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HomeMy WebLinkAbout2012-0619 Council Mtg PACKET CITY OF -ASH LAN D IIflportan r.Any crunnmay orally address the Council"on non agenda items dur,ng�the Pubhe Forum My clhun may submit wntten comments to the Council on any item on the AgenA unless it is the sub�cC of a publii fiwrmg and the record is closed T1me pelrnittmg,the Presiding0fficer may allow oral testimony...If you wish to speak,please fill out the Speaker Re quesfform located near the rntrance to the Council . Chambers. The chair will recognize you and infoml you as to the,amou rt of time allotted to you if any .The time granted will he depend,�t to some extent on the naNrc of the item under discussion,the number of people who wish to speak,and the IrngtIt of the agenda _ AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 19, 2012 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting I. CALL TO*ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of June 4, 2012 2. Business Meeting of June 5, 2012 A. SPECIAL PRESENTATIONS &AWARDS None VII. CONSENT AGENDA ' 1. Approval of Commission, Committee, and Board Minutes 2. Approval of Airport Rate Resolution 3. Award of a contract to the apparent low bidder on the Hersey/Wimer re-alignment project. 4. Award of a contract to the apparent low bidder on the.Ashland Creek bank restoration project ' ' 5. 2012-2013 Chamber of CommerceNisitor & Convention Bureau and Oregon Shakespeare Festival tourism promotion contracts 6. Approval of a special procurement from Neilson Research for water quality testing 7. Approval of a sole source procurement from Dry Creek Landfill 8. Approval of a contract with Pathway Enterprises for janitorial services 9. Appointment of Sylvia Schmelling to the Band Board 10. Re-appointment of Doug Diehl, M.D. to the Ashland Community Hospital Board of Directors 11.Approval of a resolution titled, "A resolution transferring appropriations within the FY 2011-12 budget" 12. Approval of a resolution titled, "A resolution adopting a supplemental budget COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US establishing appropriations within the 2011-2012 budget" 13.Approval of a ground lease for the Civil Air Patrol hangar 14.Approval of an amendment to the contract with Urban Development Services, LLC for additional costs on the Hersey/Wimer.re-alignment project VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or bd'extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) 1. Public Hearing to increase miscellaneous fees and charges IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. A Resolution adopting an opt-out policy for the Automated Meter Reading Program and repealing resolution No. 2012-14 XI. NEW AND MISCELLANEOUS BUSINESS 1. Discussion of elimination of Rogue Valley Transit District (RVTD) fare reduction program and increase in funding for the bus pass program 2. Discussion of whether to refer to the November ballot an advisory resolution expressing City of Ashland's support for a Constitutional amendment to eliminate "personhood" for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. November 2012 Local Option Levy for enhanced library services draft ballot measure and approval of a resolution titled, "Resolution of the City of Ashland and Jackson County, Oregon to submit to the voters at the November 6, 2012 General Election a funding initiative to levy up to $.21 per$1000 assessed property value for the purpose of providing enhanced library services at the Ashland Public Library for a period of four years beginning July 1, 2012" - 2. Approval of a resolution titled, "A resolution amending the pay schedule for management and confidential employees for Fiscal Year 2012-2013 and Approval of a resolution titled, "A resolution of the City of Ashland clarifying certain conditions of employment for management and confidential employees and repealing Resolution 2011-21" 3. Second Reading of an ordinance titled, "An ordinance levying taxes for the period of July 1, 2012 to and including June 30, 2012, such taxes in the sum of$10,083,098 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County,Oregon." f. 4. Second Reading of an ordinance titled, "An ordinance amending the development standards for wireless communication.faciltiies in 18.72.180 of the Ashland Municipal Code and Land Use Ordinance" . 5. Second Reading of an ordinance titled, "An ordinance amending AMC Chapter 10 Public Peace, Morals, and Safety by adding Sections 10.120 'Persistent Violations' and 10.125 'Persistent Failure to Appear'." and - Second Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General Penalities, Section 1.08.005F., 1.08.0101A.(1), and 1.08.020 to Effectuate COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US Proposed Ordinance Adding AMC 10.120 'Persistent Violation' and AMC 10.125 'Persistent Failure to Appear'." 6. First Reading of an ordinance titled, "An ordinance amending the general regulations chapter (18.68) if the Ashland Land Use Ordinance to establish setback requirements for chicken coops and chicken runs" and First Reading of an ordinance titled, "An ordinance establishing provisions within the health and sanitation chapter(9.08) of the Ashland Municipal Code for the keeping of chickens within residential districts" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting, please contact the City Administrator's office at(541)488-6002(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US C17 Y L UU7V UL J7 UUY.StJJ7UlV June 4, 1011 Page I oft MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL June 4, 2012 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:33 p.m. in the Siskiyou Room. Councilor Voisin, Morns, Lemhouse, Slattery, and Chapman were present. Councilor Silbiger was absent. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Goal setting session with the Ad Hoc Homelessness Steering Committee The following ad hoc Homelessness Steering Committee(HSC) members were present for the discussion: Regina Ayars, Graham Lewis, Laura O'Bryon, Heidi Parker, Sarah Powell, Linda Reid, Connie Saldana, and Paula Soh]. The HSC and Council determined the Committee would research facts, pros, cons, and choices regarding homelessness and near homelessness in the community and provide Council with information to help make decisions, find resources and determine needs. HSC expressed concern regarding the need for a day center or shelter, would research it further and respond to Council with results and viable alternatives. Additionally the Committee would research homeless prevention programs, outreach, and educating people on available resources. They went on to discuss the Community Connect event June 22, 2012 at the Medford Armory and possibly hosting a similar event on a smaller scale in Ashland. Council reaffirmed regular updates with the HSC who would provide quarterly reports. Council directed the HSC to determine the feasibility of establishing a Veteran's Court within the Municipal Court. Mayor Stromberg suggested a meeting with Linda Reid, Councilor Morns, and Commissioner Parker to create a statement for the HSC and forward to Council in the near future. 3. Continued discussion: Closing the feedback loop with the City Administrator City Attorney Dave Lohman explained there was a provision where Council majority could add an item to the agenda during the meeting or a subsequent meeting in an emergency but that stipulation was not a firm limitation. A single Councilor could request the City Administrator to add an agenda item as long as it did not require more than two hours of staff time. Placement on the agenda, which meeting and time needed,was at the discretion of the City Administrator. However, Council could override the City Administrator. A proposed agenda item that required more research needed to go to the City Administrator in a timely manner with a motion at the meeting to add it to the agenda. If a single Councilor added an item to the agenda, another Councilor could make an objection to the consideration of the item. If the objection received a 2/3 majority vote to remove the item, it went off the agenda without discussion. This objection did not require a second. An opposing Councilor could also make a motion to postpone the item indefinitely to allow discussion. This would require a second. C:77'Y UUUIVC.7L J7"UUY NLNSJUN June 4, 2012 Page 2 of 2 Council agreed on a trial basis to maintain the right of a single Councilor to add an item to the Business Agenda by bringing it to a Study Session meeting prior for discussion. If Council disagreed on supporting the agenda item, the initiating Councilor could bring it to a regular meeting. If it was an urgent item, the City Administrator or Mayor would make the decision to add it or the initiating Councilor could propose it during the business meeting via a motion. Mayor Stromberg addressed how Councilors interact with each other, the need for cooperation, and enforcing the Council rule against negative personal remarks. Council agreed to discuss having Commission reports at the beginning of Council meetings and the possibility of televising Study Sessions at a future meeting. 4. Discussion of potential City Council support of Jackson County ordinance banning genetically modified crops (request of Councilor Slattery) Councilor Slattery noted the negative impact genetically modified organisms (GMOs) had on organic farming and promoting organic fanning throughout the valley. He wanted Council to contact Jackson County in support of a ban on GMO crops. City Attorney Dave Lohman explained the City could pass a resolution urging Jackson County to ban GMOs. Citizens could also start an initiative petition and organic farmers could sue GMO farmers through toxic weed regulation or pesticide regulation that may or may not stand in court. Jackson County Commissioner Don Skundrick explained the Board of Commissioners Work Session June 19, 2012 was a fact-gathering meeting that would decide whether to take action, and determine if it was legal to ban GMOs. A public meeting would follow and a resolution from the City of Ashland would have more impact at that time. Council directed the City Administrator to add banning GMOs to a future agenda. 5. Other business from the Council City Administrator Dave Kanner discussed options for salary adjustments for management and department head positions within the City. Meeting adjourned at 7:34 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND C171 C,UUNC,7L MLE111V 7 June 5, 2012 Page 7 of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 5, 2012 Council Chambers 1175 E.Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Moms, Slattery, Silbiger, and Chapman were present. Councilor Lemhouse arrived at 7:15 p.m. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Tree Commission, Public Arts Commission, Housing Commission, and the Audit Committee. APPROVAL OF MINUTES The minutes of the Executive Session of May 14, 2012, Study Session of May 14, 2012, Executive Session of May 15, 2012, and Business Meeting of May 15, 2012 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of June 14, 2012 as Flag Day in Ashland was read aloud. Senora Chela Day, representing the Ashland Amigo Club, introduced Ashland High School Princesses Nora Godfrey and Kyanna Kuriyama who gave a brief presentation of what they would perform during their stay in the City Sister of Guanajuato, Mexico June 13, 2012. CONSENT AGENDA 1. Approval of minutes of Boards, Commissions, and Committees 2. Approval of a Liquor License Application for The Tudor Guild 3. Appointment of Deborah Miller to the Planning Commission Mayor Stromberg explained that Consent Agenda item 42 was pulled from the agenda. Councilor Morris pulled Consent Agenda item #3 for discussion and stressed the need to have applicants agree up front to Commission requirements and not terminate then re-appoint members when excessive absenteeism occurred. Councilor Voisin/Slattery m/s to approve Consent Agenda items #1 & #3. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. First Reading of an ordinance titled, "An Ordinance Amending the Development Standards for Wireless Communication Facilities in 18.72.180 of the Ashland Municipal Code and Land Use Ordinance." Planning Manager Maria Harris explained the ordinance addressed the Council's interpretation of the November 2010 appeal, included a third party review requirement, and clarified what equipment could be replaced with a building permit. A third party review required the applicant to submit an additional fee along with their application. The City would hire an independent contractor to review the application. Several nationwide firms focused on independent reviews for municipalities. Equipment replacement ANHLANU U1I Y UUUNUL MEL17NU June 5, 2012 Page 2 of 9 allowed a height increase but had to remain consistent with the original approval and design standards. A resolution would cover associated fees. City Attorney Dave Lohman explained case law defined gaps in service and varied from district to district. Having a specific definition for gaps in service in the ordinance increased actual gaps in service claims. Public Hearing Open: 7:22 p.m. Rod Newton/1196 Timberline Terrace/Spoke in favor of the new ordinance and staff's involvement with the citizenry. He thought ordinance should have stricter definitions for gaps in service and setback requirements. He provided examples why third party reviews were necessary. Jim Fong/Leonard Street/Supported the ordinance, and appreciated how staff involved community in the process. Public Hearing Closed: 7:27 p.m. Councilor Lemhouse/Voisin m/s to approve the First Reading of an ordinance amending the Development Standards for Wireless Communication Facilities in 18.72.180 of Ashland Land Use Ordinance, and request that the ordinance be brought back for Second Reading on June 19, 2012. DISCUSSION: Councilor Lemhouse supported the third party review. Councilor Voisin expressed appreciation regarding staff and citizen involvement. Councilor Silbiger did not think the ordinance addressed current issues. He supported the third party review, but would not support the motion. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, and Chapman, YES; Councilor Silbiger, NO. Motion passed 5-1. 2. Approval of three resolutions titled, "Resolution Adopting the Annual Budget and Making Appropriations", "Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions","Resolution Declaring the City's Election to Receive State Subventions" and Approval of an ordinance titled,"An Ordinance Levying Taxes for the Period of July 1,2012 to and Including June 30, 2013, Such Taxes in the Sum of $10,083,098 Upon all the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County,Oregon" Acting Assistant City Administrator Lee Tuneberg noted a correction to a Public Notice regarding the budget message that did not include where budget documents were stored online. Budget recommendations included increasing staff levels in the Community Development and Fire Departments, allocating funds to the Police and Fire Departments, and adjustments to capital project work in the Public Works that would increase the Ending Fund Balance. Auditors recommended reclassifying the $263,000 from the Parks and Recreation Fund to the General Fund as a payment instead of an operating transfer. Staff could request a rate increase to the Electric fund in August, depending on the outcome of the Opt Out Policy for automated meter reading, how revenues and expenses performed, and what Bonneville Power Administration (BPA)charged the City for wholesale power. Public Hearing Open: 7:40 p.m. PUBLIC TESTIMONY Keith Haxton/l10 7'h Street/Spoke regarding the $485,000 appropriated for golfing and thought the money should go towards other things. AJHLANU U14 Y CUUNCIL MLL711VU June 5, 2012 Page 3 of 9 Councilor Slattery clarified the golf course was an enterprise fund that currently made a profit. Mayor Stromberg added the $485,000 allocation covered operations. Public Hearing Closed: 7:43 p.m. Councilor Chapman/Voisin m/s to approve Resolution #2012-15 titled "Resolution Adopting the Annual Budget and Make Appropriations. Roll Call Vote: Councilor Voisin, Morris, Slattery, and Chapman,YES; Councilor Lemhouse and Silbiger,NO. Motion passed 4-2. Councilor Chapman/Morris m/s to approve Resolution #2012-16 titled, "Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions." Roll Call Vote: Councilor Morris, Voisin, Lemhouse, Slattery, Chapman, and Silbiger, YES. Motion passed. Councilor Chapman/Mortis m/s to approve Resolution #2012-17 titled A Resolution Declaring the City's Election to Receive State Revenues. Roll Call Vote: Councilor Chapman, Silbiger, Slattery, Lemhouse, Morris, and Voisin,YES. Motion passed. Councilor Chapman/Silbiger m/s to approve First Reading by title only of an ordinance titled, "An ordinance Levying Taxes for the Period of July 1, 2012 to and Including June 30. 2013, Such Taxes in the sum of$10,083,098 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon" and move the ordinance to Second Reading. Roll Call Vote: Councilor Chapman, Morris, Voisin, Slattery, Silbiger,and Lemhouse, YES. Motion passed. PUBLIC FORUM Thomas Beam/400 Liberty Street/Spoke regarding the Chamber of Commerce's Best Practices Subcommittee that will look at reducing waste for the 41h of July celebration and Christmas parade. John Tyler/812 Plum Ridge Drive/Submitted a document into the record and spoke on the Move to Amend movement, requested Council add it to the ballot for the fall election, and strongly encouraged Council to place the issue on an agenda to give citizens an opportunity to express their opinions. Donna Swanson/863 Plum Ridge Drive/Submitted a document into the record, spoke on behalf of small businesses and asked Council to consider the impact of the Supreme Courts Citizens United decision. She urged Council to add it to the ballot for discussion. Maryline White/930 No Mt Ave/Submitted a document into the record, shared her background and stated that corporations were not people, and asked if Council they would let their daughter marry one. Elizabeth Hallett/938 Mt Meadows Circle/Spoke on abuses done to planet earth, descendants, and the 5,000 amputees in 1945 that she nursed. She equated their flesh and limbs to preserving democracy, supported Move to Amend, and submitted a document into the record. John Limb/606 Iowa Street/Supported Move to Amend, wanted it added to the ballot for the fall election followed by a resolution from Council. He asked Council to discuss the item at the next Council meeting. April Metternich/545 Pearl St, Medford, OR/Explained she was an artist and wanted to sell her artwork in Lithia Park but it was against City policy. She felt the policy violated her First Amendment ANHLANU CRY CUUNC/L ML'.t77/Vli June 5, 2012 Page 4 of 9 rights and cited cases to support her statement. Pam Vavra/457 C Street/Asked Council to make a statement supporting a ban on genetically modified organisms (GMOs) even if the County found they did not have the authority to ban them. This was a matter commonly disputed among attorneys. City Attorney David Lohman addressed selling art in the park. He confirmed art and commercial art were protected by the First Amendment but municipalities regulated it using appropriate time, manner, and place. The Parks and Recreation regulations qualified as appropriate time, manner, and place. Mr. Lohman went on to confirm that citizens could pass a resolution through initiative petition. Councilor Voisin/Slattery m/s to add Move to Amend to the next agenda and have Council consider putting it on the November ballot. DISCUSSION: Councilor Voisin commented Council had the ability to add Move to Amend to the ballot for public consideration. Councilor Slattery wanted community to come forward with a petition in the fall. Councilor Silbiger added that Council approved Resolution 2012-07 Regulation of Campaign Contributions that specifically addressed the Citizens United ruling. He encouraged citizens to collect the signatures needed to put it on the ballot adding they did not need Council involvement to act. Councilor Voisin wanted to add it to an agenda and have staff clarify the citizen initiative and petition process. Councilor Slattery thought the motion was different from Resolution 2012-07 and more about clarification on adding an item to the ballot, the citizen's role and how Council assists in that process. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, YES; Councilor Silbiger and Chapman, NO. Motion passed 4-2. NEW AND MISCELLANEOUS BUSINESS 1. Quarterly update of the Economic Development Strategy and presentation by SOU class regarding quality of life indicators Ashland Chamber of Commerce Executive Director Sandra Slattery, Board member Jim Teece, and local consultant Rebecca Reid provided results from the Business Retention & Expansion(BR&E) Survey. Ms. Slattery explained the intention of the survey was to identify strengths, weaknesses, challenges, and opportunities in the current economy to determine how to assist existing businesses to stay and grow in Ashland. Survey questions focused on educational needs, investment capital, and future physical growth needs and barriers, the variety of business, local reliance, sustainability, establishing an ongoing data set and improvement recommendations. Mr. Teece provided background on the interview committee and process that resulted in interviewing 32 businesses representing 2,200 employees. Ms. Reid shared highlights of the survey. One third of the companies deliberately moved to Ashland that resulted in hiring 55 people. There were gaps related to work force skills and training. The past three years showed that businesses maintained or grew with 41% of the businesses planning to expand over the next three years. Recommendations for a healthy economic future included expanding communication between the City and business community, addressing the perception that Ashland was anti-business, maintaining balance between policies and politics regarding sustainability and pro-business policies. Promote Ashland's assets like quality of life, environmental values, high-speed technology, and AFN. Encourage companies that provide high skilled jobs to move to Ashland. Provide more training in technical fields for workers and students. Focus on community outreach, and increase networking between businesses and resource AJ'HLA/VV C17-Y CUUNC.YL MLLIJIVO June 5, 2011 Page 5 of 9 sharing. Ms. Slattery explained the next steps involved increasing marketing and communication, education and training, and addressing expansion needs. The Chamber would work with City staff to develop an economic development-marketing plan, educational training, and a business resource and assistance program in coordination with educational facilities in the region. Regarding expansion, there was interest in becoming part of the Jackson County Enterprise Zone and E-Commerce overlay. The Chamber's Rapid Response Team would meet with existing businesses that identified expansion issues to determine how the Chamber can assist businesses to remain and grow in Ashland. Professor Eva Skuratowicz, from Southern Oregon University (SOU) Anthropology and Sociology 401 class and SOU students Whitney Head-Burgess, Kim Lovelace, and Tori Jeter reported on the Local Quality of Life research the class conducted. They defined quality of life as how community residents perceived the key elements of living in Ashland. Ms. Head-Burgess addressed the Affordability section of the survey. Focus groups indicated high housing costs affected diversity, impeded young families from moving into the area and negatively impacted economic development within Ashland and thought increasing availability of affordable housing would help strengthen the local economy. People moved to Ashland, made sacrifices to stay due to the quality of life. Ms. Jeter spoke regarding Affordability and Economic Development. Two thirds of the respondents were neutral or dissatisfied with employment opportunities citing limited opportunities, difficulty finding employment that paid a living wage and the lack of career advancement. Local business owners expressed extreme difficulty finding full-time and long-term employees. Most people traded career advancement and having a larger hiring pool in order to live in Ashland. The majority wanted economic development to occur on a small and local scale and wanted sustainable growth while maintaining fundamental values of the city. Ms. Lovelace shared results on the Nature, Community, and Raising Children portion of the survey. The sense of community was a major reason people chose to live in Ashland. The number one reason was nature and recreational opportunities. Raising children amidst the sense of community, and natural environment was worth sacrificing affordability. Additionally the schools were good. Professor Skuratowicz summarized citizens were making significant sacrifices or trade offs for the sense of community, the natural environment, and education. She recommended future research and surveys overtime, and addressing the disconnect between employers and employees. ORDINANCES.RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 10.46 Prohibited Camping, Clarifying Section 10.46.010 Definitions". Keith Haxton/110 T° Street/Submitted documents into the record and noted the main problem with the ordinance was that it expanded the definition beyond camping to sleeping and infringed on First Amendment rights. He urged Council not to pass the ordinance and at the minimum retain the ordinance as currently written. Jesse Sharpe/2227 Dollarhide Way/Thought the methods to enforce the ordinance was a direct violation of the 1992 Supreme Court Decision in the case of Papachristou v. Jacksonville Florida. He explained how it pertained to the ordinance adding the ordinance itself was vague and citizens would universally AJHLANO U17'Y C"UNCIL Mtt771V(i June 5, 2012 Page 6 of 9 break it. He urged Council not to pass the ordinance. Councilor Chapman/Slattery m/s to approve Ordinance 43063. DISCUSSION: Councilor Voisin would not support the motion because she thought it was unconstitutional and the City needed to provide alternatives for those who were homeless. Roll Call Vote: Councilor Silbiger, Lemhouse, Chapman, Morris,and Slattery. Councilor Voisin,NO. Motion passed 5-1. 2. Second Reading of an ordinance titled, "An Ordinance Adding AMC 9.08.280 Feeding of Deer, Raccoon,and Potentially Habituated Wildlife Prohibited Within the City Limits of Ashland." Councilor Morris/Voisin m/s to approve Ordinance #3064. Roll Call Vote: Councilor Chapman, Slattery, Silbiger,Voisin, Lemhouse, and Morris, YES. 3. First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 `Persistent Violations' and 10.125 `Persistent Failure to Appear'." and First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 1.08 General Penalties, Section 1.08.005F., 1.08.O101A.(I), and 1.08.020 to Effectuate Proposed Ordinance Adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear'." Councilor Slattery disclosed his wife was the Executive Director of the Ashland Chamber of Commerce and declared there was neither an actual nor a potential conflict of interest regarding the matter. Police Chief Terry Holdemess described the map areas that depicted 10 reporting districts. Area 4 was one of the smaller reporting districts and was located downtown. This section received 4,000 or 40% of the calls to the police as compared to the largest district, Area 1 that received 7,000 calls for service over the past year. Statistics showed 500 citations or arrests were made in Area 4 with 462 in Area 1. The second largest district, Area 10, had a total of 256 arrests and citations over the past year. Area 4 had 35 repeat offenders and Area 10 had 18. The significant concentration of repeat offenses in the downtown area justified the ordinance. The ordinance would create two new violations, persistent violations that required someone to commit three violations of criminal statues or ordinances in the downtown area within a 6-month period. The second was persistent failure to appear and required someone to commit three violations of failure to appear within a 12-month period. Chief Holdemess described the process for both ordinances and how the Municipal Court Judge retained the discretion not to use exclusion. He recommended removing illegal camping from both ordinances, it was not a common offense, and the community thought it targeted the homeless. The range of offenses in the downtown area consisted of vandalism,public drinking, and use of narcotics, urinating, and disorderly conduct. The ultimate goal was less criminal behavior in the downtown area. Chief Holdemess clarified they did not have many repeat offenders who were students or minors skateboarding on the sidewalks. Students concerned with maintaining good credit and minors having to appear in court with their parents served as deterrents. Councilor Slattery/Lemhouse m/s to postpone the opt out policy for the automated meter reading program to the June 19,2012 Council meeting. Voice Vote: YES. Motion passed. Lisa Beam/400 Liberty Street/Thought it was interesting the discussion during the meeting had moved from quality of life to those who choose not to be respectful. If the ordinance was what it took to change ANHLA/VU t.77'Y CUUNCIL M6677N(i June 5, 2012 Page 7 of 9 a person's decision-making, it was a good move for everyone. Giving someone three opportunities was more than adequate and she hoped people saw it as a positive in the downtown area. Helga Motley/693 Clay Street/Shared a personal experience with a persistent violator who drank in public because he was not allowed to drink at home. She was not frightened or offended by his presence but voiced concern about petty ordinances that people cannot help but offend. She was reluctant to judge people for offending her sensibilities and did not want the downtown to become a reverse ghetto where only nice things occurred. Allan Peterson/807 Beach Street/Thought the ordinance criminalized alcohol, littering, and camping to rid the downtown of unsightly elements. It would move the unwanted to other areas like the Ashland Food Co-op. Raising a nuisance to the level of misdemeanor was not how he wanted issues that were occurring across the nation addressed. Cate Hartzell/892 Garden Way/Submitted a document into the record, shared 2011 citation statistics for illegal camping in 2011, and hoped Council would remove illegal camping from the ordinance. She read comments from a letter the American Civil Liberties Union (ACLU) was sending to Council that recommended the ordinance have a reporting requirement, a sunset clause and the City analyze if the ordinance moved targeted conduct to other parts of the city. Frances Dunham/807 Beach Street/Was new to Ashland, and had never encountered rude behavior by the diverse people she met in town or seen trouble. She thought the ordinance was distressing, mean spirited, and not honest. If the intention was to protect peace, morals and safety, why was there worry regarding open containers or sleeping? What she wanted corrected was people violating pedestrian crosswalks and running stoplights. Keith Haxton/110 7" Street/Noted the ordinance was complaint driven and the only complaints he had seen were in the report submitted by Chamber of Commerce, all anonymous. He thought sleeping outdoors was a crime of status and asked Council to remove illegal camping from the ordinance. The other behaviors cited in the ordinance would move to different areas and continue. Leigh Madison/176 Orange Avenue/Equated repeat offenders cited for open containers to the public drinking that occurred during First Friday Art Walk nights and wondered how many people received citations for alcohol during those events. He questioned the fairness and thought the ordinance targeted the poor and homeless. Sandra Coyner/1160 Fern Street/Agreed with the rationale of dealing with repeat offenders but did not think the ordinance would achieve those goals. The majority of people who were repeat offenders were homeless and alcoholics. She supported the persistent failure to appear ordinance but did not think the police and judicial system should have to enforce quality of life and being respectful. Jesse Sharpe/2227 Dollarhide Way/Urged the City to amend the ordinance and remove minor violations. Under the new ordinance, people could face Class B misdemeanors for littering, open containers, unnecessary noise, or sleeping on public property and face up to 6 months in jail and fines up to $2,500. Anyone could easily violate the ordinance and some who did needed medical help instead of jail and huge fines. Vanessa Houk/137 5'" Street/£he ordinance would jail people for sleeping and that was not right. People trying to get out of homelessness who violated the ordinance would have difficulty obtaining Section 8 and Housing and Urban Development (HUD) housing due to criminal records. She did not ASHLAIVU CI]Y CUUNCIL MLLIJIV i June 5, 2012 Page 8 of 9 want Council to pass the ordinance but if they did, requested they amend it, have a three-month trial, and remove the misdemeanor offenses, especially the camping. Ryan Navickas/2060 Mill Creek Drive, Prospect OR/Thought the intention of the ordinance was to exclude homeless people from downtown. He considered it cruel and unusual punishment to jail or fine people who had no alternative places to sleep. The City had not attempted to remedy this problem. Alcoholism was a disease and courts had ruled that punishing people seeking to satiate the disease of addiction was cruel and unusual punishment. Other violations in the ordinance clearly associated with homelessness. The City's negligence in providing safe shelter for the homeless was the root cause for many complaints of community members aimed at the homeless. A good start would be funding a day shelter instead of enacting the exclusion zone policy. Don Hammond/632 Walnut Street/Favored a semblance of an exclusionary zone essentially for safety issues. As a business owner, he employed 15-18 employees downtown who frequently encountered people from the surrounding bars. He thought the ordinance was a tool that should not be used to control or oppress the homeless community. People with no place to sleep still needed to sleep. He encouraged the City to pursue all options to provide shelters, temporary camping for the homeless, and coax Interfaith Care Community of Ashland (ICCA) back into town as well as other organizations to help. Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an Ordinance entitled "An ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 `Persistent Failure to Appear and move said ordinance for Second Reading but to remove sections related to prohibited camping. DISCUSSION: Councilor Lemhouse agreed that camping was never the behavior issue causing problems downtown. Councilor Slattery noted many shelters, missions, and meals groups used an exclusionary zone effectively. It made sense to stop behavior that reached an abusive state and the ordinance would do that. Councilor Voisin commented the Economic Development report showed most businesses maintained or increased sales and did not see how the violations downtown affected business. Her concern was AMC 10.120.020 A. (4)listed violations a shelter or day center would have alleviated and Council had not done enough regarding these issues. Councilor Voisin motioned to amend motion to have the Police Chief report monthly on the progress of the exclusion zone. Motion died for lack of a second. Councilor Voisin motioned to add a sunset clause of three months to get through the tourist time and have an assessment of exclusion zone. Motion died for lack of a second. Councilor Silbiger explained arresting and fining persistent violators did not work. Most of society would take it very seriously and alter their behavior if arrested. This was a criminal issue, not homeless. He was not sure the ordinance would work but thought it may give repeat offenders a reason to stop. Councilor Morris commented how often people told him they were uncomfortable going downtown. He thought the ordinance would generate change. Repeat violators were smart people and the ordinance would change their behavior. He supported the motion as amended. Mayor Stromberg would have used clearly violent situations for the ordinance before extending it to open containers in public. Councilor Slattery/Chapman m/s to call for the question. Roll Call Vote: Councilor Chapman, Morris, Slattery,Lemhouse,and Silbiger,YES; Councilor Voisin, NO. Motion passed 5-1. AJ'NLANU 1.77'Y CUUNCIL Altt77Nli June 5, 2012 Page 9 of 9 Roll Call Vote on main motion: Councilor Silbiger, Lemhouse, Slattery, Morris, and Chapman, YES; Councilor Voisin,NO. Motion passed 5-1. Councilor Lemhouse/Slattery m/s to approve by title only the First Reading of an Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate Proposed Ordinance adding AMC 10.120 `Persistent Violation' and AMC 10.125 `Persistent Failure to Appear"' and move said motion for Second Reading, removing the section pertaining to prohibited camping. DISCUSSION: Councilor Lemhouse observed the people concerned the City was creating an elite area downtown were actually creating a reverse elite group of individuals acting without consequence by defending their actions. An exclusionary zone already existed for citizens not comfortable going downtown due to others who might violate their rights without repercussion. The ordinance addressed behavior, not homelessness. He hoped it worked as a good deterrent and no one reached the level of exclusion. Councilor Slattery added the ordinance was about people having consequences for actions that put everyone at risk. The City owed it to all populations, homed and homeless, to establish rules. Councilor Voisin thought bad behavior was in the eyes of the beholder, did not think the ordinance would work, and wanted to look at options. She addressed equal punishment and explained many people failing to appear were mentally ill, disabled, and alcoholic, and therefore not equal. She would not support the motion and thought Council should empathize with repeat offenders and find out what was happening to cause their behavior. Councilor Chapman agreed with Councilor Voisin there were people with medical and mental issues who needed help but this was a separate issue. The ordinance was an extra too] for the Police Department to use and he wanted to see if it was effective. Roll Call Vote: Councilor Silbiger, Chapman, Lemhouse,Morris,Slatt ery, YES; Councilor Voisin,NO. Motion OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS 1. A resolution adopting an opt out policy for the automated meter reading program and repealing Resolution No. 2012 -14 (at the request of Councilors Morris and Chapman) Postponed to the next Council Meeting. ADJOURNMENT Meeting adjourned at 10:20 p.m. Dana Smith, Assistant to the City Recorder John Stromberg,Mayor CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES April 24,2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m.in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Eric Heesacker Maria Harris, Planning Manager Richard Kaplan April Lucas,Administrative Supervisor Pam Marsh Melanie Mindlin Absent Members: Council Liaison: Debbie Miller, absent Dennis Slattery PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Unified Land Use Code Kick-Off Planning Manager Maria Harris provided an introduction to the Unified Land Use Code project. Why are we doing this project? Ms. Harris explained the Ashland Land Use Ordinance(ALUO)was originally adopted in 1964 and has been amended many times throughout the years;with each amendment prepared and adopted independently. In addition,the City has several documents containing approval standards that are not contained in the land use ordinance.The end result is a fairly old document that has inconsistencies,is repetitive,is formatted differently,and does not contain all of the approval standards. In 2006, a review of the ALUO was conducted by Siegel Planning Services and a phased work plan was presented. In 2008 the Planning Commission completed the first phase,which consisted of general housekeeping amendments. During the last Council goal setting process,the City Council adopted a goal to increase the clarity, responsiveness,and certainty in the development process, and to develop an action plan that responds to the recommendations in Siegel report. Project Approach Ms. Harris stated the goal is to take the existing standards and codes and put them into one document that is clear, consistent, concise,and user friendly. To do this, staff is presenting a four-step approach: • Step#1—Evaluate and Review.Take the ALUO and separate documents and reorganize them,make the formatting consistent, add graphics,and reword it to make it easier to read. • Step#2—Review and Revise.A ddress inconsistencies. Substantive changes to code content will be flagged for discussion. • Step#3—Evaluate Planning Application Process and Green Development Measures. Review and prepare amendment options addressing concerns regarding timing and predictability of the development process and facilitating the use of green development measures. • Step#4—Adoption Process. Conduct the formal public hearings before the Planning Commission and City Council. Ashiand Piewing Commission April 24, 2012 Page 1of4 Ms. Harris stated staff is anticipating a 12 month timeline, beginning now and ending March 2013. She stated the Planning Commission will oversee this project and it will come back in pieces at each Study Session. Public Involvement Ms. Harris explained staff has put together an approach that has multiple opportunities and includes different ways for people to participate in the process,including: • Open Houses.Two to three open houses will be held to introduce the project to the public and offer opportunities for questions and comments. • Planning Commission Study Sessions. • Advisory Commission Updates. Staff will be attending City advisory commission meetings to explain the project and bring forward potential changes that may affect their areas of specialty. • Local newspaper notices,project bulletin by subscription, project webpage,and online Open City Hall forum. • One-on-one staff assistance. Two types of work Ms. Harris explained there are two types of work being done.One is reorganizing the code, reformatting,and making the graphics consistent.The other is amending the code to address any problem areas that are discovered,and drafting options to improve the timing and predictability of the development process and facilitate the use of green development measures. Commission Feedback for Staff The commissioners issued the following comments to staff: • Suggestion was made for the Commission to have a stronger role in the open houses. • Comment was made that the general public is not going to be interested in this project and staff should do a concerted mailing that targets the members of the professional community and those who have recently gone through the land use process. • Comment was made that this is a constrained, technical project and staff s resources would be best spent trying to engage those in the professional community who use and are familiar with the ALUO. • Comment was made questioning if the Commission will have backlash from the public if their input is not solicited early in the process.Commissioner Marsh stated they need to keep in mind that they don't anticipate changing a lot of things;they may find places where the existing language is in conflict, but this project is about taking a document and organizing the material to make it more user friendly,and they do not want the intent of this project to be misperceived. • Concern was expressed with not taking public input until the first public hearing in November; since by that point the Commission will have already spent several months working on the project. • Comment was made that the Siegel Report outlined four phases and it appears they are jumping from phase one to phase four,with phases two and three being the downtown plan and a policy on infill. Mr.Molnar clarified this project is based on the current Council goal and the Council would need to issue specific direction to the Commission before they can take on the downtown plan and infill issue. Staff added the Council has been talking about the downtown plan and infill issue as potential future goals. • Comment was made that if they wrap too many controversial items into this it could cause the whole project to implode, and support was voiced for the project scope as put forward by staff. • Council Liaison Slattery voiced his support for targeting people who have gone through the land use process. • Commissioner Mindlin voiced concern with not being able to address some of the larger issues,and explained one change in particular she would like to see is changing our standards for passive and active solar orientation. Mr.Molnar clarified solar orientation is one of the areas identified by staff for potential changes since it relates to the green development component. • Comment was made that as issues arise they should group them together and do targeted publicity to make sure the public is aware of what is being discussed. • Concern was expressed with the project timeline and whether it will be difficult to get people to participate during the holiday season. Ashland Planning Commission April 24; 2012 Page 2 of 4 Commissioner Marsh noted the importance of undertaking this project.Staff thanked the Commission for their feedback and clarified they will bring forward an outline for discussion at the next study session. B. TSP Follow up-Sidewalks 1 Fourth Street Crossing I Downtown Plan Sidewalks Commissioner Dawkins explained the street standards mandate the installation of sidewalks, but in certain areas he believes they are unnecessary and a waste of resources. He stated he is bringing this issue forward for discussion and hopes they can move to a more common sense approach. Commissioner Dawkins presented a slide show of sidewalks in the north-west hills of Ashland and listed the issues he has observed,including: • On steep roads,there is more traction when walking on the road than walking on the sidewalk. • Unused sidewalks in steep areas can accumulate dirt and gravel,and exacerbate the safety issue. • Sidewalks vary in width,with some sections being very narrow. • Some sections of sidewalks have obstacles placed in the center, including mailboxes and fire hydrants. • Sidewalks are not contiguous in certain areas,while others lead to nowhere. Commissioner Dawkins suggested rather than requiring a sidewalk they consider creating a fund that could be used to install sidewalks where they are most needed. Commission Discussion Commissioner Marsh asked whether the commission wanted to maintain the current standards,which require a sidewalk and parkrow on both sides of the street,or whether the standards should be modified so that in certain areas of town sidewalks are either not required or required on one side of the street only. She added the next question they should address is whether there is a way to use requirements or funding more efficiently, and prioritize sidewalks in specific areas. Ms. Harris stated there is a bit of misinformation that has been occurring in the TSP discussion and clarified the basic standard is for sidewalks to be installed on both sides of the street, however there are exceptions for areas that have physical constraints (hillside areas or steep slopes)or for projects that involve retrofitting a street(rather than building a new street).She also clarified that sometimes individual property owners are responsible for the patchwork of unconnected sidewalks. She stated in her experience the most common reasons are the owner wanting a place to unload or if someone is in a wheelchair. Commissioner Dawkins acknowledged the exceptions mentioned by staff, but stated he believes these are still too rigid. He commented on the decomposed granite soils in Ashland and believes this is a suitable alternative to sidewalks in some locations. Staff requested clarification on whether Dawkins would recommend some kind of spacing requirement so that pedestrians could step off the roadway when vehicles approach. Commissioner Dawkins answered Yes, and stated he thinks the City should support a land-banked area rather than a specific requirement for sidewalk installation. Commissioner Marsh gave her opinion that every street in town needs a sidewalk on at least one side in order to make it safe for children. She stated in order to obtain continuous sidewalks throughout town they should start talking about how to plan this ahead of time so that they are not relying on scattered development for installation. Commissioner Dawkins voiced his disagreement with Marsh's statement and believes not having a sidewalk is appropriate in certain locations. Councilor Slattery was asked to comment on whether the downtown plan and infill issues were on the Council's list of goals. Slattery clarified these are not current goals,and the Council will undertake their next goal setting session in January 2013. It was noted that the TSP Update project is evaluating sidewalks and recommendations have been made for where sidewalks on one side only is acceptable. Regarding the question about setting priorities for where sidewalks are most needed,support was voiced for having this discussion.Commissioner Dawkins clarified he is not anti-sidewalks,but still believes there is no need for them in some of the hillside areas. No other comments were issued regarding this topic. Ashland Planning Commission April 24, 2012 Poge 3 of 4 Fourth Sheet Crossing Commissioner Marsh stated she will be bringing this topic forward at the next joint Planning and Transportation Commission meeting,and explained she has given more thought to whether there should be a car crossing at Fourth Street and the railroad tracks. She stated the more she thought about it and considered the way a true commuter railroad works,she realized and now strongly believes this should be a pedestrian and bicycle crossing only. She stated if they plan to put a transit station at this location than this is not the place you want cars to be crossing.She voiced her desire for vehicle access to be taken off the work plan and for a pedestrian/bicycle crossing to be installed instead. She added she believes this is necessary whether or not the transit station goes in. Mr.Molnar provided a short slideshow of the at-grade pedestrian crossing in Lake Oswego.He commented on how well it functions and believes this is a good example for Ashland to consider. Downtown Plan Mr.Molnar announced the City Council is interested in undertaking some interim improvements to spruce up the downtown;and stated the Council will be discussing this at their upcoming Study Session. OTHER BUSINESS A. Planning Commission Retreat Topics The commission briefly discussed the upcoming retreat and the fallowing topics and site visit locations were suggested: Agenda Topics: • Plaza Development • What is a small town and small town character? • Rolling curbs vs.90 0curbs • How to get the word out on Planning Commission discussions and decisions • Look Ahead/Work Plan for the next year Field Trip Suggestions: • LEED Building on A Street • Clear Creek Development Area • Fourth Street/Railroad area • Fordyce Co-Housing Development ADJOURNMENT Meeting adjourned at 8:30 p.m. Respectfully submitted, April Lucas,Administrative Supervisor Ashland Planning Commission Apri!24; 2012 Page 4 of 4 CITY OF -ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 8,2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m.in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Stan Present: Tray J. Brown,Jr. Bill Molnar,Community Development Director Michael Dawkins Derek Severson,Associate Planner Eric Heesacker Amy Gunter,Assistant Planner Richard Kaplan April Lucas,Administrative Supervisor Pam Marsh Melanie Mindlin Absent Members: Council Liaison: Dennis Slattery,absent ANNOUCEMENTS Commissioner Marsh welcomed Troy Brown Jr. to the Commission and noted his background in architecture and redevelopment. She also explained the absence of Commissioner Miller and noted Miller has applied to be reappointed. CONSENT AGENDA A. Approval of Minutes. 