. 2. Educate residents and businesses about technological and regulatory changes in the telecommunications industry and encourage a dialogue in the community of how to best use these services throughout Ashland in a coordinated, integrated manner. PAGE 2-TELECOMMUNICATIONS POLICY AND RESOLUTION (p:orduaiecomm.ros) 3. Encourage the location and retention of businesses in Ashland by marketing the benefits of advanced telecommunications services to achieve greater economic competitiveness. 4. Encourage the development of additional telecommunications networks in Ashland to ensure that services from these networks are available to all residents and businesses. 5. Take an active role in state and federal telecommunications legislation and regulation to protect the rights of local government as well as the privacy and security of our residents using telecommunications services. The-City as a Service Provider 1. Maximize utilization of telecommunications technology to provide public information and services to our community. 2. Continue to modernize the city's telecommunications infrastructure to improve the efficiency and effectiveness of city operations. 3. Evaluate potential application of telecommunications technologies in new or expanded ways. 4. Purchase telecommunications services for the city that provide quality services at competitive rates. PAGE 3-TELECOMMUNICATIONS POLICY AND RESOLUTION (p:ordtte1ewmm.r") . ORDINANCE NO. AN ORDINANCE AMENDING THE TELECOMMUNICATIONS TITLE 16 OF THE ASHLAND MUNICIPAL CODE TO ADD PROVISIONS REGULATING CABLE SERVICE AND TO SIMPLIFY AND CLARIFY REQUIREMENTS FOR GRANTEES THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are finedhrangH and additions are shaded. SECTION 1. The following section 16.04.025 is added to the Ashland Municipal Code: 16.04f025 Applic bility to Ca le Serviee and ®pe Video System. To the extent hot specif I precluded by the Cable Act or any other federal law, his title shall 5pply t cable se ice p o itled within the ci an to ®pen Vitleostems, as that term is used 'n section 653 ofthe Telecommunications Act SECTION 2. Sections 16.04.040.J, K, L, Q, Y and BB of the Ashland Municipal Code are amended to read: J. Franchise _ e—means an agreement between the city and a grantee which grants a privilege to use public right of way and utility easements within the city for a dedicated purpose and for specific compensation. K. Grantee means the person to which a franchise or'ieense is granted by the city. L. Gross Revenue- cept.:fo&a telecommun(cafioAiQuutilify grross re enue.,.means gross revenue derived by grantee from the provision of telecommunications services originating or terminating in the city on facilities covered by the franchise eHieense. For the purposes of this definition, et uncollectib_leq r _ fromlrevenue include in gross reven}i S may be excluded from gross ureve.�n r a telecommuniiea ions utility,.gross revenue meeatns those revenues derived from exchangeaccess seivyic_es, as ssY F �' j. dennedtln'®RSF401{71 i less net a t llecti' I fromrsueh reJenues'?If a`telee ommunicationstility,�proyides telecommunication'services in atltlition to exchange access_ services, then; gross revenue for those additional services-,shall have=the meaning defined in the first`sentence ofthis'section. 1. Net tinee"e&06'es Irem revenue ini ,venues. 3. Revenue derived from the provision of teleeernmuniestions Page 1 —AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) i . point of presence, provided that at least 90% of the annual traffie on the facility Q. Public Rights of Way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or including the subsurface under and air space over these areas, but only to the extent of the city's right, title, interest or authority to grant a fieense-arfranchise to occupy and use such streets and easements for telecommunications facilities. Put lic-0 sght ofd_ Way do not.iri'W Is, paths or sidewalks within parks or other areas of the city unless path or idewalk With dedicated as a right of +�� � way,, Y. eseller means any person that provides to el communications service usin a telecommunications facility within a public right of way for which service a separate charge is made? where that ers'n does not own, lease, control or manage`the telecommunications facilityaused to provide theseinrioe! n — . BB. Utility Easement means an easement ithin the publicrigFit of:way _ �— s mss. :. . iesignatedron a?subdivision plat or partitio ma as a utilityeasement public utili ty,easement or,"P.UE." or any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes not inconsistent with the telecommunications facilities. SECTION 3. Section 16.08.010 is amended to read: 16.08.010 Purpose. The purpose for registration is: A. To assure that all telecommunications carriers who have facilities or provide services within the city comply with the ordinances, rules and regulations of the city. B. To provide the city with accurate and currenf information concerning the telecommunications carriers who offer to provide telecommunications services within the city, or that own or operate telecommunications facilities within the city. C. To assist the city in the enforcement of this title and the collection of any city franchise fees license fees or charges that may be due the city. D. To assist the e:LY in moniteri and federal Page 2—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) .,:rc&x,:*.h,..., •,xte•.• ;ice-» t r jaws as they apply tq.gr�ntees tinder.tHs We- SECTION 5. Section 16.08.020 of the Ashland Municipal Code is amended to read: 16.08.020 Registration Required. Except as provided in section 16.08.040, all telecommunications carriers having telecommunications facilities within the corporate limits of the city, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the city, shall register with the city; pursuant to this ehapter on forms pTh6iappropria e ap�plicafion�and license�fr�om �a)�+theO�PUC,�o�r b)�t�heFCC,qualifyas�necessary registration i formation ;' ppl�ca_nts also�have�the option�of providing the;followih9 'L � information: A. The identity and legal status of the registrant, including any af€tliates. ^. I th"e:name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. E B. A description of the registrant's existin 1 or proposed telecommunications facilities within city,a�cJescnpt on of the telecommonications"facilities that,the registrar tsiptgnds to construct andaa . B. ; description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city. -E. Information suffieeent to determine whether the registrant is subjeet to publie right of way lieensing or framehising tinder this title. FC. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any usmess`ilicensekfequirernents ,/a copy of�tFie tiusrnesslicenseonc�gnsetnumber�must be provided. required by the FGG to have Page 3—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telewmmunications\Ordinances\ashland amend 899 anno.wpd) r ---islrant has applied for and received a eityAmsiness license, list the license nurnbeF. SECTION 6. Section 16.08.040 of the Ashland Municipal Code is amended to read: 16.08.040 Exceptions to Registration. The following telecommunications carriers are excepted from registration: A. Telecommunications carriers that are owned and operated ex luc sevely for its own use by the state or a.political subdivision of this state and provide telecommunications services for goerrih al purposes,only_ B. A private telecommunications network, provided that such network does not use or occupy any public rights of way of the city or other rights of way qty. C;, leelee cornmunicatonscafiers fh"at aretgrantees under=a _ telecommuntcations franch)se with the`city or precious grantee"s that ha�ie temelyxfled f_or,.and are actively, and expediteeously pursuing, a franch se renewOrT _ w SECTION 7. Section 16.12.030 of the Ashland Municipal Code is amended to read: 16.12.030 Construction Permits. No person shall construct or install any telecommunications facilities within aapiabfic�riglit of++way in the city without first obtaining a constructionpermit pranided ewener• and paying the construction permif�ee`establ sh'gdin sion612�07Q: A. No permit shall be issued-4 Or the construction or installation of teleeornirnitiniestions facilities within the city unless the telecommunications earriff purstiant to chapter .I; B. No permit shall be issued for the construction or installation of telecommunications facilities in the public rights of way unless the telecommunications carrier has f[stfapplied for and received a+eeflse-o_ franchise pursuant to chapter 16.20 or p�evrous(granteestlathave timely fled for4andtare actively andtaezpedetiously pursuing,:a,frantiise renewal: G. No permit shefl be issued for the construction or rntin cations facilities without payment of tie eonstruetioi fee established in section 16.12.07-0- Page 4—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) B'. No permit shall be necessary.forthe installation ofa.customer�specifc wire("a drop")by a franchise grantee where no ezcavation,within the right of,way occurs. s ten: € 'he a " C No permlt s ,all be cessary or�the,mstallataon of,teleco$m uneation faalit)esw)th(n a.ut)hty easementtfiat'is not othervvise w(th)n, under or over a Public street,;road.,;:,highway ndgealley ''btkewaysidewalk, hail opath:': SECTION 8. Section 16.12.040 of the Ashland Municipal Code is amended to read: 16.12.040 Permit Applications. A plications for permits to construct telecommunications facilities ivthin ap_ublic;nght, �ofiwayshall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans, specifications and eemputer maps ' , in sufficient detail to A. Odemonstrate: �t'1�. That the facilities will be constructed in accordance with all applicable codes rules and regulation sand that the fa[cilities�will e constructed m accortlanee with the franchise agreement. 82. The location and route of all facilities on or n ftpublic righ*,of, W6to be installed aboveground or on existing utility poles. The location and route of all facilities to be located under the surface of the ground, ' the U all peints len tHe -sULV whid, are within the public n hts of way. Exist ni g facilitie' s shallbe differentiated on-the plans,,from ne_w, eons ruction:, E3. The location of all otapplicants4�existing underground utilities, conduits, ducts, pipes, mains and installations which.are within the public rights of way along the underground route proposed by the applicant. but not within the publie rights of way-. E4. / for proteefion of exwst4ftg w A"typical cross section shall be9proVid`edfshow)ngnew or existing;#acilities n,r"elation to;the�steeet;curb,-sidewalk.or.right of way. The;application ihall also be>accompanied by computer'genei�ated;el`ectFonic Maps,-',.. ttie proposed amstallationsAftia,foemat specified;by;the city°unless0e Page 5—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) applicant demonstrates that the format utilized was developed by the applicant and is proprietary. B ShowtThe location, dimension and types of all trees which$will be substantially trammed, removed`or re lacedwas a esult of the a eas disturbed dunngF construction and whichare within or adjacent to the public rights of way along the route proposed by the applicant, preteetimg, trim The applicant shall's'ubm(tlandscapeplan ySr G .rt satisfactory to;the city,;for the replacement of such trees: SECTION 9. Section 16.12.060 of the Ashland Municipal Code is amended to read: * 16.12.060 Traffic Control Plan. All permit applicaticiis whieh involve work on, in, under, across or along any public rights of way shall be e. en tpleye$ perf&fflf d consistent with the Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. SECTION 10. Section 16.12.070 of the Ashland Municipal Code is amended to read: 16.12.070 Construction Permit Fee. Unless otherwise provided in a lieense 0 franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee equal to $250.00 or sex tenths of one pereent (0.6%) of thee estimated- . t 'hete'eeornmuneeatmem ". eh rte` greaterlin an�amount`to be determined'by resolution of the citytcouncil Notting. m�th� se coon shall requ(rera�telecommun(cat(ons undo pay a permit fee unless�the utlity�is=providing:felecommunicationseniices�m addition�,to exchange access services: SECTION 11. The following section 16.12.075 is added to the Ashland Municipal Code: ^eu:�, < Ursa �-r� -; -^x 't = ' '" uctio^, Section 16 121075 iDimimshed pavementgl(feifee ,Grantee, for any construction regwnng pavement cuts; shallpay toicity an amount to,reimburse city fort he c ' ,, .,c ,1 a pavement�,degfadatio�n and shortened pavement lif&that"results from such cut . Such feessshail be setbyresolution of the city council and shall be basedupon the linear feet 6t the pavemenrcut, the agerof thelpavement when cuttand whether theyexcavatidrnAstWansverse o�relongitudirial ThisRSection shalhnovapply to a,Telecommunication Utility,if uch fee Is detrmnedjto„fallswith nthe restridti6nsof.OR5,22t1`n�15(3j ` SECTION 12. Section 16.12.090 of the Ashland Municipal Code is amended to read: 16.12.090 Construction Schedule. The permittee shall submit a written construction schedule to the Department of Public Works before commencing any work in or about the public rights of way. Aftl e city's`-regiiest, the -' Page 6—AUG. 99 AMENDMENTS. (F:U1SERtPAUUTelecommunications\OrdinanceMashland amend 899 anno.wpd) construction.schedule shall include a best estimate deadline for completion of construction. The schedule<is subject to.approvalfby the,Qi ector of=Public Works. The permittee shall further notify the Department of Public Works not *-=r. ey- -...sa'wx4�s;:mac less than two working days in advance of commencing the rproo ect under the issued ,erm�or any excavation or work in the public rights of way en ativance ot(c "is not possible because gin the permitteeshall give notice within 24 hours of the excavation or work..When feasible, permittee shall contact all other rantees or utilities located within the p I lic,right of way � �t.+l�. "i �r. where construction (s�totoccur T_ hed u o'se of�the contact is to determii e�ifs oint pro ects'aref asibleg ow joint projectj desired to minimize duplication of work and unnecessary excavation. For those g antees or ufiliti s� expressing in Prestain a joint project, permittee shall g've them reasonable notice of i ep` ir ates on w•is ope tre ehi g xis s. Upo u al agre meet, puttee shall make the trenc ilab e' o grantees nd ()ties o installation of condui pedest s'�V a% is later Is, wi es, lines or uip ent. The pa meet for t e cost - trenshI nd ( . taila (on all be s m a ly a ee n ,y t e pa ies. Provided permittee demonstrates a good faith attempt to coordinate, the wiry sh I nit ithhold issuance o an a due to the ab'lity of the permittee and any grantee or utility o agree upon sehe uling of the p_,gject and/or Ce)mbur ement�of costs.as ociated with the pr�o'ect. SECTION 13. Section 16.12.100 of the Ashland Municipal Code is amended to read: 16.12.100 Locates. The'permittee is responsible for becoming familiar with, and understanding the provisions of ORS Chapter 757, governing the location of underground facilities (the "One-Call statutes"). Grantee shall comply with the terms and conditions set forth in the One-Call statutes Every grantee under this tea. �r r � titleyshall�join and m ntamtmerbership, "n the Oregon Utility Notifcat(on wentW antlFia`li comply'with the rules adopted by the center regulating the notif ic ation and mar00 of u derground facilities. SECTION 14. Section 16.12.110 of the Ashland Municipal Code is amended to read: 16.12.110 Compliance with Permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Department of Public Works and its representatives shall be provided access to the work site and such further information t atts not confidential,tsens(tiveorproprigme taryas they may require to ensure compliance with such requirements. SECTION 15. Section 16.12.120 of the Ashland Municipal Code is deleted. 16.12,120 Bisplay of Permit. The permittee shall maintain a eopy of the eemstruction permit and approved plans at the eonstruction site, which shall be or its representatives at all times when construetion work is eeeurrinT. Page 7—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinanoes\ashtand amend 899 anno.wpd) SECTION 16. Section 16.12.130 of the Ashland Municipal Code is deleted. the location of faci ities by depth, line, grade, proxinifty-to-other la-ellitie-8 OF other stamdwd, the permittee shall eause the location of sueh f--ellities to be verified by expense of the Vermittee. 3 SECTION 17. Section 16.12.140 of the Ashland Municipal Code is amended to read: * . .16.12.140 Noncomplying Work.—Upon order of the�Department of Public Works, after reasonable noticeWandRan ogportan �tocurea�has#been g(veriall work which does not comply withhermit, the approved plans and specifications for ,the work, �hefranch`iseagreerrenf'or the requirements of this title, shall be removed at the sole expense of the permittee. SECTION 18. Section 16.12.150 of the Ashland Municipal Code is amended to read: 16.12.150 Completion of Construction. The permittee shall promptly complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work authorized by a permit within city rights of way, including restoration, must be completed within 120 days of the date of issuance unless th`e city engineeragrees to a longeV_ riod. SECTION 19. Section 16.12.160 of the Ashland Municipal Code is deleted: the permittee she!l furnish the eity with two eernplete sets Of rpolffins-8�` -0 set 1:1-1 a as aectirately depieting the location of all telecommunications facilities eemstrueted pursuant to the pernR—. SECTION 20. Sections 16.12.170.A, B and C of the Ashland Municipal Code are amended to read: * A. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights of way, other rights of way or city property, it shall, at its own expense, promptly remove any obstructions and restore such ways or property, to as _� f ._ __ he work was tim near the on I j-''' - ikon as reasonably'Possible unless otherwise directed by the city. B. If weather or other conditions do not permit the complete restoration required by this section, the permittee shall temporarily restore the affected rights of way or property if directed to do,So by the,city engineer. Such temporary restoration shall be at the permittee's sole expense and Page 8—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent, estoration For the purpose of this,subsection, temporary restoraion;means restoingtheproperty toga safe:cond(t(on permitting such use$of the property as was made p for o t�he,�work M.G. itndertaken�Temporary�restoratron tloes,not require paving, land "soaping o'r surfac ng�of a�permaneot nature. C. If the permittee fails to restore rights of way or property, to goad a eondotwon as xis,existed befo � as nears t�he�ong�nal condition as re sonably`poss me,` he ci shall g)vethe ermittee�wntten ¢: notice ands rovidexthe,permittee a reasonable period of imp not z eding 0 days to restore the fights of way •r property. If, after such. notice, the_perm' ee fails fo restore the rights of way orProperty'to as good a CO existed before the work was undertaken, the city shall cause such restoration to be made at the expense of the permittee. SECTION 21. Section 16.12.190 of the Ashland Municipal Code is amended to read: 16.12.190 Construction and Completion Bond. Unless otherwise provided in a fieense-enfranchise agreement, or unless the city otherwise specifically approves an alternative security to assure performance, a performance bond written by a corporate surety acceptable to the city, and authorized to transact business in Oregon, equal to at least 100% of the estimated cost of constructing grantee's telecommunications facilities within the public rights of way of the city shall be deposited before construction is commenced. A. The performance bond shall remain in force until 60 days after substantial completion of the work, as determined in writing by the city, including restoration of public rights of way and other property affected by the construction. B. The performance bond shall guarantee, to the satisfaction pf the city: 1. timely completion of construction; 2. construction in compliance with applicable plans, permits, technical codes and standards; 3. proper location of the facilities as specified 'by the city; 4. restoration of the public rights of way and,other property affected by the construction; and 5. the submission of"as-bu"t" dFawings sfte� eompletion of the work requ red by this fitle, and o timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. Page 9—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashtand amend 899 annompd) SECTION 22. Section 16.12.200 of the Ashland Municipal Code is deleted. 16.12.200 Responsibility of Owner. The owner of the fae"ities to be-eonstftteted and, ef different, the gram'tee, one—responsible for performance of and eornplianee with a" provisions of this ehaptei- lS SECTION 23. Section 16.12.210 of the Ashland Municipal Code is deleted. 16.12,210 ecordination of g-rante-es- affe required to cooperate with the elty 8nd with each other. of their p oposed eonstruction aetivities for that calendar year in, around or that may affect the publie rights of way. public rights ol way annually or as det&-rnined by the eity to sehedule and eoordinate eonstructiom in the public rights of way. 6. A" construction iceations, activities and sehedu'es shall be as ordered by the city engineer, '.- rnimirniff Ve PUWHV All nvolving-overhead eonstrueteen she" also be eeordonated also with the Bepartment of Eleetrie Utilities in order to ensure facilities and spaee are , a'vairabic: SECTION 24. Section 16.16.010 of the Ashland Municipal Code is amended to read: ' 16.16.010 Location of Facilities. All facilities located within the public right of way or utility easements shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a Heense-or franchise agreement: * A. Grantee shall install its telecommunications facilities underground unless the city specifically permits attachments to utili poles or other aboveground facilities;providedf;however; no entity with existing attachments; Itt iiuo ry pole"s shallT ie requiredeto install new,pr existing_ facilitiesundecg[ouridexcept,as;providedin the`foUowirig subsections B. Grantee shall install its telecommunications facilities within an existing underground duct or conduit owned_by_it whenever_surplus capacity exists within such utility facility unless grantee�den ionstrates,,to,;satisfaction=of city that such installation-is hot feasible. * C. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus usable space is available as determined by the Department of Electric Utilities or the:owner ofth&poles. Page 10—AUG. 99 AMENDMENTS. (F:WSERt PAULt Telecommunications\Ordinances tashland amend 899 anno.wpd) D. Whenever any existing electric utilities are located underground within a public right of way of the city, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. Whenever any overhead electric utilities are relocated underground, any grantee with permission to occupy the same public right of way must also relocate underground. E. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the city, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the city and consistent with state law. * F. Whenever new teleeernmunoestions faeffities w*" exhaust the eapseity of a teleeornmunmeatwons earruers or faeulities, the eity may require the grantee to provide additional duets, eemduits, manholes and other faeilities for * OThe city engineer may grant exceptions to some or all of the requirements of this section if the engineer determines, in the engineer's sole discretion, that a waiver is necessary to fulfill the purpose and intent of this title. SECTION 25. Section 16.16.030 of the Ashland Municipal Code is amended to read: 16.16.030 Relocation or Removal of Facilities. Within 60 days following written notice from the city, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for: .. A. The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. * B. The operations of the city or other governmental entity in or upon the public rights of way unlesssuch city operatienstare exclusively foritsr_ telecommumcaborisrpurposes or cable services which;comp%te,wtth*other telecommunicationscarriers��or�cable senrv'icgs * Notwithstanding the 60 day limit, a grantee shall, at its own no expense t6the city, relocate overhead facilities within 30 days following written notice from the Electric Utilities Department that the city or a:joint pole owner has space on poles for such purpose. Page 11 —AUG. 99 AMENDMENTS. (F:tUSERTAUL1Telecommunications%Ordinancestashland amend 899 anno.wpd) * The 30 or 60 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. > The city shallinot req u)re agranfee two rre dove or rel6cate4its faalifies or vacate any sheet, all eyoroothe�pubinchghwayne dentaf.to°an'ypubhc�housmgor__ , renewal project=under QRSIChapters 456,°or 457.without reserving,a grantees nghtttherem or without requirrng a grantee to be eompensa_ted.for the costs thereof: SECTION 26. Section 16.16.040 of the Ashland Municipal Code is amended to read: 16.16.040 Removal of Unauthorized Facilities. Within 30 days following written , notice from the city, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights of way of the city shall, at its own expense, remove such facilities or appurtenances from the public rights of way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: * A. One year after the expiration or termination of the grantee's telecommunications Been eorfranchise unless the grabtee'has timely,. fled for; and is actively and�expedittouslypursumg,,a franchise renewal:? B. Upon abandonment of a facility within the public rights of way of the city. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs, if3lietfaility6iis �., excess capacityof,acurrient�grantee who' s not in default, if the facility is being replaced or if the facility has been disconnected because the building or property being served is vacant. C. If the system or facility was constructed or installed without the prior grant of a telecommunications lieense-aFfranchise. D. If the system or facility was constructed or installed without the prior issuance of a required construction permit. E. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications iieense-eyfranchise. F. If the system interferes with or adversely affects existing telecommunication facilities. The 30 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. Page 12—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) If all the facilities and appurtenances are not removed within one year after the termination or expiration of the franchise or license or such further time as may be granted by the city, they shall be forfeited to the city. The city may notify the grantee, carrier or other person described above that it waives forfeiture and may compel removal from the public right of way and restoration of the right of way and may maintain court suit to require such removal and restoration by the grantee, carrier or other person or the payment of the cost thereof by the grantee, carrier or other person. SECTION 27. Chapter 16.20 of the Ashland Municipal Code is amended to read in its entirety as follows: Chapter 16.20 Telecommunications Beense of ranchise Sections: 16.20.0118 Tel Heense 16.20.020 Telecommunications Franchise 16.20.030 Application 16.20.040 Application and Review Fee 16.20.050 Determination by the city 16.20.060 Rights Granted 16.20.070 Term of Grant 16.20.080 License Route 16.20.090 Franchise Territory 116.20.100 Gempensation to eity 16.20.110 Amendment of Grant 16.20.120 Renewal Applications 16.20.130 Renewal Determinations 16.20.140 Obligation to Cure As a Condition of Renewal 16.20.150 Assignments or Transfers of Grant, Notice to city 16.20.170 Revocation or Termination of GrantF ancijl'# 16.20.180 Notice and Duty to Cure 16.20.190 Public Hearing 16.20.200 Standards for Revocation or Lesser Sanctions 16.20.210 Other City Costs of way of the eity idembfied by th 16.20.020 Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the city based on geographie areas within the eipy. Page 13—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telewmmunications\Ordinanceslashland amend B99 annompd) 16.20.030 Application. Any person that desires a telecommunications fieense-or franchise pursuant to this chapter shall file an application with the Finance Department s which shall include the following information: A. The identity of the applicant, business in the State of Oregon. B. A description of the telecommunications services that are or will to be offered or provided by the applicant over its telecommunications facilities within the city. C. used by the applieant to offer or provide t--leeornmumicateens services witl��. R Preliminary engineering plans, specifications and a network map of the facilities to be located within the public rights of way in theslci , including _ copies in computerized format spec fed by the city (uriless,ttie�a can demoris66tes that the format'utilized was developedbby,theappllcant and, is prop_rietary,)',fand all in sufficient detail to identify. . the location and route requested for applicant's proposed telecommunications facilities; 2. the location of a" aboveground and underground publie utility, facilities On the public rights of W�y BIOM6 the proposed ratite� 3. the leeation(s), 11'any, '.-r Interco,it ectio -0-ithitlIeLeleeern itin cations Ille trees, struet -facilities and obstructions, any, that applicant preposes-t����� , refoeate. * ED. If applicant is proposing to install aboveground facilities, to the extent that tHey the applicant will be using utility poles, evidence from the Electric Utilities Department or`pole owner°,that surplus usabI6,%space is available for locating the applicant's telecommunications facilities on existing utility poles along the proposed route; and if surplus u§able;space is not available in some or all service areas, an indication of these locations and a "make ready" schedule for completion. FE. If the applicant is proposing an underground installation in existing ducts or conduits within the public rights of way, provide information in sufficient detail to identify: 1. the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; Page 14—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) 4 2. the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. 6F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public rights of way: 1. the location proposed for the new ducts or conduits; 2. the excess capacity that will exist in such ducts or conduits after the installation of applicant's telecommunications facilities. ++G. A preliminary construction schedule and completion date. qualifiesti and expertise regarding the telecornmunieation facilities and �er�vees deseribed in the app"eafien. KH_. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed. L. Whether the applaeant intends to provide eable serviee, video dial tone Mi. An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease. make available to the euty and other publie, eduestional and govemmerm The area or areas of the eity the applicant d6sires to serve and-a-sehedtfle for bui'd-out to the entire ftanehis�. institutierrs- Page 15—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend s99 anno.wpd) 16.20.040 Application and Review Fee. A. Any applicant for a fieense-or-franchise pursuant to this chapter shall pay an application and review fee in an amount to be determined by resolution of the city council. This section,shall not apply to,a telecommunication utility which prow desonly__local exchangq access':, B. The application and review fee shall be deposited with the city as part of the application filed pursuant to section 16.20.030. 16.20.050 Determination by the city. The city shall issue a written determination granting or denying the application in whole or in part, belavv."If the application is denied, the written determination shall include the reasons for denial. The standards to be applied by eity are. A. The fin&nema' and teehnical ability of the applicant. B. The legal abil of the applicant. 0. The eaptseity of the public rights of way to accornmodate the applicant's proposed facilities_ D. The eapaeity of the publie rights of way to aecornmedate additional utility and telecorrimun,eetwens fae*"tees if the license is granted. E. The darriage or disruption, if any, of publie or private faeilitie&, ients—, tefvtee—, trt ig if the lieemse or franchise F. The public interest in minimizing the cost and disruption of eenstruction witl�in the public rights of way. 1� ��l V 0 ee that applieant will provide to the eorrimunity and.region. The effeet, if any, on publie health, sa" mid welfare Of the ii eense or franehise is granted. The availability of alternate retites or Iaeation�for the proposed faeflities. d. App'oeab'e federal and state telecomrntinications laws, regulatiorts and K. Stich offier factors as may demonstrate that the grant to use the publi.r rights of way well serve the cornmunity interest. 16.20.060 Rights Granted. No fieense-or-franchise granted under this chapter shall convey any right, title or interest in the public rights of way, but shall be deemed a grant —5 Page 16—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\eshland amend 899 anno.wpd) r , to use and occupy the public rights of way for the limited purposes and term,and upon the conditions stated in the +ieense oragreement. Further, no Ineemse or franchise s be eonstrued as any warranty of tWe-. 16.20.070 Term of Grant. Unless otherwise specified in a lieense-erfranchise agreement, a telecommunications lieense-orfranchise granted under this title shall be in effect for a term of five years. 16.20.080 Heense Route. A telecomrntmleatmons 'ieense granted tinder this chapter shall be 'mrn'ted to a grant to tise speeifie publie rights of way and defined portions of the may. 16.20.090 Franchise Territory. A-mess otFiervviseaspecifed (naifcanctiiseagreem nt1, telecommunications franchise granted under this chapter shall be limited to the specific geographic area of the city to be served by the franchise grantee, and the public rights of way necessary to serve such areas. paid.* 16.20.1 OE) Gompensation to eity. Eaeh lieense and franchise granted under this ehapter as subjeet to the eity's right, whieh is expressly reserved, to annually fix a and reasomable cernpensation to be paid for the privileges granted, provided, nothi be 16.20.110 Amendment of Grant. Conditions for amending a heense-orfranchise: * A. A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the city which are not included In a license franchise previously granted under this title a In ess the, ranfee h s alreatly"Fre'eetvedaa1francFrise tokoccupy,public nghtst'of way 64allcareas�of B. If ordered by the city to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted iieense ar franchise, the city shall grant an amendment without further application. A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a+ieerise of franchise previously granted under this title. 16.20.120 Renewal Applications. A grantee that desires t6 renew its fieense 0 franchise under this chapter shall, not less than 90 days before expiration of the current agreement, file an application with the city for renewal of its iieense of franchise which shall include the following information: Page 17—AUG. 99 AMENDMENTS. (F:\USERtPAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) r , 1 A. The information required pursuant to section 16.20.030 that has not previously been provided to the city in connection with grantee's existing ^'? franchise agreement. B. Any information required pursuant to the fieense-eFfranchise agreement between the city and the grantee. * 16.20.130 Renewal Determinations. Within 90 days after receiving a complete application under section 16.20.120, the city shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. A. The financial and�­`nleal abiliLy B. The legal ability of the applieant. C. The contiritting eapacity of the publie rights of way to aecornmodate the — D—The applicant's compliance with the requirements of this title and the iieense et franchise agreement. EB. Applicable federal, state and local telecommunications laws, rules and policies. F. Gueh other feetors as may demonstrate ti-ast the eontinued grant to use the publie rights of way will serve 16.20.140 Obligation to Cure As a Condition of Renewal. No fieense-ar-franchise shall be renewed until any ongoing violations or defaults in the grantee's performance of the agreement, or of the requirements of this title, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city. 16.20.150 Assignments or Transfers of Grant, Notice to city. * A. Grantee shall notify the city quarterly of the sale or lease ofAhe-eapaeity, -My oLl-e bandwidth, lit fiber, dark fiber or switel is 9 servieeS 1.1 le transaetion is not required, so Ululy responsible B. Ownership or control of a majority interest in a telecommunications system, icense or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act Page 18—AUG. 99 AMENDMENTS. (F:t USER\PAUL\Telecommunications tOrdinanmstashland amend 899 annompd) of the grantee, by operation of law or otherwise, without the prior consent of the city, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. 1. Grantee and the proposed assignee or transferee of the grant francli_se,`orsystem shall provide and certify the following nforrnafion to the eity not less tham 120 al ays prior to the proposed Jade of transfer! a. Gemplete information setting forth the nature, terms and e6ndition of the proposed transfer or as-'- b. A" information required of a teleeom�;:e;ii;s 'weense or proposed tramsferee or assigne T44gree;,in , w lntlnt ng,.toaassume:ahtiide by,.all of,the proVislons of the fra chisel 2. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this title:, 3. Unless otherwise provided in a fieense-ar-franchise agreement, the grantee shall reimburse the city for all direct and indirect fees, costs, and expenses reasonably incurred by the city in considering a request to transfer or assign a telecommunications fieense ar franchise. 4. Any transfer or assignment of a telecommunications grant Owi si e, system or integral part of a system without prior approval of the city under this section or pursuant to a heenst ar-franchise agreement shall be void and is cause for revocation of the grant. eollectively result on a ehange of ten pereent or more of the ownership or working im cense or franeWse, of the owmership or working eantrol of affiliated entities having ownership or working eontrel of the grantee or Of a teleeernmunieations systerri, or of substantial parts of sueh eapseity or baridwidth, shall be eonsidered an assignenneent Or transfer requiring eity a prove' pursuant to seetion 16.20.15E). Transaetions-between 16.20.170 Revocation or Termination of Grant-Franchise. A4ie�franchise to use or occupy public rights of way of the city may be revoked for the following reasons: Page 19—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) A. Construction or operation in the city or in the public rights of way of the city without a fie�franchise grant of authorization. T? B. Construction or operation at an unauthorized location. C. Unauthorized substantial transfer of eontro' of the grantee. B. _ ' _ _ Lful,lau V, .;Failure'tocomp_ly:wiith section.with°respect to sale, transferor assignment of a telecommunications system or franchise; E. Unauthorized sale, assignment or transfer of grantee's franehise 0 eense assets, or a substantial interest in 'he '11 aanehiosue 01- 11. FD. Misrepresentation y or on behalf of a grantee in any application to the city. GE. Abandonment of telecommunications facilities in the public rights of way. fiF. Failure to relocate or remove facilities as required in this title. * +G. Willful or`coritlncled kailure to pay taxes, compensation, fees or costs when and as due the city unless subiect.to.a bona fide dispute. dF . Insolvency or bankruptcy of the grantee. KI. Violation of a material provision of this title. 0. Violation of a material term of a;;eense- franchise agreement.. * 16.20.180 Notice and Duty to Cure I?ursuanf tobsection 16_20:_7,0,fn in;%the event that the city believes'that grounds exist for revocation of a fieense or franchise, the city shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance. B. That rebuts the alleged violation or noncompliance. C. That it would be in the public interest to impose some penalty or sanction less than revocation. 16.20.190 Public Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the city as provided in section 16.20.180, the city administrator shall refer the apparent violation or non-compliance to the city council. Page 20—AUG. 99 AMENDMENTS. (F:\USER\PAUL1 Telecommunications\Ordinances tashtand amend 899 annompd) The city council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. 16.20.200 Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this title, or of a franchise of iicense—agreement, the city council shall determine whether to revoke the license ar franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: A. Whether the misconduct was egregious. B. Whether substantial harm resulted. C. Whether the violation was intentional. D. Whether there is a history of prior violations of the same or other requirements. E. Whether there is a history of overall compliance. F. Whether the violation was voluntarily disclosed, admitted or cured. 16.20.210 Other City Costs. All grantees shall, within 30 days after written demand, reimburse the city for all direct and indirect costs and expenses incurred by the city in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement. SECTION 28. Section 16.24.010 of the Ashland Municipal Code is amended to read: * 16.24.010 Facilities. Each grantee shall provide the city with an accurate map or maps certifying the location of all telecommunications facilities within the public rights of way. Each grantee shall provide updated maps annually tncclluding copies in computerized�eddfformmat specified the ty'(ynles tt' r,`antee demonstrates tFatrtheeformatutilized was deyelopedrby the aPplicant�and )5 proprietary)~ SECTION 29. Section 16.24.020 of the Ashland Municipal Code is amended to read: f * 16.24.020. Damage to Grantee's Facilities. Unless directly and proximately caused by willful, intentional; or malicious o negl dRacts by the city, the city shall not be liable for any damage to or loss of any telecommunications facility within the public rights of way of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights of way by or on behalf of the city, or for any consequential losses resulting directly or indirectly from such work. Page 21 —AUG. 99 AMENDMENTS. (F:\USER\PAUL%Telecommunications%Ordinances\ashland amend 899 annompd) SECTION 30. Section 16.24.040 of the Ashland Municipal Code is deleted: 16.24.040 Nondiscrimination. A"Mee shall make teleconinnutrikeatoons --i*19,n 4q 16f..Pn 48.mehise area who shall serviees available to any eusterner MAP m- 1-811-13-1 Fecluest such service, without discrii-nination as to ti-e-teffns-,-conditions, rates of r_ SECTION 31. Section 16.24.050 of the Ashland Municipal Code is deleted. y subject to any of ' OPILIGIGrantee between the eitr-e��- SECTION 32. Section 16.24.060 of the Ashland Municipal Code is amended to read: 16.24.060 Compensation for City Property. If any right is granted, by_.lease,_, . license. franchise or other manner, to use and occupy city property not located tom^ . c" x .- wdhinra�publid4i ht ofFway for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the city. SECTION 33. Section 16.24.070 of the Ashland Municipal Code is amended to read: 16.24.070 Franchise _-ART-Fees. As'compensation for the benefits and privileges under its franchise oHincense-and in consideration of permission to use the right-of-way of the city, the grantee shall pay a quarterly franchise fee to the city, through the duration of its franchise, as follows: A. The minimum quarterly franchise fee shall be set by resolution of the council. B ifhefrarichlse fee:for a}telecommunitton,utilkty shall.equalt:7% of K! r i W., ° its gross revenue ornexchange'access servlcesaearned within the boun'darie`sofxthe city In addition, a telecommunication utllltyshall pay the Peen the lowing,paragraph onktelecorrimunications serv(ces_ which are not'locahexchang` access services C. Except'fo`r limifdd use telecomrriunication`grantees;*Tthe franchise fee shall equal a percent of the grantee's gross revenues derived from grantee's provision of telecommunications services and telecommunications facilities to retail customers and one percent (1%) on all other gross revenues derived from grantee's provision Page 22—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 annompd) of telecommunications services and telecommunications facilities to wholesale customers, including,other telecommunications carriers Jf to merWor carriers,are also teleco`mrnunication rn ffiS�u n e�this title If suchcustoniers ot,carfiers aretnog then the franch)seyfee shall equal the fee for retail customers. The amount of the percent .or retail customers shall be set by resolution of the council. t tea= be A'limited use telecommurncat)on grantee slia`l.ltpay a fee based on the number of linear feet of right of way used.