1. April 10,2012 Regular Meeting. Commissioners Dawkins/Kaplan cols to approve the Consent Agenda.Voice Vote:all AYES. Motion passed 4-0. [Commissioner Brown abstained] PUBLIC FORUM Colin Swalesl143 Eighth Street/Stated he is disappointed to hear that Commissioner Miller has been removed from the commission and stated he suffered the same fate and had to go through the reappointment process for his position on the Transportation Commission. Mr.Swales stated there seems to be a new definition of what qualifies as an excused absence that hasn't applied before. He stated he hopes the City Attorney will look at the rules and sort this out so that this does not happen again. Commissioner Marsh stated Miller's removal from the Commission was a surprise to all of them,and stated in the past notifying the Commission chair ahead of time was all that was needed to constitute an excused absence. PUBLIC HEARINGS A. PLANNING ACTION:#2012-00018 SUBJECT PROPERTY: 2220 Ashland Street APPLICANT: Summit Investments DESCRIPTION:A request for Site Review approval to construct a new 4,125 square foot, single story,retail building and associated site improvements for the property located at 2220 Ashland Street.The former Pizza Hut building is currently located on the site.COMPREHENSIVE PLAN DESIGNATION:Commercial;ZONING: C-1; ASSESSOR'S MAP: 391 E 14BA;TAX LOT: 1700.]Continued from April 10,2012 meeting.Public Hearing is closed.] Commissioner Marsh noted the public hearing is closed and the Commission will not be taking further public input. Ashland Planning Commission May 8, 2012 Page 1 of 6 Ex Parte Contact No ex parte contact was reported. Staff Report Assistant Planner Amy Gunter explained the packet materials include new information,including a revised site plan from the applicant,a staff memo that addresses the issues raised at the last meeting, the applicant's written response,and a staff report addendum. Ms. Gunter commented on the applicant's revised site plan. She noted at the last meeting staff raised concern with the proposed median extension and how it would impact site circulation,and explained the applicant's are now proposing to not extend the median as far and instead will add striping to the pavement. She added they are also proposing a rolled curb divider and directional signage. Ms. Gunter stated another issue from the last meeting was the pedestrian plaza area, and explained the revised site plan includes low seating walls, benches,colored and scored concrete, and a food vendor area. Lastly, Ms. Gunter stated the Floor Area Ratio(FAR)was identified by the Commission as a significant concern, as well as whether the applicants meet the exception criteria. She noted the staff report addresses this issue is further detail, but summarized the proposed FAR is 0.35 and the functional FAR is 0.40.She stated the applicants have also provided a shadow plan,even though this is not technically allowed.She explained they have proposed a building that will accommodate a 2,000 sq.ft.second Floor addition,and with that future addition the functional FAR would be 0.53. Ms. Gunter noted the applicants findings address the demonstrable difficulty criteria and slated the multiple driveway locations and existing businesses could be seen as a case for the exception.She added the findings also show the applicants have made significant efforts to meet the purpose of the Site Design& Use Standards. Ms. Gunter stated the proposed development would not negatively impact the surrounding sites,and would actually improve them and could be a springboard for a master plan and improvements to the shopping center as a whole. She reviewed the conditions of approval suggested by staff,a nd noted Condition#8 which states as the site develops over time,the applicants must work towards meeting the overall FAR. Questions of Staff Ms. Gunter clarified the criteria for granting an exception to the Site Design& Use Standards is as follows: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty;OR B. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. She added it would be helpful for the findings if the Commission could specify whether they believe one is more applicable than the other. Commissioner Marsh suggested better clarifying the phrase"under control of the applicant"in Condition#8. Staff agreed and indicated this condition could reference the map and tax lot numbers. Ms. Gunter clarified there are 20 excess parking spaces on the larger shopping center property,and this site could develop further and still be able to accommodate the parking requirement. She added if a residential use was proposed for the second story addition the parking requirement would not increase. Comment was made questioning if staff had included the public sidewalk in the calculation for plaza area. Ms.Gunter clarified the public sidewalk along the Ashland Street frontage is not included, however the sidewalk along the driveway,which is not required,is included in that calculation since they are going above and beyond what is required. Ashland Planning Commission May 8, 2012 Page 2 of 6 Deliberations and Decision Commissioner Mindlin stated she does not want to turn doom the application, but is not confident that the applicants have met the exception criteria. Commissioner Dawkins stated this development will be a step in the right direction in the overall development of the shopping center, however he encouraged the property owners to provide a way for nearby residential patrons to cross over to this property. He added the subject lot size is only 3110 of an acre short of qualifying for the shadow plan option and does not want to halt the redevelopment of this area. Commissioner Mindlin stated she could be supportive of this application if: 1)references to the shadow plan are removed from the findings and instead they acknowledge that they are granting the applicants a lower FAR;a nd, 2)they modify Condition#8 to state:"That future land use applications shall address the Floor Area Ratio standard and circulation plan...'.S upport was voiced for the modifications proposed by Mindlin. Commissioner Marsh commented that this application illustrates the importance to dealing with this area in a comprehensive manner and noted her desire to work and collaborate with the property owners. She also voiced her opinion that exception criteria'B'applies to this project and stated this is the first step towards a larger redevelopment project that will move this shopping center towards the desired FAR. Staff requested clarification about the circulation plan component.Commissioner Mindlin stated she does not feel compelled to make this more specific and believes the applicants understand what the Planning Commission is looking for. Ms. Gunter indicated Condition#8 would be revised as indicated and would also specify the map and tax lot numbers as previously discussed. Commissioners Dawkins/Mindlin m/s to approve PA-2012-00018 with conditions as stated during discussion. DISCUSSION: Ms. Gunter clarified the condition modifications include the revision to Condition#8 as discussed and the addition of Condition#10 regarding the landscaping and irrigation plan. Roll Call Vote:Commissioners Mindlin, Dawkins, Heesacker, Kaplan, Brown and Marsh,YES.Motion passed 6-0. B. PLANNING ACTION:#2012-00265 APPLICANT: Ashland Food Cooperative LOCATION(S): C-1-&C-1-D-zoned portions of Ashland's"Historic Interest Area" REQUEST: A proposal to amend the Ashland Municipal Code(AMC 16.32.035.E)as it relates to drive-up uses in Commercial districts.Drive-up uses are currently a special permitted use in the C-1 zoning district,but only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as defined in the Comprehensive Plan.The proposed legislative amendment is to provide exception language which would apply only to existing drive-up uses within the Historic Interest Area and would allow them to relocate to a new site elsewhere within the Historic Interest Area provided that they are located predominantly underground or otherwise screened from view from the public right-of-way. Staff Report Associate Planner Derek Severson explained the request before the Commission is a proposal to modify the regulations in the C-1 and C-1-D districts relative to drive-up uses in the Historic Interest Area. Mr.Severson reviewed the existing regulations and stated drive-up uses are currently prohibited in the Historic Interest Area. He explained this proposal would modify Section 18.32.025.E to read: "Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan;except that drive- up uses already existing and located within Ashland's Historic Interest Area may be relocated to another propert y or site within Ashland's Historic Interest Area subject to the following additional requirement. a. Existing drive-up uses within Ashland's Historic Interest Area seeking to relocated to another site or propert y within Ashland Historic Interest Area must be either underground drive-up uses or drive-up uses that are predominately screened,as defined in Section 18.08.805. Mr.Severson stated the applicants are also proposing to define underground drive-up uses as: "Underground Drive-up Uses are located within the underground portion of a building where a majority of the drive-up facilities, such as the teller window or ATM Ashland Planning Commission ;.lay 8, 2012 Page 3 of 6 kiosk, are either located underground or are predominately screened and have limited visibility from the adjacent public right-of- way. Underground drive-Up Uses within the Ashland Historic Interest Area shall be subject to Type ll review." Mr.Severson explained the Ashland Historic Interest Area consists of the four historic districts in town(Skidmore Academy, Downtown, Railroad,Siskiyou/Hargadine), and the four drive-up uses that would be impacted by this proposal are Umpqua Bank(250 N Pioneer), Wells Fargo Bank(67 E Main), U.S. Bank(30 N Second),and Chase Bank(243 E Main).Mr.Severson reviewed the policies and standards that have been adopted that discourage drive-up use and asked whether the Planning Commission would support a change in policy as a means to encourage relocation and redevelopment of these four uses;and if so,does the Commission support the request as submitted or wish to impose additional performance standards as outlined in the staff report and supported by the Historic Commission. Questions of Staff The following comments and questions were issued to staff: • Comment was made questioning why they would want to force the drive-ups underground,since underground entries can be more disruptive than a driveway leading to a window. • Umpqua Bank currently has three drive-up stalls, if they were to relocate would the city limit the number of stalls?Mr. Severson clarified at the time of transfer the new location would be only be granted one stall. • What is the difference between a conditional use permit and the process for obtaining a special permitted use?Mr. Severson clarified the conditional use process provides more discretion and allows the Commission to compare the propose use with the target use of the zone. • What is the difference between a Type II and Type III Planning Action?Mr. Severson clarified the City Council makes the final decision on Type III actions. • Comment was made expressing concern with limiting the number of drive-up uses in town;with the recent talk of the gentrification of Ashland's residents,there may be a need for drive-up pharmacies in the downtown. Applicant's Presentation Mark Knox,Applicant's Representative and Richard Katz,General Manager of Ashland Food Cooperative addressed the Commission. Mr. Knox stated they have been working on this proposal for over a year and have had lots of dialogue with City staff. He stated this is a straightforward,good idea and the two main objectives are to encourage redevelopment of the existing drive-up sites in the Historic Interest Area and allow some Flexibility to relocate a drive-up use. He added they are not suggesting an increase in the number of allowed drive-up uses, but rather the ability to improve the sites that are already there. Mr. Knox stated this amendment would be a tune-up of an ordinance that has been working well, but has created a lockdown on these four sites. He spoke against the conditional use permit process and stated this process is too subjective and as a result the owners of these properties are not willing to attempt it. He commented on the City's desire to be pedestrian friendly and believes this proposal will allow these four sites to be improved. Mr. Katz stated the Ashland Food Cooperative has been in Ashland for 40 years,they employ 160 people,sold$27 million in products this year,and are one of the larger employers in Ashland. He added half of the citizens of Ashland are not only shoppers,but are owners of the Co-op. He explained most everyone agrees there is a parking issue at the store,and overall congestion in the railroad area. He stated there is almost a constant gridlock of cars idling for parking spaces and it is not a good situation. Mr.Katz stated they have looked atm any alternatives,and they believe if Umpqua Bank had the ability to relocate in the downtown,this would free up some needed space for the Co-op. He stated the bank has expressed interest in this idea, but they do not want to relocate outside of the downtown area. He stated this is an awkward position for the Coop, but this is the only step they can take. He added the bank properties downtown are eyesores,and there is currently no initiative for them to do something different. He voiced his support for this proposal and believes this is a win-win situation. Ms. Knox noted the Q&A in the packet materials explain the intent and what they think will happen. He stated they believe they are on the right track with this amendment and would like the approval process to be less subjective and contain more tangible criteria. Public Testimony Colin Swales/143 Eighth Street/Stated he has never seen a legislative amendment from a private party and it appears a private party is trying to change our planning laws for their benefit. Mr.Swales clarified he is a member of the Transportation Ashland Planning Commission May 8; 2012 Page 4 of 6 Commission but is speaking on his own behalf. Mr. Swales stated the Transportation Commission is required to comment on Type III Actions at the pre-application level,and he was looking forward to this application coming forward at a regular meeting. However when it did come before them,it was under Public Forum and not as a discussion item.Mr. Swales requested the Planning Commission postpone this action until the Transportation Commission has had a chance to review this application. He questioned the need for bank drive-up lanes and staled the laws were adopted to cut down on auto-centric uses in the downtown core. He stated even if the Co-op was able to acquire the bank's parking,they are not allowed to exceed the required parking by more than 10%,and he is not sure how this amendment would help their situation. Rebuttal by the Applicant Mark Knox/Clarified citizens are permitted to request legislative changes and he believes this proposal will help solve the non- confirming issues of the downtown drive-up sites. He stated the current regulations have locked these banks in and it is short- sighted to think these sites will improve on their own. Mr. Knox voiced his support for additional public input,however does not want to delay this action from moving forward. He suggested the Planning Commission move forward with their deliberations and for the Transportation Commission to review this action before it is presented to the City Council. Questions of Stall Mr. Molnar confirmed there is a code provision that allows an applicant to exceed the parking requirement by 10%; however,the property could apply for a parking variance. He added most people would agree that parking is in high demand in that area. Commissioner Brown commented that underground and above grade parking has the tendency to create skateboard ramps, and there may be a need for a barrier at the sidewalk level when the bank is closed. He added he would not support underground drive-ups for a community this small and with such an established walking relationship. Mr. Molnar commented there is a clear history of policies that discourage drive-up uses, and it boils down to redevelopment vs. relocation. He stated redevelopment is possible,however the applicants must obtain a conditional use permit. He stated if the Commission believes this process is too onerous,they could choose a process like the applicants have recommended. He stated with the issue of relocation, right now that is prohibited. He added if the Commission believes that should be changed, what would be the appropriate approval process—Conditional Use Permit or Site Review? Commissioner Dawkins stated he is reluctant to send this on to Council and wishes this had been vetted more thoroughly through the Transportation Commission before it came before them. He stated an action of this magnitude warrants more public input and he does not support moving it on to Council as this point. Commissioner Brown questioned why the Transportation Commission would have a major impact on this issue,since the concerns are regarding the site itself and not the traffic. Commissioner Heesacker staled if nothing else,sending this back to the Transportation Commission will allow the public more time to review this and provide comment.Commissioner Marsh stated there appears to be general agreement that they want input from the Transportation Commission, but added they can still hold general discussion on this action and bring it back at their next meeting. Commissioner Mindlin stated the applicants have a goal for their store, and there is nothing wrong with that, and it would benefit the community to keep the Co-op downtown. She stated this proposal raises some important issues regarding the potential to redevelop those sites and create a better environment. Commissioner Kaplan stated anything they could do to foster redevelopment of those businesses would be a positive,and noted they would be keeping the same number of drive-ups. Commissioner Dawkins commented that they are not getting enough public input about what the negatives might be. He agreed that the redevelopment opportunities are good, but would like to hear more from the public. The Commission continued their general discussion of this action.Support was voiced for limiting relocated drive-ups to a single lane, and the question was raised regarding whether this proposal should be limited to financial institutions. Commissioner Heesacker stated his opinion that it should not be limited to banks;and suggestion was made to exclude food uses. The Commission also discussed and agreed these actions should require a public hearing before the Planning Commission. Mr. Molnar clarified staff would take this issue before the Transportation Commission and it would come back for deliberations and decision at the Commission's June meeting. Ashland Plaoninq Commission May 6; 2012 Page 5 of 6 Commissioners Brown/Dawkins mis to continue the public hearing to June 12,2012.Voice Vote:all AYES.Motion passed 6-0. OTHER BUSINESS Commissioner Dawkins recommended they hold all future annual retreats on the first Saturday in May,and stated he would bring this up at the next meeting when they select their officers. ADJOURNMENT Meeting adjourned at 9:30 p.m. Respectfully submitted,April Lucas, Administrative Supervisor Ashland Planning Commission May 8; 2012 Page 6 of 6 Cl T Y OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES May 22, 2012 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Maria Harris, Planning Manager Eric Heesacker Brandon Goldman,Senior Planner Richard Kaplan April Lucas,Administrative Supervisor Pam Marsh Melanie Mindlin Absent Members: Council Liaison: Troy J. Brown,Jr. Dennis Slattery,absent ANNOUCEMENTS Senior Planner Brandon Goldman stated Professor Pat Acklin has been working on two projects with her SOU students.The first is a homeless strategy and the second is an evaluation of housing options for working families. Both will be presented to the Housing Commission at their meeting tomorrow night, and the Planning Commissioners are welcome to attend. Mr. Goldman stated the students were asked to present their materials to the Planning Commission but the scheduling did not work out. He added the final report will can be forwarded once staff receives it.Commissioners Kaplan and Dawkins indicated they would attend the meeting and report back to the full commission. Commissioner Marsh reviewed the group's upcoming meeting schedule. PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Normal Avenue Neighborhood Plan. Senior Planner Brandon Goldman explained the master planning effort for the Normal Avenue Neighborhood Plan is soon to begin. He stated a neighborhood meeting was held and was very well attended,and the project is scheduled to start June 1. Mr.Goldman provided an overview of the project area and displayed several photos of the area. He explained while there are buildings and houses in this area, it is largely undeveloped. He also commented on the wetlands and floodplains,and private railroad crossing. Mr.Goldman reviewed the 15-month project timeline and stated staff will try to maintain constant communication with the neighbors and those who are interested in the project. He stated the City will utilize the online Open City Hall forum and will also have a dedicated project website so that citizens can stay informed and up to date. Commission Discussion Mr.Goldman clarified at the conclusion of this project,this property will not be annexed into the city limits;that decision rests with the individual property owners and they will still have to go through the land use annexation process. He noted the Housing Needs Analysis and Housing Framework will be done in the beginning stages of this project, and stated a Housing Market Analysis will also be completed as part of this process. Mr.Goldman further clarified that in order to annex into the city limits,the applicant must demonstrate there is less than a 5-year housing supply. Ashland Planning Commission May 22, 2012 Page 1 of 4 Staff was asked whether property owners can still develop under the county standards. Mr.Goldman clarified the owners can still develop their property under the current country standards and they will not be required to annex into the city limits. Request was made for the Commission to do,a site visit,and staff indicated this could be arranged. Support was voiced for this and Commission Marsh suggested the field trip be scheduled prior to a regular commission meeting. Mr. Goldman commented on the neighborhood meeting and stated some of the larger issues that came up were the railroad crossing,concern of increased traffic along Normal generated by new development,a nd future connections through the area. Commissioner Dawkins questioned how the City will address the railroad crossing and stated he is still unclear about whether an existing crossing will need to be.closed for a new one to open. Mr.Goldman stated the Normal crossing is a legal crossing for the private residences, but it is not legal in terms of a public access road. He stated if its designation were to change that would trigger the requirement to close another crossing.Commission Marsh stated Public Works Director Mike Faught told them this was not the case at a recent TSP meeting and asked staff to follow up with him and get clarification about this. Commissioner Marsh noted that their three big projects(TSP, Unified Land Use Ordinance,and Normal Avenue Plan)all have December conclusions, and is concerned this will be a problem. Planning Manager Maria Harris stated staff is aware of this and is keeping an eye on it. She stated the timelines may be too optimistic and it is likely there will be some shifting. B. Unified Land Use Ordinance. Planning Manager Maria Harris stated staff would like feedback on three issues tonight: 1)Outline, 2)Simplifying the Lists of land uses,and 3) Policy.issues and recommendations from the 2006 Siegel land use ordinance review. Outline Ms. Harris explained the proposed outline takes similar code functions and groups them together.The sections would be grouped as follows: 18-1 General Provisions, 18-2 Zoning and Plan Districts, 18-3 Site Development and Design Standards, 184 Administrative Procedures,and 18-5 Definitions. Ms. Harris slated grouping the sections in this manner is more intuitive and understandable for applicants and anyone else using the code. Ms. Harris clarified the standards contained in the Street Tree Guide and Site Design and Use Standards will be included in this document, however there is additional background information contained in both those documents and they will need to determine how to handle that. Support was voiced for the proposed outline as well as the table format for the standards. Ms. Harris commented that it may be cleaner to leave the Croman and North Mountain overlay standards separate from the general zoning information. Suggestion was made that people should be able to find all the necessary information all in one place, and Ms. Hams clarified how the language could be organized. Commissioner Mindlin asked if it will be possible to propose changes to the site standards in this process. Ms.Harris stated it was her understanding that the Commission had agreed to stick with minor changes and the focus would be on reorganizing the code and making it easier to understand. She stated there will be some small to intermediate policy changes and this includes the Siegel recommended changes, but it large policy issues arise staff will need to review these with the Council and get direction. Commissioner Marsh stated if minor issues come up they should incorporate them into this project, but items that will generate lots of interest and comment might need to be handled separately. Commissioner Mindlin slated her desire to address solar orientation in this process. She slated she does not think these would be complicated changes, however it would be adding new language. Concern was expressed that this change could generate quite a bit of public interest and Commissioner Marsh clarified they will establish a white board where they highlight items they want to see addressed,and they will have to wait and see if these can be folded into this.process. Simplifying the Lists of Land Uses Ms. Harris explained there are currently 12 base zones and there is a lot of repetition in the code. She stated the idea is to consolidate the information and this approach would simplify the land uses into general categories. She added this is considered a contemporary approach and would focus on the physical characteristics of the site rather than uses. Ashland Planning Commission l✓ay 22. 2012 Page 2 of Comment was made that dictating the use has been more of a political issue and people may think that you are opening the door to more uses if you have fewer delineations. Ms. Harris stated she does not believe this will open the floodgates to unusual uses and clarified our land use ordinance has language about unspecific uses and the unified code will include that same language. Commissioner Dawkins stated removing the use would put the emphasis back on the building's design. He stated on one hand it is nice to know what the building will be used for, but in the end it does not matter much since the use is often temporary and the space is changed into something else. Ms. Harris stated if the use changes,they will still need to comply with the parking requirements for that use, and clarified all business license applications are routed through the Planning Division to ensure compliance with the zone and staff checks the parking demand for the new use at that time. General support was voiced for the simplification of the uses.Comment was made that there are safeguards already in place to ensure the uses stay consistent with the zone. Policy Issues and Recommendations from 2006 Land Use Ordinance Review Ms. Harris slated the Siegel report included recommended policy changes and staff is looking for direction from the Commission on which items they want to include in this project. Commissioner Marsh recommended they go through the list one by one. 1. Lot Coverage and Porous Paving.Ms. H arris stated the intent is to encourage more pervious areas.Commissioner Mindlin commented that pervious surfaces can become less effective over time if they are not property maintained. Comment was made that porous materials will get better over time and if they believe porous is a good idea than they should give some incentive for people to use it. General support was voiced for included this change in the unified land use code project. Commissioner Mindlin voiced her concern that people might use this to increase the surface area on their lots. She added she would support this change as long as applicants don't get to increase the size of their house by using pervious paving. 2. Slopes.General support was voiced for restricting development to slopes of 35%of less. 3. R-1 Comer Lots.General support was voiced with reducing the minimum for corner lots to 5,000 square feet. 4. R-1 Lot Depth. Ms. Harris stated staff would like to take a closer look at this item.Comment was made questioning if they would be opening the door to flag lots by doing this, and whether there are other applications that would be controversial if they change this. Commissioner Marsh stated this change is worth looking at and the Commission agreed. 5. R-1 Front Porch. Support was voiced for changing the porch setbacks to 10 feet to be consistent with the R-2 and R-3 zones. 6. R-1-3.5 Housing Types. Support was voiced with clarifying desired multifamily housing types and encouraging innovative housing. 7. Distance Between Buildings in R-1-3.5, R-2,and R-3. Support was voiced for including this change in the unified land use code project. 8. Affordable Housing Density Bonus in R-2 and R-3. Support was voiced for this change. 9. North Mountain Core Overlay—MultiFamily. Ms. Harris stated she is not sure this change is worth pursuing since so much of the North Mountain area is already built out.The Commission agreed and indicated they do not want to pursue this change. 10. C-1 Residential Uses. Commissioner Marsh questioned if this is a language clean-up or a change to the actual numbers. Ms. Harris clarified the intent is a language clean up and some minor language changes could clarify this provision. Support was voiced for pursuing this change. Ms. Harris clarified staff will perform additional research to make sure they are keeping with the intent of the ordinance. 11. Solar Access Setback in C-1. Commissioner Mindlin stated the solar setback requirements make it difficult to obtain the desired density levels for commercial developments, however the solar access requirements should be maintained for commercial properties that abut residential zones.General support was voiced for pursuing this change. 12. C-1 Building Height, Commissioner Dawkins voiced his interest in taller,denser buildings in the C-1 zone,and in particular would like to see higher density housing on the Copeland lumber site.The Commission agreed to pursue this change. 13. HC Lot Depth and Yards. Ms. Harris stated this is another recommended change that may not be worth pursuing.The Commission agreed and indicated they do not want to pursue this change. 14. Non-Conforming Uses. Commissioner Marsh questioned why we would want to give someone more time.Opposing comment was made that given the current economic climate,allowing longer might be a good idea. Ms.Harris stated this issue does not come up that often and staff does not have a strong opinion about this. Mr.Goldman noted the Commission could consider clarifying when the 6-month clock starts. Ashland Planning Commission May 22, 2012 Page 3 of 4 15. Parking for Small MultiFamily Units Assisted Living, Etc. Support was voiced for this change. 16. Parking for Medical Offices. Ms. Harris clarified when development was more active parking for medical offices was enough of a problem that several offices received approval for standalone parking lots because they did not have enough space to accommodate their clients. She added this was six years ago and had a lot to do with the location of those offices. Commissioner Marsh suggested allowing medical offices to go 20%above the required parking amount and support was voiced for this change. 17. Accessory Residential Units.Ms. Harris recommended removing the CUP requirement and having these go through site review only. Support was voiced for this change. 18. Railroad District Conditional Uses. Ms. Harris stated this is probably one of the bigger hot button issues and applies to all of the historic districts, not just the railroad district. Commissioner Marsh commented on the value of having residential stability in these neighborhoods and that too many professional offices or commercial uses can have a cumulative effect on the neighborhood. Commission Dawkins stated he likes the mix of uses, but does not want to see the district overcome with professional uses. General support was voiced for looking into this change. ADJOURNMENT Meeting adjourned at 9:30p.m. Respectfully submitted, April Lucas,Administrative Supervisor Ashland Planning Commission May 22, 2012 Page 4 of 4 CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Approval of a Resolution Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 2011-19 FROM: Scott A. Fleury, Engineering Services Manager, Engineering Department, fleurys @ashland.or.us SUMMARY One of the Airport Commission's goals is to generate sufficient revenues through Airport fees and rates to operate the Airport with minimal or no general fund subsidies. To that end, the Airport Commission is recommending the adoption of a Resolution that increases various hangar, ground lease, tie down, freight and fuel flowage rates. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Municipal Airport, established in 1965, is a City-owned facility consisting of 56 hangars and 120 airplane tie-down spaces. The Airport currently supports approximately 86 aircraft. In addition, the Airport provides fueling, aircraft maintenance and repair facilities operated by Skinner Aviation, the sole fixed base operator(FBO). Airport revenue is generated from hangar rentals, ground leases, fuel flowage fees, tariffs from freight operations, nightly and monthly tie-downs and Specialized Aviation Service Operator(SASO) agreements. Currently SASO agreements are in place for three companies that perform different commercial operations at the Airport. The FBO is responsible for collecting and monitoring these fees and has been performing this duty since 1993 (on contract with the City). The City rents 32 hangars on a month to month basis and has ground lease agreements with an additional 14 individuals. Revenue from the hangar rentals and leases provide a monthly stream of income, while the income from tie- downs and fuel flowage is cyclical and fluctuates during the tourist season. Each spring, the Airport Commission evaluates the existing rates and makes a recommendation to the City Council to adjust fees as needed. The current rate policy structure includes rates for the following: • aircraft tie-downs • City owned T-hangars without doors • City owned T-hangars with doors • City owned Box hangars with doors and amenities • privately built and owned hangars with a ground lease • privately built hangars that are deeded to the City with a ground lease Page I of 2 �A, CITY OF ASHLAND The City offers two options for hangar construction and ground leasing at the Ashland Airport. One is to build a hangar and keep ownership of the hangar while leasing the ground from the City. The second option is to construct a hangar and deed it to the City and lease the ground for a specified term, typically 20-25 years. The ground lease rates for these options differ by over 50%. In order to develop the 2012 (FYI 3) pricing policy, City staff adjusted the rates by the January CPI-U and presented the updates to the Airport Commission for review and recommendation. The Commission approved staff's recommendation and staff is now presenting them to the City Council for approval. FISCAL IMPLICATIONS: By approving the recommended airport rate resolution the airport will generate revenue to maintain self sufficiency within its appropriated yearly budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City Council approve the resolution titled, "Resolution Establishing Rates for the Ashland Municipal Airport, and repealing Resolution 2011-19." SUGGESTED MOTION: Move to approve the"Resolution Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 2011-19." ATTACHMENTS: 1. Draft Resolution 2. Rate Sheet FY 2013 (attachment to the resolution) 3. Airport Commission minutes; March 6, 2012 Page 2 of 2 �r, RESOLUTION NO. 2012- A RESOLUTION ESTABLISHING RATES FOR THE ASHLAND MUNICIPAL AIRPORT, AND REPEALING RESOLUTION 2011-19 Recitals: A. The Airport Commission reviewed established airport rates and recommended increasing current airport rates. B. The City has determined it is necessary to increase user rates for aircraft hangar rentals, hangar ground leases, freight charges and aircraft tie downs. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Effective July 1, 2012, unless otherwise provided by an agreement or lease, the rates shown on "Exhibit A" are established for facilities at the Ashland Municipal Airport. SECTION 2. Classification of the fees specified in Section 1 of this resolution are classified as not subject to the limits of Section 11 B of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 3. Resolution No. 2011-19 is repealed on the effective date of this Resolution. SECTION 4. This resolution was duly PASSED and ADOPTED this day of 2012, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 \ {{ \\ LLI § « - - . - » / / 60 69 V3� \ � 2 \\ Cl) rn [ ■ [ ( 22 a 2 ( / /§ E / \ \ \ z \ s iw ) C) _ \\/ Q � cd !t \ 2 / � m § \ n $ at LL e : x ) 00 ) co U) � � e 2k % $ Z / z . \ U) ° 2C4 % Gc � $ 0 A §a o w CM§ 0 IM \ & ] m ) k \ \ IL } ) \ / / o w j LL.x co u2 = kr J 2 z $ ) CD W o u \ ® _ < E 2 U) \ \ 8 / f | w � _ 0 < z 2 _ § § g j § § z : . % § / § \ \ ) � 2 \ jj \ w \ \ j \ \ j \ � § ( ( I \ ( ; ./ j W z - § \ \ / § § ) c / p / w w w © z � aaeo & e { y § « << � z ! @ o o w � 0000 « a f § 22 = z z z z r ozzzo = � = e _ « � ) } } ) § ! / { 7 " § ¥ g E 2 2 k Gaee � = f o = = 2 o o o o ! « m o . 9 § Cl c \ 0 % co Cl) $ \ - \ | / cl k \ \ \ - ) 7 = a (\ tk ) ) 'E C - \ 2 2 � § k * ) � \ k f ƒ 0w a, 32 . ) ® # ESQ � &a Lu { ( t . r CO N § \ x CL a, § § [ 0 e cn D � e zkE eqf 4 k ® ° - a A Cl§ a ; 2 CO \ k Bf{ & /I - ) \ C) a) � � 2m ! 6 ° 0 cli b #a $ 2� \ | { { 2 ) ) | a ■ a) , g k f � 0) 2 \ � ) \ - \ co o3a { _ \ % 6/ : § Zf 0 Z \ - k LL0 0 £ � M . o § \ U) > \ D � § - ) \ � % \ ) 222 ) F § _= K ) ƒ - ± § | 2 U) a w k - \ amGU) m � \ ¢ k - X m . \ A ) \_ � / ) k ) LL \ ) $ § / a 7 \ ) ' . \ ASHLAND AIRPORT COMMISSION March 6'h, 2012 MINUTES MEMBERS PRESENT: DAVID WOLSKE, JEFF NIELSEN, SUSAN MOEN, WILLIAM SKILLMAN, BOB SKINNER, RICHARD HENDRICKSON, ELIZABETH TRIPP, LINCOLN ZEVE, ALAN BENDER STAFF: SCOTT FLEURY, MIKE FAUGHT MEMBERS ABSENT: DENNIS SLATTERY, ALAN DEBOER Visitors: Nicole Doran CALL TO ORDER: 9:38 AM 1. APPROVAL OF MINUTES: February 7`h, 2012, motion by Skillman for approval, second by Moen,unanimous vote, all approved. Additional Items: None 2. Public Forum: No Comments 3. OLD BUSINESS: A. AIP Project Engineering Design/Connect III: Fleury informs Commission that two invoices for reimbursement towards the Connect Oregon III grant have been submitted to the Oregon Department of Transportation for review. Fleury expects that the City will receive the 5% matching funds reimbursement to be processed shortly by ODOT. In addition, the City has received the as built topographic survey for the runway project and that information has been given to CIS for input into our internal mapping program. There are not other AIP updates. B. CAP Hangar Lease: Staff informs the Commission that CAP is still waiting for Brim to return from Texas to sign the bill of sale and return to CAP in order to complete the transaction. Staff has requested that as soon as this is complete that Brim should notify the City so they can proceed forward with the ground lease development. C. Entrance Sign: Staff states that there was no movement towards sign replacement other then taking photographs of the existing sign in order to work with new sign maker on development of the new sign. D. PAP] Lights: Fleury informs Commission that quote to tie PAPI lights in directly with the pilot controlled runway lights is around $2,000. This work will tie the PAPI lights in with the runway lights and they will run together via the same amount of clicks. Fleury states that to create a separate pilot controlled system would require purchasing another controller at 34K, then tying one set of PAPI lights into the controller in the electric shed and the other set on a the new controller. Commission would like staff to contact the FAA to determine if any costs associated with the project can be redeemed through non-primary funds and if the FAA would approve of the PAPI lights being pilot controlled. Commission would also like staff to discuss with Mike Cook of the Electrical Department the number of PAPI lights that have been replaced since their installation and how many runway lights are replaced per year. Skinner states that the PAPI lights are in place for safe landing operations at the airport and anything that is done to them C:\Documents and Settings\shipletd\Local Settings\Temporary Internet Files\Content.Outlmk\3N77SLG9\061912 Airport Commission 1 Minutes 030612 Atch3.doc should not reduce safety for pilots. Skinner would like to see how other communities run their PAPI light systems. Commission agrees that they need to discuss this option more when more information is available. E. Pavement Maintenance Program: Staff informs Commission that he was contacted by the engineer last Friday to discuss onsite work this week. The onsite work would consist of crack sealing the pre-defined areas on the ramp and taxiways. Fleury had the engineer contact Skinner to discuss the operation and make sure the FBO was inline with the activities being presented before moving forward. Skinner released Notams regarding the time and nature of the work onsite. It is expected that the contractor will be onsite from March 7'h-10'h for crack sealing only and there should be no issues with access to the runway other then taking an alternate taxiway around the work. F. Zoning Ordinance: Fleury informs Commission that a meeting with Molnar, Faught and himself still needs to happen in order to discuss the process regarding simplifying the planning process and changing the overlay zone code to accommodate airport appropriate development. Faught was gone for a portion of February and budgetary items have not allowed time to meet with Molnar. Faught to discuss with Molnar today and set up a meeting-for next week to discuss the process. The main discussion of the meeting will be the how to of adopting the airport layout plan into the comprehensive plan in the expectation that it will allow people to do an over the counter building permit for a hangar to construct within the pre-approved areas on the layout plant. In addition, the meeting will address planning requirements for sidewalks/parking/landscaping that hamper airport development currently. Fleury states that 50k was added to the CIP budget to allow for a consultant to develop a zoning ordinance update if the process could not be resolved internally between Public Works and Planning. 4. NEW BUSINESS: A. Good Neighbor Policy: Skinner informs Commission the FBO office has not received any new complaints within the last month and that helicopters continue to use the defined approach and departure paths if available. B. Airport Rental Rates: Staff presents an updated rate sheet to Commission for review. The updated rate sheet takes into account the CPI-U difference from January 2011 to January 2012 of 2.9% and applies that increase to the rental rates, leaving the tie downs and shade hangars the same as last year. The shade hangars are the most difficult to rent, thus the discussion regarding their enclosure. The previous two years the Commission has reviewed other airport pricing schemes and have made recommendations based on the comparative analysis and the change in CPI-U.The ground leases are automatically changed by the CPI-U each year. Nielsen asks about the waiting list and would like to see the rates increase 4-5%based on supply and demand since there is a waiting list for hangars. Skillman does not want to see the rates increase more than necessary due to the current economic status. The consensus of the Commission is that general aviation is down in general and they do not want to push pilots even more with additional rate increases past what the economy grew at over the past year. Motion by Wolske to recommend the hand written adjustments on the packet rate sheet be adopted by Council, 2"d by Hendrickson, approved by all except Nielsen. Fleury will take rate recommendation to the City Council for approval. G. FBO RFP/Lease: FBO Lease Addendum: Fleury states that over the past couple of weeks meetings with Skinner and Lohman from the Legal Department have occurred to clean up and finalize the FBO lease restatement. The new lease approved by the Commission and Legal will be part of the FBO RFP packet that will be released for public response in May. C. Fleury states that he has met with Skinner to discuss additions and changes to the lease restatement and also met with legal to incorporate and edit restatement. Fleury also continues to work on FBO RFP and expects to have a draft version for the Commission to review in April. C:Oocuments and Settings\shipleld\Local Settings\Temporary Internet Files\Content.Outlwk\3N77SLG9\061912 Airport Commission 2 Minutes 030612 Atch3.doc Commission would like to develop one final lease subcommittee meeting to review the final lease draft prior to its inclusion in the RFP. Staff to setup another subcommittee meeting at end of month to discuss final draft. D. T-Hangar Enclosure: Staff reviews discussion from previous meeting regarding enclosing the shade hangars and installing bi-fold doors. The quote was for$6800 per hangar with a 5% reduction if all hangars where enclosed at the same time. Commission motioned to enclose four of the existing shade hangars. Faught states that in order to proceed forward the City would discuss taking an interfund loan and creating a five year payback to enclose the hangars. This item will be discussed with the Finance Director and City Administrator at a March 12'h budget meeting. Based on internal calculations it appears that the City can enclose the 4 hangars and still meet the five year payback schedule with the increased rental rate payments, specifically since three of the hangars are unrented. Skinner states that he has contacted all seven renters of the shade hangars and the consensus is that all minus one would be for the change and that one would like to remain in the shade hangar. Skinners concern is if we only do four of the hangars and the remaining people on the closed hangar waiting list move from a shade hangar to an enclosed hangar that we still have the potential for unrented shade hangars. Fleury and Faught to discuss options of enclosing 4 or doing all 7 with the Finance Director and City Administrator. 5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports: Skinner reports the drinking fountain is now working again after the drain was snaked and cleaned by a plumber. Skinner also states that American Industrial Door will be onsite to install a hydraulic door stop on the Avionics hangar front door as the prevailing wind can slam it shut and has the potential to cause injury. Skinner is waiting for a quote on the final installation of the security camera system and should have it shortly. Hendrickson asks is any of the Commissioners whose appointments end shortly are going to re-up? Bender states that he will not reapply and will likely move over to the Transportation Commission. Wolske states that in the future he will not participate on the Transportation Commission as an ex-officio member, but will continue to volunteer on the Airport Commission. Fleury states that he will also be involved in the Transportation Commission filling the staff vacancy of Jim Olson who is retiring in July. It appears that the Airport Commission will require another member to fill the future vacancy. Commission members to ask around and inform airport users of the pending vacancy. B. Maintenance Updates: Fleury states that Terra Survey will be onsite to conduct the approach slope survey and determine if any trees are currently encroaching into the 20:1 C. Brown Bag: No brown bag meeting report. D. Transportation Commission: No update. E. Medford Airport Update: Bender reiterates that general aviation is down in whole and commercial activity is also down, but to a smaller degree. The new freight terminals are complete at Medford and Mercy Flights new facility is also open and running. Benders states that Alaska Airlines has added a flight to Portland after United discontinued the service and that Allegiant will be adding a flight to Oakland. 6. OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 7. NEXT MEETING DATE: April 3'd,9:30 AM C:\Documents and Settings\shipletd\Lmal Settings\Temporary Internet Files\Content.Outlwk\3N77SLG9 1061912 Airport Commission 3 Minutes 030612 Atch3.doc ADJOURN: Meeting adjourned at 11:30 C:\Documents and Settings\shipletd\Local Settings\Temporary Internet Files\Content.Outlook\3N77SLG9\061912 Airport Commission 4 Minutes 030612 Alch3.doc CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Award of a Contract to the Apparent Low Bidder on the Hersey/Wimer Re-Alignment Project FROM: James H. Olson, Engineering Services Manager, Public Works Department, olsonj @ashland.or.us SUMMARY On June 7, 2012 at 1:30 p.m. bids submitted for the Hersey/Wimer Re-alignment Project were opened and publicly read. Bids were received from Pilot Rock Excavation and KOGAP Excavation for $599,345 and $636,994 respectively. The bid offered by Pilot Rock is $24,345 over the engineer's estimate; however, funds are available and budgeted and given the complexity of the project and the need to complete the work as quickly as possible it is a reasonable bid and can be accepted. BACKGROUND AND POLICY IMPLICATIONS: Bidding Procedure: Following the Council's review of this project on April 30, 2012, the plans and specifications were quickly revised to reflect the Council's suggested changes and the project was-advertised for bids on May 17, 2012. Project plans and specifications were sent to several plan review centers and were included on the City's website. A pre-bid meeting was held on May 31, 2012, with four contractors present. Bids were opened on June 7, 2012, with two contractors responding with bids. Both bids are valid bids containing the required bond, documentation, and acknowledgements. Bidding information is shown on the attached proposed summary. Contractor Qualifications: The low bidder, Pilot Rock Excavation, Inc. has a proven and favorable record with the City. Two years ago they completed the "A" Street Improvement Project which included not just street improvements but water, sewer, and storm drainage improvements as well. Pilot Rock has recently completed the Schofield/Monte Vista Local Improvement District in record time and with very good results. Their listed sub-contractors are Picollo Concrete and Mountain View Paving who also worked with Pilot Rock on the Schofield/Monte Vista Project, and who are capable of producing very good work. Award Procedure: Although Council approval and acceptance of this bid is required, it is recommended that the actual signing of the contract be delayed until the right-of-way needed to complete the project is acquired. The right-of-way agent has indicated that the negotiating process will begin as early as next week; however, a back-up plan has been created should the negotiations not proceed as rapidly as desired. Page I of 3 CITY OF ASHLAND The Legal Department, with assistance from the right-of-way agent, has created a right of entry agreement which would allow the City to occupy the land immediately upon the agreements execution. This agreement, which is attached, acknowledges the ongoing negotiation process and the potential of a condemnation action. FISCAL IMPLICATIONS: The Hersey/Wimer Re-alignment Project is being funded jointly by the City and by ODOT through a fund exchange agreement. The City and ODOT had previously entered into an agreement whereby the City (through ODOT) would exchange $726,272 in agency funds for$682,695.68 in Federal funds for the overlay of Allison Street and a portion of North Mountain Avenue. These funds were re-allocated for the Hersey/Wimer Project, by terminating the previous agreements and creating a new agreement. The City was also able to re-allocate internal funds that were allocated for the overlay of Wightman Street and Taylor Street. Prior to this re-allocation, the four streets listed for overlay were-carefully analyzed and deemed stable enough to weather a five-year delay in overlay. Following is a summary of the funds available for the Hersey/Wimer Re-alignment Project: • ODOT Fund Exchange $ 682,695.68 • City budget for Taylor Street overlay $ 125,000.00 • City budget for Wightman Street overlay $ 225,000.00 TOTAL: $1,032,695.68 Anticipated or encumbered costs for the project are as follows: 1. Construction Pilot Rock Excavation, Inc. $ 599,345.00 2. Engineering Construction Engineering Consultants $ 36,175.00 CVO Electrical Systems $ 10,237.00 3. Consultants Urban Development Services $ 13,854.00 ROWA $ 26,500.00 4. Electric Costs Polaris Land Surveying (Hofford Easement) $ 1,070.00 Oldcastle Precast (electric vaults) $ 16,840.00 Dis-Tran Steel, LLC (steel power poles) S 21,742.00 The Okonite Co. (wire) $ 24,024.66 TOTAL: $ 749,787.66 REMAINING FUNDS: $ 282,908.02 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council accept the bid and authorize the award of contract to Pilot Rock Excavation, Inc. in the amount of$599,345 for the Hersey/Wimer Re-alignment Project. Reasons for acceptance include: 1. Pilot Rock has a proven positive track record with the City 2. The bid is the low of two received 3. The bid is reasonably close to the engineers estimate of$575,000 Page 2 of 3 �r, CITY OF ASHLAND 4. The bid was a valid legal bid containing all necessary information and bond 5. A re-bid of the project would result in unacceptable delays and possible higher bid results SUGGESTED MOTION: Move to approve the bid and award of contract to Pilot Rock Excavation, Inc. in the amount of $599,345 for Hersey/Wimer Re-alignment Project. ATTACHMENTS: 1. Summary of Proposals 2. Proposal and Bid Schedule from Pilot Rock Excavation 3. Right of Entry Agreement Page 3 of 3 Z Oy U �1 w � � o y o � A C 69 7 CL W /o1 y N w O H Q F b O a e I+ 4�i U -• ° .r = U r g u o v E W a U 4 rn ° c '~ O G a I� N r u Q E o G G 3 zNtio v ° H z C v p t g tc w Q o w o r 3 x Q v O �., O y O C O 3 O E C O C b y °- a` e Caz z vjzm ¢ m ¢ ¢ City of Ashland,Oregon i PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON,AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,PLANS,SPECIFICATIONS,AND DRAWINGS WHICH ARE ON ' FILE AT THE CITY OF ASHLAND,CITY HALL,20 EAST MAIN STREET,ASHLAND,OREGON 97520. NAME OF BIDDER. Pilot Rock Excavation CONTACT 1�/t1�II� LL BAfz,0)4 ADDRESS : (050 e Ff N ` ST:" :if 1.02-R;, , crrY6W7G-V- ljfl r 1 sfn?,> np- zip 4):- 5O Z TELEPH6NEN6..�'f//It1W L�1T� FAXNO. .: *f1 EMAIL.ADDRESS To the Honorable Mayor and City Council City Hall 'City of Ashland 20 East Main Street Ashland,Oregon 97520 - In response to competitive bidding, this PROPOSAL is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds requuired for,necessary for,or reasonable incidental to, the construction of the MaiiilWtmerfllcrs Ioterscctibn:Realigomegt (hereinafter "Project") for the City of Ashland, Oregon, as shown in the contract documents on file at City Community Development Building, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned has familiarized themselves with the nature and extent of the Contract Documents, project work,site,locality,general nature of work to he performed by City or-others at the site that relates to the project work required by the Contract Documents,local conditions,and federal state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. 2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation,exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents; and no City of Ashland 12 - 5117/2011 additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqua Bfied or disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids,waive formalities,or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements,and may reject all bids for good cause upon a finding that it is in the public interest to do so.Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria arc as follows: None. 4. The deadline to file a written protest or request,pursuant to Iuslruction to Bidders to change contract terms,conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request S. All of the contract documents,including all plans,specifications,and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted,and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they_are not in couflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will,within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: Performance Bond and Corporate Surety Payment Bond,both in the amount equal to 100% of the awarded contract; Certificates of Insurance for Liability and property damage coverage; Certificates of Coverage for Workman Compensation Hod unemployment insurance; All other bonds,permits,licenses,etc.as required in the contract documents.\ 6. The following base bid of Dol/ors (8 )is proposed for this project as described in the Contract Documents. 7. All items in the Bid Schedule have been completed in full by showing a unit or lump sum price or prices for each and every item thereof. The price per item shall be clearly shown in the space provided. The pricing shall be extended to show the total when required. 8. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials,labor,equipment,and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract ire approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis or"extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment,it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is City ofAshtand 13 51172012 i understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. ' 9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid comparisons and if there are any discrepancies between the unit prices and the total amount shown,the :. unit prices shall govern. 10. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and services of all kinds required for,necessary for,or reasonably incidental to,construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the"BID SCHEDULE". 11. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material,item or service required by the plans and specifications has not been mentioned specifically in the 'BID SCHEDULE", the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to reject any and all bids,waive formalities,or accept any bid which appears to serve the best interests of the Cjly in accordance with ORS 279B.100. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which-appears to serve the best interests of the City in accordance with ORS 279B.100. 13. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. 14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 15. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis-Bacon Act requirements."Prevailing Wage Rates for Public Works Contracts in Oregon,"which are incorporated herein by reference,and can be accessed at: bttp:Hiv .oregon.govBOLllWHD/PWR/pwr_book.shtml 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government,State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 1Z Accompan�tug this Offer is a certified check, cashier's check or a bid bond, for the sum of ' ,-,� Zi.: `�u ,payable to the City of Ashland, Oregon, this being an amount for ten percent (10%) of the total bid based upon the estimate of quantities at the above price according to the City of Ashland 14 5/17!1012 conditions of the advertisement If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten(10)working days from the date of notification,then the City may,at its option,determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void,and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted,the bid security accompanying this Offer shall be returned to the undersigned. I8. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act(40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838,279C.840 or 40 U.S.C.3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees,if awarded a contract,that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. 20. The undersigned certifies that the undersigned Contractor has.not discriminated against minority,women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications, and further,the undersigned agrees to initiate and complete this Project by the date stated below. • The work shall be commenced within 5 working days after receipt of the written Notice to Proceed. • The work shall be completed in all respects within 58 calendar days following issuance of the Notice to Proceed and shall be completed no later than August 17.2012. • The undersigned agrees that the"Time of Completion'shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after"Notice to Proceed"has been issued by the Owner.'Bidder furthermore agrees to pay as liquidated damages,fm'each calendar day thereafter,the amounts shown in Standard Conditions,for each day the project remains incomplete. 22. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049-0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 23. The undersigned bidder is licensed by the State Landscape Contractors Board,if applicable,the license is current and valid, and the bidder's registration number is stated below. [OAR 137- 049-0200(1)(a)(IQ] Bidder understands that failure to have a current LCB license shall result in rejection of Ibis bid 24. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract,add a percent increase an the bid of a non-resident bidder equal to the percent,if any, of the preference given to that bidder in the state in which the bidder resides."Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state City of Ashland IS _ 5/17(1012- T r during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has slated in the bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below. • The Bidder is_X_or is not a resident Bidder as defined in ORS 279A.120. 25. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or - the compensation to be paid hereunder and that no representation, statement or statements, oral or in writing,of the City,its Councilors,Commissioners,officers,agents or employees had _ induced bim/her to enter into this Contract,and the papers made a part of its terms; 26. The undersigned has not directly or indirectly induced or solicited any person to submit a false or sbam bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without coaueclion with any person,firm or corporation making a bid for the same material and is,in all respects,fair and without collusion or Gaud 27. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. (OAR 137-049-0200(1)(e)(B)l 28. The undersigned confirms that if this contract:ilivoldes-asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. 29. The City of Ashland may waive minor informalities, reject any hid not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. 31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors / Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will not mail notice of addenda but shall publish notice of any addenda on City's website and post the notice of addenda at Community Development. www.ashland.or.us The addenda may be downloaded or picked up at Community Development, 51 Wilburn Way, Ashland, Oregon. The bidder must check the wehsite and Community Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER THROUGH HAVE BEEN REVIEWED 32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(l)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and file City's completion of the attached Bidder Responsibility Determination Form. 33. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors(those subcontractors contracting directly with the bidder)when the contract price exceeds$75,000 (see ORS 279C.370). Specifically,when the contract amount of a first-tier subcontractor is greater than or equal to: (i)5%of the project bid,but al least$15,000,or(ii)$350,000 City of Ashland -- 16 51172012 4 regardless of the percentage,you must disclose the following information about that subcontract _ within two working hours of bid closing: • The subcontractor's name and address; The subcontractor's Construction Contractor Board registration number,if one is required,and; • The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements,you are required to indicate"NONE".on the form.Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. 'PHIS DOCUMENT SHALL NOT BE FAXED.IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL,SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 34. Bidder Information and Signature Pilot Rock Excavation, Inc. Firm Name of Bidder Signature of Bidder L-4; l_5 -f24:n�4 Printed Name of Bidder Official Title �s � z5I i i 5`T i � State of Incorporation r CCB Number Dated this "� day of V f—i I,j tF 2012. Name of Bidder Pilot Rock Excavation, Inc. Address (O>O E 'iL E—= :5T 6e&STU,- {_ Fc,11,r-1 c;� Telephone No. - 154 4 City of Ashland 17 ��� 511712012 N. Main/Wimer/Hersey Intersection Realignment Project No. 2002-05 ITEM SPEC. DESCRIPTION - QTY. UNIT UNIT PRICE AMOU U NT NO. REF. FIGRES Section 200 Temporary Features and Appurtenances 10 210 Mobilization I LS $ + �j` LSZ�Z: , $ 20 225 Temporary Protection and Direction of I LS $ $ 7G?sL -. Traffic 30 225 Temporary Signs I LS $ $ �Sb . 40 280 Erosion Control I LS $ $ '.7.�rj Section 300 Roadwork 50 305- Construction Survey Work I LS $ j'Z_ 60 310 Partial Removal of Concrete Retaining 120 SF $ 7, $ -� , Wall 70 310 Removal of Wood Tie Retaining Wall 60 SF $ 80 310 Removal of Pipes 160 LF $ 19 . $ ) 44D . 90 310 Asphalt Pavement Cutting 490 LF $ Z ;tjo $ 100 310 Removal of Asphalt Surfacing 1,620 SY 110 310 Removal of Curbs 755 LF $ -�- . $ 3t--)Z-L) 120 310 Removal of Walks and Driveways 355 SY $ lj ; $ 1 77i�5 130 310 Removal of Inlets 2 EA $ r7s $ 3�Ci 140 310 Removal of Manholes 3 EA $ �—t; , $ 150 320 Clearing and Grubbing I IS S 7t $ '767= 160 330 General Excavation 1,150 CY, $ i S , $ i,7Z5,0 170 350 Subgrade Stabilization(12" Depth) 150 SY $ ,'�j, $ -I' C—Z� < 180 350 Subgrade Geotextile 1,610 SY $ 2— $ 3Z 4n, . 190 370 Finishing Roadbeds 1 LS $ $ f z Section 400 Drainage and Sewers 200 430 4 Inch Sanitary Sewer Pipe 25 LF $ Z6 ; $ Public Works/Engineering Tel 541/488-5347 20 E.Main Street Fax 541/488-6006 As Ashland,Oregon 97520 TTY: 800/735-2900 www.ashland.or.us G1pub-wrks\eng\02-05 N.Main Hersey Winner Intersection RealignVA Admin\Cons Pre Contract\02-05 Addendum No 1.docx 210 430 4 Inch Drain Pipe 30 . LF $ 220 430 6 Inch Drain Pipe 95 LF $ •z!, , $ 2-3-79 , 230 430 8 Inch Drain Pipe 15 LF $ '3 7�; 240 430 8 Inch Perforated Drain Pipe 106 LF $ `�, $ 74 z a 250 445 12 Inch Storm Sewer Pipe, 5 Ft Depth 306 LF 260 445 15 Inch Storm Sewer Pipe, 5 Ft Depth 25 LF S 270 445 12 Inch Storm Sewer Pipe Collar I EA S taV-"jj; $ 280 470 Concrete Storm Scwe'r'Manholes 4 EA $ 1 &,&—n . $ 72-6a 290 470 Concrete Curb Inlets(4A) 3 EA S 1 76L 300 470 Concrete Curb Inlet(6A) I EA $ I $ 310 470 Concrete Gutter Inlet(CG-1) - 2 EA $ 320 470 Area Catch Basin(Lynch Type) 2 EA $ ��Z $ 330-A 490 Minor Adjustment,of Manholes I EA $ 330-B 490 Adjusting Boxes 5 EA $ 330-C 490 Connection to Existing Structure 2 EA $ $ 3 Section 500 Bridges 340 596 Reinforced Concrete Retaining Wall I LS $ Section 600 Bases 350 640 Aggregate Base(Well Graded Crushed I"-Minus) 1,475 TON $ ij $ ;3rL.. i•�'c- , 360 640 Aggregate Base(Crushed AASHTO 955 TON $ G . $ No.2 Drain Rock 370 640 Aggregate Base(Choke Aggregate 9 TON $ $ ,�� AASHTO No.57 Section 700 Wearing Surfaces 380 744 Level 2, 1/2 Inch Dense HMAC 180 TON $ �% , $ 4,1—) 7vv ,, Mixture 390 744 Level 3, 1/2 Inch Dense HMAC 145 TON $ $ Z.3Z 6'G , Mixture 400 745 Level 2, 1/2 Inch Open HMAC 45 TON $ Mixture L2 ? • $ I U t L5, 410 759 Concrete Curbs,Curb and Gutter 685 LF $ 'L�- $ 7I 0 759 Concrete Curbs,Standard Curb(6" 480 LF $ Z5, $ 42 Face Z LZZ ' Public WorkslEngineering Tel:541/488-5347 20 E.Main Street Fax 541/488-6006 1�� Ashland,Oregon 97520 TTY: 800/735-2900 www.ashland.or.us G:\pub-wrks\eng102-05 N.Main Hersey Wimer Intersection Realgn\A_Admin\Cons Pre Contract\02-05 Addendum No 1.docx 430 759 Concrete Walks 3,680 SF $ (� , $ 27 rirn±>� 440 759 Concrete Walks,Reinforced 805 SF $ ] I $ 450 759 Concrete Driveway,Reinforced 670 SF $ }J $ 5 3(oo 460 759 Concrete Parking Bumpers 4 EA $ �� Section 800 Permanent Traffic Safety and Guidance Devices 470 860 Pavement Markings,4"Wide Paint 165 LF $ (Parkin Lot) 480 860 Bi-Directional Yellow"type I 8 EA $ $ Markers [ �' • ] Zap, 490 865 Longitudinal Markings, ],360 LF $ 'j $ A Method F, 120 mils 500 867 'transverse Markings,Bike Lane 2 EA $ S mbol - 510 867 Transverse Markings,Cross Walk Bars 320 SF $ jQ , $ 32 cz� 520 867 Disabled Marking 1 EA $ I 'Z-� $ 1 Z7 . Section 900 Permanent Traffic Control and Illumination Systems 530 905 Remove and Reinstall Existing Signs I LS $ i7 i:T1 > $ j 'j 6�JTo and Light 540 920 Sign Support Footings I LS $ rZ+H- 550 930 Pipe Sign Supports(Powder Coated) 1 LS $ 560 940 Type RI Signs in Place 6 SF $ 4u $ Z--4& 570 940 Type R7 Signs in Place 18 SF $ L{U $ TZZj . Underground Duct Bank-I (C1) - 580 960 w/additional conduits[00960.42(m)] 180 LF $ •x< $ �/� , Underground Duct Bank -I (C2) 590 960 w/additional conduits[00960.42(m)] 360 LF $ .35 $ + 'Z•LLiz , Underground Duct Bank-1 (C3) 600 960 w/additional conduits [00960.42(m)] 60 LF $ 4o $ ALFCb , ' Underground Duct Bank -I (C5) 610 960 w/additional conduits[00960.42(m)] 60 LF •$ j Lj , $ , Underground Duct Bank-1 (C6) 620 960 w/additional conduits[00960.42(m)] 100 LF $ t�i; $ Underground Duct Bank-I (C7) 630 960 w/additional conduits[00960.42(m)] 100 LF $ "�. : $ ZC'm e Public WorkslEngineering Tel:5411488-5347 20 As l Main Oregon Fax:5411488-8006 ��� Ashland,Oregon 97520 TTY: 800!735-2900 vrvrw.ashland.orus G:\pub-wrks\eng\02-05 N.Main Hersey Wimer Intersection RealignlA_Admin\Cons Pre Contract\02-05 Addendum No 1.docx Underground Duct Bank-1 (C8) 640 960 w/additional conduits [00960-42(m)] 80 LF $ 3L14C) - Underground Duct Bank -1 (C9) ? 650 960 w/additional conduits [00960.42(m)] 60 LF $ Cj, S bj : Underground Duct Bank-1 (C10) ``tt'' 660 960 w/additional conduits[00960.42(m)] 160 LF S ( L�, $ 'z Underground Duct Bank-1 (Cl 1) 670 960 w/additional conduits[00960.42(m)] 70 LF $ Underground Duct Bank—MISC 680 960 w/additional conduits [00960.42(m)] 180 LF $ 690 960 Underground Trench(Soil)(IS) 100 LF $ -Z.Z) , $ LtM--zt , 700 960 Underground Trench (Gravel)(18) 50 LF $ Z& $ i (izyn , 710 960 Underground Trench(Pavement)(18) 600 LF $ $ Z76—uzii 720 960 Underground Trench(Gravel)(24) 460 LF $ 730 960 Underground Trench(Pavement)(24) 200 LF $ Underground Vault-600-Amp 740 960 Sectionalizing Cabinet(Type 5106-1- 2 EA $ LA-ASHLAND) Underground Vault-200-Amp 750 960 Primary Cabinet(Type 644-LA- 4 EA TRANS-ASHLAND) 760 960 Steel Pole Footing Prep 2 EA S ] '2-cn . S 2-46-r- 770 970 Pole Foundations 1 LS $ S 780 970 Lighting Poles,Fixed Base 1 LS $ (o , $ (�6—Z7U 790 970 Lighting Pole Arms 1 LS $ -7—5C.) . S Z5r—, , 800 970 Luminares,Lamps,and Ballasts 1 LS 810 970 -Switching,Conduit,and Wiring 1 LS $ .SbZ' Section 1000 Right-of-Way Development and Control 820 1030 Permanent Seeding I LS $ 830 1040 Planting 1 LS S L2_'5i17Z� . S 'LZSCZ 840 1050 Cl-4 Chain-link Fence with Vinyl 80 LF $ $ Clad Fabric on Wall �� �Z ' 850 1095 Bicvcle Rack with Shelter 1 EA $ 9,65 7,) $ Public Works/Engineering Tel:541/488-5347 20 Main Street Fax:541/488-6006 As Ashll and,Oregon 97520 TTY: 8001735-2900 www.ashland.or.us G:tpu1b-wrksteng102-05 N.Main Hersey Winter Intersection RealigntA_AdminlCons Pre Contract102-05 Addendum No t.docx R60 1095 Benches 3 EA $ 1..L'}Z.'Li $ Section 1100 Water Supply Systems 870 1120 Irrigation System 1 LS $ ZZ OVERALL BID TOTAL $ 1a-1 f2�7 Public Works/Engineering Tel:5411488-5347 20 As E.Main Street Fax:5411488-8008 �0® Ashland,Oregon 97520 TTY: 8001735-2900 _ LA ashland.or.us G:\pub-wrks\eng\02-05 N.Main Hersey Winner Intersection RealignW_Admin\Cons Pre Conlracl\02-05 Addendum No 1.docx RIGHT OF ENTRY AND AGREEMENT The City of Ashland Oregon (hereinafter CITY) is in the process of constructing the Hersey-Wimer Jog elimination project (hereinafter Project). John C. Colwell and Cheryl L. Colwell, as trustees of the Colwell Loving Trust(hereinafter OWNER), owns real property described as: See Exhibit A attached hereto and incorporated by reference as part of this document CITY and OWNER have not at this time agreed upon a fair price and other terms for an agreement allowing the CITY to construct a portion of realigned Hersey Street on the property above described. Owner does not object to the project and desires that the construction schedule be met. Therefore, CITY and OWNER agree as follows: 1) CITY may enter upon said real property for the purpose of constructing, maintaining, repairing and using the same for the realigned street over, across, in and through said real property. 2) CITY will immediately commence negotiations for payment of just compensation and for the resolution of other matters involving the OWNER'S property. 3) CITY agrees to commence a condemnation proceeding on or before September 1, 2012 for acquisition of the right-of-way and any and all other property rights to be acquired by reason of the Project in the event that agreement is not reached or if any dispute between the parties is not resolved by that time. . 4) It is understood between the parties that this permit establish any precedents, presumptions, or representations in favor of either party in future negotiations concerning fair cash market value or other issues unresolved between the parties. 5) It is further understood between the parties that, in the event the subject land is acquired by eminent domain, interest on any award will commence on the date that CITY takes physical possession of the property described. DATED this day of , 2012. OWNERS CITY OF ASHLAND By John C. Colwell, trustee Dave Kanner, City Administrator Colwell Loving Trust APPROVED AS TO FORM: Cheryl L. Colwell,trustee By Colwell Loving Trust David H. Lohman, City Attorney Right of Entry-01.Colwell Page I of 3 _ . . LAP! ® OUMVEYIN0 , LLC EXHIBIT "A" LEGAL DESCRIPTION—HERSEY STREET DEDICATION JOHN COLWELL TRACT—410 NORTH MAIN STREET ASSESSOR'S MAP NO. 39 lE 05 DA,Tax Lot 2500 A variable width strip of land to be dedicated to the City of Ashland, Oregon for public street purposes,over and across that tract of land described within Instrument No. 95-35359 of the Official Records of Jackson County,Oregon,said tract lying situate within the Southeast Quarter of Section 5,Township 39 South, Range 1 last of the Willamette Meridian, City of Ashland, Jackson County, Oregon,more particularly described and bounded as follows, to wit; BEGINNING at the southwest comer of Lot 6, Block 12 of the City of Ashland, according to the Official Map of Ashland adopted by the City Council on November 5, 1888, lying situate in the Southeast Quarter of Section 5 in Township 39 South,Range I East,of the Willamette Meridian, in Jackson County, Oregon;thence North 74°46'04"East,along the northerly line of Hersey Street,a distance of 100.00 feet to the southeast comer of that tract of land described within Instrument No. 95-35359 of the Official Records in said County; thence North 15°03'33"West, along the easterly line of said described tract, a distance of 1.35 feet; thence leaving said easterly line, 22.11 feet along the cusp of a 143.83 foot radius curve, having a delta angle of 08°48'28" (Chord bearing North 85°13'37"West,22.09 feet)to a point of reverse curvature; thence 59.20 feet along the arc of a 156.17 foot radius curve, having a delta angle of 21°43'06"(Chord bearing South 88°19'04"West, 58.84 feet);thence North 57°55'00"West, 32.51 feet to the easterly line of North Main Street; thence South 15 013'52" East,46.40 feet to the POINT OF BEGINNING. Containing 1877 square feet, more or less. Prepared by: 2'= Shawn Kampmann Professional land Surveyor Polaris Land Surveying LLC 5- P.O. Box 459 Ashland, Oregon 97520 (541)482-5009 - Renewal Date:6/30/13 Date:February 24,2012 SAsurveys\662-11\Colwell-Hersey Street Dedication Legal.doc P. O. box 459, Ashland, Oregon 97520 -. Phone: (541) 4132-5009 . Fax: (541) 466. 0797 Mobile: (541) 601-3000 - www.polariasurrey.con, RO Z N ry Zcc)w) m m 'o y�K ti n a r j, �Umj o vN w-xo W ZOItT J M14 ova' gpO � ww W v tiyp y ^3 N O� � 6 Q yarn Q < a V1 tn 0 U W h b I O I J0, I J0, O IAx LOr 70002 I - 0 y TA% LOT 70001 ` IW Z N 15'X'JJ° W 86.50' ll � pN oy 1' qp W � pO 0 w I Q W b z! P 91 o ydby�W � v {'S`n W Q _ }1 p 46,60' JO' JO' K „�— S 15'1352'E - 100.00' o N O R T H M A I N LST R E E ' a N `o o a 0 b h W 20' 20' � h o x I W 44 I o t o W N ~ ~ try I h R I r^ CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Award of a Contract to the Apparent Low Bidder on the Ashland Creek Bank Restoration Project FROM: James H. Olson, Engineering Services Manager, Public Works Department, olsonj @ashland.or.us SUMMARY On June 7, 2012 at 2:00 p.m. a single bid was received for the Ashland Creek Bank Restoration Project. The bid of$247,452 was offered by the local firm of Northwest Biological Consulting in conjunction with K and C Environmental, another Ashland enterprise. The bid is $2,458 below the engineer's estimate and contains all required backup data, pre-qualifications, acknowledgements, bid bond, and is a valid and legal bid. BACKGROUND AND POLICY IMPLICATIONS: Project Description: The Ashland Creek Bank Restoration Project is located on Ashland Creek in the vicinity of the Water Street Bridge. The project limits begin approximately 100 feet upstream of the bridge and extends to 200 feet below the bridge. The project has a number of goals and expected outcomes including: 1. Increase flood flow capacity through the Water Street Bridge 2. Remove silt accumulations below the dam and provide a means by which future accumulations of silt will be avoided 3. Remove invasive plant growth within the waterway 4. Restore and improve fish passage and habitat 5. Remove an existing low head irrigation dam which blocks fish passage on the creek 6. Reconstruct the intake of the Million Irrigation Ditch to fish friendly and Oregon Department of Fish and Wildlife (ODFW) standards 7. Provide increased flood protection for adjacent buildings and structures 8. Provide more appropriate stream bank plantings This project was developed by the City engineering staff with professional assistance provided by StreamFix, an Oregon City firm specializing in stream and wetlands rehabilitation. It has taken a full year to work through the many jurisdictional issues, and to acquire permits and approvals from the many regulatory agencies that protect our states waterways. We have acquired permits, approvals, or reviews from the following agencies: 1. Department of State Lands 2. United States Corp of Engineers 3. NOAA Fisheries 4. ODFW 5. Ashland Planning Department 6. Oregon State Watermaster Page I of 2 IW, CITY OF ASHLAND 7. Million Ditch Users Group S. Adjacent property owners Bidding Procedure: This project was first advertised on April 20, 2012. It was advertised statewide in the Daily Journal of Commerce as well as in the Mail Tribune. The project plans and specifications were placed on the City website and were sent to nine plan centers ranging from Klamath Falls, Oregon to Seattle, Washington. A total of 18 prospective bidders acquired plans and specifications. A pre-bid conference was held on May 2, 2012 with six potential bidders in attendance. Contractor Qualification: Because of the complexity of this project and the,expertise needed for work within a riparian way, a special pre-qualification form was created and required as part of the bidding process. All bidders were to list similar projects that they had completed in the past several years. Northwest Biological Consulting (NBC) and K and C Environmental listed several local projects including the Roca Creek Restoration Project which was completed for the City in 1999. NBC also worked with the City to develop the Jefferson Avenue Improvement Project that was completed two years ago. Judging from their past experience, NBC is well qualified to construct the Ashland Creek Bank Restoration Project. FISCAL IMPLICATIONS: This project is on our current capital improvement plan and was budgeted at $350,000 of which $55,544 has already been expended. The anticipated project costs are as follows: • Construction/NBC $ 247,452.00 • Engineering/StreamFix $ 93,320.00 PROJECT TOTAL: $ 340,772.00 Less previous expenses $ 55,544.00 Required in FY 13 $ 285,228.00 Amount Budgeted for FY 13 $315,157.00 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council accept the bid and authorize the award of contract to Northwest Biological Consulting in the amount of$247,452 for completion of the Ashland Creek Bank Restoration Project. The permits acquired for this project have a specified in-water work period between June 25, 2012 and September 15, 2012. There is insufficient time to rebid this project and it is unlikely that any additional bidders will participate or that lower bids will be acquired. NBC is well qualified to complete this work and should be awarded this contract. SUGGESTED MOTION: 1 move to approve the acceptance of the bid and award of contract to Northwest Biological Consulting in the amount of$247,452 for the Ashland Creek Bank Restoration Project. ATTACHMENTS: Proposal and Bid Schedule from NBC Page 2 of 2 Imo, City of Ashland,Oregon Ashland Creek Bank Restoration Project Project 2006-29 PROPOSAL AND BID SCHEDULE TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, CITY HALL,20 EAST MAIN STREET,ASHLAND,OREGON 97520. NAME OF BIDDER I, ,4, � CONTACT ADDRESS CITY C/G. STAT�E TELEPHONE NO. FAX NO. L (( (" Y" dQf�9 Cei EMAIL ADDRESS � t e&- ;1 a` , 4)4m ; - - 6. To the Honorable Mayor and City Council City Hall City of Ashland _ 20 East Main Street Ashland,Oregon 97520 In response to competitive bidding, this PROPOSAL is submitted as an offer by the undersigned to enter into a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, - transportation,equipment and services of all kinds required for,necessary for,or reasonable incidental to,the construction of the Ashland Creek Bank Restoration Project(hereinafter "Project") for the City of Ashland, Oregon, as shown in the contract documents on file at City Community Development Building, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. 1. The undersigned has familiarized themselves with the nature and extent of the Contract Documents, project work,site,locality,general nature of work to be performed by City or others at the site that relates to the project work required by the Contract Documents, local conditions, and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. 2. The undersigned has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical)at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with City of Ashfentl 22 the other terms and conditions- of the Contract Documents; and no additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such proposes. 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or - disqualified bidder. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities,or to accept any bid which appears to serve the best interests of the City. The City reserves the right to reject any bid not in compliance with all prescribed public bidding procedures and requirements,and may reject all bids for good cause upon a finding that it is in the public interest to do so. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid,and compliance with City public contracting rules. Additional evaluation criteria are as follows: None. 4. The deadline to file a written protest or request,pursuant to instruction to Bidders to change contract terms,conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid closing may be extended by the City to consider a protest or request. 5. All of the contract documents,including all plans,specifications,and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of said contract and solicitation documents. 6. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as part of the contract when issued. 7. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of receipt of such notice,execute a formal contact agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: • Performance Bond and Corporate Smety Payment Bond, both in the amount equal to 100% of the awarded contract; • Certificates of Insurance for Liability and properly damage coverage; • Certificates of Coverage for Workman Compensation and unemployment insurance; • All other bonds,permits,licenses,etc.as required in the contract documents. $. It is understood that all the work will be performed under a lump sum or ml it price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price _ named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price,it shall be computed on a basis of"extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment,or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner,the Engineer,or any other person,firm or corporation responsible for any errors or omissions that may appear in any estimate. 9. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid 23 City of Ashland comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 10. The undersigned agrees to furnish labor,tools, machinery, materials, transportations,equipment and services of all kinds required for, necessary for, or reasonably incidental to,construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the"BID SCHEDULE". IL In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 12. The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. The City reserves the right to reject any and all bids,waive formalities,or accept any bid which appears to serve the best interests of the City in accordance with ORS 279B.100. 13. The foregoing prices shall include all labor, materials,equipment,overhead, profit,insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy,the amounts shown in words will govern. 14. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days,deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of ten percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. Is. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276x) bidder agrees to comply with the Davis-Bacon Act requirements. "Prevailing Wage Rates for Public Woks Contracts in Oregon," which are incorporated herein by reference,and can be accessed at: littp://Nviviv.oregoti.gov/BOLJIWIID/IPWR/pivr—book.shtmi 16. The undersigned shall furnish bonds required by the specifications and comply with the laws of the Federal Government,State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the specifications. 17. Accompanying this Offer is a certified check, cashier's check or a bid bond, for the son of ?.,O ,payable to the City of Ashland, Oregon, this being an amount for ten percent(10%) of tine total bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (10)working days from the date of notification, then the City may,at its option,determine that the undersigned has abandoned the contract and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned. 18. The undersigned agrees to comply with the provisions of ORS 279C.800 to 2790870, the Oregon Prevailing Wage law. The undersigned,as bidder,acknowledges that provisions of ORS 279C.800—279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis- City Of AS[?J9nd 24 Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act requirements. The undersigned Contractor agrees to be. bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C.3141 to 3148. SOAR 137-049-0200(1)(a)(J)j. 19. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees; if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. .. 20. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 21. The undersigned agrees that the time of completion shall be defined in the specifications,and further, the undersigned agrees to initiate and complete this Project by the date stated below. _ • The work shall be commenced within 10 working days after receipt of the written Notice to Proceed. • The in-stream work shall be completed within the"in-stream work window"of August 1 through September 15, and all work shall be completed in all respects by end of work day December 12, 2012. • The undersigned agrees that the"Time of Completion"shall be as defined in the specifications and that the bidder will complete the work within the calendar dates stated for each schedule - after"Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as - liquidated damages,for each calendar day thereafter,the amounts shown in Standard Conditions, for each day the project remains incomplete. 22. The undersigned bidder is registered' with the Oregon Construction Contractors Board (CCB), the registration is current and valid,and the bidder's registration number is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. 23. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder's registration number is stated below. (OAR 137-049- 0200(1)(2)(l)j Bidder understands that failure to have a current LCB license shall result in rejection of this bid.. 24. In determining the lowest responsible bidder,City shall,for the purpose of awarding the contract,add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon.The undersigned represents him/tier self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank below. • The Bidder is or is not a resident Bidder as defined in ORS 279A.120. 25. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract o,the compensation to be paid hereunder and that no represenlalion, statement or statements, oral or in writing, of the City of asrtaod 25 City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract,and the papers made a part of its terms; 26. The undersigned has not directly Or indirectly induced or solicited any person to submit a false or sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and.is,in all respects,fair and without collusion or fraud .. 27. The undersigned confirms that this firm has a Qualified Drug Testing Program (o•employees in place and will demonstrate this prior to award of contract. [OAR 137-049-0200(1)(e)(B)) 28. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not anticipated in this contract. 29. The City of Ashland may waive minor informalities, reject any hid not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. 30. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. 31. The bidder understands that the City reserves the right to make changes to the Notice to Contractors/ Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will not mail notice of addenda but shall publish notice of any addenda on City's website and post the notice of addenda at Community Development. www.ashland.or.us The addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website and Community Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUMNUMBERLTHROUGH 2 HAVE BEEN REVIEWED 32. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the City's completion of file attached Bidder Responsibility Determination Form. - 33. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractor(those subcontractor contracting directly with the bidder)when the contract price exceeds$75,000(see ORS 279C.310). Specifically,when the contract amount of a first-tier subcontractor is greater than or equal to: (i)5%of the project bid,but at least$15,000,or(ii)$350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hoes of bid closing: • The subcontractor's name and address; • The subcontractor's Construction Contractor Board registration number,if one is required,and; • The subcontract dollar value. If you will not be using any subcontractors that are subject to the above disclosure requirements,you are required to indicate"NONE"on the form.Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. City Masan.„d 26 THIS DOCUMENT SHALL NOT BE FAXED.IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Notice to Contractors/Invitation to Bid. 34. Bidder Information and Signature A�h i I- (�r / i (�f ���n t t� ^fi$'e/( LY Finn Name of Bidder Signature of Biddei Printed Name ofBidd �-e [ Official Title S rpot / no CCB Number Dated this '7-47C day of t/� 2012. Name of Bidder Address �17 ���c(.1� ST Telephone No. 040(4 27 City of Asalznd BID SCHEDULE ASHLAND CREEK BANK RESTORATION PROJECT Project No. 2006-29 NO DESCRIPTION AND PRICE IN WORDS OTY. UNI UNIT PRICE A.YIOUNT ^ IGURES Mobilization and Traffic Control Mobilization for Dollars 1 Lump Sum 1 1,5 Lump Sum Temporary Work Zone&Traffic Control Cmuplete $ for Dollars Lump Sum $17r7� 2 Lump sum 1 LS Erosion Control for Dollars $ S j 9 Dc 3 Lump Sum 1 LS Lump Sum Dewaterine System for Dollars $ $ i (� �� p 4 Lump Sum 1 LS Lump Sum. In-stream &Riparian Area Construction work Earthwork fm' Dollars $ $2C.00O 5 Lum p Sum I LS Remove Existine Low Head Dam for Dollars 6 Lump Sum 1 LS $ $ 5"�O� Install 6"SDR 21 HDPE pipe(direct bury) for -- Dollars 7 Per Linear Foot 184 LF Install 6"SDR 21 HDPE Pipe(slip line) for Dollars $ 8 Per Linear Foot 145 LF Furnish and Install Fish Screen complete for Dollars $ $ 5)9 tg� 9 LUITIP Sum 1 LS Construct Porous Weir for Dollars $ l 10 Each � �, �CII� $ Ilc,9�g 6 EA Remove Concrete Block Debris for Dollars $ $ 11 Lum Sum 1 LS Remove Exist Trees Shrubs and Stumps for Dollars $ $4 7?—p 12 Lum Swn I LS Riparian Plantine Cily of Ashlantl 28 NO DESCRIPTION'ANDPRICE INWORDS QTY. UN] UNIT PRICE AMOUNT — (FIGURES) Plantine,complete for Dollars $ $ 7007 13 Lump Sum I LS BASE BID TOTAL Ir, [orr \ Words $ p �' SeveH"ty Se.u;u� llol�tsxS, ADDITIVE ALTERNATIVE DESCRIPTION AND PRICE IN WORDS QTY UNIT UNIT PRICE AMOUNT (FIGURES) Debris Removal and"fop Soil Replacement for Dollars 1 LS $ $ 7�375 Lwn�Sum ALTERNATIVE BID TOTAL ords J City of AsNanr/ 29 City of Ashland FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360)ASHLAND CREEK BANK RESTORATION PROJECT PROJECT 2006-29 Bid Closing Date:2:00 PM(PDT)May 23,2012 NAME OF SUBCONTRACTOR CATEGORY OF WORK DOLLAR VALUE 2. 3 4 5 6 7 8 9 10 • List above the Name, Dollar Value and Category of Work of each subcontractor that will be furnishing labor or labor and materials and that is required to be disclosed,the dollar value of the subcontract and the category of work that the subcontractor will be performing. Enter"NONE"if there are no subcontractors that need to be disclosed.(ATTACH ADDITIONAL SHEETS IF NEEDED). City cr Ashiand 30 CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting 2012-13 Chamber of CommerceNisitor & Convention Bureau and Oregon Shakespeare Festival Tourism Promotion Contracts FROM: Lee Tuneberg, Interim Assistant City Administrator, tuneberl @ashland.or.us SUMMARY Through the annual Transient Occupancy Tax (TOT) allocation resolution, both the Chamber of Commerce/VCB and the Oregon Shakespeare Festival are directly allocated funds each fiscal year for tourism promotion. The attached contracts reflect the amounts allocated to the Chamber and OSF by Council and the services to be provided and reported in exchange for the allocation of funds. BACKGROUND AND POLICY IMPLICATIONS: On February 21, 2012, Council adopted resolution 2012-04 allocating the anticipated revenues from the TOT for Fiscal Year 2012-13. The resolution establishes both tourism and non-tourism allocation methodologies. The Chamber of.CommerceNCB was allocated 56%of the tourism funds, totaling $297,956 and OSF had an approved allocation of$110,000, estimated at 21% of total tourism funds. Chamber of Commerce/VCB Contract The ChamberNCB contract was updated in FY 2011-12 to include specific visitor promotion activities, actions and performance measures that correspond with the City's Economic Development Strategy. Because the reporting for the first year of that updated contract content will not be submitted until January of 2013, the proposed contract content remains consistent with the changes made in FY 2011-12. Oregon Shakespeare Festival Contract The proposed contract for OSF is consistent with previous years and matches the format and content of the Economic Development, Cultural, Tourism and Sustainability Grant recipient contracts, which includes updated reporting requirements consistent with resolution 2012-05 adopting an updated Economic Development, Cultural, Tourism and Sustainability grant policy and process. FISCAL IMPLICATIONS: Both the ChamberNCB and the OSF funding allocations included in the proposed contracts were approved in resolution 2012-04 and have been incorporated into the General Fund of the 2012-13 adopted budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council adopt each contract. Page 1 of 2 �r, CITY OF ASHLAND SUGGESTED MOTION: 1) I move to accept and approve the Chamber of CommerceNisitor & Convention Bureau tourism promotion contract as presented. 2) I move to accept and approve the Oregon Shakespeare Festival tourism promotion contract as presented. ATTACHMENTS: Resolution 2012-04—FY 2012-13 TOT anticipated revenue allocations Draft Chamber of COmmerceNCB Tourism Promotion Contract Draft Oregon Shakespeare Festival Tourism Promotion Contract Page 2 of 2 �r, RESOLUTION NO. a o 1a -ay A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ALLOCATING ANTICIPATED REVENUES FROM THE TRANSIENT OCCUPANCY TAX FOR THE FY 2012-2013 BUDGET AND REPEALING RESOLUTION 2011-07. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax, as outlined in the Ashland Municipal Code 4.24. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development,tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. The City of Ashland has adopted policies for the grant program. Through the grant program, the City is purchasing services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. • Cultural Development. The grant program will support increased diversity and accessibility of the creative arts and cultural opportunities in Ashland for citizens and visitors both to support the visitor economy and to enrich the quality of life in the community. • Sustainability. The grant program will support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. SECTION 3. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23%of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws,and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818 requires 70%of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%: 1. A minimum of 14.23%of the estimated TOT revenue to be generated by the first 7%tax rate for tourism promotion per Chapter 818, 2. A minimum of 706/o of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3,2008 for tourism promotion per Chapter 818. For fiscal year 2012-2013, the City of Ashland expects to budget $1,995,000 in total Transient Page 1 of 3 Occupancy Tax. Those funds are split between tourism and non tourism uses as follows: Tourism (26.67%of total): $ 532,065 Non Tourism (73.33%of total): $1,462,935 Tourism Portion Chamber of Commerce VCB - 56% of Tourism funds, estimated for $297,956 FY 2012-2013 as Oregon Shakespeare Festival—$110,000 of Tourism funds, $110,000 estimated as 21%for FY 2012-2013 City Economic,Cultural,and Sustainability Grant program - 10% of $53,206 Tourism funds,estimated for FY 2012-2013 as Public M— 3% of Tourism funds,estimated-for-FY 2012-2013 as $15;962 Othcr City Capital Projects that qualify or Grants -the balance of $54,941 Tourism funds,estimated for FY 2012-2013 as If the actual TOT revenue,dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s)will he reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. Non Tourism Portion The remaining estimated TOT revenue(not restricted by use)will be appropriated for other uses through the budget process with the following priorities and dollar amounts as minimums unless insufficient tax proceeds remain after meeting tourism requirements: 1 st Priority General Fund operations— 80% of Unrestricted funds, $1,170,345 estimated for FY 2012-2013 as 2nd Priority City Economic Development program - 10% of Unrestricted $146,295 funds, estimated for FY 2012-2013 as 3rd Priority City Economic, Cultural, and Sustainability Grant program, the $146,295 balance estimated for FY2012-2013 as Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds are available for granting purposes and they will then be made available for the coming budget process and allocation. If insufficient TOT revenues are generated for the above allocations, the highest priority uses will receive their full allocation before a lower priority allocation. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. SECTION 4. Resolution 2011-07 is repealed upon passage of this resolution. Page 2 of 3 SECTIO 5. This resolution was duly PASSED and ADOPTED this day of IJ 2012 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder ��j SIGNED and APPROVED this day of L°7 ' 2012. o Stromberg, Mayor Revi ed as to form: David Lo tan,City 7torney Page 3 of 3 CITY OF ASHLAND Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (Chamber) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2012-13. Recitals A. The VCB shall receive $297,956 for promoting tourism in Ashland based upon Ashland City Council Resolution 2012-04. Expenditures of these funds must meet the requirement of ORS 320.300 through ORS 320.350. B. The City, Chamber and VCB now enter into this Agreement. Purpose The City grants funds to the VCB to promote Ashland to visitors traveling from more than 50 miles to Ashland and to visitors who stay overnight in Ashland. Promotion includes advertising, publicizing, distribution of printed materials, marketing special events and festivals, conducting strategic planning, visitor center management and research necessary to stimulate tourism development. VISITOR AND CONVENTION SERVICES In conducting the work under this grant, the Chamber will emphasize in its Visitor and Convention Bureau (VCB) activities: • Ashland as a high quality destination in the winter, spring, and fall as well as the summer. • Ashland as a destination for people of all ages, including families with young and school-aged children • Ashland as a center for cultural, social, and intellectual pursuits • Ashland as a center for high quality outdoor recreational opportunities VISITOR AND CONVENTION SERVICES TASKS: 1. The VCB will develop and implement a strategy to maintain current levels of tourism in the summer months and increase tourism in fall, winter, and spring. This strategy should rely on the best available research into visitor behavior and best practices in the VCB industry. 2. The VCB will help the City leverage its investment into cultural and economic development grants by promoting the events and performances of groups that receive small grants from the City. 3. The VCB will provide accurate and timely information to potential visitors and on-site information about the community to people who are vacationing. 