�A limited use telecommunication grantee is defined as one whose franchise limits the amount of linear feet held rantee may occupy or one who has a franet 'se s of®ctober 1=998 for the purpose o long istartce el eomm n'cations: the fee �er linear foot shalt be set. by. resolufio of the council. The annual franchise fee collectable from a telecommunications utility shall not exceed the maximum amount under Oregon Law. The city shall accept from a telecommunications utility, in full payment of the franchise fee, the maximum amount allowed under Oregon law. On request, the telecommunications utility must provide documentation to support its calculation. BE. Grantee shall be "providing" telecommunications services or facilities if it sells, leases, resells, or otherwise conveys such services or facilities for consideration. EE• A grantee providing resold telecommunications services or facilities shall be entitled to a credit against its franchise fee for an amount equal to a percentage of the price paid for such services or facilities at wholesale. Such percentage shall be set by resolution of the council. FG; So long as`it r g)sters,wath the�city�as requ(r d in c apter 16.U8 a �d pays'the fees req for gr�`a tt es set orth isgs bseetions A and B abo e, a rese �e may use another person's facil)ties to engage in to ecommun)catwns activities (nthnght ofway withou obtaining a franc ise, providing the-reseller doesnot, either )tself orthrough an affiliate,'own or leasecolor, maria�ge a�nyrfacllities in the right- ofaand is not involved anconstructian or,repaii of facilities in the rig way For LOU rposespof'calculat�ng the feesato be paid by a reseller, the amourit o�frcompensatiomllpaid byetFiet eseller tofthe owner ormanager.offacilities,in the ngh Hof=way for the services it resells shallOeYdeducted,fromA. reseller's;gross~reve�nues before applying theapercentagerates•described insubsectiorifC=above. Page 23—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinancestashland amend 899 anno.wpd) GH'. Payment shall be made by each April 25, July 25, October 25 and January 25 for the quarter just ended. Any grantee who fails to remit any fee imposed by this chapter within 30 days of the date it is due, shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the fee from the date on which the remittance first became due until paid. SECTION 34. The paragraph following section 16.24.100.D of the Ashland Municipal Code is amended to read: The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications lieense-e>-franchise, and such other period of time during which the grantee is operating without a franchise or license, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "This policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, of a written notice addressed to the city's risk manager of such intent to cancel or not to renew." SECTION 35. Section 16.24.110 of the Ashland Municipal Code is amended to read: 16.24.110 General Indemnification. Each heense-err-franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this title or by a grant agreement made or entered into pursuant to this title. SECTION 36. Section 16.24.120 of the Ashland Municipal Code is amended to read 16.24.120 Performance Surety. Unless the city otherwise specifically approves an alternative security to assure performance, before a license o franchise granted pursuant to this title is effective, the grantee shall provide and maintain a performance bond, in form and substance acceptable to the city, as security for the full and complete performance of this title, including any costs, expenses, damages or loss the city pays or incurs because of any failure attributable to the — Page 24—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinanoestashland amend 899 anno.wpd) grantee to comply with the codes, ordinances, rules, regulations or permits of the city. SECTION 37. The following chapter 16.26 is added to Title 16 of the Ashland Municipal Code: Chapter 16x26 CyABLELFRA C-Al E E(i REMELTS Sections 6. A 0 Grant of Frarichis�e 6= 64020 Franchise Requir"eq! 626.030 t.engt o F 16 26.0 0 Cable Franchise C�h�aracten�°`�s°tics (�6 26.050 Gable Franchisee Subject o ©ther I. ws, P olicelPowers.� 26.060 Operation,of a Cable System Without a Franchise` 1 26.010fGrant of Franchiser,; A. The"cityrmay grant one or more sable television franchises,containing such ro p visions as,a�e r' easona ly necessa `to protect the public interest`�and each swch franc is shalljbe awareel inaccordance with an subject to the provisions of this h Ater. +;, , r v This`chapter may be amended from time to time,Aand in no,event shall this . chapter a considered a contract between the city and a franchisee such that the city , . vi would be prohibited from amending any prov'sion o his_cha�;�provitled no such amendment shall in any way impair any contract nght or increaseobligations of a � F f f�anchisede�aan outstandmd effective fr�anchise�except m the�lauvful exercise.of, the.,city's policeiQowe[, °*F-r� as.:.tA ,' = yY' >< p"`W4A� Y 43'x..( %/.k C This'chapter s all begin addition to the req irements of Title 16,that are. xa=_iarca specifically;made ap livable to sable enrieelas provided in sect oln16 04;025. In the event of a conflibetween thischapter and3other requ_"ir�ement"sofTitle,1,6,ahis chapter shall.control 1626-,020 F a chi"eRequ�ed A Notperson may�construct operate or maintain a cable sysfemrorlp�rovide cable service over a cable system w t in the citywithoutjalfranchise grantedtby the city�authonziing such activity�°+Noaperso'n may betg an4ed^a franchise without having entered into a franchise agreement it 't city pursuant to.this chapter. Foh'e purpose'gf this>provision, the,operatiiin of part or•all ofaacable°systemswithinthecity:means the:use or occupancy of rights B. To the extent permitted'by law, a'telecommunications utility, as,d': ned"by statelaw, whichAilizes,its.system to provide cable service shall be subject.to'this chapter-and shall require,a cable,franchise under this clapte G;: m , , - ,_ C Services similar to cable service, such as open viiieo system service;�shall I N be sublectato this chapter to the extent provided bylaw. D: Ass stem3shall.not be deemed as o eratin wit n4he cl eventhou'h r y � P g tYs., servicexis offered or rendered to one or more sub"scnbers'within}the°cltyif no right-of-way is used or occupied. All cable franchises granted pursuant to this chapter shall contain substantially similar terms and conditions,- which, taken as a who a and considering r levant characteristics of the applicants, do not provide more or less favorable terms and conditions than those re uired of other cable franc isees. 163260030 Length of Franchise. llniess otherwise specifieMyWears. anchise, ho, cable franchise shalVbe grayed�for a period of more than 1;62604.0 Cable Franch_if eC•�tiaracter(sties AA A cable franchise authorizes use of rights of-way for installing, operating and maintaining cables, wires, lines, optical IM ber, underground conduit and other devices necessarq and ppurtenant to the operation'of a cable system to provide cable services within the city, but does not expressly or implicitly authorize a franchisee to provide service to, or install wcable system_on private property without o ner consent, or to use publicly oe pn v�ate y owned poles, duets or conduits without aseparate ag eement with the,Pole owner. i y -t..m:.n .• r'i ..r-"�.:+.# .h �%«�::.w ,..: s.cA*..�"T s*. :vs$6:i#TG..�:i,=gats A oablerfranchise shall not mean or include any"exclusive rigacting and carrying on a business'within the generally required by the laws of the ¢ity. A cable franchise confer any author to provide telecommunications ervices or any othher COMMunications services besides cable services and a separate franchAise shall I required for the provision of telecommunications services in addition to the cable franchise. A franchise shall not confer any implicit rightsotherthan,those mandated_by.federal,state or local laws f Acablefranchise Istnonexclusive and will not expltcltorimpllcitly: precludethe ssuance off other franchises to'operate cable systems within theya „`•affect the c( s nht to authonzeuse o rightsof way by other tY ,=ry . g persons to oOerate cableaystems or forother purposes as it determines appropriate. D. Once`a cable'franchise Eras°been accepted grid'executed>by the city and a franchisee, such 'cable franchise shall mnstitute,er valid`and enforceable Page 26—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) t= laws as they appli r.7--tees under SECTION 5. Section 16.08.020 of the Ashland Municipal Code is amended to read: 16.08.020 Registration Required. Except as provided in section 16.08.040, all telecommunications carriers having telecommunications facilities within the corporate limits of the city, and all telecommunications carriers that offer or provide telecommunications service to customer premises within the city, shall register with the city purstiant to this chapter on forms the The apljppnate amp atin and iIc�en a from' PC }theOPUCy or b,) fFie'FCC,quahfyyjjas necessary stratlo rriformation' Appllants'also haveRthetoptoon=ofproviding the following' : . - mformatlon: A. The identity and legal status of the registrant, including any affiliates. B—.i<f.he name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. E B. A description of the registrant's existin or ro osed telecommunications fac�ilitiess within the�clty sa d`escnption o ahe telecomrn�unieations facilit es thatzthe.registrant=mtendsao construct and a . — B. ; description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city. E. 'riformatoon suffleient to determine whether the registrant is subjeet to publie right of way lieensirtg or franchising­i:inderthis title_. FC. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any x _ UMhess II"�0 ffls pr_quirements A copy_of the le tius(n salicenseo,-r.;licensernornbersmust�be:provldecl� G. Wormatoon suffieffient to determine that the appoliestrit has appfied-fof7arid "s --ptie(f4of-and required by the F66 to havelLelecorrimuniestions faseilities with' Lhe efty. Page 3—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) list the __ number. ' 'T d. Stich other information as the eity may reasonably require. SECTION 6. Section 16.08.040 of the Ashland Municipal Code is amended to read: 16.08.040 Exceptions to Registration. The following telecommunications carriers are excepted from registration: * A. Telecommunications carriers that are owned and operated ex luc sivelyjjor its own use by the state or apolitical subdivision of this state and provide telecommunications services for govemment all ou oses one ,: B. A private telecommunications network, provided that such network does not use or occupy any public rights of way of the city or other rights of vvay within the-eity. ri u pr � C` Tele'co mmun(cations carriers that'are grantees under a _ telecomm nicaf ons franchise with the city or p evious grantees thatYhavd t)mely filed=for; and are actively and expeditiously pursuing, a ranehise �e e- aVfj SECTION 7. Section 16.12.030 of the Ashland Municipal Code is amended to read: * 16.12.030 Construction Permits. No person shall construct or install any telecommunications facilities within 71 77 of way in he city with first- obtaining a construction pemtit, provided,—havvever and paying the construction peiimt fee establREMd in i ectio;: 6 1 070' A. teleeornintmweatiems faeolities within the eity unless the * B. No permit shall be issued for the construction or installation of telecommunications facilities in the public rights of way unless the telecommunications carrier has firsVapplied fo'*r and received a+eense-ar franchise pursntto chapter 16 20 or pre5tous grantees that have timely fled for;:=and are actively andwezpedltiously Qursumg; afrariehlse renewali 6. No Permit sha" be issued for the eenstruetoon or of fee estabfthed4n-seetiom 16412-8, 8- Page 4—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunica lions\Ordinances\ashland amend 899 anno.wpd) B No permit shall;be':necessary:for the installation of:a'customerspecific Wire ("a drop'1 by afranchise grantee-where nofezcavation within the right of way occurs. u C N "r,E a:`I ""z- ZFC,Mwffm....+4 otperm)t�shall be necessaryforkthens�tallat)on of telecommun(cat)on facfieswith na ut)li easemnttFiat�is,no othe ise w)thin, nder ors over a;publ)cstreet, road;;highway,;;badge; alley bikeway;sidewalk;<frail or path`" SECTION 8. Section 16.12.040 of the Ashland Municipal Code is amended to read: 16.12.040 Permit Applications. Applications for permits to construct telecommunications facilities nLnthin a public ri ht of a shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans, specifications and eemputer maps On a format specified by the eity, in sufficient detail to Ademonstrate: .at with all 1. That the facilities will be constructed in accordance w applicable codes, rules and regulations and that the facilitie�wi1F e constructed )nna_ccocdance+with the franchise a reemt. * 62. The location and route of all facilities on &r­"7`.. e u61ic n htsof, wto be installed aboveground or on existing utility poles. The location and route of all facilities to be located under the surface of the ground, ineludimg the lime and grade proposed for the burial a Oil within the ubl)c ri hts of way. E stag cildies haly'r°1 bel Wfferentiated on,fhe plans:from:new construction:% E3. The location of all ij appl)ca L,_,'existing underground utilities, conduits, ducts, pipes, mains and installations which,are within the public rights of way along the underground route proposed by the applicant. D. The 'oeation of a'! other facilities to be construeteud wit, n the eity, but not within the publie righ of way. E4 �A Y ' * . el-!4 !Q�IIILIUO VVILI III. VI >yghtsrosy Aitypcal cross sectionw hall be>providetl showing new or existing facilities=in re.iation,to.tfie_street;ourb sidewalk.or,right of way. The appliceitiomshall also be''ageompanied by computer generated!dliBctronic ro sn fom the cmashe?ppsed) salainat e y_ ity%:unlessthe Page 5—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) applicant demonstrates that the'forrriat utilized was'developed by the applicant and is proprietary. s * B �Sh*w tThe low cation, dimension and types of all trees which will:tie substantially tnmmetl,_removed or replaced asaresult of the areas disturb"etl c dunngconstr„�uc_tion:and�whicfi,�are within or adjacent to the public rights of way along the route proposed by the applicant, _ The applicant shall submit a landscape KRIan satisfactory to the city,for the repflaceme t of suckiRtrees I it SECTION 9. Section 16.12.060 of the Ashland Municipal Code is amended to read: 16.12.060 Traffic Control Plan. All permit applaeations which imvelve work on, in, under, across or along any public rights of way shall be empieyed-r pei orom7 d.'consistent with he Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. SECTION 10. Section 16.12.070 of the Ashland Municipal Code is amended to read: * 16.12.070 Construction Permit Fee. Unless otherwise provided in a license of franchise agreement, prior to issuance of a construction permit, the applicant shall pay a permit fee eqtial to $250.00 or swx tenths of on"eFeent of the m r = te . . . a greater in an amount;to be determined by resolution of the city counci .'Nothing ihMfiis sec in shat require andimommunicafions utility top y a permit fee kr, unles`stthe utility�is providmgae communication services in addition to exchange ,. access seNiGeS; SECTION 11. The following section 16.12.075 is added to the Ashland Municipal Code: Section"1.6.10.015 Dims`n shed;'i avement Ides&; antee, for any construction requiring;pavementcutsshallpay to city anam unt to=reimburse city forthe pavementdegfadation'and shortened pavementlifeitliat results fr m such cuts. Such fees shall betlby reolution of the city cowl and all be basedupon the Ilnear feetIof the pavement cut, theage of the pavement when,.cut Viand__ , whether�rthe�xexcavationais trans lltnot apply to-a Telecommunication Utihty;if such"fee is determined'to fallswithjn°tlie restriction ?ofTORS°22k1 5x15(3): SECTION 12. Section 16.12.090 of the Ashland Municipal Code is amended to read: * 16.12.090 Construction Schedule. The permittee shall submit a written construction schedule to the Department of Public Works before commencing i any work in or about the public rights of way. At the'cityls"request;the - ' Page 6—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telerommunlcatlons\Ordinances\ashland amend 899 anno.wpd) s r s construction.schedule shall Include a b6tfestlmate deadline-for-,completion of construction. The schedule is•subject to approval"by the-3Director of Public Works. The permittee shall further notify the Department of Public Works not less than two working days in advance of commenang t hefprotect under Elie Issued permit for'anp excavation or work in the ubllc ri hts of wa . e advance notice snot po s'ble use ofan emergency, t e permitt a shall glue riot)ce with n 24hours of the excavation or work. When f asible, permittee shall contact all other grantees o[ utilities located within the public right of way__ where construction is,tooecurThefpurpo'se oftthe contact is to determl e,lf joint if desired to minimize prolectsjarefeaslble' If IL F1 VJVULO duplication of work and unnecessary excavation. For those fir ntees or utilities . ,: : ., expressing interest;in a joint project pe ittee hall g've the reasonab a notice o'�f th�'eparficular ates •n whie ope tre eh g e 'sts. Upo a ual afire ent, permittee s II make a tree a ble o m ees and i ieS fo ins of conduit pedesta s vaults laterals, wires, li es or quip ent. he payment for t e cost of r'ncng n i stall ions all be as mutually agree to by the parties. ovided permittee. demonstrates a good fa' h attempt to coordinate, the amity hall not withhold issuance of an permit due to the inability o the permittee a d any grantee,or utility to agree upon c e u ing of he project and/or re�imburseme;t";of.costs associated it th r�ject.. SECTION 13. Section 16.12.100 of the Ashland Municipal Code is amended to read: 16.12.100 Locates. The permittee is responsible for becoming familiar with, and understanding the provisions of ORS Chapter 757, governing the location of underground facilities (the "One-Call statutes"). Grantee shall comply with the* . terms and conditions set forth in the One-Call statutes. Every gran ee under,this title shall�toin atdsriiantain'' em6ershi the Orego lJtili o ification Center andvshalcomp y wit the rules adopted b 'the cent r reg lating the notification SLtd :4Y W srE {+CiIT andrmarkingofgundergcound._acilitiea SECTION 14. Section 16.12.110 of the Ashland Municipal Code is amended to read: * 16.12.110 Compliance with Permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Department of Public Works and its representatives shall be provided access to the work site and such further information that is not confdenfial, sensitive or�p opnetROas they may require to ensure compliance with such requirements. SECTION 15. Section 16.12.120 of the Ashland Municipal Code is deleted. 16.12.120 Display of Perrnit. The permittee sha I -.1-taintain a Copy Of the construetion permit and approved plans at the eonstruction site, whiel�� displayed and made available-I Or inspect tion by the Bepartnient of Publie Works or its representatives at all tirnes when eemstructioii work is ceetirr Page 7—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 annompd) SECTION 16. Section 16.12.130 of the Ashland Municipal Code is deleted. 6.12.130 Survey of Underground Facilities. If the-ccns"Mucti�n permilt specir-1 � the leeatiam of facilities by depth, line, grade, proximity to other facilities or othe standard, the permittee shall cause the location of such facilities to be Verified by a registered Oregon 'and surveyor. The permittee shall relocate any feeilitie-s which are not leeate-I in compliance with permit requiFerneMS at L11 80le expemse of the permittee. SECTION 17. Section 16.12.140 of the Ashland Municipal Code is amended to read: 16.12.140 Noncompl in Work. Upon order of the Department of Public Works, after reasoriab elel notiand a`n ogportu i fo cure has been givenall work which does not com ly with the permit, the approved plans and specifications for the work, h e franchis a&agreement or the requirements of this title, shall be removed at the sole expense of the permittee. SECTION 18. Section 16.12.150 of the Ashland Municipal Code is amended to read: 16.12.150 Completion of Construction. The permittee shall,promptly complete all construction activities so as to minimize disruption of the city rights of way and other public and private property. All construction work authorized by a permit within city rights of way, including restoration,.must be completed,within 120 days of the date of issuance unless"tfie city engmee -agrees o a noge�`perid.t SECTION 19. Section 16.12.160 of the Ashland Municipal Code is deleted: 16.12.160 As Bthlt Drawings. Withim 60 days after completion of construction, the permittee shall furnish the eity with two complete sets of plans and a set in a computerized format specified by the city, drawn to scale and certified to the city constructed purstiaht to the pern*7 SECTION 20. Sections 16.12.170.A, B and C of the Ashland Municipal Code are amended to read: * A. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights of way, other rights of way or city property, it shall, at its own expense, promptly remove any obstructions and restore such ways or property to as ---' t __ _ m 'near the origirrial condition as reasonably,poss)lile unless otherwise directed by the city. B. If weather or other conditions do not permit the complete restoration required by this section, the permittee_shall temporarily restore the affected rights of way or property if directe,d`to do�so by the',city engiheer. Such temporary restoration shall be at the permittee's sole expense and Page 8—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. For the purpose of this subsection, tempora �resto��ra'trio,*n�means restoeing3the}propertyifo a safeicond(tlori ermrttingksuch,us,,,e oftthe pr�op�,e��as was made prior o the=work be�n,�g undertaken��T�emporary�r�estora�o�n=;does.not re uirg�pa mg;�landscapmg ors urfacing�of a�permarient�nature; C. If the permittee fails to restore rights of way or property to as goad a eendItion as existed before the work was rs$n °a""Lth rginal cond(t reasgnably:poss'ble the city shall ivefhe ermlttee wntten noticesand rovlde the permittee areasonable period o ime not e eci'rr� �0 tlays ore tore a 'ghts of ayor p op . IT afters no ice the permittee fails ore tore the rig is f way or property o as good a condition as ezis ed before the work w at 1.111 a aken the'cityhall cause such restoration to be made at the expense of the permittee. SECTION 21. Section 16.12.190 of the Ashland Municipal Code is amended to read: 16.12.190 Construction and Completion Bond. Unless otherwise provided in a fieense-of"franchise agreement, or unless the city otherwise specifically approves' an alternative security to assure performance, a performance bond written by a corporate surety acceptable to the city, and authorized to transact business in Oregon, equal to at least 100% of the estimated cost of constructing grantee's telecommunications facilities within the public rights of way of the city shall be deposited before construction is commenced. A. The performance bond shall remain in force until 60 days after substantial completion of the work, as determined in writing by the city, including restoration of public rights of way and other property affected by the construction. B. The performance bond shall guarantee, to the satisfaction pf the city: 1. timely completion of construction; 2 construction in compliance with applicable plans, permits, technical codes and standards; 3. proper location of the facilities as specified by the city; 4. restoration of the public rights of way and other property affected by the construction; and 5. the submission of"as-bum'V draw*!-_-- Hen el the work as requ red by this title, and o-timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. Page 9—AUG. 99 AMENDMENTS. (F:\USERt PAULtTelecommunications\Ordinancestashland amend 899 anno.wpd) SECTION 22. Section 16.12.200 of the Ashland Municipal Code is deleted. 16.12.200 Responsibility of E)wner. The owner of the facilities to be eenstrueted and, Of different, the grantee, are responsible for performanee of anm eemplianee with all provisiems of this ehapter- 8 SECTION 23. Section 16.12.210 of the Ashland Municipal Code is deleted. 16.12.210 ecor6natmen of ^.onstruefion Activities.-All grantees are required to ecoperate with the eity and with eaeh other. A. By danuary 1 of each year, grantees shall-provide the eity vith a sehedule B. Eaeh gr antee she!' meet with the eity, other grantees and users of the- public rights of way anrivally or as determined by the eity to schedule and eeordunate eonstruetion in the publie rights of way. 6. A" eenstruction laeafiens, setivities and schedules shall be as ordered by the eity engineer, to minirmire publie nvolving overhead construetion shall also be ecordinated also with the Department of Eleetrie Utilities in order to emsure faeolities amd space are , available- SECTION 24. Section 16.16.010 of the Ashland Municipal Code is amended to read: 16.16.010 Location of Facilities. All facilities located within the public right of way or utility easements shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a fieense ar franchise agreement: A. Grantee shall install its telecommunications facilities underground unless the city specifically permits attachments to utili poles or other aboveground facil�it)es provided;however nonentity with existing _w attachmentstoutility polesshall be required to ins all new or existing facilities4 ui der groundezcept�as.provided,m fhe.following_s bseetions6 B. Grantee shall install its telecommunications-facilities within an existing underground duct or conduit owned by it whenever surplus capacity,exists within such utility facility unless granteedemonstriit_es4to`satisfaction•;of city thaf,such installation-is,not feasible. C. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus usable space is available as determined by the Department of Electric Utilities or.the�Pwner ofthe:poles. - Page 10—AUG. 99 AMENDMENTS. (F:WSERtPAUUTetecommunications tOrdinancestashiand amend 899 anno.wpd) D. Whenever any existing electric utilities are located.underground within a public right of way of the city, a grantee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. Whenever any overhead electric utilities are relocated underground, any grantee with permission to occupy the same public right of way must also relocate underground. E. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the city, a grantee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the city and consistent with state law. * F. Whenever new teleeommunieatweris faeolffifies will exhatist the capacity of a teleeornmuneeations earrieFs or facilities, the eity may require the grantee to provide .-d-ditional duets, eenduits, manholes and other faeffilities fe * The city engineer may grant exceptions to some or all of the requirements of this section if the engineer determines, in the engineer's sole discretion, that a waiver is necessary to fulfill the purpose and intent of this title. SECTION 25. Section 16.16.030 of the Ashland Municipal Code is amended to read: 16.16.030 Relocation or Removal of Facilities. Within 60 days following written notice from the city, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights of way whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for: .. A. The construction, repair, maintenance or installation of any city or other public improvement in or upon the public rights of way. * B. The operations of the city or other governmental entity in or upon the public rights of way unless=such city operations are exclusively for its; telecommunications purposes or`cable servicesFwtiieh compe#e with her telecommunications Carrie- � r cable services. * Notwithstanding the 60 day limit, a grantee shall, at its own no%expense to.tl e city, relocate overhead facilities within 30 days following written notice from the Electric Utilities Department that the city ora joint pole owner has space on poles for such purpose. Page 11 —AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) * The 30 or 60 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. i *_, The citytshal, not require a grantee to remove or relocate )ts fac)I)fies or vacate_, any street, alley or other public highway me)dentalio any publichous)nggor renewal�profect�under�ORS Chapters�456or 457,w)thout rese ntees nghtbtherem or w)thouvregwnng a granteetto be compensatetl for'the°costs ttiereof'� SECTION 26. Section 16.16.040 of the Ashland Municipal Code is amended to read: 16.16.040 Removal of Unauthorized Facilities. Within 30 days following written , notice from the city, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights of way of the city shall, at its own expense, remove such facilities or appurtenances from the public rights of way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: * A. One year after the expiration or termination of the grantee's telecommunications keense arfranchlse uH'.ess ttie;grabtee`has timely fled�for ,and?is actively and expeditiously_pursuing;_a franchise renewal; B. Upon abandonment of a facility within the public rights of way of the city. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during�performance of repairs, if-the facilif&- exeessrcapacity ofga current`grantee whoais n,-. default;if the facility is being replaced or if the facility has been disconnected because the building or property being served is vacant. C. If the system or facility was constructed or installed without,the prior grant of a telecommunications lie�franchise. D. If the system or facility was constructed or installed without the prior issuance of a required construction permit. E. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications iie�franchise. F. If the system interferes with or adversely affects existing telecommunication facilities. The 30 day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. Page 12—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 annompd) i If all the facilities and appurtenances are not removed within one year after the termination or expiration of the franchise of+eehs"r such further time as may be granted by the city, they shall be forfeited to the city. The city may notify the grantee, carrier or other person described above that it waives forfeiture and may compel removal from the public right of way and restoration of the right of way and may maintain court suit to require such removal and restoration by the grantee, carrier or other person or the payment of the cost thereof by the grantee, carrier or other person. SECTION 27. Chapter 16.20 of the Ashland Municipal Code is amended to read in its entirety as follows: Chapter 16.20 TelecommunicationsFranchise Sections: 16.20.010 Teleee VI IOU 16.20.020 Telecommunications Franchise 16.20.030 Application 16.20.040 Application and Review Fee• 16.20.050 Determination by the city 1620.060 Rights Granted 16.20.070 Term of Grant 16.20:000 CfGGI fJC RVUIc 16.20.090 Franchise Territory 16.20.190 Go 16.20.110 Amendment of Grant 16.20.120 Renewal Applications 16.20.130 Renewal Determinations 16.20.140 Obligation to Cure As a Condition of Renewal 16.20.150 Assignments or Transfers of Grant, Notice to city 16.20.160 Transactions Affeeting Gentrol of Grant 16.20.170 Revocation or Termination of Gfant�r�aWW's'e 16.20.180 Notice and Duty to Cure 16.20.190 Public Hearing 16.20.200 Standards for Revocation or Lesser Sanctions 16.20.210 Other City Costs If of the city identified by the earriler. 16.20.020 Telecommunications Franchise. A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public rights of way of the city based on geographie areas within the ei Page 13—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) 16.20.030 Application. Any person that desires a telecommunications licenser franchise pursuant to this chapter shall file an application with the Finance Department ~� which shall include the following information: A. The identity of the applicant, ' business in the State of Oregon. B. A description of the telecommunications services that are or Will toxbe offered or provided by the applicant over its telecommunications facilities within the city. C. A description of th e b-ansmission medium that Is b6 used by the applieant to offer or provide suel-, telecornmunilerateens --E). Preliminary engineering plans, specifications and a network map of the facilities to be located within the public right6"Mayjri a ci including__ copies in a computerized format specified•by the city(unless the applicant r s - -- demonstates that�thesformat utilized was dexelopedby::the applicant�and %. + x _proprietary,) and all in sufficient detail to identity . the location and route requested for applicant's proposed telecommunications facilities; 2. the 'oeation of a" aboveground amd unudeigmund publie utility, telecernrmunieabon, eable, water, sewer, storm drainage and othe 3. the location(s), if any, fbr intereenneetion with the teleeontnydftie� facilities of other teleeornmunweations earreers, relocate. ' ED. If applicant is proposing to install.aboveground facilities, to the extent that they the applicadtjwill be using utility poles, evidence from the Electric Utilities Department or pole°owrier�that sarpkts,,usable space is available for locating the applicant's telecommunications facilities on existing utility poles alon the proposed route; and if ` Il p g p p sar}9lasiusable,;'� space is not available in some or all service areas, an indication of these locations and a "make ready" schedule for completion. t=E. If the applicant is proposing an underground installation in existing ducts or conduits within the public rights of way, provide information in sufficient detail to identify: 1. the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; Page 14—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) r. 5a 2. the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. 6F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public rights of way: 1. the location proposed for the new ducts or conduits; 2. the excess capacity that will exist in such ducts or conduits after the installation of applicant's telecommunications facilities. h��l HG. A preliminary construction schedule and completion date. Rnaneia' statements prepared On aeeordanee with generally accepted. d. information an suffieaent deta" to establish 'he-appileant'Siteehnoea' facilities and �er�iees deseribed in the applueation. +EH. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services proposed. L. Whether the appleeant intends to provide Cab e se,viee, video-diaFtene MI. An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease. P. A description of applicant's access and line extension peh The area or areas of the city the applueant d6sires to serve and-a-sehedittte for btiuld-out to the entire fr��. R. Stjeh other Inferi-nation as may be the administrator's designee. instit>3tiarts- Page 15—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) 16.20.040 Application and Review Fee. A. Any applicant for a fieense-or-franchise pursuant to this chapter shall pay an application and review,fee in an amount to be determined by resolution of the city council_Th(s section shaIIFnot apply t6j telecommunication ut)Itty.which providesaorily local exchange access: B. The application and review fee shall be deposited with the city as part of the application filed pursuant to section 16.20.030. 16.20.050 Determination by the city. The city shall issue a written determination granting or denying the application in whole or in part, --plying the st tandards listed bete . If the application is denied, the written determination shall include the reasons for denial. The standards to be applied by eity are! A. The finaneia' and teehrimeal ability of the applieant. B. The egal ability of the appleeant. E). The eapsteity of the publie rights of way to eeeornmodate the appleearit's proposed faciRties region.B. The eapateity of the public rights of way to aeeornmodate additional titilit and teleearnmuneestmons f-Ele"'tees if the kense is granted. F. The public interest on minimizing the cost and disruption of eonstruction within the public rights of way. 'he serviee that applicant will provide to the eornmunity &no 1. The effeet, of any, on publie health, sa" and welfare if the lieense or franehise is granted. The avao'_-biftLy 01 alternate routes or Ioeations��or the proposed faeilities. d. App cable le" 'eleeornmurileat'101-10 .,V., ....laflons and polieies. I(. Such other faetors as rnay demonstrate that the grant to tise the ptibliC rights of way will serve thU eonirritinity interestt. 16.20.060 Rights Granted. No iieense-of"franchise granted under this chapter shall convey any right, title or interest in the public rights of way, but shall be deemed a grant - ' Page 16—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashiand amend 899 annompd) to use and occupy the public rights.of way for the limited purposes and term, and upon' the conditions stated in the license oragreement. be c�strued as-any warramby- of titl�— 16.20.070 Term of Grant. Unless otherwise specified in a lieense-erfranchise agreement, a telecommunications Heense-enfranchise granted under this title shall be in effect for a term of five years. rights of way. 16.20.090 Franchise Territory. f-Unless othenvlse pectfied tna fancfaiseagreerrie'nt; telecommunications franchise granted under this chapter shall be limited to the specific geographic area of the city to be served by the franchise grantee, and the public rights of way necessary to serve such areas. k 16.20.1 GO Gornpensation to eity. Eaeh lieense and franehise granted Under this chapter is subjeet to the eity's right, whieh is expressly reserved, to annually fix a I-e paid kr Me privileges granted; provided, nothing-in and reasonable eernpemsat tion 'LO V IV IV this ehapter she" prehibit the eity and a grantee fi-Orn agreeing LO the eermpensatiom to be paid. 16.20.110 Amendment of Grant. Conditions for amending a license-enfranchise: A. A new application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public rights of way of the city which are not included in a fieenseLL of franchise_previously�granted under this title unleWfhe'grantde has_ aheadyfrecelved a�franchise,to-occupy public nghts'of way inxal6a easxof the city. B. If ordered by the city to locate or relocate its telecommunications facilities in public rights of way not included in a previously granted license ar franchise, the city shall grant an amendment without further application. .A new application and grant shall be required of any telecommunications carrier that desires to provide a service which was not included in a fieense or previously granted under this title. 16.20.120 Renewal Applications. A grantee that desires td renew its lieense er franchise under this chapter shall, not less than 90 days before expiration of the current agreement, file an application with the city for renewal of its license er franchise which shall include the following information: Page 17—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) A. The information required pursuant to section 16.20.030 that has not previously been provided to the city in connection with grantee's existing franchise agreement. B. Any information required pursuant to the Reense-or-franchise agreement between the city and the grantee. * 16.20.130 Renewal Determinations. Within 90 days after receiving a complete application under section 16.20.120, the city shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal. A. The financial and teehnical ability of the applieant-. B. The legal ability of the applieant. G. The contintiong the applicant's existing faeiliti&s-. 8. The applicant's compliance with the requirements of this title and the fieense of-franchise agreement. EB. Applicable federal, state and local telecommunications laws, rules and policies. rights -erve the cornrmunity interest. the publi 16.20.140 Obligation to Cure As a Condition of Renewal. No iieense-er-franchise shall be renewed until any ongoing violations or defaults in the grantee's performance of the agreement, or of the requirements of this title, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city. 16.20.150 Assignments or Transfers of Grant, Notice to city. * A. GFentee shall notify the eity quarterly of the sa,le or 'ease oHhe-eapaeftr, bandwidth, 'it fiber, dark fiber or Lu ally ULI 1�1 transaction is noL Im.-ittired, so long as grantee remains solely esponsit� ehapter.-Tfansae-tionsbe B. Ownership or control of a majority.interest in a telecommunications system, ieense or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act - Page 18—AUG. 99 AMENDMENTS. (F:U ISER\PAUL\TelecommunicationstOrdinances\ashland amend 899 anno.wpd) of the grantee, by operation of law or otherwise, without the prior consent of the city, which consent shall not be unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. 1. Grantee and the proposed assignee or transferee of the grant franchise or system shall if nation to the eity- not less than 1 H days PHO IV LI ie proposed date-offfaftsfer:- a. Gernplete setting forth the mature, terrms and eendition of the pmposed ffanehise applieant pursuant this-el-a-l"—e -with respect to the pferposed tffans'M or assignee; , e-- -, agree,rn writing, toassume'.and,atiiie'bysll ofthe provisions;of the �s -- franchisee 2. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this title. 3. Unless otherwise provided in a fie�franchise agreement, the grantee shall reimburse the city for all direct and indirect fees, costs, and expenses reasonably incurred by the city in considering a request to transfer or assign a telecommunications fieense er franchise. 4. _ Any t.,ransfer or assignment of a telecommunications grant franchise, system or integral part of a system without prior approval of the city under this section or pursuant to a lieen�franchise agreement shall be void and is cause for revocation of the grant. 16.20.160 Transactions Affecting Geritrol of Grant. Any transactioms whieh simgularty-or contra' of the grantee, of the ow.-M-1-0-1-1p or working eentro-1 �F a teleeornmtjnie� ownership or working control of the grantee or of-- t-olecernmunications systenl7lor�d substantial paft of sueh eapaeity or bandwidth, shall be considered an assigni-ne"A r, transfer requiring eity approval pursuant to seetion 16.20.150. Transaetiom&between affiliated entities are not exermpt frorn erity approval, 16.20.170 Revocation or Termination of Grant Franchise. A-lie�franchise to use or occupy public rights of way of the city may be revoked for the following reasons: Page 19—AUG. 99 AMENDMENTS. (F:\USERWAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) A. Construction or operation in the city or in the public rights of way of the city without a licenseorfranchise grant of authorization. B. Construction or operation at an unauthorized location. C. Unauthorized substantial transfer of eentrel of the grantee. Fatlure#o complywith section:with°respect to sale, transfer or,assignment.of a ielecommunications ssystem or franchise f=D. Misrepresentation y or on behalf of a grantee in any application to the city. GE. Abandonment of telecommunications facilities in the public rights of way. Failure to relocate or remove facilities as required in this title. * IG; Wlffuf or continued Ffailure to pay taxes, compensation, fees or costs when and as due the city unless subject to a bona-fide dispute. A Insolvency or bankruptcy of the.grantee. td. Violation of a material provision of this title. 0. Violation of a material term of aiteense enfranchise agreement.. * 16.20.180 Notice and Duty to Cure. Pursuant to:section 1`6.20:170;In 16ythe event that the city believes'that grounds exist for revocation of a fieense-er-franchise, the city shall give the--grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance. B. That rebuts the alleged violation or noncompliance. C. That it would be in the public interest to impose some penalty or sanction less than revocation. 16.20.190 Public Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the city as provided in section 16.20.180, the city administrator shall refer the apparent violation or non-compliance to the city council. Page 20—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) The city council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter. 16.20.200 Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with material provisions of this title, or of a franchise or 6eense-agreement, the city council shall determine whether to revoke the license ear franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: A. Whether the misconduct was egregious. B. Whether substantial harm resulted. C. Whether the violation was intentional. D. Whether there is a history of prior violations of the same or other requirements. E. Whether there is a history of overall compliance. F. Whether the violation was voluntarily disclosed, admitted or cured. 16.20.210 Other City Costs. All grantees shall, within 30 days after written demand, reimburse the city for all direct and indirect costs and expenses incurred by the city in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement. SECTION 28. Section 16.24.010 of the Ashland Municipal Code is amended to read: " 16.24.010 Facilities. Each grantee shall provide the city with an accurate map or maps certifying the location of all telecommunications facilities within the public rights of way. Each grantee shall provide updated maps annuallyncluding copies in a computerized format specified by th e.airy (i�less the grantee demonstrates float'** format wtiliied was�evelope&15, the applicant and:is proprietary,). SECTION 29. Section 16.24.020 of the Ashland Municipal Code is amended to read: 16.24.020. Damage to Grantee's Facilities Unless directly and proximately caused by willful, intentional; of malicious or neglgnt acts by the city, the city shall not be liable for any damage to or loss of any telecommunications facility within the public rights of way of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public rights of way by or on behalf of the city, or for any consequential losses resulting directly or indirectly from such work. Page 21 —AUG. 99 AMENDMENTS. (F:WSER\PAUL\Telecommunications\Ordinances\ashland amend 899 annompd) SECTION 30. Section 16.24.040 of the Ashland Municipal Code is deleted: 16.24.040 Nondiscrimination. A. grantee shall rnake its telecornmun4eations serviees available to any ettsterner within its license or franehese area who sha" eharges for grantee's serviees, provided, however, that nothing in this ehapte shall prohibit a grantee frorn making any reasonable class,filleatiO Ins arriong a s SECTION 31. Section 16.24.050 of the Ashland Municipal Code is deleted. se,Mees available to the eity at itj most favorable rate offered at the tirne of the cr or priee lists on fili n ee between the eity-and-grafttee-- SECTION 32. Section 16.24.060 of the Ashland Municipal Code is amended to read: 16.24.060 Compensation for City Property. If any right is granted, by lease,__ heense.franchise or other manner, to use and occupy city property not Igcated iw thI aapublic r"i of ht Wofor the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the city. SECTION 33. Section 16.24.070 of the Ashland Municipal Code is amended to read: 16.24.070 Franchise aft si<Fees. As compensation for the benefits and privileges under its franchise or icense and in consideration of permission to use the right-of-way of the city, the grantee shall pay a quarterly franchise fee to the city, through the duration of its franchise, as follows: A. The minimum quarterly franchise fee shall be set by resolution of the council. B. Th f a nc isia fee.for a�)tele ommunication u'tdlty�shal etqual 7% of its grosskrevenue on 6khangetaccess�se'Mcd .earhed Within the boundaries ofithe city In add)tion, a telecominun)cat on utility-shall%pay the fee mthe follow)ng�paragraphl ontelecommunications servrce's� hrchi.bre not'loc ' ezcha access services C. Except for limited use telecorYimunicatio`n'grantees,-- the franchise fee shall equal a percent of the grantee's gross revenues derived from grantee's provision of telecommunications services and telecommunications facilities to retail customers and one percent (1%) on all other gross revenues derived from grantee's provision Page 22—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Oidinances\ashland amend 899 annompd) of telecommunications services and telecommunications facilities to wholesale_customers, including other telecommunications carriers rf such customers or carriers are also telecommunication grantees%under th(s�title If suchrcust(, or earners are not grantees, then the franchise'f a shall equal the fee for retail customers The amount of the percent for retail customersshall be set by resolution of the council. DE. A='lirniteduse telecommumcation,grantee shall the number of linear feet o f'nght of way RAN,amafee be asedon telecommunication grantee is de ned as one whose franchi e limits the amount of linear feet the gra ee may occwpy or one who has a franchise as of October 1998 for the purpose of long; ista ce to ecommu 'cations `he fee per linear foot shall tiee by resolution of the council. The annual franchise fee collectable from a telecommunications utility shall not exceed the maximum amount under Oregon Law. The city shall accept from a telecommunications utility, in full payment of the franchise fee, the maximum amount allowed under Oregon law. On request, the telecommunications utility must provide documentation to support its calculation. BE Grantee shall be "providing" telecommunications services or facilities if it sells, leases, resells, or otherwise conveys such services or facilities for consideration. EF' A grantee providing resold telecommunications services or facilities shall be entitled to a credit against its franchise fee for an amount equal to a percentage of the price paid for such services or facilities at wholesale. Such percentage shall be set by resolution of the council. fGe So long as`it r g ters wthe�'cata"srg7rrequirep di ss subsections A and B aelecommu nica ions activities m th6AQght-of-gay,without o aining a franchise, providing the reseller doesnot, either dself or through an { a". vW^,emu � 2a affiliate,' own or lease, controlformanagerany facilities m the right- . u ofway and is not involved l.nconstrUCtlo ,or t fepalrpof fac(Itties in the ndht of-way c -or purposes£of;calculat ngd�the fe�eswto be pa(d=by a reselle`r;�the amount of compensation paid by.theiresON �t to>the F owner�or manageriof�fac(lities,•in-the nght.of-way for the service"s it resells shall§pideducted :from.the reseller'srgross rev enues.t efore applyingrthe<percentage,rates.describedrin•subsectiore above. Page 23—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 899 anno.wpd) GH. Payment shall be made by each April 25, July 25, October 25 and January 25 for the quarter just ended. jr Any grantee who fails to remit any fee imposed by this chapter within 30 days of the date it is due, shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the fee from the date on which the remittance first became due until paid. SECTION 34. The paragraph following section 16.24.100.D of the Ashland Municipal Code is amended to read: The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license-errfranchise, and such other period of time during which the grantee is operating without a franchise or heense, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "This policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, of a written notice addressed to the city's risk manager of such intent to cancel or not to renew." SECTION 35. Section 16.24.110 of the Ashland Municipal Code is amended to read: 16.24.110 General Indemnification. Each In �franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, +; indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or`its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed-or prohibited by this title or by a grant agreement made or entered into pursuant to this title. SECTION 36. Section 16.24.120 of the Ashland Municipal Code is amended to read 16.24.120 Performance Surety. Unless the city otherwise specifically approves an alternative security to assure performance, before a license ar franchise granted pursuant to this title is effective, the grantee shall provide and maintain a performance bond, in form and substance acceptable to the city, as security for the full and complete performance of this title, including any costs, expenses, , damages or loss the city pays or incurs because of any failure attributable to the Page 24—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinances\ashiand amend 899 annompd) , y a grantee to comply with the codes, ordinances, rules, regulations or permits of the city. SECTION 37. The following chapter 16.26 is added to Title 16 of the Ashland Municipal Code: Chapter16.26 t k" 4L FRA$NCHI9QREQUIREMENTS Sefic omen's` 162""610'10 G ant of Fran his e. 6.26.020 Franchise Requ ed 6 26.030 lengt of F n�ch set 16 26.0 4.0 Cable Fran hise Characte sti, -tom 6.050 Cie F a ch'"see Subleto O her Laws, licelffower2lil 16.26.060 Operafion;of a Cable System W, tt•hoot a Fraric t- lr w_ (1826- O1,0 G t o%,7 ch)se:a ,u ffigran t Ne ;a _ s =. ty or more cable television franchisesMcontainmg such rod s are rnably necessary to protect the public interet,and each swch se shall be ded in�accordance withtand suljectto,the provisions of this ter. Th(s chapter may be amen ed from time to time and ui no event shall this +fir chapter be considered a contract between the city and a franch(seesuch�that the city d.° e�Y.�iK _ x : would be,prohib(ted from amending any provision of his chapterprowded no such en�dment shall m=any ay impair any contract rig t or i crease obgllgatons4of a franchisee under anoutstanding and effectiv_.e franc., hi, seexcept.m;the$lawful exercise:of Wx . . .�_ the"ityas pollee Qovirerr! fft chapter's all be i addition to req ;r�e'"�'tints of„^' titlet 96� hat are cifde applica le to cable service as provide in section 1 0:025 'Inert e event of a confllctween this chapter a d other r quirernents of aTitl @•16, thlsehapter shal185%trol. 11iF26,020 Franch'ise'Requ)red Gw5x ' A No.person may construct,`operate or mamtam a cable system or>provide cable seance over a cable system w)thm the c III tywlthout a franch)se gra s erson maybe granteda franc'- isei it out havirig nteretliinto affranch)se agreement wlthrthercity pursuant'to'this-chaptec For+the pu�pose.ofit 'is provision, the operation of part or all of4jcable5system,within the'cityyameans the.use or occupancy of rights=of=way.<byfacilities•used?to providetcablbservice. Page 25—AUG. 99 AMENDMENTS. (F:\USER\PAULXTelecommunications\Ordinances\ashland amend 899 anno.wpd) B. Toithe'extenfperh1itted by law, a telecommunications utility;`asdefined by state.,law, which utilizes its,system to provide cable service shall be subject to this chapter and shalfrequirle a cable franchise under this chapter;-; I=- - Z... :. w-' `tea ._'r-d"$ .�w .�.. C' Services�?similar�to�cable'service, such as open video system senr�ce sliall also bersublect tothis chapter to the extent provided byalaw,,A D. A' systemashall riot#lie deemed as operatir g�withm the city even>though service s offers o1 rendered too a or more subscnbersrwitliin'the cltyrif no right-of-way is used.or occupied. All cable franchises granted purss ant S to this chapter shall contain substantially similar terms and conditionsF which, taken as a whole and onsideri g relevant characteristics of the_ applicatfs; do not provide more or less favorable errns and conditions ham those required of other cable franchisees. T6.26.030 L.e�ngth of'Franchise. Unless otherwise specifieWina able franc hise, no cable franchise shall be granted for a period of more than w. r fl6 26 04M Cable Franchise Ch aracteristics A A cable franchlsPlauthorizeS use of rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide cable services within the city, but does not expressly or mplieitly au horize a franchisee to provide service to, or install a cable system on private property without owner consent;or to use publicly or pri"�va ply owned poles, ducts or conduits withoutda separate-agrea_ment Wit h the,pole owner. B; ,able franchise shall not mean'or include any`exclusive'r'igtit for ttie privilege of transacting and carrying on a business within the city as generally required by the laws of the city. A cable franc isq shall not conferany authori to provide telecommunications services or any,ot communications services besides cable services and a separate franchise S hall be required for the provision of telecommunications services in . addition'to the cable franchise. A franchise shall not confer any implicit Fjightpjother than thosemandated by federal s4ate'or local;law. Cs Acableaf anchise is nonexcsive and willfnot explicitly or implicitly: preclude thelissuanceof:otherfranchisesto operate c�ablesysteniswithin ty the city;=affect;the�ci 's'�ight to a rUtfior a=use ofrightsof-way by other persons to•operate cable systems or for other"purposes•as it determines appropriate: D. Once`a cable franctise Fias been•accepted acid°executed'by the city and a franchisee, such cable franchise shall,constituteia valid`and enforceable Page 26—AUG. 99 AMENDMENTS. (F:\USERtPAUL%Telecommunications\Ordinancestashland amend 899 anno.wpd) agreemenVbetweenAhe=franchisee and:the-city, and the=terms; conditions and provisions of such franchise; subjectto this chapter and'.all other duly enacted^a'nd applicablealaws and regulations shall define the•.rlghts,and obligations ofrthg franchisee an dutFie'dity_�relating f the frahcl ise E All pnv(le`geS�prescnbed byea"cableAfranchsefshall be subordinatexto any poor lawful occupancy of the rights-of way and the city reserves the right to.reasonably designate�where a franch(sees,facU)t)es are to;be placed withm;the rights=ofway though itssgenerally_applicable,permit procedures., ,, ..,.:^.^""'�'-."'. '^.���... •-p-+ F`; A;cablerfranchiseishalPbeta privilege that is`in the.publ)c'trust`and pers6naLto the1original franchisee;No franchise transfer shall occur`, u, e whouttthe\pino writtencorsent oftheucityrcouncilupon application made Liy�the�fr� ch(seeipursuantnto this c;�apterr,.tl�e` fran�cF (se'�and'aapplica6l� law Consent shall�not Ike unreasonably withheld;and any purported� -_ franchise�'transfer mad�exwith'out�applicatlon randrpno_r':wntten;eonsent�shall lie�void�and�shalllkie.cause,for�thetcity;,to4revokethe.cablelfranchis 1626:050YCatle'Franchisee e'Subjectto-Other"Laws;.Police Powers:. Q.- _b!I franchisee shalltat ail timesibe subject to and Shall complywith,all applicable -stateesand local-laws=and regdldtions;,_iricluding this_ chapter A cablefraneh(see shalUat(allitimes be subjectto alltlawfulry eXerase o ning frthe;polieepo�wer ofthecity�including, butnot limited�to, all , rights the city maythave under the cable act;!allopoweis regarding.zo supervision of construction control of rights=of,way Arid consumer protection: B , Thexcity shalhhave fulbauttonty to regulate cable systems,-cable franchisees and'fr5nchises;A maynow or hereafter„be lawfully; petmissi6le � "� X16 26 060 Operation of a,Cable System Wthoutaa Franchise to ny persgn wh'' occupies nghtsr of waytfor`�therpurpose of operatmgron coistruemgia;eable system$or providescableservice over alcablersystem and�,who does not hold'a valids,franchise fro'mithe'city shall be subject to ail,reguirements of\this,,ctapter The city_admmist�ator; shalPhave _he°authority A. To require such person'to enter into ar franchise within 30 days of receipt of writtenifnotice that a.franch)se`is required;,or' B. To require',such person to remove-its propertyand'restore the affected area to ascondifionsatisfactory to.the-city. The ckyyadministrator may direct city personnel,or may employ contractors, to remove the property and restore the.affected area-to a condition satisfactory to,the city and charge the'person'the'costs-therefor. Page 27—AUG. 99 AMENDMENTS. (F:\USER\PAUL\Telecommunications\Ordinanres\ashland amend 899 anno.wpd) C. To take any other action it is entitled to take under applicable law. In no,event shall a franchise be created unless:it is.issued b_y'the city pursuant to this chapter and sub1ecftoF. w_"ritten franchise,agreementr._I The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 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 28—AUG. 99 AMENDMENTS. (F:tUSERt PAULtTelecommunications tOrdinancestashland amend 899 anno.wpd) Council Communication Ashland Fire & Rescue / Public Works Ashland Watershed Protection Project October 5 , 1999 Submitted by: Keith E.Woodley,Fire Chief Paula C.Brown,Director Public Works Approved by: Mike Freeman,City Administrator Title: Ashland Watershed Protection Project Draft Environmental Impact Statement Synopsis: hi August 1999, District Ranger Linda Duffy released the Draft Environmental Impact Statement (DEIS) for the Ashland Watershed Protection Project. The purpose of the DEIS is to guide the Ashland Ranger District in its efforts to manage vegetation in the Ashland Creek Watershed in a manner that reduces the current fire hazard and restores fire dependent ecosystems to conditions where the potential for large-scale stand-replacing wildfire is reduced. The comment period on the DEIS expires on October 18, 1999. Recommendation: Five alternatives for conducting vegetation management have been proposed in the DEIS document. Alternative 5 best addresses wildfire mitigation concerns,however the Forest Service has invited community-based involvement in the preparation of other alternatives to those proposed by the Forest Service in the DEIS. Staff recommends that the City Council authorize the Mayor to sign a letter endorsing Alternative 5, provided that the community-based alternative is not deemed to be scientifically creditable, or otherwise does not meet the resource management objectives of the Forest Service and City of Ashland. Background Information: The relationship between the City of Ashland and the Ashland Ranger District of the Rogue River National Forest, was formalized over seventy years ago irr the 1929 "Cooperative Agreement For The Purpose Of Conserving and Protecting The Water Supply Of The City Of Ashland. " This agreement was updated in 1996 and 1999 to reflect the further development of the long-standing relationship between the agencies. The basis for this long-term relationship has been a cooperative effort by both entities to safeguard the values at risk within the Ashland Watershed. These "values" include our municipal water supply, wildlife, soils,recreational interests and silvicultural resources in the Ashland Watershed. The Northwest Forest Plan required a "Late-Successional Reserve Assessment" to be completed prior to habitat manipulation activities within the Mt. Ashland Late-Successional Reserve. In 1995, the Bear Watershed Analysis was also completed, which identified the need for fire-hazard reduction work within the Ashland Watershed. In 1997, the Ashland Ranger District proposed to implement the "Ashland Interface Fire Hazard Reduction(HAZRED) Project" to significantly reduce the potential for a catastrophic wildfire within the Ashland Watershed, and an environmental analysis was completed in conjunction with the project. The City Council, through Mayor Shaw,provided written input on the proposed HazRed Project in July 1997. In March of 1998, a decision notice was rendered on the project following a year of public input. Appeals to this decision were filed with the Regional Forester that resulted in a reversal of the decision in July 1998. As a result of the appeals, the decision was made to conduct a more extensive environmental analysis with the preparation of a DEIS. The DEIS was made available for public review in August of this year. The proposed action for the Ashland Watershed Protection Project (referred to as "Alternative 5" in the DEIS)would treat vegetation and dead and down fuels on approximately 1,549 acres. A variety of treatment methods would be applied to this project, including the mechanical removal of timber through industrial helicopter removal techniques, use of prescribed fire to remove undergrowth, and the manual removal of vegetation through chainsaw cutting, hand piling and burning of slash. Under this proposed action for vegetation management for watershed protection, approximately 1,097 acres are being considered for treatment with prescribed under burning or manual methods, and approximately 452 acres are being considered for mechanical tree removal methods. The project is located mostly within the Ashland Creek Watershed, and partially within the Tolman and Hamilton Creek Watersheds. The overall goal, within the City's immediate concern, for the management of the Ashland Watershed is to provide high quality drinking water for the City of Ashland, and to maintain large areas of late-successional reserve habitat by creating a landscape that is relatively resistant to large-scale high severity wildfire. Staff is not in a position to comment on the feasibility of potential community-based alternatives to Alternative 5 in the DEIS, as none were available for review at the time this communication was prepared for Council. If no credible community-based alternative is generated from the current discussions within our community, it is believed that Alternative 5 in the DEIS could still provide opportunities for"community-based" involvement in fuels management. A portion of the project area could be specifically set aside for "hands on" public participation. Council Communication Legal Department Falcon Cable Transfer Request October 5, 1999 Submitted by: Paul Noltg—*, Approved by: Mike Freeman Title: Request by Falcon Cable Systems Company 11, L.P., to Consent to the Transfer of Control.of Falcon Communications, L.P. to Charter Communications Holding Company, LLC. Synopsis: In June 1999 Falcon Cable Systems Company 11, L.P. (Falcon Il) requested the city's consent to the transfer of the controlling interest in Falcon H's parent company,Falcon Communications, L.P. (of which Falcon Holding Group, L.P. and Falcon Holding Group, Inc. are general partners) to Charter Communications Holding Company, LLC (Charter). Falcon H is'a California Limited Partnership qualified to do business in Oregon. Charter is limited liability company incorporated in Delaware. Charter is not qualified to do business in Oregon. Falcon lI is the first cable franchisee that has not entered into an agreement with the city's joint pole owner for the use of jointly-owned poles. Recommendation: Move to: 1) Withhold consent until Charter qualifies to do business in Oregon and reaches agreement with the city's joint pole owner(U.S. West) as to the use of jointly-owned poles, and 2)Request that both Falcon 11 and Charter confirm in writing that they will comply with the city's telecommunication ordinance when Falcon 11 implements telecommunication services within the city. Background Information: Falcon H is one of two cable franchisees within the city and has been a franchisee for approximately one year. The cable franchise agreement entered into in 1983 provides that: "SECTION 16. Transfer of Franchise. The Grantee shall not lease, assign or otherwise alienate this franchise without prior approval of the City being granted by ordinance for that purpose,provided that such approval shall not be unreasonably withheld." The council approved the transfer of this franchise from TCI to Falcon R in July 1998. The current request before the council differs from the 1998 transfer in that Falcon II is not transferring the franchise to Charter. Falcon II is requesting consent to the transfer of control of its parent company to Charter. Falcon 11 will remain the franchisee. Staff has met with Falcon H and Charter attorneys to discuss the requirements recommended in this council communication, but no final resolution has been made. • 07 (n �l C: > Ul � ca V • r ' - co O CD m C") 0 e r • • °S O • 0 Yv p CD p Cn G) =3 o_ r D r o_ o_ co m p CD p cn' 3 -0 m cn cn ,rt 3 3 • = v � v su su v O' = O �' CD CD n 0 D a a Q r r c• o CD cn �, CD cD X 0 0 p CL CD CL 0 CD .Q �' Z1 0 CD C n Q C- CD CD COD 0 CQ (� • 3 ,=r C < < C7 N 1 d � N' cD 3 C2 CD _ • of I CD n r CD 3 CQ Q O< co CD 0 v Co CO Co • 00 CD C0 CD CJ1 OCD 3 m su CA 0) • rn C CD • 01 a N A O N � cn � • co CD CD • rt o :3 -4 CO) CD o Fp• C/) n) . 