4. The VCB will have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community. 5. The VCB will market and promote festivals and events in the fall and early spring, especially those provided by other recipients of cultural and economic development grants from the City. 6. The VCB will develop specific marketing campaigns targeted at attracting visitors in the shoulder and winter season and at extending the length of stays of visitors in the summer months. 7. The VCB will develop an electronic marketing campaign that encourages return visits and assists in developing a more accurate profile of the types of people who visit Ashland and of the types of activities, events, campaigns, or festivals that would encourage expansion and diversification of the visitor base. REQUIRED REPORTING The Chamber shall provide an annual report to the Ashland City Council no later than January 31 on its previous year's activities. The report should include: 1. A summary and analysis of the specific steps taken to perform the tasks in this contract for VCB activities. 2. Performance Measures. The Chamber shall include data that measures its effectiveness in tourism promotion in its report. At a minimum, the Chamber will include data that describes data that measures the total collection of both transient occupancy tax and food and beverage tax, by quarter, in the grant year over the previous year. The City will assist in providing this data to the Chamber. The report should analyze and describe how tasks identified in this grant agreement affected TOT and F&B tax collections. The City also requests that the Chamber work with the lodging industry to produce reports about occupancy rate in local lodging establishments, by quarter, in such a way that this data can be tracked over time. 3. A report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland. Include samples of advertising, which include family, quality of life and educational opportunities. The report should include a description of the specific promotion activities targeted at attracting visitors to Ashland during the fail, winter and spring. Include samples of advertising, which include family, quality of life and educational opportunities. 4. A report about the VCB's analysis of the viability of new festivals and events for supporting additional tourism in the fall and spring, including efforts the VCB made to support other recipients of cultural and economic grants from the City. 5. A report on activities by the Chamber on projects conducted in cooperation with other organizations, businesses, and people to support the work of this contract. General Provisions 1. Amount of Grant. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 2 4. Financial Records and Inspection. Grantee includes in the annual report to the City a) copies of 5016 letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c)financial statements showing previous year expenses and revenues; d) current and projected budgets (total organization and individual program's funded by this grant). Grantee's report should show the relative share of City funds expended compared to overall project funds. 5. Living Wage Requirements. If the amount of this agreement is $18,890.00 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to remedy any material breach of any of Grantee's obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if Grantee fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this agreement, the City, by written notice of default to the Grantee, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. 7. Amendments. The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services relating to Grantee's obligation under the terms of this agreement). Grantee shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City. 9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of$1,000,000 per occurrence (combined single limit for_bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures. Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Grantee, by the signature below of its authorized representative, acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions. 3 �r, 11. Dispute Resolution. In the event of any dispute between the parties relating to this agreement, the parties shall attempt alternative dispute resolution (mediation or arbitration) prior to filing any formal legal action. 12. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland Ashland Chamber of Commerce: Dave Kanner, City Administrator Sandra Slattery, Executive Director 20 East Main 110 East Main Ashland, OR 97520 Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signature below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions. City of Ashland Ashland Chamber of Commerce and Visitor and Convention Bureau By By Title Title Date Date a �r, CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND GRANTEE: Oregon Shakespeare Festival 20 E Main Street Address: PO Box 158 Ashland OR 97520 Ashland, OR 97520 (541)488-5300 FAX: (541) 552-2059 Telephone: (541)482-2111 Term of this agreement: July 1, 2012 to June 30, 2013 Amount of grant for Tourism: $110,000, which will be disbursed in 12 monthly installments for FY 2012-2013. Budget subcommittee: Economic and Cultural Development Contract made the date specified above between the City of Ashland and Grantee named above. RECITALS: City grants the identified amount for the stated purpose above. Pursuant to ORS 279A.025(2)(d), this Grant agreement [ORS 279A.010 (k) (A) (ii)] is not a public contract for purposes of ORS 279 A-C. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract, the City agrees to provide funds in the amount specified above. Grant funds shall be utilized or contractually committed in the fiscal year for what they are awarded. 2. Qualified Work. Grantee has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Grantee must also maintain a current City business license. 3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in this contract and per Resolution 2012-05 with modifications, if any, made by the budget subcommittee designated above or City Council. Grantee shall acknowledge the City as a funding source in all printed and electronic notices and advertisements relating to the use of these grant funds. Grantee agrees to report on the use of grant funds following the event or prior to October 1"following the end of the grant award period (July 1-June 30), whichever occurs first. Reporting requirements set forth in Resolution 2012-05 (see attached). Transient Occupancy/Lodging Tax allocations are set forth in Resolution 2012-04 (see attached). 4. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this contract is terminated shall be returned to the City within 30 days of completion or termination. 5. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded in accordance with generally accepted accounting principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books, records, papers or documents relating to the use of grant funds. 6. Living Wage Requirements. If the amount of this contract is $18,890 or more, and if the Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this contract. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 7.Termination. a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Grantee, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the grant; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the grant purposes are no longer allowable or appropriate for award under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Grantee to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. 8. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this contract or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may terminate the whole or any part of this contract and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. In the event of termination, City may stop payment or withhold any Grant funds in City's possession from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds. In addition, City shall be entitled to recover any administrative costs, including attorney fees or collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of termination, if Grant funds are not returned or it is found that Grant funds were misappropriated, Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in addition to any other rights and remedies available to the City under the law. 9. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this contract and subject to all other contract provisions. 10. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services attendant to this agreement). Grantee shall not be held responsible for damages caused by the negligence of City. 11. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance. The liability under each policy shall be a minimum of$1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or$1,000,000 per occurrence for bodily injury and $100,000 occurrence for property damage. Liability coverage shall be provided on an "occurrence" not"claims"basis. The City of Ashland, its officers, employees and agents shall be named as additional insured's. Certificates of insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee shall at its own expense provide the following insurance: Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 12. Assignment and Subcontracts.Grantee shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Grantee shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions. 14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City(and/or any other or department of the State of Oregon)and the Grantee that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personal jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has, insufficient appropriations, limitations or .other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no further liability to Grantee. 16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules, and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex, marital status, sexual orientation, age, medical condition, or disability. GRANTEE CITY OF ASHLAND By By City Representative Title Date Date CITY OF ASHLAND Council Communication June 19, 2012 - Business Meeting Special Procurement — Neilson Research, Water Quality Testing FROM Greg Hunter, Water Treatment Plant Supervisor, greg.hunter @ashland.or.us David Gies, Waste Water Treatment Plant Supervisor, david.gies @ashland.or.us Steve Walker, Water Division Supervisor, steve.walker @ashland.or.us SUMMARY This special procurement will allow the City to retain control of the water samples and ensure that the samples are handled in the most efficient and appropriate manner because the samples can be taken, tracked, and hand delivered by City employees to Neilson Research in Medford, Oregon. Neilson Research is the only state certified lab located in the Rogue Valley. If the'testing were not done locally, the handling of samples would need to be coordinated with the schedules of local shipping carriers and the City would not be able to guarantee the samples are handled appropriately in regards to time/temperature in transit. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed Special Procurement, Approval Request Form, and quotes are attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: G. Special Procurements — a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for water quality testing required by the WTP, WWTP and Water Division. STAFF RECOMMENDATION AND REQUESTED ACTION: Page 1 of 2 C_\ CITY OF ASHLAND Staff recommends that the "Contract-specific Special Procurement"be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Neilson Research for water quality testing. ATTACHMENTS: Form #9, Special Procurement, Request for Approval Quotes provided by Neilson Research for WTP, WWTP and Water Division Page 2 of 2 IA, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Greg Hunter(WTP), David Gies (WWTP) and Steve Walker(Water Division) Date: June 19, 2012 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works-WTP,WWTP and Water Division 2. Department Contact Name: Greg Hunter(WTP).David Gies(WWTP). Steve Walker(Water Division) 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From July 1,2012 To: June 30,2016 5. Total Estimated Cost: Estimate for FY 2013- $62,740.50 Individual quotes for FY 2013: WTP$22,933.00.WWTP$27.442.50.Water$12.365.00 6. Short title of the Procurement: WATER QUALITY TESTING-NEILSON RESEARCH Supplies and/or Services or class of Supplies and/or Services to be acquired: WTP/Water Division-EPA Mandated Water Quality Testing WWTP-DEO Mandated Waste Water Effluent Testing 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to,also include the following types of documents:Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s),Contract Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: A Contract-specific Special Procurement was processed and approved by Council on July 28,2008 to directly award a contract to Neilson Research for a term of 4 years,and it is due to expire on June 30,2012. Form#9-Spedal Procurement-Request for Approval,Page t of 3,6/6/2012 Proposed procedure: The proposed procedure is"direct award"to Neilson Research per these written findings. Individual quotes were requested and received by the WTP,WWTP and Water Division for the mandated water quality testing. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Neilson Research is located in Medford,Oregon. Many samples are timeltemperature sensitive and must be received by the lab within 24 hours; therefore,having the ability to hand deliver the samples rather than paying the additional cost for shipping,including overnight vernig_ht shipping services and receipt confirmation,would result in a substantial cost savings for the City. The two major carvers,UPS and Federal Express,have preset schedules for pickups and deliveries and it would require the City to coordinate the actual time samples are taken, including the requirements of each test, to correspond with the p escheduled UPS and/or Fed Ex pickups. Most importantly,the City can ensure that the samples are handled in the most efficient and appropriate manner because the samples can be taken, tracked-and hand delivered by City employees to Neilson Research Lab located in Medford,Oregon. And,Neilson Research has consistently provided reliable and timely test results to the City. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_(a)will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This direct award will be unlikely to encourage favoritism or substantially diminish competition because Neilson Research is the only state certified lab and the only local testing lab in the Rogue Valley. (The next closest state certified lab is located in Roseburg-Oregon. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement);and X_(b)(i)will result in substantial cost savings to the contracting agency or to the public because: Many samples are time/temperature sensitive and must be received by the lab within 24 hours and not exceed a certain temperature;therefore,having the ability to hand deliver the samples rather than paying the additional cost for shipping individual samples overnight with receipt confirmation provides a substantial cost savings to the City. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or X_(b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055,27913.060,279B.065, or 27913.070,or any rules adopted thereunder because: Directly awarding the water quality testing services'to Neilson Research will promote the public interest by ensuring that the mandated testing is performed in a manner that meets all state and federal requirements and the City retains control of how and when the samples are received at the lab. (Please provide specific information that demonstrates how the proposed Special Procuuement meets this requirement) Form#9-Special Procurement—Request for Approval,Page 2 of 3,6/6/2012 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven(7)day protest period. Date Public Notice first appeared on www.ashland.or.us-lfopproverl June 20, 20121 PUBLIC NOTICE Approval of a Special Procurement First date of publication: (ffopproved, .bore 20. 20121 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board,on 1lfapproved June 19. Z012]. 7 tis "Conhcrct-specili( trctr processed at seek an exemption' the competitive hidprocess to directly aivord a ater quality te:stin;;sen ices to Yeilson Research m Afedirn d, On—On, A'eils)rt Research is the only local.sl ate certified h1h in the Rogue Vallev, and ii is imperrnive that ntcrndctted ivaler quality i stingfirr the 1+71', H71-77,and lfowr Division he alone in a manner that nuaets allstate and kderal requirements. Ahtny<lthe required tests are tune%lenrperahrr e seneFtire and nmst he reeeAvd m the lah within 24 houtts, and the City is able to retain control of how and when samples ctre taken, hacked, orrd hontl delivered to Anedwn Research, It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts,and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055,279B.060, 279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland,Karl Olson,Purchasing,90 N. Mountain Avenue,Ashland,Oregon, 97520.The seven(7)protest period will expire at 5:00pm on lIfaftprored-j.)uhlisheci June 27. 30131. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form#9-Special Procurement-Request for Approval,Page 3 of 3,6/6/1012 i NEILSON RESEARCH CORPORATION Analytical Laboratory Quote 245 South Grape Street MEDFORD, OR 97501 Customer No.: ASHLAND-DW Quote No.: 701 Quote To: Ashland, City of Ship To: Drinking Water 90 North Mountain Ashland, OR 97520 --ill All l .. 05/22/12 Net 30 ._._..__. Sales NRC 05/22/12 IteraNurnber Description Unit Price 1 VOC VOC's-Full Analysis-Water 210.00 210.00 32 TTHM/HAA TTHMIHAA Package 225.00 7200.00 24 5310C Total Organic Carbon (TOG) 55.00 1320.00 12 310.1 Alkalinity,Total 27.50 330.00 4 TOP35 Top 35 Water Analysis 250.00 1000.00 1 NO3 Nitrate by EPA 300.0 36.00 38.00 1 GAR Gross Alpha Radiation 125.00 125.00 Subcontracted 1 RADIUM Radium 226/228 290.00 290.00 1 URANIUM Uranium 90.00 90.00 1 ICP ICP 6010/200.7 Metals 45.00- 45.00: +Digestion Sodium - 2 SOC Synthetic Organics SOC 1175.00 2350.00 336 DCITY Total Coliform Bacteria 22.50 7560.00 50 QUANTI Quanti-Tray 47.50 2375.00 Total Coliform& E.Coll Quote subtotal 22933.00 Quote total 22933.00 Thank You NEILSON RESEARCH CORPORATION Quote Analytical Laboratory 245 South Grape Street MEDFORD,OR 97501 Customer No.: ASHLAND-WW Quote No.: 716 Quote To: City of Ashland_WWTP Ship To: Wastewater Treatment Plant 90 N.Mountain - ASHLAND,OR 97520 //ry Cam.f.G; "I,-, �� C`).-tc.?..C, / r. 70 . r 05/29112 I Net 30 . .... --- ------... - -- ._ -NRC ' 05/29/12 Item Number : � D- 92 350.2 Ammonia Nitrogen 37.50 3450.00 12 350.2 Ammonia Nitrogen 75.00 900.00 Rush 2 X list once per month 92 NO3 Nitrate+Nitrite 35.00 3220.00 12 NO3 Nitrate+Nitrite 70.00 640.00 Rush 2 X list once per month 92 351.3 Tot.K)eldahi Nitrogen: 52.50 4830.00 12 351.3 Tot.KJeldahl Nitrogen: 105.00 1260.00 Rush 2 X list once per month 40 365.3 Phosphorus,Total 47.50 1900.00 64 365.3 Phosphorus,Total 95.00 6080.00 Rush 2 X list 8 months/yr 3 624 Volatiles-GCMS Waste 210.00 630.00 Water 3 625 Semi Volatiles-Wastewater 400.00 1200.00 3 608 Pesticides&PCB's 225.00 675.00 3 335.3 Cyanide 65.00 195.00 Weak Acid Dissociable 3 335.3 Cyanide:Total 65.00 195.00 3 ICP-MS ICP-MS: EPA 6020/200.8-Sb, 272.00 816.00 As,Ba,Be,Cd,Cr,Cu,Mo,Pb,Ni 3 ICP ICP 6010/200.7 Metals 83.00 249.00 Fe&Hardness 3 420.1 Phenolics 75.00 225.00 3 1631 Mercury by EPA 1631 100.00 300.00 Subcontracted 3 245.1 Mercury:Cold Vapor,AA 47.50 142.50 Thank You NEILSON RESEARCH CORPORATION Analytical Laboratory Quote 245 South Grape Street _ MEDFORD, OR 97501 Customer No.: ASHLAND-WW Quote No.: 716 Quote To: City of Ashland WWTP Ship To: Wastewater Treatment Plant 90 N. Mountain ASHLAND, OR 97520 05/29/12 .I I I Net 30 NRC 1 05/29/12 Description unit pricu Aniount 0 1 SA Sludge Analysis:Ag,As,Cd,Cr 335.00 335.00 Cu,Hg,K,Mo,N I,Pb,Se,Zn,TKN, Am N,NO3-N,Phos,TS,VS,pH Quote subtotal 27442.50 Quote total 27442.50 Thank You May. 29. 2012 4:07PM Neilson Research Corporation No. 9615 P. I NEILSON RESEARCH CORPORATION AnaMlcal Laboratory Quote 246 oulh Orepe Street MEDFORD,OR 97601 Oustomer No.: ASHLAND-DW Quote No.: 701 Quote To: Ashland,City of Ship To: Drinkinp Water 90 North Mountain et-_ Ashland,OR 07620 i 08/29112 Net 30 NRC 06/29/12 , 2 op a WaterAnalyals 6 . 0 .00 Lllhle Well 300 DCITY Total Collform Baoteria 22.60 0760.00 76 QUANTI Quanttdray 47.60 3662.60 Total Collform&E.Coil 67 DCITY Total Collform Baolerla 22.60 1282.60 Speolal Bacterias 12 DCITY Total Collform Baolerla 22.60 270.00 Uthla Bacterium i Quote subtotal 12306.00 Quote total 12366.00 Thank You CITY OF ASHLAND Council Communication June 19, 2012 - Business Meeting Sole Source Procurement with Dry Creek Landfill for Disposal of Biosolids FROM David Gies, Waste Water Treatment Plant Supervisor, david.gies @ashland.or.us SUMMARY The wastewater treatment plant operates under a DEQ permit and the-biosolids that are generated at the plant are required to be disposed of on a daily basis. Dry Creek Landfill is the closest approved disposal site, and they have provided the City with a quote of$49.50 per ton with a $300.00 per load minimum fee. The estimate for FY 2012-2013 is 3,310 tons for a total of$164,838.00. This Sole Source Procurement is being requested for a term of three (3) years beginning July 1, 2012 and expiring on June 30, 2015. BACKGROUND AND POLICY IMPLICATIONS: The "Sole Source Procurement' for Dry Creek Landfill that was processed and approved by Council on July 21, 2009 will expire on June 30, 2012. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model Rules except for the following: F. Sole Source Procurements — a public contract in which the Department Head finds in writing that there is only one provider of a product or service of the quality and type required available. 1. Sole-source procurements shall be awarded in accordance with ORS 27913.075 and all other applicable provisions of law. FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for the disposal of biosolids. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Sole Source Procurement' be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Dry Creek Landfill for the disposal of biosolids. ATTACHMENTS: Form #6, Sole Source Determination and Written Findings Quote provided by Dry Creek Landfill Page 1 of I CL AI CITY OF FORM #6 ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Greater than $100,000 To: City Council, Local Contract Review Board From: David Gies, Wastewater Treatment Plant Supervisor Date: June 19, 2012 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writine that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: FY 2013 Estimate - $164,838.00 Project name: Dry Creek Landfill ' Description of goods and services: Location for the disposal of biosolids. Background: The City of Ashland operates its Wastewater Treatment Plant under a permit issued by the Oregon Department of Environmental Quality. We are required to dispose of the biosolids generated at our facility on a daily basis. These solids need to be handled properly and buried in a timely manner. We generate on average one 12 yard dump truck of solids daily. Dry Creek Landfill is the closest approved site that we can dispose of these solids for burial. The Wastewater Division is focused on efficient cost savings and will look to improve the consistency in the biosolids drying process to ensure a drier product thereby reducing the weight and effectively reducing the overall cost of disposing biosolids. Dry Creek Landfill has provided the City with a quote of$49.50 per ton with a $300.00 per load minimum fee. The estimate for FY 2012-2013 is 3,310 tons for a total of$164,838.00. This Sole Source Procurement is being requested for a term of three (3) years beginning July 1, 2012 and expiring on June 30, 2015. Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 1 of 3,6/612012 Findings: (The findings below must include factual information supporting the determination.) Market Research Overall finding: Dry Creek Landfill is the closest approved disposal site. fht accordance with ORS 279B.075 these are the examples of findings that should be addressed. Select at/east one of the Tndines and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findines are as ollows. Pursuant to ORS 27913.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. N/A Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. N/A Form#6-Sole Source—Goods and Services—Greater than$100,000,Page 2 of 3,6/6/2012 PUBLIC NOTICE: Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the Contract Review Authority's determination that the Goods and Services or class of Goods and Services are available from only one source in a manner similar to the public notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the Contract. After the Sole Source Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us -L1i au/5r',1Y14 1 In e "'0 20121 PUBLIC NOTICE Approval of a Sole Source Procurement First date of publication: f ft'approved. Jtme 20 20121 A request for approval of a Sole Source procurement was presented to and approved by the City Council,acting as the Local Contract Review Board,on[(f upprmx;d .hare 19, 20121. It has been determined based on written findings that the following Goods and Services are available from only one source. Biosolii/s f-ont the R'asteu-ater Ti etuinew/Tart are required to he diepr'rex d of in a mnrmerthut rneet.r a//federal arnlsuue ragulcrticin�. the</o,r�w local approved di.�pnsul site fr>r hinrali�ic in thcr Rogue T�rrller.is Dry,L peek Lurui;ill. 73insufidr ar e batitad Bail y to the lundjill site fibr hurial. lbv Creek L:a xJfill gill arrept the material anhe currern fer>n/' ,549.80 per ton e ffi ciive.hily 1, 2012. the Na�terrcrter l�irision i.r fitcusxul rna efJic'ieat cast sarin,�..r and will/oak to improve the cvnaia7encv in the hiv,rnikZs drrin;prvc:esa to ensure u drier product iherehr reducing the nci,L�ln urnf eflectivel.v)will nrg the oven I//cost of divmsin�hiosoliek _ The contract terms,conditions and specifications may be reviewed upon request by contacting the Purelutsbvg Representative, h-ari O/sou, w 541-4,"-5;54. An affected person may protest the determination that the personal services are available from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland, Kan Olson, Purchasing Representative,90 N. Mountain,Ashland,97520. The seven (7)day protest period will expire at 5:00pm on fifapproued<utd published—.lure 27, 201-2 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source procurement. Form#6-Sole Source-Goods and Services-Greater than$100,000,Page 3 of 3,6/6/2012 May 18, 2012 City of Ashland Public Works Attn: David Gies 90 N .Mountain Ave: Ashland, OR 97520 Via Email: Re: Dry Creek Landfill, Inc. Account#02-993 4 Dear Mr. Gies, At your request, I have the following information regarding landfill rates: Effective July 1, 2012 our rate will be$49.80 per ton with a $300.00 per load minimum fee. Rates are subject to change. Our customers will receive written notice prior to any rate change. Please let me know if I can be of further assistance. Thank you, DRY CREEK LANDFILL, INC. Katie Sellers 541.494.5422 CITY OF ASHLAND Council Communication June 19, 2012 — Business Meeting Approval of a contract with Pathway Enterprises for Janitorial Services FROM Mike Morrison, Public Works Superintendent, mike.monison @ashland.or.us Don Robertson, Ashland Parks & Recreation Director, don.robertson @ashland.or.us SUMMARY The City and Ashland Parks Commission will each enter into a contract with Pathway Enterprises for janitorial services. Pathway Enterprises is a local Qualified Rehabilitation Facility (QRF) in Ashland and in accordance with ORS 279.850, the City is required by law to contract with a QRF if they can provide the product or service as specified and required by the City. The intended term for these janitorial services contracts is July 1, 2012 to June 30, 2013. BACKGROUND AND POLICY IMPLICATIONS: The existing contracts with Pathway Enterprises will expire on June 30, 2012. ORS 279.840 Purpose. The purpose of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 is to further the policy of this state to encourage and assist individuals with disabilities to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and constant market for sheltered workshop and activity center products and services, thereby enhancing their dignity and capacity for self-support and minimizing their dependence on welfare and need for costly institutionalization. [1977 c.304 §2; 1989 c.224 §43; 2003 c.794 §229c; 2007 c.70 §63] ORS 279.845 Duties of Oregon Department of Administrative Services; prices for products and services of nonprofit agency for individuals with disabilities; sources of products and services; rules. (1) It is the duty of the Oregon Department of Administrative Services to: (a) Determine the price of all products manufactured and services offered for sale to the various public agencies by any qualified nonprofit agency for individuals with disabilities. The price shall recover for the workshops the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement; (b) To revise such prices from time to time in accordance with changing cost factors; and (c) To make such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary to carry out the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. (2) The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency, which the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and revisions Page 1 of 2 11rALA, CITY OF ASHLAND thereof shall be distributed to all public purchasing officers. (3) The department may not delegate any duty imposed under this section to any person or public agency outside of the department. ORS 279.850 Procurement of product or service; agreements for procurement. (1) If any public agency intends to procure any product or service on the procurement list, that public agency shall, in accordance with rules of the Oregon Department of Administrative Services, procure such product or service, at the price established by the department, from a qualified nonprofit agency for individuals with disabilities, provided the product or service is of the appropriate specifications and is available within the period required by that public agency. (2) In furthering the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335, it is the intent of the Legislative Assembly that there be close cooperation between the department, public contracting agencies and qualified nonprofit agencies for individuals with disabilities. The department on behalf of public contracting agencies and qualified nonprofit agencies for individuals with disabilities is authorized to enter into such contractual agreements, cooperative working relationships or other arrangements as may be determined to be necessary for effective coordination and efficient realization of the objectives of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law requiring procurement of products or services. FISCAL IMPLICATIONS: Funds are budgeted each fiscal year by the City and Ashland Parks & Recreation for janitorial services. Pricing proposals for FY 2012-2013 City of Ashland - $93,199.05 Ashland Parks Commission - $50,756.14 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the public contracts for janitorial services be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Pathway Enterprises forjanitorial services. ATTACHMENTS: Pricing proposal letters provided by Pathway Enterprises (Detailed cost spreadsheets are available upon request) Page 2 of 2 :'..1 i Pathway I SA r MEMBER Enteipises, Inc. Th .sl,cTs on ClerarrS aml\blydpn2nce j i June 6,2012 Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 Ms. Olson, 1 have prepared our Janitorial pricing proposal for the City of Ashland based on the current Living Wage of$13.96 per hour. In addition, I updated our fringe rates and incorporated supervisory tinge for our operations. I have also added a proposal to begin twice annual hard floor stripping and finishing as well as carpet cleaning. I propose that our price increase frorn $78,522.52 to$93,199.05 for a total annual increase of$14,676.53. The new floor services represent$11,369.41 of this increase amount. The updated changes for 2012-2013 services are as follows— Monthly 2011 2012 City Hall 1084.46 1103.16 Community Development 1636.36 1729.48 Municipal Court 582.74 621,37 Police Department 984.12 1006.8 Service Center 833.6 862.27 j -Street and Shop 370.9 417.94 j The Grove 883.78 910.45 Carpet and Hard Floors 0 947.45 Difference Total 8,386.96 9,610.92 1,223.96 Annual 2011 2012 City Hall 13,013.52 13,237.92 Community Development 19,636.32 20,753.76 Municipal Court 6,992.88 7,456.44 Police Department 11,809.44 12,081.60 Service Center 10,003.20 10,347.24 Street and Shop 4,450.80 5,015.28 The Grove 10,605.36 10,925.40 Carpet and Hard Floors - 11,369.41 Difference Total 78,522.52 93,199.05 14,676.53 I i i i II I j Pail MY `� ISSA MEMBER �j� [� Tj�(► Th; csl:ea; Enteip ses, 1114.. onOpyirSandNviNFfvnce.. In total we propose an increase of 4.2%for nor current services and the addition of(he floor services. Pathway Enterprises, Inc. truly appreciates the partnership we have with you and we hope to continue providing an expanding variety of services to you and the people of the City of Ashland. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 655 Washington Street Ashland, OR 97502 (541)488-1536 (541)601-4550 (541)488-5948 I i I s Pathway mu ISSA i MEMBER Enteipises, Inc. on Clpasin and\rinl=nonce In total we propose a decrease of 3.7%for onr current services and the addition of the floor services. Pathway Enterprises, Inc. tndy appreciates the partnership we have with you and we hope to continue providing an expanding variety of services to yon and the people of the City of Ashland. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 655 washinl,4on Street Ashland, OR 97502 (541)488-1536 (541)601-4550 (541)488-5948 i i i i I i i Pathway ISCA MEMBER Enteivrises, Inc. on Clrr•ir�and 1•,;Intentrxe June 6,2012 Rachel Dials Recreation Superintendent City of Ashland 340 S. Pioneer Street Ashland, OR 97520 Ms.Dials, I have prepared our Janitorial pricing proposal for the City of Ashland based on the current Living Wage of$13.96 per hour and updated our fringe rates. 1 have also added a proposal to begin twice annual hard floor stripping and finishing as well as carpel cleaning in all of your facilities except for the Senior Center and the Oak Knoll pro Shop. I propose that our price increase from$48,607.56 to$50,756.14 for a total annual increase of$2,148.58. The new floor services are$3,941.70 and account for all of this increase. The updated changes for 2012-2013 services are as follows— Monthly _ 2011 2012 Pioneer Hall&Community Ctr 1675.89 1613.16 Parks Office 432.06 416.21 Nature Center 331.64 319.85 Senior Center 1338.89 1288.67 Oak Knoll Pro Shop 272.16 26332 Carpet and Hard Floors 328.48 Difference Total 4,050.64 4,229.69 179.05 Annual 2011 2012 Pioneer Hall&Community Ctr 20110.71 19357.9 Parks Office 5184.73 4994.52 ! Nature Center 3979.63 3838.23 Senior Center 16066.62 15463.99 i Oak Knoll Pro Shop 3265.87 3159.8 j Carpet and Hard Floors 3,941.70 Difference Total 48,607.56 50,756.14 2,148.58 CI T Y OF ASHLAND Council Communication June 19, 2012 — Business Meeting Appointment to Band Board FROM: Barbara Christensen, City Recorder, christeb @ashland.or.us SUMMARY City Council confirmation of the Mayor's appointment of Sylvia Schmeling to the Bank Board with a term to expire April 30, 2013. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Band Board on application received. Ashland Municipal Code (AMC) Chapter 2.17.020. I FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve appointment of Sylvia Schmeling to the Band Board with a term to expire April 30, 2013. ATTACHMENTS: Application received Page I of I CITY OF ASHLAND APPLICATION FOR APPOINW"NT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall,20 E Main Street,or email ariebrn?ashland.orms. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name 5u I Vi a. 3e h m ell n g Requesting to serve on: 6/4?d &dip r z (Commission/Committee) Address q Z Fo rd u e P ft'�e t, tq5 h laad, r)rqo-, q7 s-, --Occupation r L Y�� Phone: Home 54/-LJ92--z.&q > C-II We PI- tbt3 -�77z Email 3ch IN81 r1 r4 ne I-- Fax 1. Education Background '',,// I 1 rP What schools have you attended? WI 5Wr15.'r1 Stk fe-UVI i✓. N/h u 5out-herrl nt, e" I.(Niv, Ashlwt+' What degrees do you hold? �. A, (141 M. )q. What additional training or education have you had that would apply to this position? e,ears n 'an0 t-raCV1 bCAAd Po iri -171'D r) v) h INIj S(� Col 011 Uri#'✓6maerth"d, 4shta-ud e; Banc', S e th SQ u e r k ra art3 C-,-,t'Wla.i4 2. Related Experience What prior work experience have you had that would help you if you were appointed to t"sition? 1 �- aye- 6eeLi Lt Cc�yn0-) r-jfe e t'IlEVYl17El,- ( h Do you feel it would be advantageous for you�to have further training in this field,such as attending conferences or seminars?Why?AZQ Z be I �e ye, h a VCS ��I'»h Ic�f'��'7lie.T_ rr1� � need -for th1's Q pPar'rr{�1��. 3. Interests p � �� l I Why are you applying for this position? I_ t L- KO O k, L 1,� Q 'P In 145MtT'j M4 Ro-.a asked 4r Vela rtEer5 (� (2 the 13oa'rd Z 1 fie reef . 4. Availability Are you available to attend special meetings,in addition to the regularly scheduled meetings/? Do you prefer day or evening meetings? � (�Veil n��'�E' '2r LlQL9 Or ey12j,i ip:5 oye-ti tiGlS 5. Additional Information �L How long have you lived in this community? "7 toe&r S Please use the space-below-to summarize any additional qualifications you have for this pos46't�n r1Q Ve hp-e-,Y) 1 n H 5 f QG� 1 1�YtC� r f 3 uea rs. / co� Date Signature �r, CITY OF -ASHLAND Council Communication June 19, 2012 — Business Meeting Appointment to Ashland Community Hospital Board of Directors FROM: Barbara Christensen, City Recorder, christeb @ashland.or.us SUMMARY City Council confirmation of the recommendation by the Ashland-Community Healthcare Board of Directors for Doug Diehl, M.D. to a second four-year term effective July 1, 2012. BACKGROUND AND POLICY IMPLICATIONS: Ashland Community Healthcare Services Articles of Incorporation Article VIII (B) gives the authority and responsibility to the City of Ashland (Member) to appoint the Corporation's Directors based on the criteria set forth in Articles IX. The Bylaws of Ashland Community Healthcare Services Section 4.4 state that the Board shall consider potential candidates and forward such recommendations to the Member for its consideration when appointing persons to fill vacancies on the Board of Directors. The Council approved the request by Ashland Community Hospital to amend the Articles of Incorporation for the Ashland Community Healthcare Services to permit a full 12 directors plus retain the past Chair of the Board for an additional year on the Board of Directors. City Charter Article 10, Ordinance adoption FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: I motion to approve the recommended 4-year re-appointment, with term beginning July 1, 2012 and ending June 30, 2016, of Doug Diehl, M.D. to the Ashland Community Healthcare Board of Directors. ATTACHMENTS: Letter of Recommendation from ACH Page I of I Ashland Community Hospital May 22, 2012 Ashland City Council Go Barbara Christensen, City Recorder 20 East Main Street Ashland, OR 97520 Dear Barbara: In accordance with the Bylaws of Ashland Community Healthcare Services, the Board of Directors has approved a recommendation to the City for reappointment of the following individual to a second four-year term on the Board,effective July 1, 2012 through June 20, 2016. ■ Doug Diehl, M.D. Valerie Williams and Tom Reid resigned from the Board of Directors and are not renewing their second four-year appointment effective July 1, 2012. Thank you for your consideration of these reappointments and for your continued support of Ashland Community Hospital. Sincereiy�� Mark E. Marchetti President and Chief Executive Officer Ashland Community Hospital t 280 Maple Street Ashland,Oregon 97520 x r - www.ashlandhespital.org a i Tel:541.201,4000 -Fax:541.488.7417 CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Resolution Transferring Appropriations within the FY 2011-12 Budget FROM: Lee Tuneberg, Interim Assistant City Administrator, tuneberl @ashland.or.us SUMMARY In preparations for the close of the 2011-12 fiscal year, Staff has identified the need to transfer appropriations in four individual Funds to maintain compliance with Oregon Budget Law. The proposed resolution summarizes the transfers from each Fund's contingency to the Department/Division requiring the appropriation and includes a short description of the need for the transfer. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes transfers of appropriations (Item #1 above) in the following Funds: • General Fund - From contingency to the following Department operations • Cemetery— Staff Retirement $20,000 • Police—Homicide Investigation Costs $75,000 • Fire& Rescue— Radio Repair $30,660 • Community Development— Building Inspector $20,000 • Electric Fund - From contingency to operations o Conservation Division— Staff re-allocation from Water $40,000 • Central Service Fund - From contingency to operations o City Recorder—Banking Fee Increases & Personnel $20,000 Page 1 oft �r, CITY OF -ASHLAND • Insurance Fund - $5,000 from contingency to operations o Insurance Services— Increased payouts $5,000 TOTAL APPROPRIATIONS FROM CONTINGENCY $210,660 (across four separate funds) This is the SECOND transfer of appropriations request for FY 2011-12. Resolution 2011-33 was approved by Council November 1, 2011 for a General Fund transfer of appropriations from contingency for the restoration of a Police Officer and Fire Fighter, as well as an operating transfer to the Reserve Fund. FISCAL IMPLICATIONS: Transfers of appropriation do not increase or decrease the adopted budget. Transfers of appropriations using contingency do cause a reduction in the ending fund balance of each fund having a transfer and impact the carry forward balance for the following fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled "A Resolution Transferring Appropriations within the FY 2011-12 Budget' as presented. ATTACHMENTS: Proposed Resolution 2012- Transfer of Appropriations Transfer Request Memo— Police Department Transfer Request Memo— Fire Department Transfer Request Memo— Community Development Department Page 2 of 2 RESOLUTION NO. 2012 - A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2011-2012 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: General Fund To: Cemetery $20,000 Police Department $75,000 Fire and Rescue Department $30,660 Community Development — Building $20,00 0 From: Contingency $145,660 To Transfer appropriations from Contingency to Cemetery Division for higher costs in personal services due to a retirement. To Transfer appropriations from Contingency to the Police Department to cover costs for the homicide investigation. To Transfer appropriations from Contingency to Fire and Rescue Department for Radio Repair where two radios failed and for a Personal Service to cover additional benefit costs. To Transfer appropriations from Contingency to Community Development—Building for higher cost in personal services due to hiring a temporary employee to cover inspections for the additional building activity. Electric Fund To: Electric Conservation $40,000 From: Contingency $40,000 To Transfer appropriations from Contingency to Electric Conservation to cover cost for Personal Services for an employee that was reallocated from the Water Conservation. Central Service Fund To: City Recorder $20,000 From: Contingency $20,000 To Transfer appropriations from Contingency to City Recorder—to cover implementation of the cost from Class and Comp study and Increase Banking fees. Page ] of 2 Insurance Service Fund To: Insurance Services $5,000 From: Contingency $5,000 To Transfer appropriations from Contingency to the Insurance Fund — Personal Service for higher costs due to payouts per the contract. TOTAL To: Division Appropriations 210 66 From: Contingency . 210 660 SECTION 2. This resolution was duly PASSED and ADOPTED this day of June, 2012, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2012: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CITY OF -ASHLAND Memo DATE-': .tune X. 3012 TO: Lee Tuneber_ Administrative Services and Finance Director FRONI: Terry 1-101derness Police Chicl' R17: Supplemental Budget I am requesting a transfer ol'appropriations for this fiscal year's budget to meet unexpected expenses in the Police Department budgm. During this fiscal year the Police Department incurred the tiillowing unexpected expenses and will cause us to exceed this liscal ),cars bud!sct allocation by approximately 575.000. Following are the specific expenses which were not anticipated when the budget was approved: Costs related to the David GrubhS homicide. Approximately $75,000 Increased fuel cost. Approximately$25.000 Increase in cost of Architectural lees for facility remodel. Approximately S37.000 Settlement with the City of Manzanita for trainitit., cost fitt lateral ofTicer $25.000 Ashland Police Department Tet:5,11.492-5211 1155E Main St FWx 5414886351 Ashland,Oregon 97520 ,= mm.ashland,or,us CITY OF ASHLAND Memo DATE: May 25, 2012 TO: Lee Tuneberg Cindy Hanks FROM: John Karns RE: Budget Transfer Request The following are budget Transfer requests for the current budget. HRAVEBA There was a miscalculation of the department's cost for HRAVEBA in this year's budget. I would like to have it adjusted in Fire Ops and EMS. The total difference is $20,000. We should indicate a $10,000 increase in 07.12.00.520223. We should indicate a $10,000 increase in 07.13.00.520223. RADIO REPAIR We've had two failures of our radio infrastructure this year. A microwave unit on Mt. Ashland that serves our Ashland Wide frequency failed and was replace at a cost of$3,684.28. We also had a failure of the Rogue Valley TAC-1 radio that is located at fire station 1. Its replacement cost is$6,975.75 bringing a total radio repair cost to $10,660.03. SUMMARY HRAVEBA $ 20,060.00 Radio Equipment $ 10.660.03 07.12.00.603500 $ 30,660.03 CITY OF ASHLAND Memo DATE: 6/13/2012 TO: Lee Tuneburg, Director of Administrative Services and Finance FROM: Bill Molnar, Community Development Director RE: Transfer from Contingency—Community Development Department The Community Development Department requests a $20,000 transfer of appropriations from Contingency to Community Development. This request is initiated by the likelihood of the Community Development, Building Division, exceeding its budgeted appropriation for Personal Services. This is brought about through the combination of the Building Official's absence for an extended period time in late 2011 due to an unforeseen personal leave request, and a spike in the need for building plan review and inspection services by the increase in Commercial construction activity, with the Southern Oregon University Dormitory and Dining Center making a significant contribution. These factors have necessitated the need for the department to incur higher costs in personal services in order to hire temporary employees and exercise existing intergovernmental agreements with neighboring jurisdictions (i.e. City of Medford and Jackson County) to cover inspections for the additional building activity. COMMUNITY DEVELOPMENT DEPARTMENT Tel 541-488-5305 20 E.Main Sheet Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 wvnv.ashland.or.us CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Resolution Adopting a Supplemental Budget Establishing Appropriations within the FY 2011-12 Budget FROM: Lee Tuneberg, Interim Assistant City Administrator, tuneberl @ash]and.or.us SUMMARY Staff has identified the need request a supplemental budget due to the award of several Fire Department grants and a reimbursement from a federal agency for mutual aid services provided. The approval of the supplemental budget request allows both the revenues and expenses to occur and be booked in the 2011-12 fiscal year. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution authorizing the supplemental budget is less than 10 percent of the total appropriations within the General Fund (Item #2 above) and totals $69,588 for grant revenues and reimbursement for services rendered in the Fire Department, as summarized below: • Ashland Rotary Grant—Automatic External Defibrillator (AED) $ 1,691 • Citizen Corps Programs (CCP) Grant— Radios $34,079 • State Homeland Security Grant— Mobile Data Terminals (MDT's) $28,500 • Federal Emergency Management Agency (FEMA) Reimbursement $ 5,318 (Mutual Aid—North River Rd Fire, Rogue River) FISCAL IMPLICATIONS: Supplemental budgets recognize and increase revenues as well as increase corresponding appropriations in the Fund where they occur. Page] of 2 CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled, "A resolution adopting a supplemental budget establishing appropriations within the 2011-12 budget'. ATTACHMENTS: Proposed Resolution 2012- - Supplemental Budget Supplemental Budget Memo, Fire Department Page 2 of 2 IA, RESOLUTION NO. 2012- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING APPROPRIATIONS WITHIN THE 2011-2012 BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Fire Department $69,588 6 8 Resource: Intergovernmental Revenues $69,588 $�2 5 To appropriate for three grants received and one Federal Emergency Management Agency (FEMA) reimbursement. The Fire Department received a $1,691 grant from Ashland Rotary for an Automatic External Defibrillator, a grant for Radios of$34,079 and a grant for $28,500 for five Mobile Data Terminals (MDT's). The FEMA reimbursement was for the mutual aid participation in the North River Road fire in Rogue River in the amount of $5,318. TOTAL ALL FUNDS Page 1 of 2 SECTION 2. All other provisions of the adopted 2011-2012 BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of June, 2012 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2012: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CITY OF ASHLAND Memo DATE: May 25, 2012 TO: Lee Tuneberg Cindy Hanks FROM: John Kams RE: Budget Supplement Request for Grants and one Reimbursement The following are budget supplement requests for the current budget: FEMA REIMBURSEMENT We received a reimbursement from FEMA, through Oregon State Police, for our mutual aid participation in the North River Road fire in Rogue River. This reimbursement was for$5,318.44 We should indicate a $5,318.44 increase in 07.13.00.510100. ROTARY GRANT We applied for and received a Community Support Foundation Grant from the Ashland Rotary for the purchase of an Automatic External Defibrillator for placement on our command vehicle. The grant was for$1691.25 We should indicate a $1691.25 increase in 07.13.00.604100 RADIO GRANT We finally received the funds from a CCP grant for the purchase of radios. The grant was for $34,079.00 with no match. We should indicate a $34,079.00 increase in 07.12.00.601400 MDT GRANT We're receiving a no-match grant for MDT purchases from State Homeland Security that will allow the purchase and installation of 5 MDT's. The grant is for$28,500. SUMMARY FEMA (Reimb) $ 5,318.44 07.13.00.510100 Rotary Grant $ 1,691.25 07.12.00.601400 CCP Grant $34,079.00 07.12.00.603500 OHS Grant $28,500.00 07.13.00.603200 $69,588.69 z CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Approval of a Ground Lease for the Civil Air Patrol Hangar FROM: Scott A. Fleury, Engineering Services Manager, Engineering Department, fleurys @ashland.or.us SUMMARY This is a twenty-five (25) year ground lease for the Civil Air Patrol hangar that was recently purchased by a private third party. The Civil Air Patrol has owned and operated out of a hangar at the Ashland Municipal Airport since 1972. BACKGROUND AND POLICY IMPLICATIONS: The Civil Air Patrol is a non-profit, federally-chartered volunteer organization dedicated to serving the people of the United States through its three missions: Emergency Services, including Homeland Security, Aerospace Education and the Cadet Program. In 2011 the Civil Air Patrol (CAP) decided to disband the Senior Ashland Squadron and absorb members into the Medford Squadron. The latest extension of the CAP lease terminated in April of 2011. There was an existing provision in the lease document that required the CAP to remove the hangar from its site at the Ashland Municipal Airport if the CAP decided not to extend their lease term. The Airport Commission, staff and CAP believed it best if the hangar remained onsite with the CAP given the ability to sell the hangar. To that end, the Legal Department drafted a lease addendum which allowed the CAP to sell the hangar to a private third party, with the City receiving the right of first refusal on the purchase price. The lease addendum and a first right of refusal offer were brought before the City Council at the July 19, 2011, regular business meeting. The Council approved the lease addendum and waived its first right of refusal based on the Airport Commission's recommendation. After the approval the CAP was notified by the Department of Defense(DOD) that they could not sell the hangar outright due to the fact that the DOD qualified the hangar as DOD excess. The CAP and DOD legal teams then began a lengthy review of the hangar's history in order to correctly dispose of the hangar. In November of 2011 the DOD gave approval to the CAP to sell the hangar outright to a private third party as it was concluded the hangar was donated by the Air Force to CAP Corporate in 1972. At this point in time the CAP held a sealed bid auction for the hangar and a high bidder was selected for the purchase. The initial deal fell through and the next lowest bidder was selected. CAP recently processed a bill of sale for the hangar purchase for local residents Jeff Nielsen and Mark Freeborn. The transaction has been completed and the new owners are looking to enter into a long term ground lease with the City of Ashland. Page I of 2 �r, CITY OF ASHLAND The Ashland Municipal Airport has a standard Council approved rate structure that applies to privately owned hangars. The current approved rate is .458 cents per square foot per year for a ground lease. This rate adjusts automatically each year based on the January Consumer Price Index. Standard approved practice for privately owned hangars with a ground lease is to award an initial 25 year term lease and subsequently renew the term for additional ten year cycles. The ground lease terms allow the hangar owner to sell the hangar and lease rights at any point if the transaction is approved by Council. The initial term for the new ground lease would be from June 1, 2012 to June 1, 2037. The established base rate for the hangar would generate $1,832.00 of revenue per year. FISCAL IMPLICATIONS: By approving the ground lease the airport fund will generate a net revenue increase of$1.375.00 annually not accounting-for-yearly approved ground lease rate increases. This follows in line with the airport commission's goal of increasing revenue in order to have a self sustaining airport fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the City Council approve a long term ground lease to Jeff Nielsen and Mark Freeborn for the Civil Air Patrol Hangar. . SUGGESTED MOTION: Move to approve a 25 year ground lease with Jeff Nielsen and Mark Freeborn for the Civil Air Patrol Hangar. ATTACHMENTS: Civil Air Patrol Hangar Ground Lease Page 2 of 2 `I AIRPORT HANGAR LEASE ABSTRACT ASHLAND MUNICIPAL AIRPORT LESSOR: LESSEE: CITY OF ASHLAND, (CITY) Address: ADMINISTRATION DEPARTMENT Contact: Public Works Director 20 East Main Street, Ashland, Oregon 97520 Telephone: Fax: Telephone: 541/488-5587 Fax: 5411488-6006 E-mail: Re istration #: AIRPORT POINT OF CONTACT: Robert Skinner, Fixed Base Operator 403 Dead Indian Memorial Highway, Ashland OR 97520 Telephone: 541/482-7675 1. Lease type: Circle One A B C D City-owned T-hangar. City-owned, privately built City-owned, owner-built Privately-owned (Month-to-month Box Hangar. (month to prepaid lease for building & hangar, ground lease rental) month rental) ground lease only, minimum size 60 (Multi-year term) X40 hangar. Size: (Multi-year term) (square feet) Size: (square feet) 2. Starting date of lease: 3. Ending date of lease: (leave blank if month-to-month lease). 4. Estimated initial base rental rate: $ per month/year (circle one). Based on (C or D)$ per square foot. Actual rate will be established by approved Council Rate Sheet on file. A Heat Source .01/sq-ft x B Bathroom .03/sq-ft x = C Office Space .25/sq-ft x = Totals0 /month (Note: rate adjustment is made July 1 every year according to master rates established by City and in accordance with Master Hangar Lease Agreement. All rentals and lease's rates will be updated to reflect new rates.) 5. Security Deposit Received: Date: Amount: 6. Description of Premises Leased/Rented: 7. Value of Improvements (Lease Option C or D): 8. Yes, I have received a copy of the airport rules entitled "Minimum Standards for Commercial Aeronautical Activities, Ashland, Oregon" 9. Yes, I have read and agree with, and have received a copy of, the City of Ashland Master Hangar Lease Agreement. 10. Activities may require a separate SASO lease: See section 5.3 of lease. Page 1 of 1 - Airport Hangar Lease Abstract Lessee Signature: Date: Printed Name: Approved by: for City of Ashland. Title: Date: City Use Only: Insurance Certificate Received Business License Required Page 1 of 1 -Airport Hangar Lease Abstract ASHLAND MUNICIPAL AIRPORT GROUND LEASE AGREEMENT FOR "CIVIL AIR PATROL HANGAR" THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as City, and Jeff Nielsen and Mark Freeborn, hereinafter referred to as Lessee. RECITALS A. City owns and operates an airport known as the Ashland Municipal Airport (the "airport"). B. Lessee's purchased hangar structure from the Civil Air Patrol (CAP). C. Lessee's defined by partnership are Jeff Nielsen and Mark Freeborn D. The City waives its first right of refusal subsequent to section 18 for the transfer of complete ownership from one partner to the other at anytime during lease. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: 1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this reference. 2. Lease Abstract. City and Lessee have signed a Master Hangar Lease Abstract ("the abstract")which contains individual terms specific to the particular hangar or ground being leased. By signing the abstract, City and Lessee have agreed to the terms and conditions of this Master Hangar Lease Agreement. 3. Description of leased premises. City leases to Lessee a part of the Airport described in the abstract ("the premises") and identified on Exhibit A. 4. Lease Fees. An initial rental is established as set forth in the abstract and shall be paid in advance at the office of the fixed base operator (see Airport Contact Person listed in the abstract) 3.1 Periodic rent increase. For month-to-month rentals, the rental fee is subject to adjustment on July 1 of each year at the option of the City and is payable, monthly in advance, on the first day of each month. 3.2 Annual rent increase. For other than month-to-month rentals, the rent shall increase annually on July 1 of each year, but not decrease, based on the previous calendar year's Consumer Price Index ("CPI"). The CPI will be calculated on the difference between January of the prior year and January of the current year. The adjustment will be the increase in the CPI using the All Urban Consumers (CPI-U), U.S. City Average, CPI--AII Items Index as published by the Bureau of Labor Statistics of the United States Department of Labor. If the CPI is no longer being published, then the Index shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the CPI. All sums resulting from the computation of annual lease fees shall be rounded up to the nearest whole dollar. 3.3 Past due fees. Lease fees will become past due ten days past the due date and the City will charge interest of 1.5% per month on past due lease fees. Page 1 of 10 -AIRPORT MASTER LEASE 3.4 Security Deposit. For month-to-month rentals, Lessee shall pay a deposit in the amount of one month's rent to secure Lessee's compliance with all terms of this agreement. The deposit shall be a debt from City to Lessee, refundable within 30 days after expiration of the lease term or other termination not caused by Lessee's default. City may commingle the deposit with its funds. Lessee shall not be entitled to interest on the deposit. City shall have the right to offset against the deposit any sums owing from Lessee to City and not paid when due, any damages caused by Lessee's default, the cost of curing any default by Lessee should City elect to do so, and the cost of performing any repair or cleanup that is Lessee's responsibility under this agreement. Offset against the deposit shall not be an exclusive remedy in any of the above cases, but may be invoked by City, at its option, in addition to any other remedy provided by law or this agreement for Lessee's nonperformance. City shall give notice to Lessee each time an offset is claimed against the deposit, and, unless the agreement is terminated, Lessee shall within 10 days after such notice deposit with City a sum equal to the amount of the offset so that the total deposit amount, net of offset, shall remain constant throughout the agreement term. 3.5 Improvement Fee.. For leases which require Lessee to construct a hangar, Lessee may be required to pay a non-refundable improvement fee at the time of executing the lease abstract. The fee shall be used by City to make improvements at the airport. 5. Term. The term of this lease is month-to-month (unless otherwise specified in the abstract) . commencing on the date specified in the front page abstract. A month-to-month lease may be terminated by the Lessee at any time upon 30 days prior written notice to the City. The City may only terminate the lease for cause as specified in Section 16 of this lease. For other than month-to-month leases, the term commences and ends on the dates specified in the abstract and a Lessee not in default shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. 6. Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft. No commercial activities including but not limited to aircraft mechanical or maintenance work or repair or service, are to be conducted on the premises unless otherwise permitted under section 5.3. The preceding sentence does not apply, however, to work, maintenance, repair or service on aircraft owned by the Lessee. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this rental agreement. 5.1 Flammables and explosives prohibited. Lessee shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this rental agreement, "flammable or explosive liquids or solids" shall not apply to fuel or other flammables contained within any airplane placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 5.2 Pets and animals prohibited. Lessee shall not, without the City's written consent keep any pets or animals on the premises. If allowed, Lessee agrees to be liable for damage to the premises or other persons caused by the pet or animal. 5.3 When commercial activities permitted. For other than month-to-month rentals, Lessee may conduct airport related commercial activities upon obtaining a business license, as specified in the "Minimum Standards for Commercial Aeronautical Activities, Ashland, Oregon", and entering into a Specialized Aviation Service Operator (SASO) lease agreement, which allows the Lessee to operate as a Specialized Aviation Service Operator in accordance with current adopted standards. 5.4 When vacant hangar not permitted. For month-to-month rentals, any hangar that remains vacant of any aircraft for more than five months shall be a violation of this lease. Page 2 of 10 -AIRPORT MASTER LEASE 7. Rights Reserved to the City. The City reserves the following rights: 6.1 Improve landing area. The right to develop or improve the landing area of the airport without interference or hindrance of the Lessee. 6.2 Maintain airport. The right, but not the obligation, to maintain and keep in repair the landing area of the Airport, together with the right to direct and control all activities of Lessee. 6.3 Protect airport. The right to take any action considered necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft. 6.4 Temporary closures. The right to temporarily close or to restrict the use of the Airport or any of the facilities for maintenance, improvement, or for the safety of the public. 8. Compliance with laws. Lessee shall comply with: 7.1 The current adopted, or any future, "Minimum Standards for Commercial Aeronautical Activities, Ashland, Oregon" (Minimum Standards) are part of this lease agreement. If this lease and the Minimum Standards conflict in the requirements for the Lessee, the Minimum Standards take precedence.-. - 7.2 All federal, state, county, and city laws, orders and ordinances, and rules and regulations. Including but not limited to all rules and regulations of the Oregon Department of Aviation and the Federal Aviation Administration. 9. Lessee compliance with environmental laws. As used in this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means any federal, state, or local statutes, regulations, or ordinances or any judicial or other governmental orders pertaining to the protection of health, safety, or the environment. 8.1 Lessee's compliance with laws and permits. Lessee shall cause the premises and all operations conducted on the premises (including operations by any subtenants) to comply with all environmental laws. 8.2 Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than as reasonably necessary for the operation of Lessee's activities as contemplated under this lease. 8.2.1 Disposal and contamination clean-up. Lessee shall be responsible for disposing of all hazardous materials in compliance with environmental laws, and Lessee shall be responsible for any environmental clean-up of the premises that is necessary due to Lessee's activities. 10. Title to Improvements. For Type C leases, upon completion of construction and issuance of a certificate of occupancy, improvements included in the Hangar Construction Requirement including any further improvements to the premises approved by the Airport Commission, shall become property of City, free and clear of all claims of Lessee, any one claiming under Lessee or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. r Page 3 of 10 - AIRPORT MASTER LEASE 11. Maintenance. Lessee shall keep and maintain the premises and all improvements in good and substantial repair and condition, including the exterior condition. The City shall make all necessary major repairs and alterations not directly attributable to Lessee's negligence, and shall maintain the premises and all improvements in compliance with all applicable building and zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage and shall keep the premises free and clear of weeds, rubbish, debris, and litter at all times. City shall have the right to conduct reasonable inspections and investigations of the premises and the operations conducted on the premises at any time, and from time to time with reasonable advance notice, and Lessee shall cooperate fully with City during such inspections and investigations. 12. Utilities. Lessee shall promptly pay any charges for electricity, water and sewer, and all other charges for utilities which may be furnished to the premises at Lessee's order or consent. 13. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Lessee which may be secured by lien against the premises: Lessee shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 14. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this lease, at Lessee's sole expense, the following insurance: 13.1 Comprehensive insurance. Owner's, landlord and tenant or premises insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of$1,000,000, combined single limit coverage. Such limit shall automatically increase in the event of any change in the provisions of ORS 30.270, or in the event these limits are found to be not totally applicable to a city. 13.1.1 All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 13.1.2 A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this lease, and such certificate shall provide that such insurance coverage may not be canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Cancellation or termination of the policy shall terminate the lease. In the event Lessee shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 13.2 Property Insurance. Lessee shall bear the expense of any insurance insuring the personal property of Lessee on the premises against such risks, but Lessee shall not be required to insure his personal property. 15. Indemnification. Lessee will defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgements, Page 4 of 10 -AIRPORT MASTER LEASE subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to this lease. Lessee will not be held responsible for damages caused by negligence of City. 16. Damage or Destruction of Premises. 15.1 For other than month-to-month rentals, if the premises or any improvements are damaged or destroyed by fire or other casualty, Lessee shall: 151.1 Promptly repair, rebuild or restore the property damaged or destroyed to substantially the same condition consistent with the applicable building codes; and 15.1.2 Apply for any net proceeds of insurance resulting from claims for such losses, as well as any additional money of Lessee necessary. If the damage or destruction which occurs is such that the cost of repair, rebuilding or restoration of the property damaged or destroyed exceeds 50% of the fair market value of the improvements, Lessee shall have the option within 60 days from the date of damage or destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in accordance with paragraph 15.1 or to terminate this lease. Upon giving such notice to terminate, this lease shall terminate on the date specified in the notice and City shall be entitled to the net proceeds of insurance. 15.2 For month-to-month rentals, Lessee shall be responsible for damage or destruction to the premises or any improvements resulting from Lessee's operations, or anything done or permitted by Lessee under this lease. 16. Events of Default. The following shall be events of default: 16.1 Default in Rent: Failure of Lessee to pay any rent or other charge within ten days after it is due. 16.2 Default in Other Covenants: Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be completely remedied within the 30-day period, this provision shall be complied with if Lessee begins correction of the default within the 30-day period and proceeds in good faith to effect the remedy as soon as practicable. 16.3 Insolvency: Insolvency of Lessee and assignment by Lessee for the benefit of creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of the Lessee to secure discharge of the attachment or release of the levy of execution within ten days. 17. Remedies on Default. In the event of a default, the City at its option may terminate the lease by notice in writing by certified or registered mail to Lessee. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Lessee in connection with a default, termination shall be automatic and without notice. 17.1 Damages. In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 17.1.1 The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense Page 5 of 10 -AIRPORT MASTER LEASE occasioned by Lessee's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 17.1.2 The loss of reasonable lease fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 17.2 Re-entry After Termination. If the lease is terminated for any reason, Lessee's liability to City for damages shall survive such termination, and the rights and obligations of the parties shall be as follows: 17.2.1 Lessee shall vacate the premises immediately, and within 60 days remove any property of Lessee including any fixtures which Lessee is required to remove at the end of the lease term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. City may re-enter, take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 17.3 Reletting. Following re-entry or abandonment, City may relet the premises and in that connection may: 17.3.1 Make any suitable-alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the lease) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 17.3.2 Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some lease fee-free occupancy or other lease fee concession. 18. Assignment of Interest or Rights. Neither Lessee or any assignee or other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease or any interest, nor license or permit the use of the rights granted except as provided in this paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its assets, without prior written approval of the City. Written approval of the City shall not be unreasonably withheld. 18.1 Right of first refusal. For other than month-to-month rentals, City shall have the following described right of first refusal with respect to the interest of Lessee under this lease after the expiration of the lease term and all extensions authorized under this lease: 18.1.1 Lessee shall not sell, sublease, assign or transfer to anyone other than City, unless Lessee shall have first communicated to City, by written notice, a written offer to sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in commercially reasonable detail, the price, terms and conditions upon which Lessee is willing to sell, sublease, assign or transfer this lease or any interest. 18.1.2 City shall have a period of 30 days, following the notice, within which to accept the offer by giving Lessee written notice of acceptance. If the offer is accepted, the parties shall be obligated to close the sale, sublease, assignment or transfer in accordance with the terms of Lessee's offer. Closing shall occur within 60 days following acceptance or within such longer closing period as may be specified in the offer. 18.1.3 If City does not accept the offer, Lessee may sell, sublease, assign or transfer the lease or any interest to any other party, provided that such a sale must be consummated within 60 days following the earlier of the expiration of the 30 day acceptance period specified in paragraph 18.1.2 for the offer or the date of any written Page 6 of 10 - AIRPORT MASTER LEASE rejection of the offer by City, and for and upon the same price, terms and conditions as those specified in the offer. 18.1.4 City's rights under this paragraph shall apply to any subsequent or contemporaneous offer made to Lessee or Lessee's successor or successors in interest. 18.1.5 For the purposes of this subparagraph, a devise under a will by the Lessee shall not be considered a sale, sublease, assignment or transfer. 18.2 Option to Purchase Lessee's Interest. For Type C leases, in addition to the right of first refusal described above, City shall have the exclusive right and option to purchase all of Lessee's right under this lease upon the following terms and conditions: 18.2.1 If City exercises this option, the purchase price during the initial year of this lease for Lessee's rights under this lease will be the actual reasonable construction cost of the hangar plus 10%. The purchase price during each subsequent year shall be the purchase price determined in the immediately preceding sentence less 1/25`h of such purchase price for each full year the lease has been in effect. 18.2.2 This option shall be exercised by written notice given by City to Lessee at any time, which notice shall specify that City has elected to exercise this option. 18.2.3 Closing shall occur as soon as possible following exercise of this option by City and, in any event, not later than the 35`h day following the date of exercise of this option. 18.2.4 At closing, Lessee shall deliver to City a duly executed and acknowledged statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee or caused, permitted or suffered to attach through Lessee. 18.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase price. 18.2.6 City's rights under this paragraph shall apply to any successor of Lessee and shall apply whether or not City exercises its rights under the right of first refusal paragraph. City may not exercise its rights under this paragraph while the Lessee who signed this lease is in possession and has not sold, subleased, assigned or transferred its interest in the lease. For the purposes of this subparagraph, a devise under a will by the Lessee shall not be considered as sale, sublease, assignment or transfer. 18.3 Subleases without consent. Lessee may sublease portions of the premises for the purpose of placing other aircraft within the hangar without consent of City. 19. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 20. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 21. Hangar Construction Requirements. The Hangar Construction Requirements are incorporated into this Agreement and shall apply to any construction that takes place on the leased property. 22. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: LESSEE: City of Ashland At address shown on abstract. Page 7 of 10 - AIRPORT MASTER LEASE Attn: City Administrator 20 E. Main Street Ashland, OR 97520 ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this lease as set forth above. LESSOR: Mayor/Mayor's Designee, City of Ashland Date END OF AIRPORT MASTER HANGAR LEASE AGREEMENT Page 8 of 10 -AIRPORT MASTER LEASE CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Approval of an Amendment to the Contract with Urban Development Services, LLC for Additional Costs on the Hersey/Wimer Re-alignment Project FROM: James H. Olson, Engineering Services Manager, Public Works, olsonj @ashland.or.us SUMMARY In November of 2011, Urban Development Services LLC was hired to assist in the design of the parking lot improvements necessary for the Hersey/Wimer re-alignment project. Unforeseen design changes, additional meetings, coordination with property owners and additional regulatory conditions have caused the contract to overrun the original "not to exceed" contract amount. The consultant is requesting a $4,354 or 45.8 percent increase in the contract. The Council, acting as the local contract review board, is required to approve all amendments to personal services contracts in excess of 25 percent over the original contract. BACKGROUND AND POLICY IMPLICATIONS: The approved design of the Hersey/Wimer re-alignment project provides for an approximately 25 foot shift in alignment of Hersey Street. This shift eliminates both of the existing driveways and three of the thirteen existing parking spaces on the Colwell Chiropractic Clinic property located at the northwest corner of the intersection. Access to the clinic and four additional parking spaces are being provided on the City owned lot located just northwest of the Colwell Clinic. Urban Development Services, LLC (UDS) and their sub-consultant, KenCaim Landscape Architecture, were contracted with to provide assistance in the permitting and design of the parking lot construction at 430 N. Main Street. The original contract with UDS was for $9,500 and included a specified list of actions and tasks which were to be performed in the development of the lot. The scope of the original contract has ultimately been expanded to encompass additional tasks that were not foreseen when the contract was created. Additional tasks included: 1. Coordination with adjacent property owners. 2. Design of a bio-swale detention basin. 3. Expansion of landscaping to include the entire project area rather than just the parking lot area. 4. Revision of landscaping plans resulting from the Council's plan revision of April 30, 2012. 5. Future construction support for landscaping construction. Page 1 of 2 C..I CITY OF ASHLAND FISCAL IMPLICATIONS: The original contract with UDS for $9,500 will be increased by $4,354 to $13,854; a 45.8 percent increase. All costs by UDS are reimbursable under the fund exchange agreement that is in place to fund much of the construction of the Hersey/W imer project. STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends approval of the attached contract amendment to the UDS contract. The extra work is the result of changing conditions and requirements beyond the control of staff or the consultant. SUGGESTED MOTION: Move to approve a $4,354 amendment to the contract with UDS for additional work required on the Hersey/Wimer Re-alignment project. ATTACHMENTS: Contract Amendment No. 1 Page 2 of 2 �r, PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 1 Engineering services contract made on the date specified below in Recital A between the City and Consultant as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND ENGINEER: Urban Development Services, City Hall LLC 20 E. Main St. Address: 485 W. Nevada St. Ashland, OR Ashland, Oregon 97520 97520 (541) 488-5347 FAX: (541) 488-6006 Phone: 541-482-3334 Fax: 541-482-3336 Date of this agreement: June 6, 2012 B: RFP Date: Pro osal Date: Nov. 4, 2011 ¶2.3 City Contracting Officer: Michael R. Faught, Director of Public Works ¶2.4. Project: Hersey/Wimer Re-alignment Project No. 2002-05 $6.1. Consultant's Representative: Mark Knox ¶8.3. Original Contract Amount: $9,500.00 ¶8.4. Previous Contract Amendments: $ 0 B. AMENDMENT NO. 1 1. Modification to "Services to be provided" Add services per attached proposal and cost estimate dated June 5, 2012 and made a part of this amendment. 2. Modification to "Compensation A. Add cost of extra work = $4,354.00 B, Adjusted total contract amount = $13,854.00 CONSULTANT CITY BY BY City Department Head Fed. ID # DATE: Coding: (for City use only) G1pub-wrWengl02-05 N.Main Hersey Wimer Intersection RealignW_Admin\Eng Vendor3(Urban Development)T61912 Approval of Contract Amend UDSAtcht.doc Jim Olson From: Mark Knox[knox @mind.net) Sent: Tuesday, June 05, 2012 11:51 AM To: 'Mark Knox'; 'Jim Olson' Cc: 'Karl Johnson' Subject: RE: PSC Addendum-Project No. 2002-05 Attachments: Kerry_Finallnvoice.pdf Sorry, here is the attachment. _ -.... From: Mark Knox [mailto.knox @mind.net] Sent:Tuesday,June 05, 2012 11:50 AM To: 'Jim Olson' Cc: 'Karl Johnson'; 'knox @mind.net' Subject: PSC Addendum - Project No. 2002-05 Hi Jim, In regards to the Personal Services Contract for the North Main Street parking lot application, I need to request an addendum to the contract due to unexpected changes to the plans. I'm not familiar with this process and may need direction as the proper way to process the addendum, but please find attached what I believe will be the second to last invoice from the project's Landscape Architect, Kerry KenCairn who has been paid in full to this point,except for this particular invoice(142203 for$1,481.25). Kerry's estimate also included an approximate$1,000 to support the bid process and construction administration which should be included in the final amendment noted below. In addition, I'm making the assumption that no additional amendments by either the Council, staff or contractor are expected, but if there is that possibility,we probably should discuss it now so that we're not addressing this issue again. Nevertheless, the additional expenses incurred are a direct result of changes recently proposed by 1)the Ashland City Council, 2)Added coordination and meetings,3)additional requests by the adjacent neighbors and 4)conditions imposed by the Ashland Tree Commission requiring additional design modifications.Although these changes were somewhat expected,they still caused the project's expenses to go beyond the original estimate of$9,500.The final invoice for Planning and Landscape Architecture Services now totals, including the final invoice plus future$1,000 for bid support and construction administration would be,$13,853.25. Again, please let me know if there is a formal procedure to an amendment or if the total amount noted is incorrect and I'll submit as soon as possible(Note:the total amount stated above may be a little off due to the fact that I paid$125.00 for the pre-application fee in order to expedite the land use process, but 1 believe this would be the only discrepancy). Thanks—Mark Knox, Urban Development Services, LLC 1 Ke1 Tel: 541.466.3194 545 A Streel n C a i m Fax:541.552 9512 Ashland.OR 97520 �a I'mldsr;qu' Irrhifrrhll'r Cell:541.601.5559 kerrygkencairnlzndxape.rrm Bill To Mark Knox Invoice Date Invoice 7 - Project 06/01/2012 2203 Serviced H"/Qty Description Rate Amount 05102/2012 0.5 Landscape Architect /Commercial 80.00 40.00 city meeting 05/08/2012 0.75 Landscape Architect / Commercial 80.00 60.00 revise and finalize 052101,2012 1.75 Landscape Architect / Commercial 80.00 140.00 Wimer-N. Main revise plans 05110./2012 2 Landscape Architect 2 Commercial 80.00 160.00 finals 05/11/2012 1.5 Landscape Architect / Commercial 80.00 120.00 final sheets and delivery 0512712012 6 Landscape Architect / Commercial 80.00 480.00 engineers est 05/0912012 4.75 Support Staff 55.00 261.25 Sheet set-up for North Main. redlines and adjustments 05/1012012 2.75 Support Staff 55.00 151.25 north main parking lot sheet review 05/11/2012 1.25 Support Staff 55.00 68.75 north main f Total $1,481.25 Payments/Credits $0.00 Balance Due $1,481.25 ACCOUNTS UNPAID WITHIN 30 DAYS FROM DATE OF BILLING will be subject to Interest at the rate of 1'hl4 per month on the unpaid balance. CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Public Hearing to Increase Miscellaneous Fees & Charges FROM: Lee Tuneberg, Administrative Services Director, tuneberl @ashland.or.us SUMMARY This public hearing is to consider changes to some of the various fees and-charges used by the city. Many are remaining the same but some are recommended to increase by an inflationary factor (Consumer Price Index - CPI, Engineering News Report for construction—ENR) while others are to be adjusted to cover cost of service as recommended by staff. There are also a few new charges being recommended. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland had many resolutions and ordinances that set specific rates and fees for the multitude of services rendered to the public but that was greatly simplified during FY 2010-2011 when the current process and resolution was approved. A staff goal was to create an annual process that deals with most, if not all, miscellaneous fees and charges, and a booklet that is comprehensive yet easy to use. This is the first annual renewal of that process. Attached are the draft booklet and a resolution to establish or update the included fees effective July 1, 2012, unless another effective date is set by separate Council action. As you review the booklet you will see that new fees and changes to old ones are identified in a proposed column and are bolded. If an entry is not bolded or identified as a new or changed fee it is the existing amount or methodology for calculation. Also attached are memos from departments explaining changes beyond inflationary adjustments. Please note that: I. Items not approved may come back to Council separately or in this process next year. 2. Not all fees and charges are changing. 3. Not all previous fee resolutions are being repealed 4. City and Park fees are included. 5. Utility rates and system development charges are examples of charges that are not incorporated within this process and resolution. 6. Some of the larger increases relate to "cost of providing the service" as substantiated by the departmental memo, are intended to have the requester bear the cost, not others. We should expect that there may be some "errors and omissions" so staff is requesting through the resolution that it take priority over any disconnects or conflicts that may occur. When such incidents Page I of 3 �r, CITY OF ASHLAND occur, staff will correct them as soon as possible and incorporate the revisions in updates to this new, annual process. To assist you in your review, the following proposed changes are highlighted: Administrative Services: A new fee and criteria to manage Daily Parking permits (orange placards) are proposed. The amount is nominal yet the amount should help reduce unnecessary requests to park free. This item could be delayed for more study if desired: Clarification of the $4 parking surcharge for parking tickets city-wide has been incorporated. Community Development: Charges are updated including.the land use application fee that was omitted from last year's fee schedule. Page 1 I includes new information relating to the $5,000 deposit for the Independent Review of Wireless Communication Facilities. Electric: Charges are updated to include vehicle and overhead costs omitted from prior calculations and benefits to be charged for overtime call outs. A redundant charge for Total Residential Subdivision fees...is deleted. An entry has been added for manually reading meters for the Opt Out program. It is shown as No Charge but may need to be updated to correspond with any changes in the policy established by Council. Fire: Fire inspection fees are to be increased 2.2% but will not be effective until August 1. Information Technolosy: Internet and CATV fees are adjusted in accordance with business plan discussions. The fees and charges applicable to the certified internet service providers were communicated to the ISPs prior to June, facilitating the July 1 effective date. Municipal Court: Expunction fees are set at $240 per HB 2712. Public Works: Annual Consumer Price Index (CPI) and Engineering New Report increases are included. Parks & Recreation: Ice rink fees increased to $3.50 Special event fees for Street Closure set at $75 for more than 200people. Park Booth fees set at $25 with a maximum of 10 booths. Page 2 of 3 �r, CITY OF ASHLAND Section 13 Changed from Appendix to Building Valuation Data: This section has changed to replace Instructions on the Application of Municipal Court Fees & Charges that is no longer applicable with new information relating to Building Valuation Data as submitted by the Community Development Department. Department representatives are available to answer specific questions on charges and changes within their area of expertise. FISCAL IMPLICATIONS: These adjustments will fund or help to fund operations, most representing payments for requested services. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve these charges. SUGGESTED MOTION: I move that Council accepts and approves the resolution titled, "A Resolution Adopting a Miscellaneous Fees & Charges Document and Repealing Prior Fee Resolution 2011-26." ATTACHMENTS: Resolution Miscellaneous Fees & Charges Document— Draft 2012-2013 Departmental Memos: Administrative Services & Electric Utilities Community Development Electric Fire Information Technology Court Public Works Parks Page 3 of 3 Imo, RESOLUTION NO. 2012- A RESOLUTION ADOPTING A MISCELLANEOUS FEES AND CHARGES DOCUMENT AND REPEALING PRIOR FEE RESOLUTION 2011-26 Recitals: A. The City currently has many ordinances that establish fees for different departments and activities. B. The City desires'to provide all of its miscellaneous fees and charges in one document so that citizens can easily determine the costs of city services. C. The City desires to repeal all prior resolutions that establish fees and charges and adopt all fees and charges with one resolution for convenience of its citizenry. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Miscellaneous Fees and Charges Document, which is attached hereto and incorporated herein by this reference, is hereby approved and establishes the fees and charges for City services. New fees, those not charged before, are not affective until 30 days following date of approval unless otherwise established by Council action. SECTION 2. The following resolutions are specifically repealed: Resolutions 2011-26 and all other fees and charges inconsistent with the fees and charges set forth herein are repealed. SECTION 3. This resolution was duly PASSED and ADOPTED this day of 2012, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of u�tT I 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 CITY OF ASHLAND MISCELLANEOUS FEES AND CHARGES DOCUMENT ADOPTED: EFFECTIVE: ASHLAND PARKS RECREATION PARKS AND RECREATION MISCELLANEOUS FEES AND CHARGES ADOPTED: EFFECTIVE: Miscellaneous Fees and Charges ,i Table of Contents CITY OF ,ASH LAN D MISCELLANEOUS FEES AND CHARGES ALPHABETICALLY BY DEPARTMENT SECTION 1 -Administrative Services/Finance AdministrativeBilling Charge..............................................................................................................................Page 8 Initial Business License Application Fee..............................................................................................................Page 8 Temporary Business License Application Fee......................................................................................................Page 8 RenewalApplication Fee......................................................................................................................................Page 8 RentalProperty Fees.............................................................................................................................................Page 8 LateApplication Fee.............................................................................................................................................Page 8 Late Renewal Fee(paid 30 days after the due date)..............................................................................................Page 8 Utility Billing Administrative Fees.......................................................................................................................Page 9 ReconnectionCharge............................................................................................................................................Page 9 ServiceConnection...............................................................................................................................................Page 9 ParkingStructure Fees..........................................................................................................................................Page 9 DowntownParking Area Fees...............................................................................................................................Page 9 SECTION 2 - City Recorder CopyFees............................................................................................................................................................Page 10 AudioTapes........................................................................................................................................................Page 10 LiquorLicenses...................................................................................................................................................Page 10 TaxicabLicenses.................................................................................................................................................Page 10 LienSearches......................................................................................................................................................Page 10 Elections..............................................................................................................................................................Page 10 Street/Alley Vacations........................................................................................................................................Page 10 Ambulance..........................................................................................................................................................Page 10 Annexation..........................................................................................................................................................Page 10 ResearchFee.......................................................................................................................................................Page 10 SECTION 3 - Community Development Pre-Application Conference...............................................................................................................................Page 11 AdministrationActions.......................................................................................................................................Page 11 TypeI, II and III Reviews...................................................................................................................................Page 11 LegislativeAmendments................................................:....................................................................................Page 12 Appeals................................................................................................................................................................Page 12 SolarAccess........................................................................................................................................................Page 12 CommunityDevelopment Fee............................................................................................................................Page 12 CopyFees............................................................................................................................................................Page 12 PreparedDocuments...........................................................................................................................................Page 12 ResearchFee.......................................................................................................................................................Page 12 BuildingPermit Fees...........................................................................................................................................Page 13 Plan Review Fee for Commercial and Residential..............................................................................................Page 13 Miscellaneous Fees for Commercial...................................................................................................................Page 13 Inspection Fees for Commercial and Residential................................................................................................Page 14 Residential Plumbing Permit Fees......................................................................................................................Page 14 Commercial Plumbing Permit Fees................................................ ..................................................................Page 15 ResidentialMechanical Permit Fees...................................................................................................................Page 15 CommercialMechanical Permit Fees................_............_..................................................................................Page 16 ElectricalPermit Fees.........................................................................................................................................Page 16 Residential Restricted Energy Electrical Permit Fees.........................................................................................Page 17 RenewableEnergy Systems................................................................................................................................Page 17 Table of Contents Electric TemporaryService Drop............................................................................................................................... .....Page l8 MeterCharges........................................................... .........................................................................................Page l8 Non Radio Frequency Meter Charges.................................................................................................................Page l8 NonSufficient Funds Check Fee........................................................................................................................Page l8 ReconnectionCharge................................................................. ....................................... ................................Page 18 ServiceCalls.............................................. ........................................................................................................Page l8 ServiceConnection.............................................................................................................................................Page l8 ScheduledWork After Hours..............................................................................................................................Page l8 UnauthorizedConnection................................................... ...............................................................................Page l8 LineExtension Charges......................................................................................................................................Page l9 80RCalculations................................................................................................................................................Page l9 SECTION 5 ' Fire CopyFees..........................................................—................................................. ...-------�-----Pugn%V ReportFees.............................................................................................................--------------'Page 20 Ocuo`o��ym�-----..----------------.,--------------..-----................Page 20 FireFees................................................................................................................ —........ ................ — ...........Page 20 Emergency Medical Services................................................................................... --... .................--.........Page 20 PlanChecks..................................................................................................................................... ...................Page 21 Other........................................................................ ............................................. .................. ----.........Page%l FirstAid/CPR Classes.......................................................................................... ... —................. — .... .........Page Il InspectionFees..................................................................................................... --.. ................. — .........Page 2) WeedAbatement.................................................................................................................................................Page 2l SECTION 6 - Information ][echnology InstallationFees..................................................................................................................................................Page 22 DisconnectFees..................................................................................................................................................Page 22 TruckRoll...........................................................................................................................................................Page ll FieldTechnician Hourly Rate......................................... ...................................................................................Page 22 Consulting and Technical Support Hourly Rate..................................................................................................Page 22 Non-City Employee Staff Screening...................................................................................................................Page%% FiberService Installation............................ .......................................................................................................Page 2% TransitFees.........................................................................................................................................................Page 21 StaticDP Address.................................................................................................................................................Page 23 Qualityof Service Fee.........................................................................................................................................Page%3 Business Augmented Upload Package ------------^~~~.-------------..,.'Pu&n%3 Nuu-Kekuonf Customer Premise Equipment(C9E)Devices............................................................................Page 2] CATV Seasonal Reconnects&Disconnects.... ..................................................................................................Page 2] CATVHouse Amp Fee.......................................................................................................................................Page 23 UtilityBilling Lobby 9igpa&c Fee......................................................................................................................Page%3 � � � Table of Contents SECTION 7 - Municipal Court AppealTranscript Fee.........................................................................................................................................Page 24 City Attorney ...............................................................Page 24 Civil Compromise Deferred Sentence/Diversion........................................................................................................Page 24 ComplianceInspection Fee.................................................................................................................................Page 24 Court Appointed Counsel Fees and Charges.......................................................................................................Page 24 DefaultJudgment................................................................................................................................................Page 24 DiscoveryFees....................................................................................................................................................Page 24 Diversion by Municipal Court.................................................................................................. .. .......... . ... . ..........Page 24 Extend/Amend City Attorney Deferred Sentence/Diversion..............................................................................Page 24 Failure to Appear for Bench Trial/Show Cause Hearing....................................................................................Page 24 Failureto Appear for Jury Trial..........................................................................................................................Page 24 Forfeiture of Security Page 24 Mediation of Violation(Municipal ourt Mediation Page 24 Pal ................... . . . . . ........ ................... NonSufficient Funds Check Fee........................................................................................................................Page 24 CourtCosts .........................................................................................................................................................Page 24 Expunction..........................................................................................................................................................Page 24 ShowCause Admission of Allegation.................................................................................................................Page 24 BenchProbation Fee...........................................................................................................................................Page 24 Warrant................................................................................................................................................................Page 24 Withholding on County Assessment...................................................................................................................Page 24 DomesticPartnership Registration......................................................................................................................Page 24 SECTION 8 - Police PoliceReports.................................................................................................................................................... Page 25 ResearchFee.......................................................................................................................................................Page 25 VisaLetters.........................................................................................................................................................Page 25 FingerPrint Cards...............................................................................................................................................Page 25 Photographs(CD)................................................................................................................................................Page 25 AudioTapes/ICOP Videos..................................................................................................................................Page 25 NonSufficient Funds Check Fee ........................................................................................................................Page 25 Impound/Tow Fee...............................................................................................................................................Page 25 TaxiOperator License.........................................................................................................................................Page 25 BicycleLicense...................................................................................................................................................Page 25 SECTION 9 - Public Works - Miscellaneous Fees 8r Charges CopyFees,Black,White and Color....................................................................................................................Page 26 Plat&Plan Checks..............................................................................................................................................Page 26 Public Works/Engineering Inspections,Permit Etc............................................................................................Page 27 GISData&Mapping Services............................................................................................................................Page 28 SanitarySewer Connection Fees.........................................................................................................................Page 29 WaterConnection Fees.......................................................................................................................................Page 29 CemeteryFees.....................................................................................................................................................Page 30 SextonFees.........................................................................................................................................................Page 31 MiscellaneousFees.............................................................................................................................................Page 31 Vases...................................................................................................................................................................Page 31 CPI&ENR Calculations.....................................................................................................................................Page 31 Table of Contents SECTION 10 - Parks and Recreation Miscellaneous Fees and Charges A PARKS WeddingPackages..............................................................................................................................................Page 33 GroupPicnic Rentals..........................................................................................................................................Page 33 Deposits..............................................................................................................................................................Page 33 SpecialEvent Fees..............................................................................................................................................Page 33 AlcoholFee.........................................................................................................................................................Page 34 GeneralBuilding Reservations...........................................................................................................................Page 33 FieldUsage...........................................:.............................................................................................................Page 33 CalleSeating.......................................................................................................................................................Page 34 DanielMeyer Pool..............................................................................................................................................Page 34 Youth&Adult Recreation Programs Ashland Rotary Centennial Ice Rink.......................................................Page 34 OakKnoll Golf Course Fees...............................................................................................................................Page 34 CommunityGarden Fees....................................................................................................................................Page 35 NatureCenter School Programs..........................................................................................................................Page 35 Nature Center Community Programs..................................................................................................................Page 35 Oak Knoll Golf Course Wedding Fees...............................................................................................................Page 35 Maps...........................................................................................................................................:........................Page 35 SECTION 11 - List of Rates and Charges Set by Separate Resolutions System Development Charges (SDCs) List of Resolutions Parks and Recreation Resolution 2000-29..........................................................................................................Page 36 TransportationResolution 1 99942.....................................................................................................................Page 36 SewerResolution 2006-27..................................................................................................................................Page 36 StormResolution 2002-15..................................................................................................................................Page 36 WaterResolution 2006-27..................................................................................................................................Page 36 Utilities Rates and Fees List of Resolutions AFNResolution 2010-28....................................................................................................................................Page 36 ElectricResolution 2009-26................................................................................................................................Page 36 SewerResolution 2011-09..................................................................................................................................Page 36 Storm Drain Resolution 2009-28........................................................................................................................Page 36 TransportationResolution 2009-27.....................................................................................................................Page 36 WaterResolution 2011-08..................................................................................................................................Page 36 SECTION 12 - Research Fee ResearchFee.......................................................................................................................................................Page 36 SECTION 13 - Building Valuation Data Budding Safety Division—Building Valuation Data—August 2011...................................................Page 37 Miscellaneous Fees and Charges FRI I ML& Section 1-Administration Administration Services/Finance Miscellaneous Fees and Charges Administrative Billing Charge (up to 10%)Per Billing Business License Fees Initial Business License Application Fee Licensee shall pay a prorated fee of$10 for each month, $120.00 for first 2 employees* or portion of a month, remaining in the fiscal year from +$5.00 for each additional the date of the application with a minimum fee of$25.00 employee Temporary Business License Application Fee $25.00 Renewal Application Fee $75.00 for first 2 employees* +$10.00 for each additional employee Rental Property Fees Same as above for activity including six or more properties. Late Application Fee $25.00 Late Renewal Fee (paid 30 days after the due date) 10%with a minimum of$25.00 *Pursuant to AMC 6.04.020.E an employee is an individual who performs service for another individual or organization. The number of employees reported shall be the number of employees as of the date the new ap- plication or renewal will become effective if approved. It does not matter whether an individual is a full, part- time, or temporary employee for business license purposes. Section 1-Administration Utility Billing Miscellaneous Fees and Charges Current Proposed Administrative Fees: Notification of Pending Collection $10.00 Returned Check Charge $35.00 Reconnection Charge: During Business Hours $25.00 After Hours or Holidays $100.00 Service Connection: Normal working hours $10.00 Other Hours or Holidays $100.00 Parking Fees Parking Structure Fees: 6:00 a.m. - 6:00 p.m. (or segment) $1.00 6:00 p.m. - 2:00 a.m. (per hour) $1.00 6:00 a.m. -2:00 a.m. (maximum) $3.00 Parking permit(where applicable in City structure or lot) 6:00 a.m. -6:00 p.m. Monday - Saturday (unless otherwise posted) $20.00 Parking Ticket Surcharge (citywide) $4.00 Downtown Parking Area Fees: Short Tenn (<30 minutes)unloading from"marked" No charge business vehicle with flashers Daily parking permit (Orange)- 1 st day or fraction of day $0.00 $5.00/day Additional days (limited to 5 days; no charge on Sunday or $1.00/day federal holidays) • Limit of two per business address at a time Applicable permits/licenses must be current • Each permit is good for one parking space • Not applicable to handicapped or short term spaces equal to or less than 15 minutes, green loading zones, fire or other restricted areas. Section 2—City Recorder City Recorder Miscellaneous Fees & Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Audio Tapes: CD/DVD/Cassette $5.00 each Liquor Licenses: Temporary Liquor License (processing fee) $10.00 Liquor License (new processing fee) $100.00 Liquor License (change of ownership processing fee) $75.00 Annual Renewal Liquor License $35.00 Taxicab Licenses: New Certification application (one-time processing fee) $250.00 Annual Renewal of Certificate $200.00 (per vehicle) Lien Searches: (fees set by Ordinance 2385 in 1986) Routine requests $20.00 Rush/Fax Requests $30.00 Elections: (amount set by Resolution#2009-05) Required deposit for Citizens Initiative $500.00 Street/Alley Vacations: (filing fee set by Resolution 1994-24) Required deposit of filing fee $500.00 Ambulance: Annual renewal fee $300.00 Annual ambulance fee(each vehicle) $100.00 Annexation: Processing fee for County Department of Assessment $300.00 Research Fee: Refer to Section 12 on page 37 Section 3-Community Development Planninct/Community Development Miscellaneous Fees and Charges Current Proposed Pre-Application Conference: $125.00 $127.00 Administration Actions: Final Plat Review: Partitions $125.00+$10/lot $127.00+$10/lot Subdivisions $318.00+$27/lot $325.00+$27/lot New Sign Permit $125.00+$2.50/sq ft $127.00+$2.50/sq ft Replacement Sign Permit $27.00+2.50/sq ft Home Occupation Permits $27.00 Zoning permit(fence, accessory structure, etc.) $27.00 Land Use Approval Extension Request $318.00 $325.00 Lot Line Adjustments $318.00 $325.00 Any other Administrative Action $318.00 $325.00 Type I Reviews: Tree Removal Permit(not associated with another action) $27.00 Solar Setback Variance $963.00 $982.00 Amendments to Conditions $963.00 $982.00 Physical & Environmental Constraints Permit $963.00 $982.00 Conditional Use Permit-Accessory Residential Unit $625.00 $982.00 Conditional Use Permit (Type I only) $963.00 $982.00 Variance (Type I only) $963.00 $982.00 Residential Site Review $963.00+$64/unit $982.00+$65/unit Final Plan Performance Standards $963.00+$64/lot $982.00+$65/lot Land Partitions $963.00+$64/lot $982.00+$65/lot Commercial Site Review $963.00+0.5% $982.00+.5% (.005) of project value* of project value* Any other Type I Review $963.00 $ 982.00 Independent Review of Wireless Communication Facilities** $5000.00 Type II Reviews: Conditional Use Permit(Type H only) $1928.00 $1970.00 Variance (Type 11 only) $1928.00 $1970.00 Outline Plan or Preliminary Plat for Subdivisions $1928.00+132/lot $1970.00+132/lot Final Plan with Outline $2573.00+132/lot $2624.00+132/lot Commercial Site Review $1928.00+.5% (.005)of project value* Any other Type II Review $1928.00 $1970.00 Independent Review of Wireless Communication Facilities** $5000.00 * Project value includes the estimated valuation of all structures(per State of Oregon Building Code),as well as all related project site improvements,such as grading,paving,landscaping,bioswales,etc **The initial deposit required with an application for a new wireless communication facility that is not collo- cated is$5,000,and shall be used by the City for the costs of expert review of the application. If any time during the planning application process the account balance is less than$1,000,the Applicant shall upon no- tification by the City replenish the account so the balance is at least$5,000. The maximum total consultant fees to be charged to the Applicant shall be$10,000,and any unused portion of fee will be refunded. Section 3-Community Development Type III Reviews: Current Proposed Zone/Comprehensive Plan Map Change $2573.00 $2624.00 Comprehensive Plan Change $2573.00 $2624.00 Annexation $3862.00 $3947.00 Urban Growth Boundary Amendment $3862.00 $3947.00 Any other Type III Review $3216.00 $3286.00 Legislative Amendments: Comprehensive Plan Map/Large Zoning Map Amendment $4,507.00 $4606.00 Land Use Ordinance Amendment $4,507.00 $4606.00 Comprehensive Plan Amendment $4,507.00 $4606.00 City Sponsored Legislation (City Council Directive) $0.00 Appeals: Appeal for initial Public Hearing $150.00 Appeal for Final Decision of City (Planning Commission or City Council) $318.00 $325.00 Solar Access: Solar Access Permit(not a Solar variance) $50.00+$10.00 per lot affected Community Development Fee: This fee is charged concurrently with Building Permit 1.1% (.011)of Fees at the time of building permit application for all new constructi on building permits requiring a plan review. per building code definition of valuation Community Development Copy Fees Current Proposed Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Prepared Documents: Site Design& Use Standards $5.00 Street Tree Guide $5.00 Transportation Element $5.00 Downtown Plans (2001, 1998) $5.00 Street Standards Guide $5.00 Comprehensive Plan/Land Use Code $40.00 Research Fee: Refer to Section 12 on page 37 Section 3-Community Development Building Division Permit Fees for Commercial and Residential In accordance with OAR 918-050-0030,the applicant for a building permit shall provide an estimate of con- struction costs at the time of application. Permit valuations shall include value of all work, including mate- rials and labor,for which the permit is issued. This estimate shall also include the cost of electrical,gas,me- chanical, plumbing, and permanent equipment and systems. The City will also prepare an estimate of the building valuation based on the current ICC Valuation table that is published and updated annually. The building permit will be based on the highest of these two estimates. Building Permit Fees: Total Value of Work Performed: $1.00 to $500.00 $10.00 $501.00 to$2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including$2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2000.00 plus $6.00 for each additional $1000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including$50,000.00 $50,001.00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Plan Review Fee for Commercial and Residential: Plan Review Fee A plan review fee equal to 65% of the structural permit fee shall be due at application Additional Plan Review Fee $65.00 per hour Deferred Submittal Fee 65% of structural permit fee of deferred submittal valuation with a $50.00 minimum fee Miscellaneous Fees for Commercial: Commercial Fire Sprinkler/Fire Suppression/ Total value of work performed (structural permit Fire Alarm fee) Commercial Fire Sprinkler/Fire Suppression/ 65% of structural permit fee Fire Alarm Plan Review Note: See appendix for methodology for calculation of valuation for all permit fees utilizing valuation/ Section 3-Community Development Inspection Fees for Commercial and Residential: Inspections for which no building permit applies $65.00 per hour, (minimum 1 hour) per inspector Re-inspection Fee $50.00 Inspecti ons outside normal business hours (minimum 1 hr) $130.00 per hour; per inspector Residential Plumbing Permit Fees New Residential: Cost Each I bathroom/kitchen (includes: first 100 feet of water/sewer lines; hose bibs, ice maker; under floor low-point drains; and rain-drain packages) $285.00 2 bathrooms/] kitchen $345.00 3 bathrooms/] kitchen $405.00 Each additi onal bathroom (over 3) $45.00 Each additional kitchen (over 1) $45.00 Remodel / Alterations: Remodel /Alterations(minimum fee) $40.00 Each fixture, appurtenance, and first 100 ft of piping $15.00 Miscellaneous Residential: Minimum Fee $40.00 Piping or private storm drainage systems exceeding the first 100 feet $22.00 Backflow Assembly $15.00 Residential Fire Sprinkler(include plan review): $2.44 x total square footage of structure= Sprinkler Valuation (use Building Permit Fees Valuation Table on page 13 for fee calculation) Manufactured Dwelling or Pre-Fab: Connections to building sewer and water supply $50.00 RV and Manufactured Dwelling Parks: Base fee (including the first 10 or fewer spaces) $150.00 Each additi onal 10 spaces $100.00 Section 3-Community Development Commercial Plumbing Permit Fees Commercial, Industrial, and Dwellings other than one - or two-family: Minimum fee $40.00 Each fixture $15.00 Piping (based on number of feet) $0.75/ft Miscellaneous: Minimum fee $40.00 Specialty fixtures $15.00 Re-inspection (no. of hrs. x fee per hour) $65.00 Special requested inspections (no. of hrs x fee per hour) $65.00 Medical gas piping: Minimum fee $50.00 Valuation $500 to $2,000 $50.00 + $5 per$100 of valuation Valuation $2,001 to$25,000 $125.00+$18 per$100 of valuation Valuation $25,001 to$50,000 $540.00 +$14 per$100 of valuation Valuation $50,001 to $100,000 $890.00+ $9 per $100 of valuation Valuation greater than $100,000 $1,340.00 + $8 per$100 of valuation Residential Mechanical Permit Fees Mechanical Permit Minimum Fee: $50.00 Furnace/Burner including ducts & vents: Up to 100k BTU/hr. $12.00 Over 100k BTU/hr. $15.00 Heaters/Stoves/Vents: Unit Heater $15.00 Wood/pellet/gas stove/flue $15.00 Repair/alter/add to heating appliance or refrigeration $12.00 unit or cooling system/absorption system Evaporated cooler $15.00 Vent fan with one duct/appliance vent $7.50 Hood with exhaust and duct $10.00 Floor furnace including vent $15.00 Gas Piping: One to four outlets $6.00 Additional outlets (each) $0.75 Air-handling Units, including Ducts: Up to 10,000 CFM $10.00 Over 10,000 CFM $15.00 Section 3-Community Development Compressor/Absorption System/Heat Pump: Up to 3 hp/100K BTU $15.00 Up to 15 hp/500K BTU $25.00 Up to 30 hp/1,000 BTU $50.00 Up to 50 hp/1,750 BTU $60.00 Over 50 hp/1,750 BTU $75.00 Incinerator: Domestic incinerator $25.00 Commercial Mechanical Permit Fees Minimum Fee $50.00 Total valuation of mechanical system and installation costs 0.5%of valuation Miscellaneous Fees: Re-inspection $50.00 Specially requested inspection (per hour) $65.00 Regulated equipment (un-classed) $50.00 Electrical Permit Fees Residential per unit, service included: Cost Each 1,000 sq. ft. or less $106.00 Each additional 500 sq. ft. or portion thereof $19.00 Limited energy $25.00 Each manufactured home or modular dwelling service or feeder $50.00 Multi-family residential $45.00 Residential and Commercial—Services or Feeders: installation, alteration, relocation: 200 amps or less $63.00 201 to 400 amps $75.00 401 to 600 amps $125.00 601 to 1,000 amps $163.00 Over 1,000 amps or volts $375.00 Reconnect Only $50.00 Temporary Services or Feeders: 200 amps or less $50.00 201 to 400 amps $69.00 401 to 600 $100.00 Over 600 amps or 1,000 volts, see services or feeders section above Section 3-Community Development Branch Circuits: new, alteration. extension Per panel: Current Proposed Branch circuits with purchase of a service or feeder $3.00 Branch circuits without purchase of a service or feeder: First branch circuit $43.00 Each additional branch circuit $3.00 Miscellaneous Fees: service or feeder not included: Each pump or irrigation circle $50.00 Each sign or outline lighting $50.00 Signal circuit or a limited energy panel, alteration or extension $50.00 Specially requested inspection (per hour) $65.00 Each additional inspection over the allowable $50.00 Residential Restricted Energy Electrical Permit Fees Fee for all systems*: $25.00 Audio and stereo systems Burglar alarm system Doorbell Garage-door opener Heating, ventilation,& air-conditioning systems Landscape lighting& Sprinkler controls Landscape imgation controls Outdoor landscape lighting Vacuum Systems Each additional inspection $25.00 *For new construction, this permit fee covers all systems listed or can be sold separately. Renewable Energy Systems: 5 KVA or less $79.00 5.01 KVA to 15 KVA $94.00 15.01 KVA to 25 KVA $156.00 Wind generation systems in excess of 25 KVA: 25.01 KVA to 50 KVA $204.00 50.10 KVA to 100 KVA $469.00 For wind generations systems that exceed 100 KVA the permit fee shall be calculated in accordance with OAR 918-309-0040 Solar generation systems in excess of 25 KVA: $6.25/KVA The permit charge will not increase beyond the calculation for 100 KVA. Permits issued under this sub- section include three inspections. Additional inspections will be billed at an hourly rate. State of Oregon Surcharge - ORS 455.210(4) State of Oregon permit surcharge is 12% of structural, plumbing, mechanical and electrical components of the overall building permit. Section 4— Electric Electric Miscellaneous Fees and Charges Temporary Service Drop: Current Proposed Single Phase Underground temp 300 amps or less $206.00 $241.00 Single Phase Overhead temp 300 amps or less $253.00 $288.00 Three Phase Actual Cost Meter Charges: Meter Tests for accuracy: Once in twelve months No Charge Two or more times in twelve months $120.00 $168.00 Meter repairs/replacement(Damaged by Customer) Actual Cost Non Radio Frequency Meter Charges: Conversion from Radio Frequency (RF)to Non RF meter No Charge Monthly Fee to manually read Non RF meter No Charge Non Sufficient Funds Check Fee: $35.00 Reconnection Charge: Normal working hours $25.00 Other hours or Holidays $100.00 Service Calls: Once in twelve months No Charge Two or more times in twelve months $165.00 $195.00 Other hours or Holidays $203.00 $290.00 Service Connection for Applicant: Normal working hours $10.00 Other hours or Holidays $100.00 Scheduled work after hours: Actual Cost Unauthorized Connection: $215.00 Unauthorized Connection $215.00 Section 4-Electric Line Extension Charges New Single-Family Residential Service: Current Proposed Overhead service in existing developed areas from distribution line to and including meter $477.00 $541.00 Overhead service upgrade or increased service for 300 amps or less $477.00 $541.00 Replacement of service from overhead to underground, 300 amps or less. Customer provides all trenching, conduit, backfilling and compaction as directed by the City. $993.00 $1,136.00 Underground residential service of 300 amps or less. Customer provides conduit, trenching, back fill, compaction as directed by the City. $602.00 $684.00 *Underground Distribution Installation Charges: Per Lot less house service and engineering fees. $1,043.00 $1130.00 *Subdivisions of 0 to 20 engineering fee per lot $150.00 $163.00 * Subdivisions of 21+engineering fee per lot $227.50 $247.00 *Three Phase subdivision as required by city per lot $227.50 $247.00 Any overhead/underground service over 300 amps Actual Cost Commercial, Institutional and Industrial Service Actual Cost **Blower Door Leak Test(gas heat customers only) $75.00 **Duct Leak Test(gas heat customers only) $125.00 * Methodology: Current ENR Rate- Old ENR Rate/Old ENR Rate=% Rate of Adjustment (9289.65-8573.87)/8573.87 = 8.35% Source: Engineering News Record Construction Cost Index (ENR) **Electric heat customers= no fee Section 5-Fire Fire Miscellaneous Fees and Charges Copy Fees: Black and White Copy Letter/Legal Single Sided $ .20 each Black and White Copies Letter/Legal Double Sided $ .40 each Black and White Copies Tabloid Single Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copy Letter/Legal Single Sided $ 1.50 each Color Copy Tabloid $ 3.00 each Report Fees: Non patient Pre-hospital Care Reports $12.00 for 10 pages or less $15.00 over 10 pages Fire Incident Reports $12.00 for 10 pages or less $15.00 over 10 pages. Photographs $12.00 per case request CD/DVD $19.00 per case request Mailing Cost Actual Cost Research Fee: Refer to Section 12 on page 37 Fire Fees: Cost Recovery Equipment *Per Current Oregon State Fire Marshal Standardized Cost Schedule Personnel *$50.00 per person per hour—2 Hour minimum per person Hazardous Materials Cleanup Actual Cost Emergency Medical Services: FireMed Annual Household Fee-Annual Renewal $55.00 per year FireMed Plus Annual Household Fee-Annual Renewal $95.00 per year Emergency Medical Service Fee—Aid Call $250.00 per patient Ambulance Base Rate $899.78 per patient Ambulance Mileage Rate $14.00 per mile Ambulance Waiting Time $25.00 per 1/2 hour Ambulance Stand By (2 hour minimum) $100.00 per hour On scene Coordinator $50.00 per hour Extra attendant $45.00 each Ambulance Service Area 111 2010 rate schedule Base rates will be adjusted each year by the most current posted "Consumer Price Index" (CPI). Other rates and mileage charges will be adjusted only by approval of the County Commissioners. Section 5-Fire Fire and Life Safety: Plan Checks: Any Building Permit-24% of the Building Division Structural Permit Fee and Plan Check Fee New Subdivision or Land Partition - 24% of the Engineering Subdivision Plat Check Fee Other: Fire Hydrant Flow Tests required for new installations will be assessed at$100 per flow test. Any review required by the Oregon Uniform Fire Code, and which does not involve a building permit, will be charged at the rate of$50.00 per hour. A minimum charge of$25.00 will be assessed to these reviews. When the Building Division assesses additional fees for plan reviews and/or field inspections, any fire department staff time associated with that activity will be included in their fees at their specified rate. Current Proposed First Aid/CPR Classes: Basic Life Support(BLS)for Healthcare Providers CPR Class $55.00/person Heart Saver CPR& First Aid Class $55.00/person Heart Saver CPR Class $35.00/person Family and Friends CPR Class $5.00/person Inspection Fees: Initial Inspection (Re-inspection Included) Occupancy Type "B" 0-1,000 sf $32.00 $33.00 1,001-3000 sf. $50.00 Occupancy Type "A, E, F, H, I, M, S" 0-3,000 sf. +B 1,001-3,000 $48.00 $50.00 Occupancy Type "A,B, E, F, H, 1, M, S" 3,001-10,000 sf $96.00 $99.00 10,001-20,000 sf $144.00 $148.00 Over 20,000 sf. $192.00 $197.00 Occupancy Type"R SR" 3 to 10 Units $48.00 $50.00 11 to 40 Units $96.00 $99.00 41 to 70 Units $144.00 $148.00 Over 70 Units $192.00 $197.00 Non-Compliance after 2nd Inspection Inspection Fee+ $50.00 $52.00 Non-Compliance after 3rd Inspection Inspection Fee+ $100.00 $103.00 Non-Compliance after 4th Inspection / Subsequent Inspections Inspection Fee + $150.00 $154.00 Weed Abatement: Staff time Refer to Section 12 on page 37 Mailing Cost Actual Cost Weed Abatement by Contractor Actual Cost Section 6-Information Technology Information Technologv Miscellaneous Fees and Charges* Installation Fees: Current Proposed Basic installation-Pre-wired CATV outlets only $ 20.00 (Additional charges for parts and supplies apply) Wi Max standard installation $0.00 $200.00 Add Trap ("filter") $10.00 New customer cable modem activation $0.00 $10.00 Cable Modem $0.00 $50.00 Refurbished 90 —day replacement warranty Additional materials $0.00 $10.00 Over-and-beyond regular installation including multi outlets, outlet plates, additional wiring, replacement of customer damaged outlets. Disconnect Fees: Disconnect $50.00 Remove Trap ("Filter") $10.00 Truck Roll: $20.00 Field Technician Hourly Rate: Non-standard work such as advancing troubleshooting, non-standard outlets, fishing wire inside walls, etc. $40.00 Consulting and Technical Support Hourly Rate: For support issues not related to AFN infrastructure, performance, and reliability. Minimum charge on hour. $70.00 Non-City Employee Staff Screening: Charge for each vendor employee submitted for authorization to Access AFN and City Service Center facilities. $150.00 Fiber Service Installation: . $1,500.00 Minimum one-time fee for overhead served connections. Mandatory two-year agreement. Requests for underground served installations and/or for services beyond 1000' feet of existing overhead AFN fiber network will be charged by quote. Transit Fees: Transit @ 100 Mbps $300.00/month Transit @ 1 Gbps $400.00/month Section 6-Information Technology Current Proposed Static IP Address: $0.00 $5.00/mo each Maximum of 5 static IP addresses* • Minimum level of service for static IP and QoS is "CHOICE"or higher service tier. QoS ("Quality of Service") Fee: $3.50/mo Primarily requested through Retail Partners for VOIP (phone) enhancement. Available on AFN Choice or higher Service. Modem DOCSIS (.(,compliant or greater Business Augmented Upload Package (additional 5 Mbps): $15.00/mo Available exclusively on AFN Direct with the following requirements: • Current City of Ashland Business License • Business Augmented Upload Package available only with: • Small Office/Home Office (SOHO) • Small Business *Additional fee added to base AFN Direct retail rates on specie packages. Maximum SOHO upload speed with augmented upload service at up to 9 Mbps Small Office/Home Office Business Augmented Upload Package @$80/month Maximum Small Business upload speed with augmented upload service at up to 10 Mbps Small Business Augmented Upload Package @$100.00/month Non-return of customer premise equipment (CPE) devices: $300.00 CPE's must be returned on disconnect date of AFN Anywhere and/or AFNMax services. Cable N (CAN) Seasonal Reconnects & Disconnects: $0.00 $10.00/visit Non-pay disconnects&reconnects Service change Install HBO filter CAN House Amp Fee: $0.00 $35.00/each Utility Billing Lobby Sionaae Fee: $0.00 $100.00/mo. *Resolution 2010-28(Section 2,page 38)grants Information Technology management ability to set promotional rates. Section 7-Municipal Court Municipal Court Miscellaneous Fees and Charges Court Administration Fees: Crime Violation Proposed Appeal Transcript Fee $35.00 $10.00 City Attorney Deferred Sentence/Diversion $60.00 $40.00 Civil Compromise Costs $75.00 N/A Compliance Inspection Fee N/A $25.00 Court Appointed Counsel Fees and Charges Billed ranging from $250-$600 Default Judgement N/A $15.00 Discovery Fees Imposed in Accordance with Miscellaneous Fee&Police Department Resolutions See Police and City Recorder Fees Diversion by Municipal Court: Classes I-IV, A-D Unclassified and Specific Fine Violations N/A Presumptive Fine Extend/Amend City Attorney Deferred Sentence/Diversion $45.00 ` $45.00 Failure to Appear for Bench Trial/Show Cause hearing $90.00 $70.00 Failure to Appear for Jury Trial $150.00 N/A Forfeiture of Security $25.00 $25.00 Mediation of Violation(Municipal Court Mediation) N/A $65.00 Non Sufficient Funds Check $25.00 $25.00 Court Costs $35.00 $45.00 Expunction $250.00 $0.00 $240.00 Show Cause Admission of Allegation $25.00 $10.00 Bench Probation Fee $100.00 N/A Bank Costs Warrant $25.00 10%at monthly Witholding on County Assesment distribution Other Domestic Partnership Registration $25.00 All other Fees and charges inconsistent with the fees and charges set forth herein are repealed. Nothing in this Resolution is intended to detract from the inherent power of the Court pursuant to general law to impose fees and charges established in state law or City ordinance in addition to the fees and charges specified heren. Section 8-Police Police Miscellaneous Fees and Charges Police Reports: $12.00 for reports 10 pages or $15.00 for reports over 10 pages Research Fee: Refer to Section 12 on page 37 Visa Letters: $19.00 Fingerprints Cards: $20.00 first card $10.00 each additional card Photographs (CM $19.00 Audio Tapes/ ICOP Videos: $19.00 Non Sufficient Funds Check Fee: $35.00 Impound/Tow Fee: $105.00 Cash only Taxi Operator License: $20.00 renewal $42.00 new Bicycle License: $2.00 Section 9-Public Works Public Works Miscellaneous Fees and Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $0.20 each Black and White Copies Letter/Legal Double-Sided $0.40 each Black and White Copies Tabloid Single-Sided $0.40 each Black and White Copies Tabloid Double-Sided $0.80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Existing maps printed in color on HP1055CM plotter(241b bond Paper) Arch C 18 x 24 3.00 sq. ft. $18.00 Arch D 24 x 36 6.00 sq. ft. $36.00 Arch E 36 x 48 12.00 sq. ft. $72.00 Existing maps or copies of existing maps copied in B&W on Xerox 3030 large format copier (201b bond paper) Arch C 18 x 24 $8.00 Arch D 24 x 36 $12.00 Arch E 36 x 48 $16.00 Note: Maps printed on materials other than the specified bond are double the standard print fee Plat & Plan Checks: Current Proposed Subdivision Plats $705.00 plus $106.00 per lot $720.00 plus $108.00 per lot Condominium Plats $705.00 plus $106.00 per lot $720.00 plus $108.00 per lot Partition Plats (does not include 24%Fire Department Review Fee) $377.00 $385.00 Subdivision Improvement Plat Check 5%Engineer Fee(5% of 5% Engineer Fee(5% of the public improvement cost)the public improvement cost) Engineering Development Fee (this feeds charged concurrently with Building Permit Fees at the time of building permit applications. Applies To all new residential dwelling units and commercial 0.75% of valuation Developments. Remodels,additions and accessory Buildings are not assessed this fee.) Section 9-Public Works Public Works/Enoineerina Inspections, Permits, etc: Current Proposed Subdivision Construction Inspection/ 5%Engineer Fee(5% of Public Works Improvement Inspection the public improvement cost) Street or Alley Excavation Permit $190.00+ per ft. cost $194.00+ per ft. cost based on pavement age based on pavement age Encroachment Permit $190.00 $194.00 Miscellaneous Construction Permit $62.00 $63.00 (Construction of curb, sidewalk,driveway Apron,etc.) Dust Suppression Permit $62.00 $63.00 Driveway Painting Permit $15.00 (includes a can of paint) Right-of Way Closure-Street $190.00 $194.00 Right-of Way Closure-Sidewalk(>72 hrs) $62.00 $63.00 Right-of Way Closure-Sidewalk(<72 hrs) $15.00 Right-of Way Closure-Parking Space(>72 hrs) $61.00 $63.00 Right-of Way Closure-Parking Space(<72 hrs) $15.00 Block Party $15.00 Sidewalk Dining—Annual Renewal $4.00/sq. ft. (minimum 50 sq. ft) Functional Item—Annual Renewal $62.00 $63.00 Special Event Permits (per Resolution 2012-08): Large Event—4 hours or more with entry fee $1,000.00 'Fees listed below Large Event—4 hours or more with NO entry fee$850.00 replace these fees Small Event—Less than 4 hours with entry fee $700.00 Small Event—Less than 4 hours with NO entry fee$350.00 Basic Event (no city staff required) $130.00 City Sponsored Event $0.00 Base Special Event Permit Fee (plus applicable fees below) $130.00 Events that require city staff overtime 60% of city staff O/T Rush Fee (less than 90 days advance notice) $250.00 Section 9-Public Works Public Works/Engineering Inspections. Permits. etc. (cont) Current Proposed Loaned Functional Item, Pennant Application Fee $128.00 $131.00 Publication Box Per Publication-Annual Renewal $26.00 $27.00 Special vehicle Permit-Initial Fee $262.00 $268.00 Special vehicle Permit-Annual Renewal $105.00 $107.00 Penalty for No Permit 150% of permit cost Street or Alley Vacation $635.00 $649.00 GIS Data & Mapping Services: Current Proposed GIS Hourly Rate $78.00 $80.00 Information on Disk $38.00/utility per $40.00/utility per Quarter section Quarter section Planning Pre-Application Maps $21.00 $22.00 Plotting Fee $6.00/square foot New Address Assignment $36.00/address# $37.00/address # Street Name Approval Fee $102.00/street $104.00/street t Section 9-Public Works Sanitary Sewer Connection Fees: Current: Proposed: Sanitary sewer mainline video inspection $302.00 min. $311.00 min. (cost based on time and materials) Water Connection Fees: 3/4 inch service connection from main line including meter $1,669.00 $1,717.00 If owner/builder/contractor provides trench and backfill $386.00 $397.00 1 inch service connection from main line Including meter $1,909.00 $1,964.00 If owner/builder/contractor provides trench and backfill $520.00 $535.00 1 1/2 inch service connection from main line including meter $2,624.00 $2,700.00 If owner/builder/contractor provides trench and backfill $1,099.00 $1,131.00 2 inch service connection from main line including meter $2,871.00 $2,954.00 If owner/builder/contractor provides trench and backfill $1,433.00 $1,475.00 3 inch service connection from main line including meter Actual Cost First Utility Locate at an address No Charge Additional Locates at same address $66.00 $68.00 Water meter re-read Once in 12 months No Charge Each additional re-read in 12 months $29.00 $30.00 Water Meter Field Test $47.00 $48.00 Water Meter Bench Test 3/4" or 1" Water Meter $102.00 $105.00 1 1/2" or 2" Water Meter $191.00 $197.00 Larger Meters Actual Cost Section 9-Public Works Water Connection Fees Continued Current Proposed Water pressure check once in 12 month No Charge Each additional pressure check in 12 months $37.00 $38.00 Water Chlorination Test-Subdivision retest upon failure(cost based on time and materials) $606.00 $624.00 Water Pressure Test-Subdivision retest up failure (cost based on time and materials) $363.00 $374.00 Water Main Line Tap -up to 6 inch waterline (cost based on time and materials) $1,810.00/tap $1,862.00/tap Water Main Line Tap -above 6 inch waterline $2,416.00 min+ $2,486.00 min + (cost based on time and materials) actual cost/tap actual cost/tap Cemetery Fees: Sales of grave spaces or burial plots (fees split,40%to the cemetery fund&60%to the cemetery trust fund) Grave Space -Lawn and Monument Sections $488.00 $499.00 Grave Space-Baby Land $154.00 $158.00 Grave Space -Niches (bronze) $411.00 $422.00 Grave Space -Urn garden $154.00 $158.00 Grave space-Crypt $1,027.00 $1,055.00 Sales of liners and markers:. (fees split,40%to the cemetery fund &60%to the cemetery trust fund) Concrete cemetery box, including setting $411.00 $422.00 Concrete liners Cost plus 10% Final inscriptions $125.00 min charge Grave markers Wholesale cost X 2.5 not to exceed $700.00 Grave marker setting, concrete base $154.00 $158.00 Monticello burial vault(sealed concrete) $1,130.00 $1,161.00 Section 9-Public Works Current Proposed Sexton Fees: Opening and closing graves, ground $411.00 $422.00 Opening and closing graves, double-deep $462.00 $474.00 Opening and closing graves, infant $154.00 $158.00 Opening and closing crypts $411.00 $422.00 Opening closed crypts $411.00 $422.00 Opening and closing niches $103.00 $106.00 Inter cremains in grave spaces $154.00 $158.00 Scattering of cremains $103.00 $106.00 Disinterment $1,027.00/in advance $1,050.00/in advance Saturday, Sunday or Holiday burial $411.00 $422.00 Miscellaneous Fees: Grave Setup Rental $103.00/occurrence $105.00/occurrence Tent Rental $51.00/day $52.00/day Perpetual care lots, sold before 1927 $103.00 $106.00 Vases: Galvanized $41.00 $42.00 *cemetery fees will be subject to a 1.5%finance charge per month if not paid within 60 days of use. All above services will be sold pre-need in installments,interest free,with a minimum payment of one-twelfth of the total sale. 2012 CPI and ENR Calculations: Methodology: Current CPI Rate - Old CPI Rate/Old CPI Rate=% Rate of Adjustment (140.235-137.2)/137.2=2.2% Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate= %Rate of Adjustment (9268-9011)/9011 =2.9% CPI used for: ENR used for: Plat& Plan Checks Sanitary Sewer Connection Fees Public Works/engineering Inspections, Permits, etc. Water Connection Fees GIS Data&Mapping Services Cemetery Fees Section 10-Parks and Recreation �22 BR-Iij, ASHLAME3 PARKS 8c RECREATION[ Section 10 Parks and Recreation Miscellaneous Fees and Charges Section 10-Parks and Recreation Parks Miscellaneous Fees and Charaes Wedding Packages: - Current Proposed Lithia Park Sites $800.00/8 hrs. $400.00/4 hrs. Community Center $1,150.00 park site included Pioneer Hall $1,150.00 park site included Group Picnic Rentals: Cotton Memorial Area $75.00/4 hrs. Madrone Area $60.00/4 hrs. Top Southern Lawn $55.00/4 hrs. Hillside Picnic Area $55.00/4 hrs. Sycamore Grove $75.00/4 hrs. Brinkworth Area $60.00/4 hrs. Root Memorial Area $60.00/4 hrs. Lawn below Upper Duck Pond $60.00/4 hrs. Butler Bandshell $220.00/8 hrs. Deposits: Picnic Areas $75.00 Lithia Park Weddings $75.00 Butler Bandshell $190.00 Buildings Security $300.00 for events (refundable) $150.00 for meetings (refundable) Special Event Fees: Street Closure Fee $75.00 Park Booth fee $25.00/per booth (max. 10) Alcohol Fee: $150.00 (non-refundable) General Building Reservations: The Grove Full Facility $41.50/hr. on weekdays $50.00/hr. on weekends The Grove Otte/Petterson $22.50/hr. on weekdays $25.00/hr. on weekends Hunter Park Senior Center $19.50/hr. on weekdays $31.50/hr. on weekends Long Term User Fee $15.00/hr. (at least 6 days/yr) Oak Knoll Golf Course $19.50/hr. on weekdays $31.50/hr. on weekends Pioneer Hall/Community Center $19.50/hr. on weekdays $31.50/hr. on weekends Miscellaneous Equipment Fee $100.00 Field Usage: Tournaments $36.50/day each team Lights $28.00/hour Section 10-Parks and Recreation Current Proposed Calle Seating: Artisans $4.00/sq. foot Restaurant Seating $4.00/sq. foot Daniel Meyer Pool: Admission $2.00 Lap Swim $2.50 Water Aerobics $3.25 Swim Lessons $45/$24/$50 (age of child/length of lesson) Private Lessons $18.00 Open Swim punch card $30.00 Lap Swim punch card $40.00 Water Aerobics punch card $55.00 Season Pass $140.00 Youth Recreation Programs: 60/40 split with instructor and Parks Department Adult Recreation Programs: 60/40 split with instructor and Parks Department Ashland Rotary Centennial Ice Rink: Youth Admission $3.25 $3.50 Adult Admission $4.00 Skate Rental $2.50 Hockey Admission $5.50 Group Rental $5.00 Oak Knoll Golf Course Annual Passes: Annual Pass-Single $1,100.00 Annual Pass-Family $1,540.00 Daily Adult Fees (ages 18 to 54) 9 Holes: November-February $11.00 March-October $16.00 18 Holes: November-February $15.00 March-October $24.00 Section 10-Parks and Recreation Daily Senior Fees (apes 55 & up) Monday-Friday Only 9 Holes: November-February $11.00 March-October $14.00 18 Holes: November-February $14.00 March-October $22.00 Daily Junior Fees (ages 8 to 171 9 Holes: Year-Round $5.00 18 Holes: Year-Round $10.00 Driving Range One token (35)balls $3.00 Cart Fees (per person) 9 Holes: November-February $6.00 March-October $8.00 18 Holes: November-February $11.00 March-October $3.00 Community Garden Fees: 10x10 $30.00-$35 - depending on location 10x20 $42.00-$47 - depending on location 20x20 $65.00 4x12 $25.00 Nature Center School Programs: $200.00/Class Nature Center Community Programs: 70/30 split with instructor and Parks Department Oak Knoll Golf Course Wedding Fees: November-February $1,500.00-full day November-February $800.00 - half day March-October $750.00 - full day March-October $400.00 - half day Maas: City of Ashland Map $3.00 (or 2 maps for$5.00) Watershed Map $3.00 (or 2 maps for$5.00) Section 11— Rates and Charges Set by Separate Resolutions Rates and Charges Set by Separate Resolutions Listed Below' System Development Charges (SDCs) Parks and Recreation SDCs -Resolution 2000-29 Transportation SDCs -Resolution 1999-42 Sewer SDCs -Resolution 2006-27 Storm SDCs -Resolution 2002-15 Water SDCs -Resolution 2006-27 Utility Rates and Fees AFN Utility Fees -Resolution 2010-28 Sewer Rates -Resolution 2012-13 Storm Drain Fees -Resolution 2009-28 Transportation Fees-Resolution 2009-27 Water Rates -Resolution 2012-12 SECTION 12 - Research Fee A. The City shall charge a research fee based on the hourly wage of the staff person doing the re search, and the fee shall be billed in fifteen minute increments. The hourly wage used to calcu- late the research fee shall not include the cost of benefits. The City will establish a fee in its an- nual fee resolution that is reasonably calculated to reimburse the City for the actual cost of mak- ing public records available, including locating the requested records, reviewing the records to delete exempt material, supervising a person's inspection of original documents to protect the integrity of the records, summarizing, compiling, or tailoring a record, either in organization of media, to meet the person's request. The City may charge for search time even if it fails to locate any records responsive to the requestor even if the records located are subsequently determined to be exempt from disclosure. Copies of documents provided by a routine file search of 15-30 minutes or less will be charged at a copy rate established in the annual fee resolution. B. The City may include a fee established to reimburse for the costs of time spent by the city attorney in reviewing the public records, redacting materials from the public records into exempt and nonexempt records. The City fee may also include the cost of time spent by an attorney for the City in determining the application of the provisions of ORS 192.505. C. The City may not establish a fee greater than$25 unless the requester is provided with written notification of the estimated amount of the fee and the requestor confirms in writing that he/she wants the City to proceed with making the records available. D. Prepayment shall be required if the amount of the request is greater than $25. If the actual charges are less than the prepayment, and overpayment shall be refunded. *All of the above resolutions can be found in full text on the City of Ashland's Website: http://ashlandor.us s.A Section 13 - Building Valuation Data Community Development Department—Building Safety Division Methodology for calculation of permit valuation Icc INTERNATIONAL CODE COUNCII Building Valuation Data -August 2011 she international Code Council is pleased ro provide the does not take into account any regional cost differences. A=- following 3uile'ng Valuation Baia (BVD)for im members. The such, the use of Regional Cost Modifiers is subject to the BVD will be updated ai six-month intervals, with the next authority having jurisdiction. update in February 2012. ICC strongly recommends that all jurisdictions and other interested parries actively evaluate and Permit Fee Multiplier assess the impact of this BVD table before wining d in their Determine the Permit Fee Multiplier current code enforcement related activities. 