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Ise Lane [ave Zone $aback Requircmenn 12' b' lay 64R.O.W _ Section B North of Diane Street (looking north) I Infill and Redevelopment Street Trees IContinuou New Curb Cuts/Driveways Sidewalks Allowed per Ashland Street I (both sides) Standards Handbook iL Setback Requvemma I Walk/plmtcr Bike Tavel Tavel I L. Zp�ter I Setback Requirtmrnb Zon e have Lme Cme LB. Zone 14' 6' —� 10' la �--- ----'----- ---60'ROW---- Section A South of Diane Street I (looking north) Tolman Creek Road Neighborhood Plan Design Guidelines Figure 13 City Council Communication Administration Establishment of Fiscal Priorities for New Programs October 5, 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. v MEMORANDUM To : Council Colleagues From: David Fine Date : 28 September 1999, 1214-L Subj . : Spending/Fiscal Priorities/Funding Mechanisms Ordinance The draft you are reading in the packet for the upcoming Council meeting incorporates changes suggested by Steve Hauck and Carole Wheeldon. These changes notwithstanding, the proposed Ordinance still stands to further two objectives : (a) Effectively and clearly communicating to the electorate the Council' s collective understanding of how government decisions will be funded; and (b) assuring the electorate that we, individually and collectively, are mindful of the effects of new policy decisions upon taxes and charges - and, in some instances, upon existing services . Mayor Shaw suggested some weeks ago, before debate on this issue was adjourned, that the effect of this Ordinance should be to transfer power from Council to City Staff. I respectfully take issue with Cathy' s conclusion . Currently, Staff is obliged to balance expenditure demands when they draw annual budgets . Not all policies and programs approved by Council can be fully funded. In such instances Staff has to surmise the relative importance of competing programs . The effect of this Ordinance would be to assure that Council regularly speaks to staff about how Council, collectively, expects Council policies and programs to be funded. At a practical level it might be expected that future "Staff Reports" evaluating new programs for Council will include a clearly-identified sentence or paragraph indicating how a proposed project or policy is to be funded. Council might then adopt or amend such Funding Statements . The press and the public then would be able to read a direct statement of Council' s best estimation of how any new program is to be paid for . Examples are printed overleaf : Examples of "Funding Statements" (These examples are hypothetical only; they do not reflect the actual costs of any City programs . ) Funding Statement : The cost to the City of retaining this consultant' s services will be $4 , 500 . This will paid from the $35, 000 already allocated for Contracted Services in the Administrative Services Budget for 1999-2000 . Funding Statement : The cost of obtaining these water rights will be $950, 000 . ( 1 ) These funds can be raised, in the discretion of Council, by raising charges to the public for water by fifteen percent . (a) If the fee increase takes the form of a flat percentage increase, the average domestic water bill would go up by $20 per month. (b) Alternatively, charges can be raised only for users of large quantities of water, such as households with pools or large gardens . This would see the water. bill of someone whose bill in the summer now is $175 per month go up to $250 in those months . (2 ) If the Council chooses to fund the project out of General Fund revenues, the taxes on a $150, 000 home will go up by $175 per year. Funding Statement : These taxiway improvements will cost a total of $600, 000 . $540, 000 will be provided by a grant to the City from the Federal Aviation Administration. $30, 000 will be met over four years' time from higher overnight airplane parking fees, to be assessed upon multi-engine and jet aircraft . The final $30, 000 will come from City General Fund revenues . Funding Statement : This upgrade to our new waste water treatment plant has been mandated by a recent Federal Court decision, which obliges us to reduce our discharge of iron into Bear Creek to no more than 0 . 0004% by volume, by June of 2010 . It is included in this year' s Capital Improvement Plan as a project to be commenced in 2008 . The City Council is yet to discuss how its $7 . 6 million cost is to be funded. ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO =STAB' '° PRIORITIES BETTER IDENTIFY FUNDING MECHANISMS 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 and Priorities of Expenditure PgLicy 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 fiseal Priority to be afforded this new pregrafn or polley how the new ro ram or olic is to be funded. B. When the city council adopts such program or policy, it shall indicate how it expects that program or policy will be funded; for example, e;g. which exi_ istino taxes or fees other the council expects to increase and by how much, or which current city ro rams or de artment ex enditures the council ex ects feels might to reduced to fund the new program or policy. However if the council cannot reasonabl identif a otential fundin source it shall so indicate. C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" means includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one half of one pereent-E9 5%J one and one-half ercent 1.5% of the city's annual General Fund budget and which ma re uire increasin existin taxes or fees or im osition of new taxes or fees. D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was 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 Redline draft for Council Packet, Meeting of 07 or 14 Oct. 1999. ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO BETTER IDENTIFY FUNDING MECHANISMS 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 and Priorities of Policy 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 how the new program or policy is to be funded. B. When the city council adopts such a program or policy, it shaft indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the council expects to increase and by how much, or which current city programs or department expenditures the council expects to reduce to fund the new program or policy. However, if the council cannot reasonably identify a potential funding source, it shall so indicate. C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one and one-half percent (1.5%) of the city's annual General Fund budget, and which may require increasing existing taxes or fees or imposition of new taxes or fees. D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was 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 i Draft for Council Packet, Meeting of 07 or 14 Oct. 1999 H:\city99\fisc ord dr4.wpd Council Communication cl Sanitary Sewer Easement Acquisition Public Works Department October 5, 1999 Submitted by: Paula Btu by: Paul Nolte l� Approved by: Mike Freeman Title: A Resolution Authorizing the Acquisition of an Easement to Construct, Operate, Repair, Maintain and Replace a Sanitary Sewer Line (Lewis Property). Synopsis: Approval of the attached resolution would authorize the City to acquire an easement to construct, operate, repair, maintain and replace a sanitary sewer line(Lewis Property). This easement is necessary for the placement of the sanitary sewer line to be constructed to serve the Ashland Municipal Airport and others along that line in the future. To obtain the necessary grade for this new gravity sanitary sewer line, easements along two private properties were necessary. One easement was obtained from the Ainsworths, however the Lewises have not consented to grant the other. Recommendation: It is recommended that the City Council approve the resolution authorizing the acquisition of an easement to construct, operate, repair, maintain and replace a sanitary sewer line(Lewis Property). Background Information: Staff has been working with Mr. and Mrs. J.D. Lewis since June in an attempt to acquire an easement over a portion of the two lots owned by the Lewises (39 1 E 11 —tax lots 701 and 702). The attached map shows the location. The negotiations for acquisition of a sanitary sewer easement across the J.D. Lewis property have reached a stalemate. The Lewises had verbally agreed to easement acquisition terms, but are now requesting additional conditions that are not possible to grant. Their current demand is that the City guarantee that their property can and will be annexed to the City in the near future. Staff has explained the annexation process and the fact that there is no "guarantee" until final approval by Planning Commission and Council. Staff has offered several considerations for easement acquisition including a recent offer of $1,561 and a prior combination offer of cash, assistance with annexation applications and unlimited sewer connections to the new line. The Lewises have remained adamant in their insistence on an annexation guarantee. USI\SYS\USER\dawn\ENGINEER\EASEMEIMCouncil Communication Lewis Condemnation.doc 1 The construction of the sanitary sewer work for the airport extension has been awarded and needs to begin immediately to avoid possible heavy fall rains. The proposed resolution requires the following actions: 1. An additional attempt to agree with the owners of this property (Lewises) with respect to the compensation to be paid. 2. If the city is unable to agree with the owners of this easement,then the city attorney is instructed to commence an action to acquire this easement from the owners and any and all persons having or claiming an interest. 3. If it is necessary to commence an action through condemnation, immediate possession is considered necessary and the funds described in ORS 35.265 for adequate compensation for the easement shall be deposited with the clerk of the court. US 1\SYS\USER\dawn\ENGINEER\EASEMEI MCouncil Communication Lewis CondemnationAm G , ' /IIj ,II ,II�II► lit iii. •�I,1 p=���i . _ W al s PRO MEN �a7L�1� �� 111111 � r, / /�II� /��Y v� J '• ! Ili „Ca'�y-n�'� r.�d-��+.� �. i, Y/ �- �y ��•. .�:1. �9 if � {r. �i �. 9� �% fi M° ,k �9 .� ,4 ✓y � 1� �-" , , �� ,• ,=�. o 'y� i� { 4_ �. Via,.. � �� yf. ti �� {t1� � �(.� jl �4' , i ` � ,��. �� �/ I _ ,: _ _ . � �� � a � „., '. -I .; � �' 'a -.v�� n . y „� . .,t 11 � ;�I ,� �I� / L' �4, )4�L1 � • II� � � �� -� ��� ____ � �,� �__ _ _� �� �_ � ___ _ - __ ?yj' /f l� ;i �t ;, 11_ ^ . � ,�� . _��,_ RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF AN EASEMENT TO CONSTRUCT, OPERATE, REPAIR, MAINTAIN AND REPLACE A SANITARY SEWER LINE (LEWIS PROPERTY). THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The acquisition and relocation of an easement for the development of plans and designs and for the construction of the above captioned project is necessary and in the interest of the general public. SECTION 2. It is the judgment of the City of Ashland that it is necessary to acquire the easement described in the attached Exhibit A for such purpose. SECTION 3. The city, through the city administrator or his designee, shall attempt to agree with the owners of these properties with respect to the compensation to be paid. If the city administrator or designee is unable to agree with the owners of this easements, then the city attorney is instructed to commence an action to acquire this easement from the owners and any and all persons having or claiming an interest. If it is necessary to commence an action, immediate possession is considered necessary and the funds described in ORS 35.265 shall be deposited with the clerk of the court. 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 Christensen, City Recorder SIGNED and APPROVED this _ day of 1999. Catherine M. Shaw, Mayor M iewed as to form: lifl� Paul Nolte, City Attorney PAGE 1-RESOLUTION (XWS1�.SYS\USER\PAULA\COUNCILLLEWIS CONDEMNATION RESOLUTION.WPD) I SANITARY SEWER EASEMENT An easement over, across and through a strip of land 10.0 feet in width, Northerly and Northwesterly of, when measured normal therefrom, the following described line: Commencing at the South-Southwest Corner of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon. THENCE North 462 .74 feet and East 485 .76 feet to a found 1.25 inch diameter Iron Pipe, reported to have been set on the Northeasterly right of way line of East Main Street, and as shown being set in the execution of Filed Survey No. 6041 and called for in Document No. 75-08976 of the Official Records of Jackson County, Oregon; THENCE North 00 degrees 00 minutes 27 seconds East (deed record North 00 degrees 00 minutes .50 seconds West for a distance of 724 .97 feet, to a 1/2 inch iron pin, located at the Southwest corner of tract described in Document No. 3-05910, ofethe the official Records of Jackson County, Oregon) East boundary line of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon for a distance of 725.12 feet to the Southwest Corner of that tract of land as set forth in Document No. 73-05910 of the Official Records of Jackson County, Oregon for the TRUE POINT OF BEGINNING; THENCE North 89 degrees 52 minutes 57 seconds East (deed record North 89 degrees 53 minutes East, 195.45 feet) & (survey record North 89 degrees 51 minutes 40 seconds East, 195.87 feet to a 1/2 inch Iron Pin) along the Southerly boundary line of said Document No. 73-05910 for a distance of 195.94 feet to a found 1/2 inch iron rod situated at the Southeast Corner thereof; THENCE continuing North 89 degrees 52 minutes 57 seconds East erly (deed record line Noftthat East along the in .DocumenthNo. boundary y 73-05911 of the Official Records of Jackson County, Oregon and the Easterly prolongation thereof, for a distance of 371 .08 feet to a angle point; THENCE North 51 degrees 23 minutes 53 seconds East for a distance of 41 . 17 feet to a point in the Southwesterly boundary line of the City of Ashland Airport property as shown on Filed Survey No. 6041 and there terminating. Extend and/or shorten the Northerly and Northwesterly easement right of way line to close upon the Easterly boundary line of that tract of land as set forth in Document No. 98-08352 of the Official Records of Jackson County, Oregon and upon the common boundary line between that certain 5 .03 acre tract of land and the SANITARY SEWER EASEMENT Page 2 City of Ashland Airport Property as shown on said survey filed as number 6041 in the office of the Jackson County Surveyor. Also, granting a temporary construction easement, over and across a strip of land 10 .0 feet in width, when measured normal therefrom and being contiguous to and lying Northerly and Northwesterly of,the Northerly right of way line of the hereinabove described Sanitary Sewer Easement. This temporary construction easement shall terminate 60 days after the completion of construction by the contractor and the written acceptance of the project by the City of Ashland. Subject to any and/or easements, an d/or rights of way of record and those apparent on the land. GRANTOR: July 14, 1999 J.D. LEWIS SANDRA LEE LEWIS REGISTERED GRANTEE: CPROFESSIONAL CITY of ASHLAND_ ND SURVEYOR j 20 East Main Street Ashland, Oregon 97520 - OR 19 'ON JULY S. 1989 lYHRSTT L SWAIN 799 Surveyor's Registration Renewal Date: June 30, 2000 EXHIIE3ZT • Xk ref: C98LERIS.leg 1 City Council Communication October 5, 1999 Submitted by: Scott Reuter Approved by: Mike Freeman Title: An ordinance adding section 11.48.040 to the Ashland Municipal Code authorizing certain employees of Southern Oregon University to issue citations for minor in possession of alcohol and minor in possession of less than one ounce of marijuana. Synopsis: Currently, when any Southern Oregon University Security Agents encounter a minor in possession of alcohol/possession of less than one ounce of marijuana they have to contact the Ashland Police Department and wait for a APD Police Officer to respond to the scene. If appropriate, the APD Police Officer then issues the citation. This procedure ties up both the agent and the police officer and involves a certain amount of duplication in paperwork. The SOU Agents have encountered several instances where if the person being detained is uncooperative, the waiting period for the police officer's arrival tends to escalate the situation. In addition, the delay provides the opportunity for bystanders to become involved thus increasing the chances for hostile behavior. Also, the SOU Agent's time could be better spent on other duties other than waiting around for an available police officer. Recommendation: Staff recommends that the City Attorney create an ordinance that would allow the SOU Agents to issue citations for minor in possession of alcohol/possession of less than one ounce of marijuana. The Ashland Municipal Court Judge is aware of this request and supports the adoption of the ordinance. The Ashland Police Department would provide the proper training to the SOU Agents to ensure they are complying with applicable laws and procedures. If there were any mitigating circumstances such as additional crimes or violent behavior, the Ashland Police Department would still send officers to the scene. By not having to respond to every one of these infractions at SOU, the police officers would be released for other duties. Since the Ashland Police Department provides dispatch services for SOU, the SOU Agents would still be required to report via radio when they were out with a minor in possession of alcohol/possession of less than one ounce of marijuana and the police officers would be monitoring such calls. Background Information: Letter from SOU Director of Security. e f NNW September 24, 1999 SOUTHERN OREGON UNIVERSITY Chief Scott Fleuter Ashland Police Department 1155 E. Main Street, Ashland, OR 97520 Dear Chief Fleuter: In order to enforce laws on our campus, certain designated"Special Campus Security Officers" exercise limited"peace officers" authority conferred to them under the ORS 352.360 and ORS 352.385 (excerpts of these and related statutes are attached as following pages to this memorandum). Our Security Officers are usually first responders to all calls on campus that they receive from the Ashland Police Department's Dispatch Center. When crimes have been committed or discovered our Security Officers, by our policy, will always call your Department and Officers for investigation and prosecution. On rare occasions, when dictated by urgent and exigent circumstances, do our officers make arrests prior to the arrival of police officers. And when they do so, persons arrested are delivered immediately to the charge and control of your Department and Officers. Many of the calls that our Security Officers respond to are not crimes but are infractions in nature. Such infractions typically include possession of alcohol by minors or of less than an ounce of marijuana. And it is our opinion that in such situations it will be more expedient for our Security Officers to have authority to issue citations under the authority of the Municipal Court, or the Ashland Police Department and/or the City of Ashland. Such authority will allow us to quickly and summarily handle minor situations and reduce our redundant paper work processing. Please be assured that this suggested change doesnot and is not ilrtended in anyway to prevent police officers from coming onto or entering our campus property. If it serves to facilitate this option, our University Administrators or I will be glad to discuss this possibility as another cooperative option with the City of Ashland. Your attention and consideration will be most gratefully appreciated. Sincerely yours, Joey Ngan, Director of Security cc: R. Bolstad Department of Security and Safety 1250 Siskiyou Boulevard Ashland,Oregon 97520-5091 Tel 541-552-6258 Fax 541-552-6907 OREGON REVISED STATUTES ORS 352.360 352.360 Traffic control on properties under state board; enforcement; fees; use. (1)The State Board of Higher Education may enact such regulations as it shall deem convenient or necessary to provide for the policing, control and regulation of traffic and parking of vehicles on the property of any institution under the jurisdiction of the board. Such regulations may provide for the registration of vehicles, the designation of parking areas, and the assessment and collection of reasonable fees and charges for parking, and shall be filed in accordance with the provisions of ORS 183.310 to 183.550. The board may require that before a quarterly or yearly parking privilege for any vehicle is granted to any full-time or part-time student to use board property, the student must show that the vehicle is operated by a student holding a valid drivers license,that the vehicle is currently registered and that the student driving the vehicle is insured under a motor vehicle liability insurance policythat meets the requirements described under ORS 806.080 or that the student or owner of the vehicle has provided the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state. (2)The regulations enacted pursuant to subsection(1)of this section shall be enforced administratively under procedures adopted by the board for each institution under its jurisdiction. Administrative and disciplinary sanctions may be imposed upon students,faculty and staff for violation of the regulations, including but not limited to, a reasonable monetary penalty which may be deducted from student deposits, and faculty or staff salaries or other funds in the possession of the institution. The board shall provide opportunity for hearing for the determination of controversies in connection with imposition of fines or penalties. The board may prescribe procedures for such hearings despite the provisions of ORS 183.415, 183.450, 183.460 and 183.470. Persons other than students, faculty or staff may voluntarily submit to the hearing procedures prescribed by the board,and shall be bound by the results thereof. The powers granted to the board by this section are supplemental to the existing powers of the board with respect to the government of activities of students,faculty and staff and the control and management of property under its jurisdiction. (3)The regulations enacted pursuant to subsection(1)of this section may also be enforced by the impoundment of vehicles,and a reasonable fee may be enacted for the cost of impoundment and storage,if any, prior to the release of the vehicles to their owners. (4)All fees and charges for parking privileges and violations are hereby continuously,appropriated to the State Board of Higher Education to be used to defray the costs of constructing bicycle racks and bicycle lanes and of traffic control, enforcement of traffic and parking regulations, and maintenance and operation of parking facilities and for the purpose of acquiring and constructing additional parking facilities for vehicles at the various institutions,departments or activities under the control of the board, and may also be credited to the Higher Education Bond Sinking Fund provided for in ORS 351.460. Parking fees shall be established at levels no greater than those required to finance the construction, operation and maintenance of parking facilities on the same campus of the state institution of higher education on which the parking is provided. Notwithstanding ORS 351.072, parking fees or changes in fees shall be adopted by rule of the state board subject to the procedure for rules adopted inORS 183.310 to 183.550. (5) Every peace officer may enforce the regulations made by the board under subsection(1)of this section. The board, for the purpose of enforcing its rules and regulations governing traffic control, may appoint peace officers who shall have the same authority as other peace officers as defined in ORS 133.005.0 ©ORS 133.005 133.005 Definitions for ORS 131.655 and certain provisions of ORS 133.005 to 133.381 and 133.410 to 133.450. As used in ORS 131.655 and 133.005 to 133.381 and 133.410 to 133.450,unless the context requires otherwise: (1)"Arrest" means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A"stop" as authorized under ORS 131.605 to 131.625 is not an arrest. (2)"Federal officer" means a special agent or law enforcement officer employed by a federal agency and who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. (3) "Peace officer" means a member of the Oregon State Police or a sheriff, constable, marshal, municipal police officer, investigator of a district attorney's office if the investigator is or has been certified as a peace officer in this or any other state,or an investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon. (1973 c.836 s.62; 1979 c.656 s.l; 1981 c.808 s.l; 1991 c.67 s.25; 1993 c.254 s.1; 1995 c.651 s.61 ORS 352.385 352.385 Special campus security officers; authority;training; expense. (1)The State Board of Higher Education may, at the request of any institution under its control,authorize that institution to commission one or more of its employees as special campus security officers. However, the total number of special campus security officers commissioned at the institutions in the State System of Higher Education shall not exceed 50. Special campus security officers shall have stop and frisk authority as set forth in ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of their employment as defined by the State Board of Higher Education. Special campus security officers shall not be authorized to carry firearms as police officers and,except as provided in subsection(3)of this section, shall not be considered police officers for purposes of ORS 181.610®, 238.005 ®, 243.005 ©or 243.736®. (2)The Department of Public Safety Standards and Training shall train special campus security officers at the expense of the State Board of Higher Education. (3)The State Board of Higher Education, acting by and through its special campus security officers, is a criminal justice agency for purposes of rules adopted pursuant to ORS 181.730(3). [1987 c.745 ss.1,2; 1995 c.364 s.1; 1997 c.853 s.371 ®ORS 133.310 ORS 133.310(15) "Police officer" means an officer, member or employee of a law enforcement unit who is employed full time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, Indian reservation,the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or who is a member of the Department of State Police and who is responsible for enforcing the criminal laws of this state or laws or ordinances relating to airport security or is an investigator of a district attorney's office if the investigator is or has been certified as a peace officer in this or any other state. s0 ORS 238.005 PUBLIC EMPLOYEE RETIREMENT SYSTEM DEFINITION: (14)The term"police officer" includes: (a)Employees of institutions defined in ORS 421.005 as Department of Corrections institutions,whose duties,as assigned by the director, include the custody of persons committed to the custody of or transferred to the Department of Corrections and any other employee of the Department of Corrections who was classified as a police officer on or before July 27, 1989, whether or not such classification was authorized by law. (b)Employees of the Department of State Police who are classified as police officers by the Superintendent of State Police. (c) Employees of the Oregon Liquor Control Commission who are classified as enforcement officers by the administrator of the commission. (d) Sheriffs and those deputy sheriffs or other employees of a sheriff whose duties, as classified by the sheriff, are the regular duties of police officers or corrections officers. (e)Police chiefs and police personnel of a city who are classified as police officers by the council or other governing body of the city. (f)Parole and probation officers employed by the Department of Corrections and parole and probation officers who are transferred to county employment under ORS 423.549. (g)Police officers appointed under ORS 276.021 or 276.023. (h)Employees of the Port of Portland who are classified as airport police by the Board of Commissioners of the Port of Portland. (i)Employees of the State Department of Agriculture who are classified as livestock police officers by the Director of Agriculture. 0)Employees of the Department of Public Safety Standards and Training who are classified by the department as other than secretarial or clerical personnel. (k)Investigators of the Criminal Justice Division of the Department of Justice. (1)Corrections officers as defined in ORS 181.610. (m)Employees of the Oregon State Lottery Commission who are classified by the Director of the Oregon State Lottery as enforcement agents pursuant to ORS 461.110. (n)The Director of the Department of Corrections. (o)An employee who for seven consecutive years has been classified as a police officer as defined by this section, and who is employed or transferred by the Department of Corrections to fill a position designated by the director as being eligible for police officer status. (p)An employee of the Department of Corrections classified as a police officer on or prior to July 27, 1989, whether or not that classification was authorized by law, so long as the employee remains in the position held on July 27, 1989. The initial classification of an employee under a system implemented pursuant to ORS 240.190 will not affect police officer status. (q)Employees of a school district who are appointed and duly swom members of a law enforcement agency of the district as provided in ORS 332.531 or otherwise employed full time as police officers commissioned by the district. (r)Employees at the MacLaren School, Hillcrest School of Oregon and other youth correction facilities and juvenile detention facilities under ORS 419A.050,419A.052 and 420.005 to 420.915, who are required to hold valid Oregon teaching licenses and who have supervisory,control or teaching responsibilities over juveniles committed to the custody of the Department of Corrections or the Oregon Youth Authority. (s)Employees at youth correction facilities as defined in ORS 420.005 whose primary job description involves the custody,control, treatment,investigation or supervision ofjuveniles placed in such facilities. (t)Employees of the Oregon Youth Authority who are classified as juvenile parole and probation officers. ®ORS 243.005 LIFE INSURANCE FOR POLICE AND FIREFIGHTERS 243.005 Definitions (2)"Police officer" includes police chiefs and police officers of a city who are classified as police officers by the council or other governing body of the city;sheriffs and those deputy sheriffs whose duties, as classified by the county governing body are the regular duties of police officers;employees of districts, whose duties, as classified by the governing body of the district are the regular duties of police officers; employees of the Department of State Police who are classified as police officers by the Superintendent of State Police; employees of the Oregon State Lottery Commission classified by the Director of the Oregon State Lottery as enforcement agents;and employees of Department of Corrections institutions as defined in ORS 421.005 whose duties, as assigned by the superintendent, include the custody of persons committed to the custody of or transferred to the Department of Corrections institution;but "police officer" does not include volunteer or reserve police officers or persons considered by the respective governing bodies to be civil deputies or clerical personnel. ®ORS 243.736 PUBLIC EMPLOYEE RIGHTS and BENEFITS 243.736 Strikes by certain emergency and security personnel. (1) It shall be unlawful for any emergency telephone worker, police officer, firefighter or guard at a correctional institution or mental hospital to strike or recognize a picket line of a labor organization while in the performance of official duties. ORDINANCE NO. AN ORDINANCE ADDING SECTION 11.48.040 TO THE ASHLAND MUNICIPAL CODE AUTHORIZING CERTAIN EMPLOYEES OF SOUTHERN OREGON UNIVERSITY TO ISSUE CITATIONS FOR MINOR IN POSSESSION OF ALCOHOL AND FOR UNLAWFUL POSSESSION OF LESS THAN AN OUNCE OF MARIJUANA THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following section 11.48.040 is added to the Ashland Municipal Code: 11 48 040 Citations by Special Campus Security Officers of Southern Oregon University. The Special Campus Security Officers employed by Southern Oregon University are authorized to enforce and to issue citations on the Southern Oregon University Campus for minor in possession of alcohol (ORS 471.430) and for unlawful possession of less than an ounce of marijuana (ORS 475.992). The citation and service of the citation shall conform to the requirements of ORS 153.110 to 153.310. 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 Revjeyved as to fo Paul Nolte, City Attorney Page 1 — ORDINANCE(G:WauRordXcitaUon.ord) RESOLUTION NO. 99- A RESOLUTION AUTHORIZING THE ACQUISITION OF AN EASEMENT TO CONSTRUCT, OPERATE, REPAIR, MAINTAIN AND REPLACE A SANITARY SEWER LINE (LEWIS PROPERTY). THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The acquisition and relocation of an easement for the development of plans and designs and for the construction of the above captioned project is necessary and in the interest of the general public. SECTION 2. It is the judgment of the City of Ashland that it is necessary to acquire the easement described in the attached Exhibit A for such purpose. SECTION 3. The city, through the city administrator or his designee, shall attempt to agree with the owners of these properties with respect to the compensation to be paid. If the city administrator or designee is unable to agree with the owners of this easements, then the city attorney is instructed to commence an action to acquire this easement from the owners and any and all persons having or claiming an interest. If it is necessary to commence an action, immediate possession is considered necessary and the funds described in ORS 35.265 shall be deposited with the clerk of the court. 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 Christensen, City Recorder SIGNED and APPROVED this _ day of , 1999. Catherine M. Shaw, Mayor M iewed as to form: Nn� Paul Nolte, City Attorney PAGE 1-RESOLUTION (\FS1\SYS\USER\PAULA\COUNCIL\LEIMS CONDEMNATION RESOLUTION.WPD) SANITARY SEWER EASEMENT An easement over, across and through a strip of land 10.0 feet in width, Northerly and Northwesterly of, when measured normal therefrom, the following described line: Commencing at the South-Southwest Corner of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon. THENCE North 462 . 74 feet and East 485 . 76 feet to a found 1.25 inch diameter Iron Pipe, reported to have been set on the Northeasterly right of way line of East Main Street, and as shown being set in the execution of Filed Survey No. 6041 and called for in Document No. 75-08976 of the Official Records of Jackson County, Oregon; THENCE North 00 degrees 00 minutes 27 seconds East (deed record North 00 degrees 00 minutes ,50 seconds West for a distance of 724 .97 feet, to a 1/2 inch iron pin, located at the Southwest corner of tract described in Document No. 73-05910, of the Official Records of Jackson County, Oregon) and parallel with the East boundary line of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon for a distance of 725 . 12 feet to the Southwest Corner of that tract of land as set forth in Document No. 73-05910 of the Official Records of Jackson County, Oregon for the TRUE POINT OF BEGINNING; THENCE North 89 degrees 52 minutes 57 seconds East (deed record North 89 degrees 53 minutes East, 195.45 feet) & (survey record North 89 degrees 51 minutes 40 seconds East, 195.87 feet to a 1/2 inch Iron Pin) along the Southerly boundary line of said Document No. 73-05910 for a distance of 195. 94 feet to a found 1/2 inch iron rod situated at the Southeast Corner thereof; THENCE continuing North 89 degrees 52 minutes 57 seconds East (deed record North 89 degrees 53 minutes East along the Southerly boundary line of that tract of land as set forth in ,Document No. 73-05911 of the Official Records of Jackson County, Oregon and the Easterly prolongation thereof, for a distance of 371.08 feet to a angle point; THENCE North 51 degrees 23 minutes 53 seconds East for a distance of 41 . 17 feet to a point in the Southwesterly boundary line of the City of Ashland Airport property as shown on Filed Survey No. 6041 and there terminating. Extend and/or shorten the Northerly and Northwesterly easement right of way line to close upon the Easterly boundary line of that tract of land as set forth in Document No. 98-08352 of the Official Records of Jackson County, Oregon and upon the common boundary line between that certain 5 .03 acre tract of land and the SANITARY SEWER EASEMENT Page 2 City of Ashland Airport Property as shown on said survey filed as number 6041 in the office of the Jackson County Surveyor. Also, granting a temporary construction easement, over and across a strip of land 10 .0 feet in width, when measured normal therefrom and being contiguous to and lying Northerly and Northwesterly of,the Northerly right of way line of the hereinabove described Sanitary Sewer Easement. This temporary construction easement shall terminate 60 days after the completion of construction by the contractor and the written acceptance of the project by the City of Ashland. Subject to any and/or easements, and/or rights of way of record and those apparent on the land. GRANTOR: July 14, 1999 J.D. LEWIS SANDRA LEE LEWIS R EGISTERED'�� GRANTEE: PROFESSIONAL CITY of ASHLAND_ LAND SURVEYOR 20 East Main Street Ashland, Oregon 97520 V. ORa 'OM JULY S. 1966 !9$ReTY L HWAIII 799 Surveyor's Registration Renewal Date: June 30, 2000 E3CFII33=01V ' A ref: C98LEYIS.Ieg Council Communication Sanitary Sewer Easement Acquisition Public Works Department October 5, 1999 Submitted by: Paula Brown ?,- Reviewed by: Paul Nolte L)� Approved by: Mike Freeman Title: A Resolution Authorizing the Acquisition of an Easement to Construct, Operate, Repair, Maintain and Replace a Sanitary Sewer Line (Lewis Property). Synopsis: Approval of the attached resolution would authorize the City to acquire an casement to construct, operate, repair, maintain and replace a sanitary sewer line (Lewis Property). This easement is necessary for the placement of the sanitary sewer line to be constructed to serve the Ashland Municipal Airport and others along that line in the future. To obtain the necessary grade for this new gravity sanitary sewer line, easements along two private properties were necessary. One easement was obtained from the Ainsworths, however the Lewises have not consented to grant the other. Recommendation: It is recommended that the City Council approve the resolution authorizing the acquisition of an easement to construct, operate, repair, maintain and replace a sanitary sewer line (Lewis Property). Background Information: Staff has been working with Mr. and Mrs. J.D. Lewis since June in an attempt to acquire an easement over a portion of the two lots owned by the Lewises (39 1 E 11 —tax lots 701 and 702). The attached map shows the location. The negotiations for acquisition of a sanitary sewer easement across the J.D. Lewis property have reached a stalemate. The Lewises had verbally agreed to easement acquisition terms, but are now requesting additional conditions that are not possible to grant. Their current demand is that the City guarantee that their property can and will be annexed to the City in the near future. Staff has explained the annexation process and the fact that there is no "guarantee"until final approval by Planning Commission and Council. Staff has offered several considerations for easement acquisition including a recent offer of $1,561 and a prior combination offer of cash, assistance with annexation applications and unlimited sewer connections to the new line. The Lewises have remained adamant in their insistence on an annexation guarantee. \\FSI\SYS\USER\dawn\ENGINEER\EASEMENnCouncil Communication Lewis Condemnation.doc The construction of the sanitary sewer work for the airport extension has been awarded and needs to begin immediately to avoid possible heavy fall rains. The proposed resolution requires the following actions: 1. An additional attempt to agree with the owners of this property (Lewises)with respect to the compensation to be paid. 2. If the city is unable to agree with the owners of this easement, then the city attorney is instructed to commence an action to acquire this easement from the owners and any and all persons having or claiming an interest. 3. If it is necessary to commence an action through condemnation, immediate possession is considered necessary and the funds described in ORS 35.265 for adequate compensation for the easement shall be deposited with the clerk of the court. \\FSI\SYS\USER\dawn\ENGINEER\EASEMENI1Council Communication Lewis Condemnation.doc • y , �� III��•�I�Ii�. ��� _ 1 7 LTA, IIIIV� u��, Y r w • • • a • Jc �o AM, ° t, �R' From CPS Oct.05. 1999 01:35 PM P01 William Case 7840 SW 51st Ave Portland, OR 97219 Tel: 503-245-5146 Fax: 503-977-2974 (541)488-5311 FAX TRANSMISSION This Fax I Pauas Including This Page October 5, 1999 Attention: Mayor Cathy Shaw Subject: Ashland's Proposed Domestic Partners Registration Ms. Shaw, My wife and I will follow with interest your city's review of the subject matter. We find no alternative but to agree with your commenttPrat approval would be a "significant and symbolic move." It would send the signal t%M-Ashland is more concerned with being politically correct than with the consequeno w of overt approval of aberrant behavior—the encouragement of a choice that is both unhothhy and unnatural. For your information, if this proposal is approved, we would definitely change our plans to spend the night in your city as we travel southward. There are plenty of other towns that exhibit more wholesome attitudes. Very truly yours, William Case cc: Ashland Chamber of Commerce Oct-05-99 12 : 54P Charleen Braunbeck P. 02 October 5, 1999 10 THE CITY COUNCIL: I do not believe it is good for Ashland, and our children, to promote the eay;lesbian agenda by opening up a registry for them_ You can't legislate morality. Likewise, you can't ofFer a "certificate" to those whose sexual lifestyle is different from most of us and expect it to make a change in acceptance. Either they are accepted for who they are or they are not. Thev certainly are covered by the law of the land against discrimination like the rest of us. As a Ion- time citizen of Ashland, I strongly recommend that you vote against the "Registry" and thereby forestall turning Ashland into another San Francisco. Charleen Braunbeck 2324 Black Oak Way From CPS Oct.05. 1999 01:35 PM Pot William Case 7840 SW 51st Ave Portland, OR 97219 Tel: 503-245-5146 lot Fax: 503-977-2974 (541)488-5311 FAX TRANSMISSION This Fax / Pa m Including This Page October 5, 1999 Attention: Mayor Cathy Shaw Subject: Ashland's Proposed Domestic Partners Registration Ms. Shaw, My wife and I will follow with interest your city's review of the subject matter. We find no alternative but to agree with your comment that approval would be a "significant and symbolic move." It would send the signal thtt=Ashland is more concerned with being politically correct than with the consequence$of overt approval of aberrant behavior—the encouragement of a choice that is both unheasetthy and unnatural. For your information, if this proposal is approved, we would definitely change our plans to spend the night in your city as we travel sou#*ard. There are plenty of other towns that exhibit more wholesome attitudes. Very truly yours, William Case cc: Ashland Chamber of Commerce Oct-05-99 12 : 54P Charleen Braunbeck P . 02 October 5, 1999 TO THE C'[TY COUNCIL: I do not believe it is good for Ashland, and our children, to promote the gay/lesbian agenda by opening up a registry for them. You can't legislate morality. Likewise, you can't offer a "certificate" 10 those whose sexual lifestyle is different from most of us and expect it to make a change in acceptance. Either they are accepted for who they are or they are not. They certainly are covered by the law of the land against discrimination like the rest of us. As a long time citizen of Ashland, I strongly recommend that you vote against the "Registry" and thereby forestall turning Ashland into another San Francisco. Charleen Braunbeck 2324 Black Oak Way on From: "Liza K. Christian" <vvndsong@orrtooh.cum> To: Ashland.GVNA("BadbonaC@anh|and.uruo.") Date: 10/5/9310:39P&Y Subject: City Council Hearing un Domestic Partnerships To: Barbara Christensen, City Recorder MIGHT | PLEASE REQUEST THAT YOU CIRCULATE THIS TO MEMBERS OF THE ASHLAND CITY COUNCIL PRIOR TO THE TUESDAY COUNCIL MEETING. THANK YOU. It is my understanding that Councilman, Don Laws introduced the concept of o certificate of domestic partnership program (or resolution)for the City of Ashland and that it will bo voted onot the Tuesday, October 5th meeting. | onna citizen residing in Ashland but ono unable to attend that meeting, therefore, | ann using this oMai|to express nnyconcerns. This entire matter doesn't make sense. Why is the City considering this? Inasmuch os the City keeps nu other records (births' deaths, marriages, divorces, for oxonnp|e). why use the valuable time of the City Recorder and/or support staff for o record that is merely a"social statement"and carries nu legal substance or punch. | also wonder if the fees would actually offset taxpayer costs involved (potential liability, clerical, record storage, ehc.). This opens up the City 10 consider other"reso|utiono" or programs for other groups which could have about as much sensibility as this program. | am opposed 10 the City Council voting to approve this matter. |kc � � OCT-04-99 02 : 11 PM MOUNTAIN TOP PRODUCTIONS 541 482 1849 P. 01 i. � c-T T, OC � 1 _ � I NAT Oct . 5 Iggj P ITE11 - DUMSI \C- PARTrJ R Rt.C�ISTRl� 3 f. Wool orPu � � T ° Tc (}{c �'2oou> AL. To �01ZM q� F X U y� J` ' � '� o t VNL iVC)TH I�J6 �-I� \ T IN t�vAL� �RoM I_ IJiN�r IF TNEr Sa DE..�S�E AT M ,, iiiA� TLi� CrfY \' AL- NOS Co UN\otJ Dn SPM� TrtIt,CT UNk raug- a DA i AK�.c� ACS STA�19 �oR, ScM� t �� it�; T41AT 1S A DUt\,r \ CA I nl TU +10M0 S5 02 OT H� RE_ Tr, Jar, of-LI,7-_k.LJ IS LY Barbara Christensen -Call From Mary Mahoney ' Page 1 From: Sharlene Stephens To: City Council, Greg Scoles, Mike Freeman, Paul N... Date: 10/4/99 2:03PM Subject: Call From Mary Mahoney RE: The Domestic Partnerhip Registry Wanted me to pass on to you that she is definitely against it. They don't need the rights they have now. It won't do much for them. It isn't a marriage. She is morally against the city approving this registry program. Sharlene P. Stephens Legal Assistant City of Ashland, OR (541) 488-5350 Visit the city's web site at: www.ashland.or.us Barbara Christensen -City Council Hearing on Domestic Partnerships T Page 1 From: "Liza K. Christian" <windsong @grrtech.com> To: Ashland.GWIA("BarbaraC @ashland.ocus.") Date: 10/3/99 10:39PM Subject: City Council Hearing on Domestic Partnerships To: Barbara Christensen, City Recorder MIGHT I PLEASE REQUEST THAT YOU CIRCULATE THIS TO MEMBERS OF THE ASHLAND CITY COUNCIL PRIOR TO THE TUESDAY COUNCIL MEETING. THANK YOU. It is my understanding that Councilman, Don Laws introduced the concept of a certificate of domestic partnership program (or resolution) for the City of Ashland and that it will be voted on at the Tuesday, October 5th meeting. I am a citizen residing in Ashland but am unable to attend that meeting, therefore, I am using this eMail to express my concerns. This entire matter doesn't make sense. Why is the City considering this? Inasmuch as the City keeps no other records (births, deaths, marriages, divorces, for example), why use the valuable time of the City Recorder and/or support staff for a record that is merely a "social statement"and carries no legal substance or punch. I also wonder if the fees would actually offset taxpayer costs involved (potential liability, clerical, record storage, etc.). This opens up the City to consider other"resolutions" or programs for other groups which could have about as much sensibility as this program. I am opposed to the City Council voting to approve this matter. Ikc I OCT-04-99 02 : 12 PM MOUNTAIN TOP PRODUCTIONS 541 482 1849 P. 01 V C.1 rta •. C.aT Ny`�i 5+���u Mn��-� OCT - R �: -rQ`� You `iotT Oc.l«.v 1 p OV07, Tc AFG� V-N1 A,.l eotv2>U1JE ltND ;, As 7N �i �tvT7 c_uMnnvNt>Ll� 2�e oG ru I-gin y._ . Ci'E'-I�TL,�( K�gt. � T1CJ l.AIj`_���CV�L� K • f oTtl pQ- 0�_; 1` � 1�1 L'1R- zi�-r> P.a i�-f lJt=-ti:� �r�orn $t✓I1J � :"r.,.. +fi•'S V C-" aU C0'A ul u N I T`f 5l�vv l,D 1 S a N1 ow N D AV c�+t T � Co �`� TtFr LQS�DF i11I S CITY � �ti o v ti -p No rnT n ro u-DIRT l�j•p�c� \Z16NT ±,T, -T ' e+� t• �'� BIF-7 Gu1Ol:=.r7 $`� sTQttr"G .MC),2P L_ 'l1j5 7 OCT-04-99 02 : 11 PM MOUNTRIN TOP PRODUCTIONS 541 482 1849 P. 01 9 a5 �cT. � D 0 l% M� JTFZU rJ G OrPc�,ar r 9 v 'To T�� �'tZ000SAL. To hNI� ITS �� j�<� t Fob }lvnrn,SF x v/�L U 1� CuRR�,N,T� r.. Nc�-r4-> irJE, INn,v,i,vAt-_ IN 7�1G�FZ .� .•.._ 5 �RoM LIJ � 9�Cr So . c��e a; v kl AT MAC, Tries THE C.1 `Y Nb vALtOQ.T� Not TO CorJS�otiE A UNtOt, 1 R T ! S l'P qp t`r-1 Orvr %L MI\Rl� i q=E Wl�� t�lo-t Do SPMe,T rl ItJ6- �; UN� C.it E I THt� DAi A,"n Acs 5 • TA>`19 >ro� Scrt�rtta9t� �NPT 15 A �1tGr� St�,.i�aRD �4r:,D. Dc,t,,yr t�OMog �>A� OR OTF-1� (� OCT-05-1999 TUE 10: 33 AM OREGON EAR NOSE AND THROAT 2541 779 3522 F. 002/003 October 5, 1999 Mayor Shaw, and City Council Members: My name is Dan Prince and I live at 101 Randy St, I am a computer applications developer, a pastor of a small local congregation, a husband, father and a grandfather. I have lived in and loved Ashland for 11 years. I work in Medford at Bear Creek Corp,and I hope to be able to make it back to Ashland in time to address the issue of the Domestic Partnership Program,but in case I didn't make it in time to be included, I wanted to send you my thoughts about this topic. I appreciate the job you each are keep our community so wonderful as a place to live. I wish to begin my comments by saying that the following statements are not statements of intolerance for anyone. I value as dear friends and family members people of all types, preferences and lifestyles,so I have meditated long and hard about this topic and about what might be best for our community.My statements are based on the recognition that we as thinking, feeling beings must base our society upon principles and virtues that beckon us to be the best and purest and strongest that we can be. As such, I fund that a strong society is not always one that is comfortable for our personal preferences, but it is one that will build caring, resilient and fruitful people. Having said that, I wish to raise the question: what is the actual cost of a domestic partnership program? The cost is quite real in several arenas, including these three: the relationships themselves,the community or social effects,and the fiscal impaci. In regards to the arenas of the immediate relationship and the effects to our community,I understand that there are those who feel that this program is needed to recognize a broader range of committed relationships.But this overlooks the terrible social cost such a program would exact upon our community; for the worst casualty would be the undermining of the greatness of true commitment itself. The greatest form of human commitment is that of the life-long commitment acknowledged throughout history as the foundation of a self-renewing society—the covenant of marriage. while individuals can certainly be fulfilled without marriage,no caring society can long survive without this covenant being central to its culture.And to weaken this greatest form of human commitment is to weaken all other healthy forms, for all lesser things draw strength from the greater. Our culture has been built largely upon the understanding that the natural family deserves the most serious of commitments, and that this level of commitment carries with it certain responsibilities, certain benefits and a certain sense of accountability to our neighbors. A domestic partnership program is an attempt to build a culture that secures the benefits of a long- term relationship without the commitment,responsibilities,accountability and perseverance of the same. Our communities—especially our children—are already paying a terrible price because our generation has too often chosen to place our own individual drives above our families' needs. The painful shadow of divorce looms so large because.it is set against the brilliant backdrop of a life- long covenant.The solution to the brokenness of our homes is not to broaden the social recognition and ease the definition of relational commitment.Rather this is the time when we as a community must seek all the more to strengthen the foundations of the marriage covenant and lovingly hold one another accountable to keep true to that covenant—affirming that such a OCT-05-1999 TOE 10: 33 AM OREGON EAR NOSE AND THROAT 2541 779 3522 P. 003/003 commitment is indeed something greater than ourselves. While as a pastor I am not deluded about the difficulties and failures in many marriages, nonetheless,I have seen time and time again that such a covenantal commitment can carry with it the strength to fulfill love for a lifetime. Anything less is just that something less. Recent surveys have shown that marriages of people who have first lived together stand a 50%- 100% greater chance of ending in divorce.Research done jointly at Yale and Columbia Universities found that the divorce"rate for women who cohabit premaritally with their future spouse are, on average, nearly 80 percent higher than the rates of those who do not".This shows the failure of most domestic partnerships to instill the necessary components for a life-long committed relationship.This is certainly no less true for same-sex couples as it is for heterosexual couples.Why is our city so anxious to officially affirm a state of relationship that weakens the potential of those citizens to successfully engage in deeper life-long commitments?And why do our city leaders want to pursue a program that ultimately undermines the foundations of our society?This is simply too great a price to pay in.the name of"open-mindedness"or"diversity". As for fiscal costs, may I ask why the City is suddenly going into the personal records business, when the County always handles these kinds of records?Why should the city's taxpayers have to pay for a service that, as mentioned before, does not offer an overall benefit to our community? And what about the possible cost of legal challenges to this program?Just recently,domestic partnership laws in cities across the state of Massachusetts were struck down by the state's Supreme Judicial Court. The lead counsel for the American Center for Law and Justice states, "The Massachusetts Supreme Court sent a very loud and very clear signal that the institution of marriage cannot be changed by a mayor,that it violated state law.This is a major victory for marriage and a major victory for the family." Are the citizens of Ashland prepared to or even inclined to defend such a program against possible legal challenges? By the way,there is no guaranty that hospitals or other institutions will honor a domestic partnership certificate,but they are usually quite willing to abide by the expressed wishes of the patients—especially our wonderful community hospital here in Ashland. I will close by asking you,our city leaders,that if you are determined to put the city in the business of defining or defending relationships, then please do not implement a domestic partnership program. Instead, seek ways to restore and strengthen the proven foundations of the covenant of marriage and the family..As a parent and as a spiritual leader in this community, I am asking usto continue to build our community on the virtues and principles that challenge us to be all that we were created to be. Thank you very much for this opportunity to express these thoughts. By His grace, Dan Prince Pa e 1 From: "Morris Family"<morrisfam ily@wave.net> To: Ashland.Main(Paul) Date: 10/5/99 2:16PM Subject: Domestic Partners Registry Dear Paul Nolte, We are angered by the use of this council to waste time and money over legislation which undermines the foundation of our country and indeed the whole world—the traditional family. There is no good reason to create a system for recognition if illicit unions.Attracting unnecessary attention toward same-sex relationships and unmarried unions is going beyond the natural and constitutional right of life, liberty, and the pursuit of happiness,which they already seem to Flaunt. It is a dangerous step toward validating and legalizing illicit, immoral relationships. No matter how you cut it, this nation was founded "under God, indivisible,with liberty and justice for all". Our forefathers did not intend that liberty and justice be without boundaries (as this registry implies in a moral sense). Please get your heads straightened out,forget popular opinion and get on with more important business at hand. Sincerely, Rick & Sandy Morris } N" a fn w� aU Y " O °4 N fn a C a [C4 O O W W W WNW O O N W N W U c W W V : V Q� LO L o c V o ya. ° A 9 C 0. Obi P a o o u a a y °o E m 3 x c u o c. � U o a u `� U s a u L° :2 U_ a g cc c m ° w rey U o v � w y .� £°. o oc ° ° ? p _ q d ao• e U o, e °o C u U F �$. � C o o E o-� �t m y v o H E d vi d o o o c e Ja rn d o °C 5 e y v o F F N ° m �0 N N p V N z 'Ai .2 ti C a-0 O o C7 c o b N EL ora e@oq —�oof°n' 0 °n a o ° i d oE u "r e�u R) o o > ° w o °ao Ha w c O b f W SE$ �u 2 m w U U V W T N N N N N ■ ■ & � 0 o § � 3 c / � k � 2 / L6 l)I } k§ / \ A ; \ \ o - � � \ k- \ 'E © \ 0 ' \ g O » § t § \ \ � \ / k / ( \ }= E & G _ ro Z 4 a / ® ) ;a o ® _00° [ = \ aa � � � / ; re ^ i ) ) Ee30, rw " C5 z: \ � § 2 \ ee 0 2 ) u ooco - ® ! a = e , § © = @ so ? E \ ? ) ■ 5 § 34 _ 9 - § \ % « - t » § 225 & ® » « = o � � « § - 2 \ ) § t � ° 3s » 0 ° ® A e & ) .& ; { PW � ) ) ) , Jt33aa70 to § § \ � & % ] Ea #w ° ° § r ) [ / ] � $£ � 2a = = tea . b4ta _ e � _ 42t ) ) \ £ - 0K � e � ■ l ; ; ; § § � .( & ) ) A / f ( § / ± / / § 6ia / & e / & � zue ANNE & AL BODIN 1 t9 CYPRESS CIRCLE ASHLAND, OR. 97520 October 5, 1999 To: Members of Ashland City Council Re: Ashland Watershed Fire Hazard Reduction We have considered the many articles and information submitted concerning the Ashland Watershed Fire Hazard Reduction issue over the past number of months. U. S. Forest Service District Ranger Linda Duffy proposes a #5 alternative which we fear will put large diameter trees in jeopardy of removal. As much as possible, we favor a less invasive solution while at the same time recognizing the need for prevention of fire hazard risks and the importance to financially recover monies that would be lost in timber sales that would not go forward. A committee of dedicated and knowledgeable people has been hard at work to find solutions which will not degrade the environment with clear-cut and past methods that have left devastating results. Some very positive suggestions have developed which deserve serious consideration. We support these efforts and trust the City Council members will also favor gentler alternative approach so that we can have public safety as well as environmental consciousness in our decision-making. Thank you for your consideration of the above. Sincerely yours, Al and Anne Bodin CITY OF ASHLAND ti ayOf AS�y�,,. Department of Public Works . Public Works Administration - w'• O MEMORANDUM REGO� . DATE: September 29, 1999 TO: City Council FROM: Forest Commission RE: Ashland Watershed Protection Project — Draft Environmental Impact Statement / Forest Commission Preliminary Recommendation We, the Ashland Forest Commission, agree there is a need to intervene with hazard reduction work, not just within the "proposed project area," but across the entire Watershed landscape. We are in support of concepts and principles that develop a more holistic and environmentally sensitive alternative that more accurately expresses the relationship between our community and the ecosystem in which we live and depend upon. Several of the alternatives proposed in the DEIS have features important to consider, however, none of the alternatives taken alone, is entirely adequate as proposed. The 17" diameter limit of Alternative 4 is too restrictive while Alternative 5 appears to remove too much of the forest overstory in some locations. We advise, therefore, that an alternative based on a combination of features from Alternatives 3, 4 and 5 be designed according to the following principles. The Ashland Watershed Stewardship Alliance is currently designing such a proposal. - substantially reduce fire hazard - maintain ecological integrity - minimize soil erosion - enable community stewardship opportunities - flexible prescriptions based on site-specific information An example of these principles can be applied to proposed underburn units on areas above the reservoir (Units I, J, K, L, M). It is clearly in the city's interest to reduce soil erosion to a minimum, yet the EIS states that underburning will generate a greater amount of sediment than the manual pile and burn method. Therefore, we advocate for a pre-treatment consisting of manual cutting and burning to thin out conifer sapling patches and Manzanita patches. This would reduce the potential for hotspots and associated erosion. This approach is a combination of Alternatives 3 and 5. F:WSEMclawnTORESMatershed Protection Plan Counci Recommendation.doc 10;0I199 FRI 14:05 FAX 541 858 5128 SEN. RON MEN - ORE t�001 UNITED STATES SENATE /Too' RON WYDEN CG� A.- Fes A' ORECU /lam Facsimile Transmission From Senator Ron Wyden Federal Courthouse 310 W. 6th Streer, Suite I IS Medford, OR 97501 (541)858-5122.- Voice (541)858-S126 Fax To: Gtiw�' C9u�e�e ��� C►�y Sc , From: \y>a j Date: Notes: it"w—" There Are �Z' Pages To This Transmission, Including This Cover Sheet. If You Have Experienced Any Difficulty, Please Contact V At The Above Number. 1.0/01/99 FRI 14:06 FAX 541 858 5126 SEN. RON MEN — ORE U002 RON WYDEN `United Staten senate OREGON WASHINGTON,DC 20510-3703 March 24, 1999 ce„u,dn.W Mr. Robert Williams Budget Regional Forester, Pacific Northwest Region Commerce.Science &Transportation USDA Forest Service Energy&Natural Resources 333 SW 1st Environment&Public Works Special Committee on Aging Portland, OR 97208 pe""'o: Dear Mr. Williams: ❑717 Hart Building Washington.DC zgs,o 37g3 1 Izpzl zaa-szm am writing to urge your support of a unique hazard reduction planning process going on in the Ashland Ranger District Of the Rogue River National Forest. O The Jamison Building In order to achieve the reduction of hazardous fuels in the Ashland watershed, the 131 NW Hawthorne Ave' Suite 107 district ranger has embarked on a unique process of community involvement to try 454113030-9142' and create a new model for stewardship on federal lands. Much of the Ashland Ranger District is designated Late Successional Reserve which ❑ 161 weal 7th Ave Suite 436 limits the viability of commercial timber harvests for hazard reduction work. The Eugene,OR 97401 Forest Service is attempting to build partnerships with the city of Ashland and 4a,)a3,-02za members of the community to design fuel reduction projects that benefit both city and federal land, and have broad support within the community. One proposal is to D Sec Annex Building use a large volunteer corps for much of the work that needs to be done, and do it 105 Fir St Suits 210 in phases over a period of several years. Le Grande.OR 97850 (541)962-7691 This type of community building and crafting of federal, local and private partnerships should be encouraged. This was the goal of the Wyden Amendment, o U.S.Courthouse which as Y ou know, allows federal funds to be used on private lands when the work 310 West 6th$t Roam lie will benefit the entire watershed. I encourage you to support this community driven Medford,OR 97501 4541)858122 approach to hazard reduction work in the Ashland Ranger District. O 500 NE Multnomah St Sincerely, Suite 320 &7L/ Portland,OR 97232 (503)326-7525 RON WYDEN C3 777 lain St.SE Suite 110 United States Senator Salem,OR 97301 (503)589555 e-mail: senstor@wyden.eenete.gov v eb site: w .aenste.gov/-wyden/ PRINTED ON RECYCLED PAPER e9/30/3F999 08:04 1-541-488-1923 FINE ASHLAND ORE USA PAGE 01/02 J. David Fine, Attorney at Law 50 Tldf4 Stmet, P.O. Box 66 Ash6d, o.g,,,97520 USA T,1- (541)488-11158 1-ax; (541)488-19223 FAX COVER S11111"EllET FAX NUMBER TRANSMITTED TO: To: Of.. From: J. David Fine Client/Matter: Date and Time: SEP 3 0 1999 (Oregon local time) g" -ZX aERi IR Total number of pages (includin this cover sheet COMMENTS (as ol"ed): • original will follow by domestic first class mail or international air mail, as appropriate. • Original will follow by overnight delivery. C) C)0j..7-FM=.Z-rjA_T. AND FOR NAMED f Z=APIENT (DNJLT U -LY AT(541)489-1458. IF YOU DO NOT RECEIVE ALL PAGES,PLZASE TELEPHONE us oANEDIATE WdWjA 09/30/1`999 08: 04 1-541-488-1923 FINE ASHLAND ORE USA PAGE 02/02 MEMORANDUM 0 To: Mayor Cathy Shaw From: David Fine Date: 30 September 1999, 0733-L Subj.: "Advertising" Contract I understand from this morning's press reports that the"advertising contract"now the subject of public discussion has grown to a value in excess of $100,000. Oregon law specifically requires that"public improvement contracts"in excess of$100,000, for which public bidding has not been used,be reviewed retrospectively for,"An objective assessment of the use of the alternative contracting process . . . ." (See ORS 279.103.) While "advertising" as well as the much broader categories of marketing and public relations services are not within the definition of`public improvement contract" found in ORS 279.011.(8), I believe it would be in the public interest for a report to be delivered by your office to the Ashland City Council, sitting as the City Government's Local Contracts Review Board,per ORS 279.055 and AMC 2.50.010. I would ask that this report be framed to allow the City's Local Contracts Review Board to convene in special session on an early date and to do two tasks: (a) To review the history of the transaction, and thus to assure the people that State and City public contracting requirements have been met in this instance; and, equally as importantly (b) to reassess the adequacy of Ashland City Government's public tendering ordinances, resolutions, and policies in light of this experience, and having regard to the expansion of City Government services into new fields of endeavor in recent years. cc: Council Colleagues Mike Freeman Paul Nolte H:\city99\pub conl.wpd