1_ Based on historical records, determine the total annual The BVD table provides the "average' construction cosy per construction value which has occurred within the square foot,which can be used in determining permit.fees for Jurisdiction for the past year. a jurisdiction. Permit fee schedules are addressed in Section 108.2 al the 2099 imemsaorai Bwidirg Cade (IBC)whereas - Determine ;he percentage (%1 a the budding Section 109.3 addresses building permit valuations. The department budget expected to be provided by building permit fees can be established by using the BVD table and a permit revenue. Permit Fee Multiplier, which is based on the total construction Bldg.Dept Budget x I%) value within the jurisdiction for the past year.The Square Foot Perris Fee Multiplier= Cvnstnnetion Cost table presents factors that reflect restive 7gal Annual Censtiucudn Value value of one construction classification?oocupancy group :o Example another so that more expensive construction is 'assessed _ greater permit fees than less expensive construction. r he builOmg department operates on a S200.969 budget, and it experts to over 75 percent of that from building permit fees. ICC has developed this data to aid jurisdictions in determining The total annual construction value which occurred within the oerndt fees. It is important to rote that while this BVD table jurisdiction in the previous_year is 320.670.000_ does determine an estimated value of a budding (i.e., Gress S300.0N x 75% Area x Square Foot Ccinstmcion Cost), this data is only Permit Fee Multiplier= =0.0075 intended to assisi jurisdictions in determining their permit fees. $21110004-}0 This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not Permit Fee reoresentadve of specific cprsimction. The permit fee is determined using the building gross area,the This degree of precision is sufficient hot the intended ourpase, Square Foot Construction.Cast and the Permit Fee Multiolfer. which is to help establish permit fees so as to fund code Permit Fee=Gross Area x Square:oot Constru,-ddn Cost ccmoliar.ce activities. This BVD table provides junsdicfons x Permit Fee LtuNplier with a simplified way to determine the estimated value a a Example building that does not rely on the permit applicant to determine the cost of construmon. Therefore, the bidding process for a Type of Construction:IIB particular job and other associated factors do not affect the Area: 1st story=8.900 so.P value of a building far determining he permit fee. Whether a 2nd story=9,000 sq.f._ specific project is bid at a cost above Or below the comouted Height:2 stories value of construction does not affect the permit fee because Permit Fee Multiplier=0.0075 the cost of related code enforcement activities is not directly Use Group: B affected by he Lid process and results. 1. Gross area: Building Valuation Business=2 stories x 8,000 sq.R= 10,063 sq.ft. The milmving building valuation data represents average 2• Square Fact Construction Cos:: valuations for most buildings_ In conjunction with IBC Section &IIB=S 147.391sq.fL 109.2. :his data is offered as an aid for the building of vial to determine if the permit valuation is underestimated. Again it 3. Permit Fee: should be noted shat, when using this data. these are Business= WON sq.ft.x 5147 29,sq.ft x 0.007E "average' costs based on typical construction methods for =517,088 each occupancy group and type of construction.The average costs include foundation work, structural and nons:ructuraf building components, eliecu al, plumbing, mechanical and intedor finish material- Tne data is a national average and Section 13 - Building Valuation Data Important Points . For purposes of establishing the Peru•[Fee Multiober.the The BVO is not intended to apply to alterations or repairs estimated toil annual construction value for a given time to existing buildings. Because the scone of alerations or Period (1 year) is the wm of each building's value(Gross repairs to an existing budding varies so greatly,the Square Area x Square Foot Construction Cost)for that time period Foot Construction Costs table does not reflect, accurate (e.g., t yea,). values for that p4rcose. However, :he Square Foot , The Square Fact Cons;ruction Cost does not include the Construction Costs table can be used to determine the Post of an addition that is basically a stand-alone budding Price of the land on whion he building is ouih. The Square which happens to be attached to an e7dseng building. In Foot Construction Cost takes into account everything from the case of such additions, the only aberations to the foundation work to the roof structure and coverings but exiling building "Lid involve the attachment of the does not include he price of the land.The cost of the land addition to the existing budding and the openings between does not affect he cost of related code enforcement the addition and the existing building. activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs{v'`'4 Group(2009 Mrstriabonal Bu Odna C006) M IB UA dB IPA 108 r! VA vB A-1 Assernoty.neate.'e,•n1n stage 313.2E 236.[.2 200.72 797.95 150.73 1750'- 78`:14 1-4.`-0 157.E7 M .-seenbh•,tnea:er6.x@mUl stage 795.79 19715 162.5'- 773.7E 15101 1 56.91 16E.97 146.46 139.39 M2 ASSe=y,mlptglmE 1661.7E 1EO.[6 165.6E 14942 1:029 1.5.53 11189 127.27 I2 .E2 A-2 AS6e¢by,P-e7aCult6.Cal.Cai=etflale 563,7E 109,06 7,516'- 112,_2 1 16.29 125.63 742.39 12527 12tE2 A-3A66ecty,dUMM 197.76 1!9_E2 16:52 17915 1E3.0 t:a.B4 169.94 14841 141.42 A-3 Aasermy,gErPnt COMMIly 1131116,Mrarle6,111UHUM6 76!:15 156.21 151.91 714.14 7_'1.22 127.22 737.33 115.79 11-9.10 M.AL62nbN,aenai 791:9 196.06 760.55 1727E 1!9.31 15.91 765.97 14JA6 153.49 S EUStless 1EE25 1EA.31 1 157.97 1 517.3E M.73 13.6E 7111.2E 117.E6 I 17211) E Educalt7rul 17E:'9 170.31 165.24 157.71 146.90 139.0E 532.20 12791 123.47 .'I Factory'ard Intllstna,lrol"e rmstl 9_:83 9420 E3.53 6'-23 76.1E 72.05 61.59 62.7E `-9.16 ={• Factory 3rtl lydLEt1E1.IP4.0323rP 9?33 93.20 E8.53 BA.23 76.7E 71.E6 615! 627E `-8.15 :1-181¢11a23rJ,ekpt1619e5 92.5? 5E.70 E3.32 79.03 71-17 56.94 75.39 577E N.F. 1234 Hgn Haz rd 92.63 M-20 E3.32 7e.UE 71.17 E6.t 7553 57.7E 513 1-5.RM 156.'-5 1(0.31 15347 117.'20 1'-3.73 123.6E 7112E 11716 112.07 1-110SI[Lt OnaL 6LP-.NI Ue0i-onOent 566.15 1!0.!l 1.6.1_' 749.3E 1!7.18 133.55 749.37 123.78 178.71 1-2 nSIM:onai rosala'b 279.74 273]0 2613! 251'.77 24-524 N.F. 254.5E 1 2'1-:-27 N.F- 1-2nari*tonal rmw n]rnes 1915E 198.02 163A9 175.3; 10292 N.F. 76;.77 14E.25 N.F. 1J Invuronat restnared 78253 1_3.49 173.1`- 17['.5f 158.15 152.23 167,45 141.28 124.42 44 InSAILtonat cay ea-e taol0lee 76015 150.61 156.13 749.3E 137.16 133.55 14557 123.]8 116.71 \161e.Tan01! 122.74 11814 112.61 5773E 97.97 95.15 10i.ae a4.8e 91.53 R4 ResItImbd,not=ls ;67.56 1'.2[2 167.54 ;51-.77 18.75 135.1' WAS 124.E5 12025 R-2Res'4cluzi.mu:ple r]eay 540.7E 134.4; 130.44 723.67 11222 1B.70 123.72 9!.23 93.05 R-3 Res'daTnl,Ore-an]tAO-:3n7y 132.4E 126.E7 12E`69 122A7 117:9 1:1.66 M.59 ido 26 1[2.91 R-J Re16UFn0a,Cif¢gAICEtl ILing facOEes 16!15 1'-0.'-1 1'.5.13 143.3E 137.18 13355 145.57 123.08 118.71 St Stragl.RO]e3¢Oa7drd 9153 97._0 E1.32 75.02 6017 ESL 7435 557E '--2.[4- 1-.2 Sa3gi,104 PX3r4 93.93 °_0.70 Ei.32 774°_ be-17 04.94 73.3! 51.7E ElTS U Utl0y,nWelbn?W6 69.6x- 65.79 6157 ' 54.14 52.1E 46.79 0535 49,41 '_8.15 a ?Nate G3rge6 use LAty,nllscNJu'IEOJ6 e. urnnisrej 04- T.eRb tall Lee yTCUCJ-:45.01-net 6q.i1 C. =or snei only DUMM95 p GUM 23 IMMErrl a YP.-Wtpenr7ed Miscellaneous Fees and Charges - CITY OF ASHLAND Memo ---------- D/\llFi May S, 2O|2 TO: |.�� [oncbxr�� |o/xrino Assistant Li/y /\domliSi/:mr Fk{)\l: 4dno \Links. /\( on\uim/"t\vi: Services and JLUodri/ V\i|ilits R Nlisc/Uxocoo/ Fccs and [hx/gesUpdate Several paling related charges have been awhMed and irnplanented by orwilinmcc assesscd with ille issuance ofo paling, ticket. While tile paling tickets tire defined its violations or penalties and their to barges definvil ,., a tune Or bail. tile fi)llowing tee adopted by ordinance 2967 should also be included ill Tile rni,,cJ|o/xx,os ices and charges he,U,t :sm/ active xorchxrSuW( |vUc paling ticket xio|n'io^/\mil schedule. Parking Ticket rJ Svhxrpx (6i?`ridc) $400 lMisxorrhamxm"sn/nxodcJhy ordinance 2Y67in2OO8, /cp|oting |hcyvcviov, fee o[S2806,/ pmkio� ticket surthxr�xsin tile dnw/o`"wonrxa only and -;iucc 2008. tile S4.o0sv/thurgrfee has applied |, "U parking tickets throughout du CAI o[.\/Nm;J. This t,Cc would be placed undct Paling lies on lmgc 9 orwe Nise lies So Mules doculucru � AdMMORIES SOMMM&EIMtOC mal'e, Tel:w/2,auo NEW u*/:x rmtmxyuAM � mu�0� m*my���wm�m T ���� CITY OF ASHLAND Memo |)/\llF: 1onc7. 410\l T0� iccTunoherg. Qi'eci"/ o[/\droiniyn/lircSv/ri/,o R{{)N-1 Bill Mo}o:o, Wpcx\"ro[C".nomnit? 0c,x|arnlem KE� MisccUuncvvs Fees uo6Ch"/---,,^ Update ll.o Community D'v/|oprooni Department is 'r4uCmio& the (hUo`vin� uydo/`S It' III o -�Iiscc|!u��uu� Fees miJChxrSes do/000*n\: |) Up'\oio|11cP|000iu,,IFcxs ill x/c"pJunccnj|h the }1x,chIVlI (.Pi 2 i Add Deposit fell' |odcpcoJco| Kc,icv/o[\firr|osS FocUh`iex Application under T,p� | and Type Ureviews. h� ,/ro'xz6/v ." x'it6 /&eov/rn0xc///s /oJoHir//x, Do,e/o/vvxxS1o/xdxds ^,hkh /ho ("/xn'i/ v/Yvvv'J .fix reo(iiiig on Jio/o i 201 l this /1", o'/0 6, x/ai /)/ the Ciu' x) hir (x/ hxkor/u/v/x ,v,//uc/v/ /'/ /r,/e^' ylx/nh(Yo/; i/////i"n/ /',r ./cx' Hi///,x/ (.000x/o�xu//o// /�xc� /m/ /6u/ w/0v/x6+ Co0vu/u,/on 'm ".vi/ ipw6x ilio� The ouuivvx/ /"^11 co//o/ho/x6cs /o hxc/xo-g^d/othe applicalli /WI/ he S/0,000, xm/rim. /oxx"/ yoniv/ / f fi'ro'J/ h/ rr6/vued /, /hxuon/licvn/. �) /\JJ [om,n�rciu| Site Kevicvv permit u/`Jxrl\/px || K�ri�«/s 711c / mJpx 6vo Siickuicn' Mal myuilesupublic helri; wl(/ /ec/x/vv btfiwe / .fioY . og [o/xx/iSs/o// /i(% 7' 8 /�vcr'hor) xo/ om'Het/ i/w/ /6r6, Schedule, /x /6b opplies ill 6o*/ Ilse o/fyw`,J ,,W/ e/is'lox //o* ho8dvc 'cvas/n/c/� 'o/J/x/ditiovvIII '10,000xy/xoe17'// /urv/.'ofx//6/n /6c Den// Slit! X/vicx' Y/nv. Cooxv,/-ciul. Empio.vmcln, 'ox/ /oJ,//oio/ zoxv;| Ji ///.'/c "Is v'uYvs6v0jilus III (!.V(xxs '4/ /l0Y8/yxu/xfte/ /acv/.x/x'hhix /6rCInoxo/ Moll--onil\X &// ic[ 4) Add /\sblo/iJ |-wd Use CodcunderP/qnordDacmooxs aVoi|uNt {in pu/duu, �\ |nscArxuu(ionJulificu/i^o |uoguu,,c ill ocrord;mcr with 0/\|<'Y|X'O5( -V03V. 6) Espxodkcnowuh|x1--'xergySy,ivn, cliuir,co (o IndvJ, wind ,mJ solar goncuKiouSySItrosIll excess n[25KY/\. COMMUNITY DEVELOPMENT DEPARTMENT na54w^x o306 uwunm^Way Fa.:5*1Aw-60M Ash*o *wmNmo rn: mo-r::,sm — — C I T Y OF 'ASH AND Memo \1o)' 3. 201 2 TO: |zc1�x,chxrg. Interim Assistant City &dn)ioivcxor FROM: V/on;oDi,\I:yv|i, Distribution Syxamskixoogc/ K[: 2()1? MiocoU:ncuo� Fccs and (^hs�co Attached ale, the 8ecvic0eyonmcn|'s proposed xoisccUun«vvsRes and /hmgusk,r |N N012 /bcx| vca/, Two fee hNrsocrodcvc|oo"dh`r your /,,iev/. Ile Uu| uh}uiocoq.n/a/csa IRA xJolioixn/|iv, cost oil the double asterisk iinns. whereas tile second table Jocx not include un! xJnnioioc/li/ocoA\ The administrative coc| iz only applied to labor and vehicles, since /o,!c,ix\ has : s*pacx( |U'."", OxJer h`r ho|h |uh|�s� Payroll, with the ex;opiiaoo[ the uunoi:istrotircA:", was the Jriro/ 6or tire fee incrcoscs. It) tile 20| | Ives IN hargaining unit contanct Air e1cclivical workers had not been thahzed, therefore tile 2011 xvqe increase was not iodvdoJ. The 20|2 Module ivuwn`mmncs the 2U| \ aid d/x2j5, 2U}2p/ogeincrx/wx, x` aC/unIJy ,c|lvc| the. current salaries. /\ |vv/other chnl6Qs ^u the Ice xcheJvk shoo|JbeomeJ and JMva`,d. • ll, o/c^w c/xwe. ' oct.»o/c; /i^vo/ nnor /ixv* i , /2o/,v/hnhadern`oeovd? oo\ iododcdu rrhido, This has beer) corrected /o/ Z0|1. • T Ile m,viu. uJi //fie/6nx// did not inJvdCuhCnv6(ol/xaJCr for ovCninnc A |mdcrw[ 26jS�,.', has been added. • Ile $25 ond S|O0 ///onx/./tix/ .6o/W« are \!pirxOy set by U\Uii� 8iUio& and have not been adjusted. kdhou|Jhr noted dud our er|inm,,J Costs Air these activities are %6Uj4m)J $94xS rmy//hvo|y, These two ch,rysJoioJvJr the udminio/xdvn cum nookip}ixr. ° Tkc /orhzcomo,xkx, ' lilt fee was not nJiomu] since they are kyicaUy set hylki|i|y 8iUin� Hoxv*vcr. the xu/n, Costs xsJcw|.Wed Air the /x*`/xx'i/wo/ c6u,,,/ Would also hu Comparable for this catc�o/y. |o the current miSc6|mIcnoS Ices xoJ charges document oo,|wra|oi|eno for nxo/ r///oe/x/u/u/bdi/iskx/ ^ /v/ Io/ &zs u(Yiuo/io/ /e,/ is included. It is reoxnoo/oJrJ that dhi` hall be rcuinvcJ 6oc, it is Sicop|)' uco,nhiominn of tile xn^e/Xov/od/zxio(en/ialService charge and tile /vudxiroo/o/ dboib/xkv/ iu/u/6xio// charge. bn the current fee /uNeiiisioconxc\|y limed xs SQ7l which are tile 2010 costs. \Yo are cunrud). J,xr&in- tile correct 6gvrc of $602 pku $1143 as noted in {|\c iioe iloo` o[ dht fee ��hu1o|c o,o"cvuwomom rel �` »zym/ 90 xy"~`*/o«^ Fax:541o522436 Amam,Oregon e,1�: Trf: xmn35oyn m"'N'1051 oar 0S ']'lie remaining less on the inhic were increased usinL the May 2012 Bnginuring News Record (;onstruction Cost Indcs iI�NR) ol'92S9.65 in relation to the previous EN or115BAT Also included in the packet for your rcyiow me, the ilcmized costs Gtr each orthe fees. I-he dectil consists or material. vehicle and labor as estimated for each line item. I you have any questions or need additional details. please let me know. Electric Department 1�':54t S519a0% 90H Mlointaln Ave. -a5 4j5 A9blano.urmon 975n 1-Y- 30415 05 2TX �r wwx.ashlanA.a.uS C I T Y 0 F ASHLAND Memo I)AT17- May 9. 2012 TO: Lce 1-unchag FIZOIM: 'darguerilte I lickman7 Division Chicl F: Fire Inspection i-ocs 111c;ise increase the fire inspection lees based on flic CPI mic ol*2.21'/n. Thew lees will he(onic et"fectivc J111%, 1.2012. or.as soon as thev Lire approved and impleillellicd by the council. Please find the calculated and rounded rates on the attached l'orill. ASHLAND FIRE & RESCUE A'�'hUlld.OP.�lil!?7,110 :;-sj�Aiy 1,511)-:82.27-0 f5,11)i39-531F i'Y CITY OF ASHLAND Memo DATE: j u ii c 19, 2012 FRO .'M: 1,ec"I'til)cherg, CIO/ Director RV: Misc. I-ces & Charges New ArN charges vffeclkc Jule 1, 2012: IfFILITY BILLINC 1-011B1" SICNACE S 100 per 111olith Point- of'-purchase tick ellisin" Space 'rellull, INTERN FIT QoS' (Quality ofScrvicc packet priority transit) S 3.50 per month r Static III address* S 5.00 each per month Maximum of'5 suific III addresses New customer cah1k: modem activation $" 10.00olle-lilliccharge Additional materials S 10.00 per item one-lime charge 0 er-and-beyond regular installation (.Outlet plate) including 1111111i outlets sad additional \kirillg. (Wiring) and rcpI;Accm,:nl 01'C4IS10111ef dillllU2Cd (111flCtS, (Coax spliltt:0 wiring, Aild SIfliticrs, Cable Modem S `0.00 one-time charge Refurbishcd (c)l) -d:i\ iciflaccilicill 'wariallh") Mli Max standard installation $ 200.00 one-time diarec CABLE TV ("CATV-) CA TV Standard Installation S 2000 onc-lillic,char-'V JecoJMQCIS & disC01111VCLS 10,00 per visit Non-pay disconnects & reconnects Service chance Install IM0 1-11let .00 c, M111) I S I 15 each • %lilli"IL1111 f0el 01.1CIViC0 101 static IP and QoS is-01010.:-or hither service tier. City Hall City Recorders Office TM W-'�88 5307, 20 F Van All mmashWi0vus C1 T Of ASHLAND Memo JDATE: June _12, 2012 '10: Lee 7-,L311ebui-ci, Adriiini:.St:f�az:.i.ve Ser-vilces DjrecLOI� FROM: Vicki Cjj_ris�ensen, MITMI,C'U cou l-L sunery lsor� RE; Court: Adir"Inist7ra, - ,--ioA Fee's Per 90 r01- ,I- jqoLise Bill 27,12 ExpunCLi011 fees a.le $240 - L con Vi c t i()r ls . Please correct this our Fees . MUNICIPAL COURT `ei.541-487-5214 1175 East Main$I'm: pa, 5,11 485_5186 ,,eland.Oicgon 9W0 TTY: 80-715 2900 wwx asW2,nd w us CITY Of Memo ASHLAND Dattc: IN-lay 8. 20 12 — Fromi 13clsv I larshman To: I,CC Ttineberg Re: Updates to Public Works '`liscellaneous Fccs and Charecs Public Works levy are adjusted annually, based an the 1-larch CPI of ENR calculations. CPI based Ices inchide charges for plat & plan checks: pubhC workslCngincering inspczuons. permits. ctc.: GIS data and mapping services and Cenrutery fees. The I',AR is used fix calculating sanitary sc\eCr and water distributionrc:onncction fees. Baxd on the Current \,car's figures, please adjust public works fees as indicated on (lie ntiached spreadsheet. C:)Documents and Settings=mposal-oclI SmtingstTemporary intei net Fifestcontent.0oaockl5G00002_t12012 Fee increase memo doc '-- ASHLAND PARKS AND RECREATION COMMISSION '140 s0. AS*'^oKnessve97szo m.mu. l�/� l�` l�/0 �'��lU� /� Y�. 0�� �'T(�/N ��'��`� \���� �.� U�����!'� �.� �1 ��.� TO � [cclin\�hn� | i/uo�oUinr\o/ FROM Rachel Di:|s` |<//ru|iooSup,/i"|oidox DATE 5'7-\2 fc d [\ /� k\ dPurksuoJ |('crcmion �N0Ul[�l� � c� ,n 'ur6r� � xn |^ IO06 tile cooloji/6on Set aoou| of, /c,i�v/iu� 6cs and charl-,cs I'm the Ashland ynckoxnd Recreation Department ,odh }t:/ ill IN^w,mher. The unnuo| rCVi,v/ inC|vd,s |ic/ and 6urgc/ osmoix/odv/i|hdx: [uUeGouoivo/v, North K3uunmin Park yJu/oro Centel, AsNuodSonio/ Center. udvkuudyov||/ /ec/vn/i 'nprnurxuu. ind"o, and outdoor reserved 6;i|i1i,/, tire Oak Knoll Golf Cou/n . tile Dxnic\ M,!cr |'ooi Mid tile Ashland k"la/vCen\onniv| |eeKio& Stilff 11CCOMmendations 1-chiteil to Fees and Charges Wscussion- November 2011 � Ice Rink o |nc,cua, the Youth &dmissiouF,eu/ the Ice Kink ". S]}O8,, tire ]U|2'2()|1xoaxnu, (2(}| }'2U}2 |1cesu|n:xU/ poh|iJuJj /\pyr*r*Jh.N the Parks Commission on \ |/Z8/11 ]it 0e[xmnkcro<-28| \ tile cnnvxi."i^o discussed concerns related w /\K3C )(.6x. 0UPeoiky for Violation ,r|^l\oSn` selling ioU`r park ond asked stall-lo bri^l, hack ill AP'U o[�0\Z �v6��ucJo`no'd*ro`� m \h� yo|iCygi/in� uxKthe :oU/v/b� \ooppn/vvn//xpivo/� V/ith J�� � | |� l�h n ,ppnnedhyth, «ummisaivnon �h�Jmn�� ix |h"' yo|i�y /vn�� »om� �/ m^oo ��� c� xz April Z3. I0}l o Special Event I-',,rN,v/ yi,x Street C|osoroFcel�orev/n,oniU> morc1huo200pcoy|c) S75 Park Booth Fee �Z5 per hoodb (mxxino till' uI' |0boo1hs) Home W Famous Li,NaPu/k CITY OF ASHLAND Council Communication June 19, 2012, Business Meeting A Resolution Adopting an Opt Out Policy for the Automated Meter Reading Program and Repealing Resolution No. 2012-14 FROM: Dave Kanner, city administrator, dave.kanner @ashland.or.us, at the request of Councilors Chapman and Morris SUMMARY The City wishes to have a policy regarding the installation or removal of electric "smart meters" that are read by using radio frequencies (RF). At its meeting of May 15, 2012, the City Council adopted Resolution No. 2012-14, which adopts a no-fee opt-out policy under which citizens who prefer to not have smart meters can request that their smart meters be replaced with non-RF meters or that smart meters not be installed at their property if they currently have a non-RF meter. Following that meeting, Councilor Morris and Councilor Chapman separately requested that the Council revisit the "no-fee" decision and Councilor Chapman requested that the resolution originally presented to the Council on May 15 be placed on the next available agenda. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland in the late 1990s began a concerted program of replacing analog electric meters that must be read manually with digital "smart meters" that convey electricity usage data via a radio signal to a hand-held receiver. These smart meters save time and money by reducing the amount of labor required to read the meter. To date, about 45% of the electric meters in the city have been replaced with smart meters. The remaining meters are scheduled to be replaced by 2017. Concerns have recently been raised by some citizens that the radio frequencies generated by smart meters may have deleterious health effects, and the Electric Department received about a dozen requests for the smart meters to be replaced with non-transmitting meters. In response to this, the department developed and brought to the City Council a resolution to create a policy that would allow residents who don't want smart meters at their homes to "opt out" of the automated meter-reading (AMR) program. Staff further recommended that a fee be attached to opt-out, to cover the cost of removing the smart meter and installing an analog meter, as well as a monthly fee for the increased cost of reading the meter. When this resolution was considered by the City Council on May 15, Council decided there would be no fee for those who choose to opt out of AMR and adopted a different resolution than the one originally presented. Within a week of that decision, the number of opt-out requests grew to about 150, although the Electric Department has determined that roughly half of those requests came from people who currently do not have smart meters. In the meantime, Councilors Morris and Chapman separately requested that the Council revisit the "no-fee"decision. Councilor Chapman requested that the original resolution prepared by staff for the May 15 agenda be brought back to the Council. Pagel of 2 ��, CITY OF ASHLAND AMC 2.04.030(B) allows an individual councilor to request that an item be placed on a Council agenda. FISCAL IMPLICATIONS: Recommended fees and charges are intended to cover actual costs. If current opt-out requests are honored with no charges assessed, the cost to the Electric Utility would be in the neighborhood of $12,000 to $15,000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council adopt the following opt-out proposal: 1. Any residence currently outfitted with a smart meter can request opt out. If the request is received in the utility billing office by July 31, 2012, there will be no charge. For any request received August 1 or later, the charge will be $60. (This is roughly the fully loaded cost of one half-hour of connect-disconnect tech, the cost of a new non-RF meter and a credit for the RE meter, which can be used elsewhere.) 2. As each route is scheduled for change-out to AMR, all residents on the route will be notified and given a deadline for requesting that a smart meter not be installed. Any resident requesting opt-out by the deadline will not be charged a fee for retaining the old meter. For any change made on that route after the deadline, there will be a charge of$60. 3. Once all routes have been changed out to AMR, residents who do not have a smart meter will be charged a$5 per month meter-reading fee. This is the actual estimated incremental cost of reading a non-RF meter, assuming that, on average, it will take an additional seven-and-a-hal f minutes of a meter reader's time. This charge is the meter reader's time only and is not the fully loaded cost. (COUNCIL DECISION: This charge can begin after a complete route is changed out or after the entire city is changed out, presumably in 2017.) 4. There will be no charge for changing out a non-RF meter for an RF meter. 5. These fees can and should be updated annually, subject to Council approval. 6. SUGGESTED MOTION: I move approval of a resolution adopting an opt out policy for the automated meter reading program and repealing resolution number 2012-14. 1 further move to direct staff to establish a fee schedule for the opt out-policy that applies only to those who choose to opt out after they have received notice that a smart meter is to be installed at their property and such meter has been installed, and that a monthly fee for reading analog meters be established. 'ATTACHMENTS: Resolution Opt-out policy Page 2 of 2 RESOLUTION NO. 2012- A RESOLUTION ADOPTING AN OPT OUT POLICY FOR THE ELECTRIC UTILITY AUTOMATED METER READING PROGRAM AND REPEALING RESOLUTION NO. 2012-14 Recitals: A. The City currently has a program to read electric utility meters automatically utilizing radio frequency technology. B. The City recognizes that some individuals believe there is a health concern related to exposure to radio frequency technology and would appreciate an alternative method of gathering readings at their place of residence. C. The City desires to establish a policy in which a customer may choose to reduce possible exposure to radio frequency transmissions by electing to not have such technology used to collect electric utility readings from their place of residence. D. The City desires to collect from the customer electing to "opt out' of the radio frequency meter reading program the actual or estimated costs caused by the election. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City hereby establishes an "opt out' policy for electric meter reading per the attached administrative procedure. SECTION 2. The fees and charges for a service that could be read by radio frequency but must be read by conventional methods due to the election will be included within the Miscellaneous Fees and Charges Document, and updated from time to time as is necessary. SECTION 3. Resolution No. 2012-14, adopted by the Ashland City Council on May 15, 2012, is hereby repealed. SECTION 4. This resolution was duly PASSED and ADOPTED this day of 2012, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of May, 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney CITY OF -ASH LAN D ADMINISTRATIVE POLICY LAST MODIFICATION:May 1,2012 2012-05.01 ORIGINATING DEPARTMENT: Electric SUBJECT: Automated Electric Meter Reading Opt Out Policy PURPOSE: This sets forth the City's policy as it relates to customers requesting to not have radio frequency technology used to read the electric meter at their residence. STATEMENT OF POLICY: This policy applies to residential customers who own the property in question or have written authorization from the owner to be responsible for all utility costs and can make such decisions about service levels. POLICY: The City of Ashland will read electric meters in timely efficient manner using the method and technology that it deems appropriate. The current technology employed is to use a digital meter fitted with a radio frequency(RF)transmitter. However, the City will install, or leave installed, an electric meter that can be read without utilizing radio frequency technology at a customer's residence after receiving a written request from the customer agreeing to bear all costs as determined by the City. If not, the City retains final decision making authority for changes in electric meter reading methods and technology. AMR Conversion: The City will continue to install electric meters capable'of being read by radio frequency technology as business operations allow. Prior to converting routes the City will alert customers of the potential change by including a notice on the face of, or inserted within, a prior utility bill, allowing them time to request a non-RF electric meter in advance of the change. Written Request: The customer(owner of the property or tenant with written authorization to be responsible for all utility costs) will sign the appropriate City document to request a change in electric meter reading methodology for the appropriate location agreeing to promptly pay all associated fees as determined by the City. For this purpose, a copy of the lease, signed by all parties, specifying the tenant's responsibility br all utility costs and/or a letter signed by the owner/landlord expressing the same is needed. Fees & Charges: The City will establish fees for installation, change out and monthly services as deemed appropriate by staff and approved by Council. 1. The fees charged may include estimates for future services such as reinstalling a radio frequency(RF)technology device after the owner or owner's representative is no longer residing at that address. ADMINISTRATION Tel W488-6002 , 20 E Main Street Fax:541488-5311 -5311 Ashland,Oregon 97520 TTY: 800-735-2900 wwn.ashland.or.us 2. Fees and charges will be incorporated in the City's Miscellaneous Fees& Charges resolution and may be adjusted from time to time without requiring advance notice. 3. The customer will pay all fees and charges promptly upon notification of the amount owing. Service(s): A. Any metered service in electric service route that potentially could be read by radio frequency technology(more than 50% of the meters could be read through RF)will be subject to meter reading with RF technology unless a customer requests to Opt Out. B. Upon receiving a written request on an approved form with appropriate supporting documentation, as needed, staff will make note of the request to Opt Out on the account. C. Electric Utility staff will schedule a service call to the property to assess and/ perform adjustments to the equipment at that location in keeping with this policy and the request. The account will be charged accordingly. If it can be verified that no changes are needed without a service call to the property there will be a reduced charge to represent the future cost to change the electric meter. D. City will read the electric meter without using radio frequency technology until such time as is requested by the owner/tenant who requested to Opt Out. E. The approved request will be maintained on the customer's account and tracked as needed, resulting in a monthly charge as approved by Council deemed to cover costs for reading and account management. F. City will return the service to radio frequency reading or capability at its discretion after the property or tenancy has changed to another party unless the new party also follows the approved process to request to Opt Out before the City has installed a RF meter. At no time is the owner/tenant/customer authorized to remove, adjust or tamper with City equipment. If access to read the electric meter is prevented by customer action or inaction the City can deny the Opt Out request and install a RF meter to assure timely and accurate readings. Customer will be responsible for any costs relating to the change. Approved: Date: David Kanner, City Administrator Legal Review: Date: David Lohman, City Attorney ADMINISTRATION Tel:541-488-6002 20 E Main Street Fax:541-488-5311 ,= Ashland,Oregon 97520 TTY: 800-735-2900 w .ashland.or,us CITY OF ASHLAND Council Communication June 19, 2012 Regular Council Meeting Discussion of elimination of Rogue Valley Transit District (RVTD) Fare Reduction Program and Increase in Funding for Bus Pass Program FROM: Michael R. Faught, Public Works Director, Public Works, faughtm @ashland.or.us SUMMARY The Council will be considering eliminating the RVTD faze reduction progr effective June 30, 2012 and providing an increase in funding for the bus pass program. The existing bus a re uctlon program added a 15 minute service by reinstating route 15; reduced service fazes from $2 to $1; and reduced Valley Lift fares from $4 to $2. Since July 1, 2009 to date, this program has cost the City $610,550 and has not produced the desired effect of increased ridership. In contrast, RVTD's new expanded hours and Saturday service as recommended and supported by the City Council, has resulted in a 22.5% increase in ridership within Ashland at no additional cost to the City. Eliminating the fare reduction program will impact those Ashland residents that depend on transit for transportation so Council will consider a $23,000 increase to the free bus pass program to reduce this impact. BACKGROUND AND POLICY IMPLICATIONS: The goal of a transit faze reduction program is to buy down the cost of a transit ride, encourage bus ridership, and reduce car traffic within the city limits. A successful program that increases ridership benefits both the transit rider by providing cheaper fares and all Ashland citizens by reducing the need to build additional expensive transportation facilities (wider arterial and collector roads, etc.). Since its inception, the fare reduction program has not been effective in attracting new riders to the transit system. Transit Subsidy History RVTD's routes in Ashland have varied through the years, but in 2009 they provided a 30-minute fixed route service for $2 per ride and Valley Lift Services for $4 per ride. On August 4, 2009,the City and RVTD signed a reduced faze agreement reinstating route 15 that provided a 15-minute service, along with a faze reduction program that reduces the faze from $2 per ride to $1 per ride for residents of Ashland. In addition, the Valley Lift faze was reduced from $4 per ride to $2 per ride. The 2009 Agreement also included an annual funding cap of$251,797 per year. Along with the faze reduction program, Council implemented a$10,000 bus pass program. This program was intended to reduce the impact of the 2009 fare increase from .50 cents to $1. The Page 1 of 4 CITY OF ASHLAND program provides free transit and Valley Lift passes to Ashland residents that have an Oregon Trail Card. The distribution of the bus pass program is as follows: High School fixed-route passes $ 2,000 Senior fixed-route passes 2,000 Senior Valley Lift passes 3,000 Fixed Base passes 2,000 Valley Lift passes 1,000 The actual annual cost for both the fare reduction and bus pass program is as follows: 2010 $239,341 2011 $257,446 2012 $113,763 (first three quarters only and does not include Route 15 after September 2011) Total $610,550 In September 2011, the 2009 agreement between the City of Ashland and RVTD was amended to eliminate Route 15 because ridership had not increased as predicted and RVTD was able to provide 20 minute service for Route 10 at no cost to the City. This reduced the City's cost by $149,000 annually. On October 3, 2011, the City Council held a joint study session with the RVTD Board where they supported subsidizing low-income riders along with RVTD's plan to submit a Congestion Mitigation Air Quality (CMAQ) grant application for extended hours and Saturday service. In the study session the Council did express concerns about entering into a new two-year contract to buy down bus fares with no supporting data of increased ridership. At the November 15, 2011, City Council meeting, Council decided not to extend RVTD's reduced fare agreement for an additional three (3) years because the program was not meeting the goal of increased ridership and they directed staff to explore other alternatives. The Council did extend both the existing reduced fare agreement and the low-income transit pass program to June 30, 2012 in order to provide additional time to look at other transit alternatives. In April 2012, RVTD was able to offer extended weekday service hours and Saturday service because they received a CMAQ grant that the Ashland City Council supported. While the program has only been in place for a couple of months, ridership in RVTD's district has increased by 16% and within Ashland; ridership has increased by 22.5%. Page 2 of 4 �r, CITY OF ASHLAND The following chart provides ridership data for each of the fare reduction programs that have been implemented since 1997. Ashland Ridership 1997—2011 160,000 140,000 ' 120,000 400,000 080,000 -060,000 40,000 ►�� 20,000 ►°^ 0 °'�'0 ho�9P ODO ��^ DOti �4^1 Oph Ooh Odo O�1 Or30 O& ^O ^N m m ON 2ry 0� 0� Dry 0� ery eT 0ry try Dry Dry "So 1JC Sao 3�� 3�� 3�� 13o VJO �P 3�� �P o ��� ��� �o° ��� -Sao Sao Sao Sao Sao Sao Sao sac sac Sao Sao Sao Sao lac Sao Months and Year Total Ashland trips Rt 5 & Rt 10 -$0.25 ® Total Ashland trips Rt 5 & Rt 10- Free Ashland Ridership on Rt 10,No Rt 5 Total Ashland trips Rt 10-$0.50 Total Ashland trips Rt 15 & Rt 10 - $1.00 Issue The issue, after multiple attempts to increase ridership through fare a reduction program, is whether or not it makes sense for Ashland to continue spending limited street user fees on a transit fare reduction program that does not generate increased ridership. In addition, RVTD has added a 20-minute service, extended hours and added a Saturday service. These additions have increased ridership at no additional cost to the City. Council considered eliminating the fare reduction program in December 2011 because the program did not result in increased ridership, but finally decided to extend the program through June 30, 2012 in hopes that staff could come up with an alternative program that would work. To that end, short of free ridership, staff was not able to develop other viable fare reducing options that will actually result in Ashland residents choosing to ride the bus. Therefore, staff is recommending that the Council eliminate the reduced fare program effective June 30, 2012. A decision to eliminate the fare reduction program does have an impact on Ashland's residents that will have a difficult time paying the full RVTD costs, $2 for fixed-route and $4 for Valley Lift. Staff believes that the elimination of the fare reduction program will impact Ashland's low-income population and Valley Lift riders the most. As such, it is important to add additional funding to the bus program to help existing riders who depend on the transit system for transportation. To that end, staff is recommending that the bus pass program funding be increased from the current $10,000 to $33,000 annually with the funds distributed as follows: Page 3 of 4 CITY OF -ASHLAND • High School fixed-route passes $ 2,000 • Senior fixed-route passes 5,000 • Senior Valley Lift passes 8,000 • Fixed Base passes 10,000 • Valley Lift passes 8,000 The majority of the increased funding has been allocated to fixed-base (up $8,000) and Valley Lift (up $12,000)passengers. The total Valley Lift portion increases to $16,000, which is equivalent to the amount of money the City has been paying RVTD annually for the $2 reduced Valley Lift fare reduction program. Increasing funds for the bus pass program will also result in more direct customer interaction with staff. Parks and Recreation has previously indicated that staffing at the Senior Center was limited and it would be difficult to handle additional customer loads. So while the Senior Center staff has been doing a great job administering the $10,000 bus pass program, the Department of Human Services, Ashland Office, has agreed to distribute bus passes for low-income residents ages 18-61 though their Temporary Assistance for Needy Families (TANF) program effective July 1, 2012. The Parks and Recreation Department will continue to distribute passes for those customers under the age of 18 and over 62. The Council does have the option of continuing the existing reduced fare program with RVTD as RVTD has indicated a willingness to extend the program for one (1) additional year. If the Council decides to continue the existing agreement with RVTD the estimated $80,000 per year program (minus route 15) would have to be increased by 20% to accommodate the increased ridership generated by the expanded weekday and Saturday service, the cost of that program would be $96,000 per year. FISCAL IMPLICATIONS: The recently approved 2012-13 fiscal street fund budget includes $200,000 for a transit subsidy program. As such, there are sufficient funds available to increase funding for the bus pass program from $10,000 to $33,000 for the FY 2012-13 budget year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council discontinue the current Transit Fare Subsidy program effective June 30, 2012 and to increase the bus pass program from $10,000 to $33,000. SUGGESTED MOTION: Move to discontinue the current Transit Fare Subsidy program with RVTD effective June 30, 2012 and to increase the bus pass program from $10,000 to $33,000 to be allocated as described above. ATTACHMENTS: 2009-2011 RVTD Agreement Page 4 of 4 f f INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE ROGUE VALLEY TRANSPORTATION DISTRICT FOR REDUCED FARE PROGRAM 2009-2011 This Agreement is made and entered into this J-1 day of 2009 by and between ROGUE VALLEY TRANSPORTATION DISTRICT, ffn Oregon special district, hereinafter referred to as "RVTD," and THE CITY OF ASHLAND, an.Oregon municipal corporation, hereinafter referred to as"Ashland." RECITALS A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. The Rogue Valley Transportation District is an Oregon Special District providing transit services in Southern Oregon; and C. The City of Ashland desires to support RVTD's provision of transit services by, inter alga, subsidizing the cost of fixed route fares through a Reduce Fare Program; and D. The Reduced Fare Program furthers the public interest by making efficient use of Ashland's transportation infrastructure, reducing greenhouse gases and promoting energy efficiency; NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. [ORS 190.020(1)(e)]. The term of this Agreement shall commence and the agreement shall be effective on September 8, 2009 and after execution by both parties. The Agreement shall expire June 30, 2010 at 11:59 p.m., unless administratively extended in writing as provided for herein. The Ashland City Administrator may extend this Agreement twice, by twelve(12)months each extension, by indicating in writing to RVTD that an extension of the Agreement is sought under the same terms and conditions, of this Agreement. Provided however, that the rate of compensation set forth in paragraph 4 below is subject to a mutually agreed upon adjustment. The extension shall be effective only upon receipt of a document from an authorized RVTD representative consenting to the extension under the same terms and conditions 3. RVTD FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. a. PROGRAM. RVTD shall provide transportation services consistent with its mission, including but not limited to the Reduced Fare Program (hereinafter Intergovernmental Agreement For Reduced Fare Program Page I of 7 "Program") as well as other services paid for by the City; the Program includes but is not limited to the following: i. the addition of Route 15, providing 15-nunute fixed-route service between the downtown, Ashland St, Tolman Creek Rd and Highway 66/Siskiyou Boulevard; and ii. concomitant Valley Lift service; and iii. reduced fares for Route 10 and Route 15 rides and for concomitant Valley Lift rides. iv. Route 10 service is Ashland's base service provided by RVTD, and its operation (with the exception of fire reduction outlined in this Agreement) is not affected by the Program or this Agreement. v. The City-funded passenger fare subsidy for the fixed route system (Routes 10 and 15)will be 51.00 per ride and the Valley Lift fare subsidy will be $2.00 per ride for passengers picked up and delivered within the City of Ashland. vi. RVTD will provide the City with quarterly ridership accountings showing total Route 10 ridership on Route 10 within the City of Ashland,ridership on Route 15 and Valley Lill ridership within the City of Ashland. vii. In the event that the$251,797 annual allotment from the City will belbecomes exhausted prior to the end of the fiscal year, the Program for that fiscal year will end and fixed route and Valley Lift paratransit fares will revert to standard RVTD fares for the balance of the fiscal year. b. LIVING WAGE. RVTD shall comply with Chapter 3.12 of the Ashland Municipal code by paying a living wage, as defined in City Code to all employees performing work under this Agreement and to any subcontractor who performs 50% or more of the service work under this_Agreement. RVTD is also required to post the code required living wage notice predominantly in areas where all employees will see it. c. ACCESS TO RECORDS: The City and its duly authorized representatives shall have access to the records of RVTD and any subcontractors which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. d. PUBLICITY. i. Any publicity or advertising regarding the Program shall First be reviewed by RVTD and the City for accuracy and must be approved by both parties. ii. RVTD shall establish a marketing plan for a Loop system or any fare changes with through local resources. RVTD will do the following: 1. Replace the removed placards in the shelters; and Intergovennnenlal Agreement For Reduced Fare Program Page 2 of 7 2. Update the information on all placards with new route/schedule information; and 3. Provide free bus advertising space on one vehicle; and 4. Continue to promote Ashland's system at local events; and 5. RVTD will post a map and schedule at each designated bus shelter in Ashland detailing the Route 10 and Route 15 bus stops and schedule; and ProW0'U*, 6. RVTD will provide information concerning and mete the Ashland Reduced Fare Program and service, at events, at map/schedule distribution points, and at www.rvtd.org. iii. In partnership with the City of Ashland , RVTD will do the following: 1. Create a tri-fold specific to the Ashland system and distribute to local businesses; and 2. Distribute promotional-information through utility bill staffers; and 3. Coordinate a public relations event to launch the new service; and 4. Approach SOU Administration to request ongoing support of a fare buy-down; and 5. Approach the Chamber of Commerce and local employers to encourage employees to use transit, especially in downtown; and 6. Create a bus ad to utilize free ad space offer from RVTD. e. COMPLIANCE WITH APPLICABLE LAWS. RVTD, its subcontractors, and all employers working under this Agreement must comply with Oregon State Laws related to the work performed including but not limited to laws concerning workers compensation,employment, payroll taxes and required insurances for general liability for loss of property, injury to persons and property. City may require RVTD to demonstrate compliance with applicable insurance requirements, including but not limited to proof of coverages. 4. CITY FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)1. The City of Ashland shall fund the Reduced Fare Program as provided herein and subject to Section 9. Specifically the City shall offset the cost of the fixed-route fares within the City and support more frequent service as outlined under PAYMENT in paragraph 5 below, 5. PAYMENT. [ORS 190.020(1)(a)]. Subject to Section 9, below, City shall promptly pay all bills for services provided by RVTD pursuant to this Agreement, including but not limited to the following: a. RVTD shall bill the City quarterly$1.00 for each Route 10 passenger picked up and delivered in the City of Ashland during the term of this Agreement. b. RVTD will bill the City-$16,028.25 per month minus the Route 15 farebox revenue for that month. Intergovernmental Agreement For Reduced Fare Program Page 3 of 7 c. RVTD will bill'the City quarterly$2.00 for each Valley Lift ride within the City during the term of this Agreement. In addition, City will pay RVTD a fixed amount per Valley Lift ride to cover operating costs for providing Valley Lift rides in Ashland to the extent they exceed 9,800 rides in the period from July 1, 2009 through June 30, 2010 and to the extent Valley Lift rides in Ashland exceed 9,800 rides per year in each this Agreement is extended. The amount City will pay to cover operating costs for Valley Lift rides in excess of the 9,800 annual Valley Lift rides in the City shall be$18.31 per ride. d. With the exception of Route 15 which shall be billed monthly as noted above, RVTD will bill the City as provided in this section. Specifically, RVTD will send the City invoices on the following schedule: i. October 15, 2009 (services provided 9/8/2009 to 9/30/2009) ii. January 15, 2009 (services provided 10/1/2009 to 12/30/2009) iii. Apri115, 2010(services provided l/1/2010-to 3/28/2010) iv. July 15, 2010 (services provided-4/1/2010 to 6/30/2010) e. Payment is due to RVTD within 30 calendar days of receipt of each invoice. 6. REVENUE. [ORS 190.020(1)(b)]. Except where specifically provided herein to the contrary, no revenues expected to be derived pursuant to this Agreement need to be apportioned between the parties. 7. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be transferred pursuant to this Agreement. RVTD and the City of Ashland are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective entities. 8. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 9. TERMINATION. [990.020(1)(1)]. a. TERMINATION by Mutual Consent: This Agreement may be terminated at any time by mutual consent of both parties. b. TERMINATION for Convenience: This Agreement may be terminated by either party for that party's convenience upon thirty days prior written notice to the other party, delivered by certified mail or in person. RVTD shall be compensated for all services performed under this Agreement up to the effective termination date. c. TERMINATION for Default or Breach: Either RVTD or City may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not Intergovernmental Agreement For Reduced Fare Program Page 4 of 7 entirely cured the breach within thirty(30) days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafler by a written notice of termination by the party giving notice. Notwithstanding the cure provisions above,either party may immediately terminate this Agreement for cause upon delivery of written notice to the other party under any of the following conditions: i. If Federal or state'laws, rules or regulation are modified, changed or interpreted in such a manner that the services are no longer allowable or appropriate under this Agreement; ii. If any license or certification required by law or regulation required for the provision of the services under this Agreement is for any reason denied, revoked, suspended, or not renewed. d. OBLIGATION/LIABILITY OF PARTIES: Termination or modification of this contract pursuant to subsections A, B, and C, above, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. The rights and remedies of the parties provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. NON-APPROPRIATION: Notwithstanding the termination provisions above, tennination may occur for non-appropriation. Specifically, all City obligations to expend money under this Intergovernmental Agreement are contingent upon future appropriation as part of the City budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of the Agreement, and shall not be considered a breach. f FORCE MAJEURE.Neither party shall be responsible for delay or default caused by fire, flood, riot, acts of God, and/or war which are beyond the party's reasonable control.RVTD may terminate this Agreement by written notice after determining such delay or default will reasonably prevent successful performance of this Agreement. 10. HOLD HARMLESS. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, RVTD shall hold harmless, defend and indemnify the City of Ashland from any and all claims, demands, damages or injuries, liability ofdamage that anyone may have or assert by reason of the any error, act or omission of RVTD, its officers, employees and agents, in the performance of their duties under the terms of this Agreement. It is further agrees and understood that neither party is, by virtue of this Agreement, a partner or joint venturing with the other party and neither party shall have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of dais indemnification. 11. METHOD AND PLACE OF GIVING NOTICE,, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Intergovernmental Agreement For Reduced Fare Program Page 5 of 7 City of Ashland Attn: Martha Bennett City Administrator 20 East Main Street Ashland, Oregon 97520 Phone: 541-488-2100 Fax: 541-552-2092 RVTD Atm: :Accounts Receivable 3200 Crater Lake Avenue Medford, OR 97504-9075' Phone: (541) 608-2431 and when so addressed, shall be deemed given upon deposit-in-the United States Mail, postage prepaid. in all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices,bills, and payments are to be given by providing notice pursuant to this paragraph. 12. NON-DISCRIMINATION. Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this agreement when employed by either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), ORS 659.425, and.all regulations and administrative rules established pursuant to those laws. 13. ATTORNEY FEES. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terns of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 14. NO WAIVER. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement. 15. SEVERABILITY. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 16. HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. Intergovernmental Agreement For Reduced Fare Program Page 6 of 7 e 17. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 18. ASSIGNMENT/DELEGATION. RVTD shall not delegate the responsibility for providing services hereunder to any other individual or agency. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 19. NO THIRD PARTY BENEFICIARY. Neither the Federal Government, nor any other entity other than the parties named herein are parties to this Agreement and shall have no obligation to any third party. 20. AMENDMENT. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of RVTD and the City. To be effective, any amendments to this Agreement must be in writing and must be signed by authorized representatives of both parties. 21. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terns and as a complete and exclusive statement of the terms of the Agreement. 22. BINDING EFFECT. Th6 terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2)duplicate originals,either as individuals, or.by their officers, thereunto duly authorized. Dated this 4th day of August ' 2009. ROGUE VALLEY TRANSPORTATION DISTICT CITY OF ASHLAND By ULl�2 i By Julie Brown John Worriberg General Manager Mayor Reviewed as to form: Reviewed as to form: By By David Lohman Richard AppicelIn Legal Counsel for RVTD City Attopney q Date: Date: D I Intergovernmental Agreement For Reduced Fare Program Page 7 of 7 CITY OF ASHLAND Council Communication June 19, 2012, Business Meeting Discussion of whether to refer to the November ballot an advisory resolution expressing the City of Ashland's support for a Constitutional amendment to eliminate "personhood" for corporations and unions for purposes of campaign expenditure limitations and to stop treating money as speech for political purposes FROM: Dave Kanner, city administrator, dave.kanner @ashland.or.us SUMMARY At the Council's June 5, 2012 meeting, a group of citizens asked the Council to either adopt a resolution supporting a Constitutional amendment to eliminate corporate personhood or to refer to the November ballot an advisory measure in support of such a resolution. Subsequent to this citizen request, the Council voted to place a discussion of this item on the June 19, 2012, business meeting agenda. It is the opinion of the City Attorney and the City's election officer (City Recorder) that the Council cannot refer an advisory measure nor can citizens place on the ballot via initiative petition an advisory measure without first enacting an appropriate enabling ordinance or charter provision. The City Attorney further advises that even after passage of such an enabling provision, an advisory ballot measure concerning matters over which the City has no authority to enact legislation could well be held to be invalid if challenged in court. BACKGROUND AND POLICY IMPLICATIONS: In the 2010 U.S. Supreme Court "Citizens United" decision, a 5-4 majority ruled that corporations have the right to make unlimited indirect political contributions because corporations have the same constitutional rights as individual people and because money spent on political expression constitutes constitutionally protected free speech. Since then, there have been six proposed Constitutional amendments introduced in Congress that would overturn or in some way modify the Citizens United decision, as well as a proposed amendment that has been put forward by an organization known as "Move to Amend," which is pursuing the route of a citizen initiative. The Move to Amend proposal reads as follows: Section 1 [A corporation is not a person and can be regulated] The rights protected by the Constitution of the United States are the rights of natural persons only. Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law. The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable. Page 1 of 2 I&S CITY OF ASHLAND Section 2 [Money is not speech and can be regulated] Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for public office or any ballot measure. Federal, State and local government shall require that any permissible contributions and expenditures be publicly disclosed. The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment. Section 3 Nothing contained in this amendment shall be construed to abridge the freedom of the press. At its meeting of February 21, 2012, the City Council defeated a motion to direct staff to prepare a resolution in support of this proposed amendment and instead directed staff to prepare a resolution in support of a different proposed amendment(Senate Joint Resolution 29), co-sponsored by Sen. Jeff Merkley, that affirms the power of Congress to regulate campaign contributions. The Council adopted that resolution at its March 6, 2012, meeting. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: Materials submitted by John Tyler in support of the citizen request presented at the June 5, 2012, Council meeting. Page 2 of 2 �r, Resolution for City Council to put Move to Amend on the November, 2012 Ballot letting citizens decide about campaign finance reform. FROM: Citizens of Ashland, Spokesperson, John Tyler SUMMARY The 2010 decision of the United States Supreme Court in the Citizens United case has serious consequences for the future of our electoral process. In the Citizens United decision, the Court made two determinations which directly affect local, state& national elections: first, that money is equivalent to speech and as such is protected under the First Amendment and cannot be restricted; and, second, that corporations have the same rights as natural persons under the Constitution of the United States. The effect of the Citizens United decision is to remove all limits on political contributions, and to allow unlimited amounts of money to influence our elected officials. Super PACs (Political Action Committees) have already injected hundreds of millions of dollars into various state and local elections. Over the past two years political lobbyists have been able to virtually dictate the legislation that is introduced in Congress, and money has been used to dilute the regulation of abuses in the financial and insurance industries. The voice of the people is slowly but surely being drowned out by the avalanche of money being thrown at the Congress and state legislatures. People all over the country are angry at this outrageous perversion of the concept of free speech. They have formed Move to Amend groups in every state and most large cities to begin the process of taking back control of our government. Because the Supreme Court is the court of last resort, and the Congress is unlikely to take the initiative in changing this system which so clearly benefits their efforts to be reelected, the only way to reverse this erosion of democracy is through a Constitutional Amendment. The Move to Amend movement is dedicated to bringing this issue to the attention of the citizenry by doing what is necessary to have this question put before the voters in every state. Once the question has been placed on the ballot, we will present educational forums at which citizens will have the opportunity to learn about what is happening to our political process. We will reach out to all sides of the political spectrum—this is not a Republican or Democratic issue, it is an issue which affects every voter, and we believe every voter should have an opportunity to express his or her opinion at the ballot box. Because Oregon statutes do not permit us to petition directly to have this placed on the ballot in November(see the attached opinion from Common Cause which clearly indicates this to be the case), we are requesting the Council to authorize the inclusion of this question on the ballot so the voters may express their opinion. We are not requesting the Ashland City Council to take any position on the merits of this matter. That is up to the voters. The voters should be and will be the ones who will determine whether this measure passes or not. Move to Amend Proposed Amendment Section 1 [Corporations are not people and can be regulated] The rights protected by the Constitution of the United States are the rights of natural persons only. Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and-are subject to regulation by the People, through Federal, State, or local law. The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable. Section 2 [Money is not speech and can be regulated] Federal, State and local government shall regulate,limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for public office or any ballot measure. Federal, State and local government shall require that any permissible contributions and expenditures be publicly disclosed. The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment. Section 3 Nothing contained in this amendment shall be construed to abridge the freedom of the press. OPINION OF COMMON CAUSE Local Government Advisory Questions in Oregon March 2012 Janice Thompson, Executive Director of Common Cause Oregon (with legal assistance from Margaret Olney, of Counsel Bennett, Hartman, Morris and Kaplan, and Brandon McNamee) Introduction At the urging of activists, many city councils or county commissions are enacting resolutions expressing their concern regarding corporate political campaign spending and undue constitutional rights of corporations, a term that encompasses businesses, unions, and nonprofits. In addition, some local governments in Oregon have laws that allow advisory questions to be put before the community's voters, typically by referral but occasionally by initiative. Common Cause Oregon and others believe that a vote of the people is more powerful than government resolutions, though placing an advisory question on the ballot is best undertaken after strategic assessment of its likely success. This memo outlines the legal parameters of advisory questions in Oregon. We also suggest the following sample language for what voters will see on the ballot. 1 This language has been developed based on survey research, advice from ballot measure campaign experts, and vetting by election law experts. It reflects the need to use readily understandable language that does not rely on the summary or explanatory statement that are in the voters' pamphlet and far less likely to be read by voters. CAPTION: Advisory question on corporate constitutional rights and money as speech. ADVISORY QUESTION: Shall (insert name of community) voters instruct Congress to amend constitution to limit political campaign spending and provide constitutional rights only to people? Citizens do not have a constitutional right to place advisory questions on the ballot under Article IV, Section 1 of the Oregon Constitution Article IV, Section 1 of the Oregon Constitution provides Oregon citizens with the right to enact "local, special or municipal legislation of every character in or for their municipality or district" by petitioning to place initiatives and referenda on ballots. Oregon courts and the Attorney General have held that this provision does not create an affirmative right to place advisory questions on local ballots because those questions are not legislative in character. That is, they do not actually enact laws of general applicability.2 Can "resolutions" be adopted through the initiative process? Local and state governments often adopt "resolutions" to formally announce a policy position. These resolutions are not "legislation" as they typically have no actual or legal effect. Some activists have asked whether citizens can use the initiative process to pass a resolution regarding corporate campaign spending. We believe that the answer is "no," unless the local government otherwise allows initiative petitions for advisory questions. This is because a resolution is not "legislative" in character, which means that the people do not have a constitutional right under Article IV, Section 1 to do so. Notably, this is the rationale given by the City of Portland election officer in rejecting an initiative petition proposed by Portland Move to Amends Counties and municipalities may authorize advisory questions on local ballots Although the Oregon Constitution and the Oregon Revised Statutes do not specifically authorize advisory opinions on local ballots, the Oregon Attorney General has stated that counties and municipalities may do so by local ordinance.a Moreover, Oregon courts have never expressly prohibited advisory questions on local ballots.5 A local government may refer an advisory question to its ballot or citizens could file an initiative petition to have an advisory question placed on the ballot, but only if this allowed in the code of a city or county.6 Where is an advisory question an option? Review of city and county codes is underway by Common Cause Oregon so check with us about your community especially since code provisions on this topic are not always crystal clear. Two examples, of where advisory questions are an option, however, are noted below. The City Council can refer advisory questions in Portland.s A citizen signature gathering effort cannot be used to place advisory questions on the ballot in Portland because that path to the ballot is not specified in city code; only a council referral is an option. In Corvallis, the City Council may refer an advisory question upon the request of community members. The Corvallis Council, however, is not required to refer the advisory question to voters and is given discretion about election date and the referral's content and wording of the question. Sponsors of an advisory question may also be asked for payment to defray election costs.s What if your local government codes doesn't allow for advisory questions? There are two options. First, if your local government is interested in placing an advisory question on the ballot, it can authorize doing so as part of the actual referral. Second, if your government is reluctant to change its practice with regard to advisory questions, then citizens could file an initiative petition to enact a local ordinance authorizing advisory questions.lo In other words, a signature gathering drive could put on the ballot a law that, if adopted by voters, would revise your city or county code to authorize advisory questions. The next step would then be to use this new law to place an advisory question like the sample provided above on the ballot for a popular vote. The first option is obviously easier for activists. The two-step process outlined in the second option above is problematic for two reasons. First, it involves a lot of work and second, it could be politically challenging due to possible opposition claiming that the advisory question option could be abused and distract from more important local government issues. If this route is taken it seems prudent to write the ordinance to allow placement of advisory questions by either a citizen signature gathering process or a referral by the governmental body. Advisory questions must address matters of local concern Under Oregon law, it is generally understood that a locality's lawmaking power is restricted to matters of local concern.ii However, that requirement is easily met. As the Attorney General has acknowledged, gauging voter attitude about issues that affect a locality's residents is, by definition, a matter of local concern, even if the issues involve federal and state Iaw.12 Advisory questions should conform to the format of initiatives and referenda The Oregon Revised Statutes specify the following format for initiatives and referenda: 0 a caption on the ballot of 10 words or less, 0 a yes-or-no question on the ballot of 20 words or less, 0 a summary in the voters' pamphlet of 175 words or less,is and ❑ an explanatory statement in the voters' pamphlet of 500 words or less.14 Campaign specialists agree that the most important language in the "ballot title" is the caption and question. That ballot language must be easily understood without reference to the summary or explanatory statement and, ideally, should tie into the campaign message. As noted at the beginning of this memo, Common Cause Oregon has consulted with experienced election law counsel and drafted language that both gets the message across and meets statutory standards. As groups move forward with a ballot measure strategy, we suggest that this language be offered to those responsible for drafting the ballot title— usually the city or county counsel. Challenging ballot titles If a city council or county commission does not prepare a ballot title acceptable to activists, a legal challenge is possible. Also note that opponents could challenge a ballot title and require a response by activists. Timelines for challenging ballot titles are very short (often just five business days after publication in the local paper), so check with your city or county counsel to get that information so it can be factored into your planning. These ballot title requirements are in Oregon law. Local codes about ballot title format should be checked, but typically require consistency with state law. It could be argued that a local advisory question may not have to follow this format. Following this format, however, is recommended for two reasons. The first reason is to avoid the distraction of an opposition argument that the appropriate rules were not followed. The second reason is to avoid the cost of a possible lawsuit challenging an advisory question's format. 2Foster v. Clark,790 P2d 1, 6, 309 Or 464 (1990) (holding a proposed measure impermissible for the ballot because it was administrative in nature); contrast City of Eugene v. Roberts, 756 P2d 630, 305 Or 641 (1988)(accepting a proposed measure as legislative in nature but finding it impermissible for the ballot on other grounds, discussed infra). See also 37 Or. Op. Atty. Gen. 14, 15-16(1974).3 Portland's Move to Amend proposed initiative that was rejected by the city election officer read: "Resolved, the People of the City of Portland, Oregon call for amending the U.S. Constitution to establish that: 1. Only human beings, not corporations, are entitled to constitutional rights, and 2. Money is not speech, and therefore regulation political contributions and spending is not equivalent to limiting political speech. Also see footnote 6 discussion of Amalgamated Transit Union-Div. 757 v. Yerkovich, since this case was cited by the Portland city election officer. 437 Or. Op. Atty. Gen. 14, 18. 5 See for example, City of Eugene v. Robert, supra, in which the court held that an advisory question incapable of a "no" answer was not a"measure" under state statutes. The Court did not speak so broadly as to prohibit any advisory question, and has not subsequently done so. 637 Or. Op. Atty. Gen. 14, 18-21; see also, Amalgamated Transit Union-Div. 757 v. Yerkovich, 545 P2d 1401, 1402 and 1404-05, 24 Or App 221,rev. den. (1976)(addressing petitions only in the context of Article IV of the state constitution and finding that an initiative to reverse a City of Portland administrative decision could not be put on the ballot because it was administrative rather than legislative in nature), and Jewett v. Yerkovich, 555 P2d 950, 952, 27 Or App 127 (1976)(measure placed before voters pursuant to the terms of a local ordinance was not subject to"the administrative-or-legislative test applicable to initiative measures"). 3 Portland code section 2.04.040 A.2 reads: "An advisory question, measure or proposition may be submitted to the voters by resolution of the Council. No petition is required.The vote shall not enact the matter into law, preclude the Council from adopting an ordinance enacting the matter into law, or require the Council to enact the matter into law." Use of this advisory question option has not occurred in Portland in the last 60 years. 9 Corvallis Municipal Code Chapter 1.10 Advisory Question includes four sections:definition, request requirements, Council responsibility, and fee determination. Council responsibility is the pertinent section and reads: "If a request for submission of an advisory question to the voters conforms substantially to the requirements of an initiative petition, Council shall consider the request within a reasonable time and shall determine, in its discretion,whether the advisory question shall be submitted to the voters, and, if it is to be submitted, the date of the election at which the question will be submitted and the content and wording of the question as it will appear on the ballot, including any editing or revision of the question." 10 Such a petition would be "legislative" in nature because a local ordinance authorizing advisory questions would be a law of general applicability and future effect. Thus, citizens would have a constitutional right under Article IV, Section of the Oregon Constitution to enact such an ordinance by initiative. 1137 Or. Op. Atty. Gen. 14, 19 (1974). 12 37 Or. Op. Atty. Gen. 1258, 1260 (1976). 13 Oregon Revised Statutes §250.035(1)(2011). 14 ORS § 251.345 specifies looser rules for counties, but following the format requirements of ORS§ 251.215 may avoid unnecessary lawsuits. i CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting November 2012 Local Option Levy for Enhanced Library Services Draft Ballot Measure and Resolution FROM: Ann Seltzer, Management Analyst, seltzera @ashland.or.us SUMMARY The current local option levy, passed by voters in 2008 for enhanced library services, expires in June 2013. The attached ballot measure extends the local option levy for four years, through June 2017 and provides up to $.21 per $1000 assessed property value for enhanced library services. The deadline to file a ballot measure for the November election is September 4 and it must be submitted to the City Recorder no later than August 27. BACKGROUND AND POLICY IMPLICATIONS: In November 2008, Ashland voters approved the levy to provide enhanced library services for four years through June 30, 2012. The enhanced library services include sixteen additional open hours per week at the Ashland library, three additional full time employees or the equivalent and enhanced outreach library programs for teens, seniors and children. These services are contracted through an intergovernmental agreement with Jackson County. The 2008 levy allowed for up to $.21 per $1000 assessed. The recommendation for the 2008 levy came from the Citizens Library Advisory Committee appointed by the City Council in the fall of 2007. The committee met numerous times and researched library governance and funding. After hosting several open houses in the community they determined there was voter support for a local option levy to fund enhanced library services. Attached is a report from the Ashland Branch Library on results of the enhanced services and outcomes paid for by Ashland residents. FISCAL IMPLICATIONS: The Intergovernmental Agreement for FYI is $388,022. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council adopt the resolution and approve the ballot measure language. SUGGESTED MOTION: I move to approve the ballot measure as written and adopt a resolution titled, "Resolution of the City of Ashland and Jackson County, Oregon to submit to the voters at the November 6, 2012 General Election a funding initiative to levy up to $.21 per $1000 assessed property value for the purpose of Page 1 of 2 ��, CITY OF ASHLAND providing enhanced library services at the Ashland Public Library for a period of four years beginning July 1, 2012" and place a measure on the November 6, 2012 ballot for enhanced library services. ATTACHMENTS: • DRAFT Ballot Measure • Resolution 2012-xx • Time Frame • Report from Ashland Public Library Page 2 of 2 �r, City of Ashland, Ballot Measure,November 6 2012 General Election Renewal Tax Levy for Enhanced Services Funding Ashland Public Library Caption: Renewal of Local Option Tax Levy Funding for Ashland Library Total 10 words(10 words permitted per ORS 250.035) estion: Shall Ashland levy up to$.21 per$1,000 assessed value for four years beginning July 1,2013 for library operations? This measure renews current local option taxes. Total 20 words(20 words permitted per ORS 250.035 20), not including ending statement required and not counted pursuant to ORS 280.070. Summary: Renewal of this tax will continue funding for enhanced services at the Ashland branch public library through June 30, 2017. Up to$.21 cents per$1,000 of assessed property value may be levied if this measure passes. The average 2012 assessed value for a single family home in Ashland is approximately$241,000. Such an average household would pay$45.79 per year if this measure passes. The estimated tax cost for this measure is an ESTIMATE ONLY based on the best information available from the county assessor at the time of the estimate. It is estimated this tax will generate$399,662 in 2014, $411,652 in 2015,$424,000 in 2016 and $434,722 in 2017. Pursuant to an intergovernmental agreement (IGA)between the City of Ashland and Jackson County, these funds will be used to pay the county for enhanced library services beyond its base services. The IGA must also be extended to June 30,2017. Subject to the IGA,enhanced library services in Ashland include the following, at a minimum: • 16 additional open hours per week with professional staff. • Three additional full time employees or the equivalent • Enhanced outreach library programs for teens,seniors and children Total 150 words(175 words permitted per ORS 250.035), not including statements required and not counted pursuant to ORS 280.075. Explanatory Statement: Renewal of this levy will continue funding for enhanced library services for four years beginning July 1, 2013 through June 30, 2017. It provides for enhanced library services beyond the base services provided by the county. In November 2008,Ashland voters passed a local option levy of up to$.21 per$1000 assessed value to provide for enhanced library services. That measure expires June 30, 2013. Passage of this measure mirrors the 2008 levy and authorizes the City of Ashland to levy up to$.21 per $1000 assessed value each year for four years for the purpose of providing enhanced library services from July 1,2013 through June 30,2017. 1 Subject to the intergovernmental agreement with Jackson County enhanced library services in Ashland include the following,at a minimum: • 16 additional open hours per week for a total of 40 hours per week • Three additional full time employees or the equivalent • Enhanced outreach library programs for teens,seniors and children How much will it cost me? To determine how much your household will pay in additional taxes, refer to your property tax statement issued by the county and find your tax assessed property value. (Your tax assessed value will be significantly lower than your market assessed value.) The average 2012 tax assessed value for a single family residence in Ashland is approximately$241,000. The additional property tax paid by the average household would be$45.79 per year(241 multiplied by 21 cents). Results of a `No"Vote If this local option levy does not pass,the Ashland public library,after June 30,2013,will operate under the base services currently provided by the county: 24 open hours per week, reduced outreach services and reduced staffing levels. Total 287 wards(500 words permitted per ORS 246.150, 251.305&251.325 500) 2 RESOLUTION NO. 2012- RESOLUTION OF THE CITY OF ASHLAND AND JACKSON COUNTY, OREGON, TO SUBMIT TO THE VOTERS AT THE NOVEMBER 6, 2012 GENERAL ELECTION A FUNDING INITIATIVE TO LEVY UP TO $.21 PER $1000 ASSESSED PROPERTY VALUE FOR THE PURPOSE OF PROVIDING ENHANCED LIBRARY SERVICES AT THE ASHLAND PUBLIC LIBRARY FOR A PERIOD OF FOUR YEARS BEGINNING JULY 112013 RECITALS: A. The City Council of the City of Ashland, Jackson County, Oregon (the"City") has determined that there is a need to provide enhanced library services at the Ashland Public Library for a period of four years beginning July 1, 2013 ending June 30, 2017. B. Costs are estimated to be $399,662 for the first year and increasing three percent each year for enhanced library services including: 16 hours of additional operating hours per week, with professional staff, three additional full time employees or equivalent and enhanced outreach services teens, senior and children. C. The enhanced library services are in addition to the base services provided by Jackson County at the Ashland Public Library. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Submit to the qualified voters of the City the Question of levying up to $.21 per $1000 assessed property value for the purpose of providing enhanced library services at the Ashland Public Library for a period of four years beginning July 1, 2013. SECTION 2.The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached Ballot Measure Notice, not later than 61 days prior to the elections. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 3. The City Recorder shall give notice of the election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. SECTION 4. The City Attorney is authorized to alter the text of the ballot to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirement of Oregon law. The resolution is effective upon signing by the Mayor. Page ] of 2 PASSED and ADOPTED this day of , 2012: Barbara Christensen, City Recorder SIGNED and APPROVED THIS day of , 2012: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 Timeline November 2012 Ballot Measure November 6 General Election September 6 Deadline to file ballot measure for November election September 10 Deadline to submit voter pamphlet information for November election August 27 Deadline to submit ballot measure language to Ashland City Recorder July 17 If needed, three possible council meetings August 7 to continue to discuss placing a local August 21 option levy on the November 2008 ballot. Ashland Branch Library Benefits from City of Ashland and its Residents' Support The Ashland Branch Library is open 40 hours per week. Jackson County pays for 24 hours of basic service.The City of Ashland pays for 16 additional hours of full service. Two FTE, or the equivalent, are paid to cover the additional hours of operation as well as an additional FTE or the equivalent, for a Library Outreach Activities staff member. Ashland residents benefit from this significant support by: 16 hours of full service. Professional staff members are on duty all 40 hours in Children's and Reference departments. This staff is specially trained to help readers, business owners,tourists, children and educators, use library resources. The extra hours allow the library to be open for those who work. Sundays are particularly popular. For the Children-The extra hours enable Ashland to offer more Storytimes, 4 x a week, and to also offer the Babies and Wobblers program. Once a month, an extra bilingual story time is given. A typical month, in March of this year, 350 children attended 16 storytimes. 350 children and parents attended the 8 babies and wobblers program. Three class tours and 5 classroom visits took place in the children's department. These programs are able to take place because the library is open 40 hours a week and because our Children's Librarian has 10 hours a week to devote to outreach. Internet Service—the public Internet computers are well used. The public is very pleased to have 16 extra hours where the computers are available to be used. There are 13 public Internet stations for adults, 2 for database and word processing use, 4 teen computers, and two Internet stations in the children's area. Printing is available from all. Tourists—Tourists use the public library to read newspapers, get information on local issues, use the Internet and print their boarding passes. They are very grateful to the library being open, particularly on Sundays. Outreach—The library has 40 hours of outreach staff hours. This is divided between children's, teen and adult services. The Children's outreach librarian is able to go to daycares, schools, give class tours and storytimes for individual groups and a special connection with Ashland Hospital delivering Baby's First Bag—a literacy program for all babies born at our local hospital. Nearly 400 bags filled with books and literacy information were delivered to newborns in 2011. In March alone,the children's outreach librarian welcomed 8 class visits from local preschools, including the YMCA. The library would not be able to host so many in 24 hours a week. The Teen Librarian spends 5 hours a week doing outreach to teens. She hosts booktalks, class visits and prepares materials for school age. She also hosts programs, such as Teen Gaming Day, Art projects and more specifically for the teens. The Adult Outreach Librarian serves around 44 active patrons each month.There are 10 or so who may drop off for a month or two, or who move. The numbers do vary a bit from month to month. The librarian supervises 6 volunteers who deliver materials to individuals. The other libraries in the system mail materials back and forth to the outreach patrons. In Ashland the materials are hand delivered and a relationship develops between the homebound reader and the library volunteer and librarian. Materials are delivered to Mountain View, Skylark, Linda Vista,Ashley Senior Center, Star Thistle, Don Laws Center, and to 7 individual homes.The librarian also visits the Senior Center, posting announcements and keeping in touch with that community. A recent comment that was sent to us by an Outreach patron's son follows: "Thanks so much.These books are really helping her to feel in contact with ongoing life. Much, much appreciated." Adult Outreach - 5 hours is also spent by another Librarian doing Outreach to patrons through programming and working with community organizations. Monthly library programs bring in to the library 100-300 individuals a month.That is besides the public meetings that take place in the library but are not library sponsored. Programs on job hunting, local history, author visits, writing skills all take place in the library, which lets all Ashland know what a community center it is. Relationships with other agencies and organizations in town foster the goal of community. Circulation - It is hard to determine what the circulation of materials would be with the library only open 24 hours a week. We know how the 40 hours makes it more convenient for the public to use the library and circulation continues to grow each month.Ashland with a population around 21,000 circulated 413,196 items in the last 12 months. Medford in comparison - population of 73,500 or 3 %times that of Ashland - circulated 492,922 which is a lot in only 24 hours a week. Circulation was up 6.71%this past month, and the annual increase is around 5-6%. The Ashland population seems pleased that the library is open 6 days a week, 40 hours. We are often asked if it will be open on Fridays anytime soon. The extra hours provide better service to the patrons, since their visits can be spread out over the week. 0 oe a m m r N N p N t7 A r A N f M N } 0 C 7 N Q N Or N in cI W OI m y C OI Q N N m C t N W t ry L W d 40 O th N C E N C E �1 E C LL 7 M y d a E n s m a m a m rm m rn o rn � rn c l O M ch O N N Cl Q [7 r t0 y 00 V N a < 75 Q Q m m p mN Q W Z m n tt o� in Q Ooo�n e J 'u o 0 m o F Q to O Z n O N m N Q7 O m (h N [7 W t7 N N m m N m N J 1A C) h Q M M Q� Q m �O Yi n P V1 vl n Q N 1� t"J m 1`N O1 M m m v1 vl 1 f N t7 m A M M h VI m M � n T f� L N c C A M [L L m �f h r } l}i LL l}L ITL t N m - m a m � } ? Q v 0 o Q C v a n Z LL N Z LL Q U N O a Z v m U (n Z U W O m p c h a N p Q O a0i Z J c N Z a 2 a m> o m �Wi Q LL U 0 Z Z } CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Second reading of proposed ordinances to restrict persistent offenders in the downtown business district FROM: Terry Holderness, Police Chief, holdemet @ashland.or.us SUMMARY The City Council, at its business meeting on June 5, 2012, approved the first reading of two ordinances to restrict persistent offenders in the downtown business district, with an amendment removing AMC 10.46.020 Prohibited Camping as one of the persistent violation offenses from the two ordinances. The ordinances will authorize the court to restrict persistent offenders from the downtown business district for a limited time as a consequence for multiple offenses in the downtown area or as a consequence for failing to appear in court multiple times to respond to criminal charges or to citations for certain ordinance violations. The proposed ordinances presented for second reading include improvements over those approved at First Reading in that they incorporate some of the clarifications and simplifications suggested by members of the public. The changes will be highlighted during the presentation to Council. Staff is requesting Council approve the second reading of two ordinances with their suggested amendments. BACKGROUND AND POLICY IMPLICATIONS: Over the last two years city staff has seen an increase in complaints from residents, visitors and business owners regarding the behavior of individuals that are engaging in unlawful or annoying conduct in the downtown. These complaints include aggressive panhandling, making lewd and lascivious comments to people on the street, blocking sidewalks, being unnecessarily loud,trespassing, using and being under the influence of drugs and/or alcohol in public places, urinating in public, littering and leaving trash, and various other forms of disorderly conduct. Some of the activities that generate complaints rise to the level of being law violations; others do not. Of those individuals whose conduct did constitute violations of existing law last year, several were cited or arrested more than 20 times; one was cited or arrested for 31 incidents. In 2010, the top ten violators had 168 citations or arrests for separate incidents between them. In 2011, the top ten violators had 184 citations and arrests between them and for the first four months of 2012, the top ten violators have 64 citations or arrests for separate incidents. The largest concentration of offenses occurs in the downtown area. In 2010, the most frequent offenders had 100 citations or arrests for separate incidents between them in the downtown area. In 2011, the top offenders had 95 citations or arrests for separate incidents between them in the downtown area. During first four months of 2012, the top ten violators have 31 citations or arrests for separate incidents in the downtown area. Many of those cited or arrested multiple times appear to have little concern about the consequences of the violations and have not paid anything toward the fines imposed by the Municipal Court Judge as Pagel of 3 1OPFFMA CITY OF ASHLAND penalties for their violations. .Even when the behavior constitutes a misdemeanor under the Oregon statutes,space limitations in the Jackson County jail preclude holding violators of minor crimes for very long, if at all. Many violators are aware of that fact. Further, many of these repeat violators avoid sentencing altogether by failing to appear in court to respond to the allegations against them. For them, too, the threat of jail time for failing to appear in court as ordered is an unrealistic sanction. On January 31, 2011, the Police Department recommended to the Council that it consider use of ordinances to restrict persistent offenders from the downtown. After discussion at several meetings, the Council tabled that recommendation. On April 3, 2012 the Council directed the Police Department and the City Attorney to bring an ordinance to the Council that would restrict violators of selected ordinances or statutes from the downtown area fora limited time. On May 14, 2012 the Police Chief and City Attorney presented the Council with several options for how an ordinance dealing with persistent offenders could be structured and what offences should be included in the ordinance. The attached ordinances are intended to reflect and reconcile as much as possible the guidance and concerns expressed by Councilors at the May 14 Study Session. One of the proposed ordinances is in two parts. The first part would add Section 10.120 to AMC Chapter 10. It would(1) establish the Class B misdemeanor of Persistent Violation for multiple offenses within an enhanced law enforcement area and/or for a person's entry into an enhanced law enforcement area while that person is currently expelled; (2) establish the downtown area as an area in which the penalties for Persistent Violation may include temporary expulsion; and (3) make temporary expulsion from the downtown area a presumptive penalty for Persistent Violation unless the court determines a different penalty is more appropriate. The second part of this ordinance adds Section 10.125 to AMC Chapter 10. This part establishes a procedure to compel attendance of those persons who persistently fail to appear in court after being . personally cited for a criminal offense or certain ordinance violations requiring mandatory appearance. Working in conjunction with the new AMC 10.120, this ordinance addresses our lack of ability to hold persons accountable who choose not to show up at court in order to avoid sentencing or expulsion for their persistent violations. The other proposed ordinance would amend AMC Chapter 1.08 to make court appearances for selected ordinance violations within an enhanced enforcement area mandatory, and to make clear that expulsion may be imposed as a penalty for a Persistent Violation misdemeanor. This proposed amendment is required to make the above proposed additions to AMC Chapter 10 effective. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the second reading of the two attached ordinances concerning restriction of persistent offenders from the downtown business district, as amended. Page 2 of 3 OF14 CITY OF -ASHLAND SUGGESTED MOTION: Presenting two separate, amended ordinances for consideration, the Council must make two independent motions: 1. I move to approve the Second Reading of an Ordinance entitled, "An Ordinance Amending AMC Chapter 10 Public Peace, Morals, and Safety by Adding Sections 10.120 "Persistent Violation" and 10.125 "Persistent Failure to Appear" and adopt the ordinance. 2. I move to approve the Second Reading of an Ordinance entitled "An Ordinance Amending AMC Chapter 1.08 General Penalties, Sections 1.08.005F., 1.08.010A.(1), and 1.08.020 to Effectuate Proposed Ordinance adding AMC 10.120 "Persistent Violation" and AMC 10.125 "Persistent Failure to Appear" and adopt said ordinance. ATTACHMENTS: Proposed Ordinances Map of proposed Downtown Enhanced Law Enforcement Area Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 10 PUBLIC PEACE, MORALS, AND SAFETY BY ADDING SECTIONS 10.120 "PERSISTENT VIOLATION" AND 10.125 "PERSISTENT FAILURE TO APPEAR" Annotated to show de' -,and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS,Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, residents, visitors and business owners have, with increasing frequency and urgency, expressed concern to City elected officials and staff about a growing number of incidents of unlawful behavior in the City's downtown area; WHEREAS, a small number of persons appear from Police Department records to be responsible for a significant percentage of low level crimes and violations in the City's downtown area; WHEREAS, the downtown area affords opportunities for unlawful activity by those willing to disregard certain Oregon statutes and City ordinances and enables such persons to associate with others who may be willing to engage in petty crimes or ordinance violations; WHEREAS, even repeat violators of statutes and ordinances regulating conduct, frequently can evade judicial sentencing through failing to appear in court, ignoring court-imposed fines or being released from overcrowded County jail facilities; and WHEREAS, even persistent violators have been found to curb their unlawful behaviors in order to retain the privilege of visiting favored areas in the City. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10 Public Peace, Morals, and Safety of the Ashland Municipal Code is hereby amended by adding the following Sections as follows: Ordinance No. Page 1 of 5 10.120 Persistent Violation. AMC 10.120.010-Enhanced Law Enforcement Area and Persistent Violation Misdemeanor. A. It is the intent of the City Council to protect discrete areas within the City that are experiencing increased unlawful activity against becoming an attraction for more such activity and to protect the public against health and welfare hazards posed by persons who are attracted to these areas for opportunity to engage in or to contact others to engage in unlawful activity. B. The City Council finds that the following geographic areas within the City are particularly affected by unlawful behavior and/or are subject to a disproportionate number of incidents of the unlawful activities comprising persistent violation as defined in AMC 10.120.020 below, and declares each such area to be an enhanced law enforcement area: 1) Downtown Enhanced Law Enforcement Area - Exhibit A. AMC 10.120.020 A person commits the crime of persistent violation if: A. The person is convicted in Ashland Municipal Court for any combination of the following crimes or violations occurring in separate incidents within a six month period within an enhanced law enforcement area: (1) Three (3) or more Class A, B or C felonies or Class A or B misdemeanors; (2) Two (2) Class A, B or C felonies or Class A.B, or C misdemeanors plus one (1) or more violations of the ordinances set forth in (4) below; (3) Three (3) or more Class C misdemeanors; or (4) Three (3) or more violations of any of the following ordinances: a. AMC 9.08.110--Scattering Rubbish; b. AMC 9.08.170--Unnecessary noise; c. AMC 9.16.110--Dogs-Control Required; d. AMC 10.40.030--Consumption of Alcohol in Public; or e. AMC 10.40.040--Open Container of Alcohol in Public. f. AMC 10.46.020 Prehihited Camping. B./The person knowingly enters an enhanced law enforcement area in—' violation of a Municipal Court expulsion order as a term of the person's probation or a court expulsion order pursuant to AMC110.125.010,et sec. ..L„ ..1.. i..:1.. annear in A:.1.1.....1 Munie-val Coui4 for onv crime or--violation after- reed of summons or- eitations for three se- Embinuflon of those crimes iknd/or A A4-G 104-30.020 within an enhanced Ww mforeement area de A ll.irA 10� / Ordinance No. Page 2 of 5 AMC 10.120.030 Mandatory Arrest. A. When a peace officer has probable cause to believe that a person has committed the crime of persistent violation, the officer shall arrest and take into custody the alleged violator. AMC 10.120.040 Misdemeanor Classification: Presumptive Penalty. A. Persistent Violation is a Class B Misdemeanor. B. Unless there is reasonable cause to order otherwise, upon a finding that any offense supporting a conviction for persistent violation occurred within an enhanced law enforcement area, in addition to any other appropriate conditions of probation, the Court shall expel the person from an enhanced law enforcement area defined in AMC 120.020.01011 for a period not less than three (3) months or more than one (1)year, unless the court finds it necessary to: a. Specifically address the remedy for the violation; and/or b. Allow the person to travel to and from the person's place of employment, educational facility, City offices, physical or mental health treatment facility, or other areas that the court deems materially related to the person's crimes or violations, the needs of the person, or the protection of the public. SECTION 2. Chapter 10 Public Peace, Morals, and Safety of the Ashland Municipal Code is hereby further amended by adding the following Sections: AMC 10.125.010 Persistent Violation-Hy Failure to Appear, Citation; Form. (1) Upon the city attorney's complaint of persistent violation for failure to appear under ORS 133.060 or 133.070, a law enforcement officer shall issue a citation ordering the person to appear in Court within three_4udicial days or the next regularly scheduled Municipal Court hearing date,whichever is later, and show cause why the Court should not enter a Court's expulsion order when the officer has probable cause to believe that: (_a) The person has intentionally, knowingly or recklessly engaged in repeated failure to appear in Court three (3) or more times within a twelve (12) month period after receiving personal service of summons. citation or release from the iail with an order or agreement for appearance to respond to criminal or code violation citations requiring a court appearance. AMC 10.125.020 Effect of citation; contents; hearing; Court's order; use of statements made at hearing. (1)(a) A citation shall notify the respondent of a Municipal Court hearing where the respondent shall appear at the place and time set forth in the citation. (2)(a) The hearing shall be held as indicated in the citation. At the hearing, the respondent shall be given the opportunity to show cause for why a Ordinance No. — Page 3 of 5 Court's expulsion order should not be entered. The hearing may be continued for up to 30 days. The Court may enter: (A) A temporary expulsion order pending further proceedings: or (B) A Court's expulsion order if the Court finds by a preponderance of the evidence that: (i) The person intentionally, knowinely or recklessly engages in repeated failure to appear in Court three (3) or more times within a twelve (12) month period after havine received personal service of summons, citation or been released from the iail with an order or agreement for appearance to respond to criminal or code violation citations requiring a court appearance. (b) In the order, the Court shall specify the conduct from which the respondent is to refrain,which may include physical presence within an enhanced law enforcement area defined in AMC 120.020.010B or other are\ of the City of Ashland the court deems materially related to the person's /) crimes or violations or the protection of the public except to: (A) Specifically address the remedy for the violation; and/or (B) Travel to and from the person's place of employment, educational facility, public offices, physical or mental health treatment facility, or other areas that the court deems materially related to the person's crimes or violations, the needs of the person, or the protection of the public. (3) The order is of unlimited duration unless limited by law, but not to exceed one year. (4) If the respondent fails to appear at the time, date and place specified in the citation, the Municipal Court shall issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent at Court and shall enter a Court expulsion order, unless the Court finds there is reasonable cause to do otherwise. (5) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for persistent violation as defined in AMC 10.120.020 or for violating a Court's expulsion order as defined therein. AMC 10.125.030 Service of expulsion order; entry of order into APD data systems. (1) Service of a Court's expulsion order shall be made by personal delivery of a cry of the order to the respondent except in the instance when the Court indicates that the respondent appeared in person before the Court. (2) Whenever an expulsion order, as authorized by AMC 10.125, is served on a respondent, the person serving the order shall immediately deliver to the city attorney a true copy of the affidavit of proof of service, on which it is stated that personal service of the order was made on the respondent, and a copy of the order. If service of the order is not required pursuant to subsection (1) of this section, the Court shall deliver a copy of the order to the APD. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the APD shall Ordinance No. Page 4 of 5 immediately enter the order into a reliable database, maintained on a daily basis and accessible to APD law enforcement personnel at anytime. SECTION 3. Savin¢s. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection,paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Art icle X, Section 2(C) of the City Charter on the day of , 2012, and duly PASSED and ADOPTED this day of 2012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2012. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney I Ordinance No. Page 5 of 5 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 1.08 GENERAL PENALTIES, SECTIONS 1.08.005F., L08.010A.(1), AND 1.08.020 TO EFFECTUATE PROPOSED ORDINANCE ADDING AMC 10.120 "PERSISTENT VIOLATION" AND AMC 10.125 "PERSISTENT FAILURE TO APPEAR" Annotated to show delis and-additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS,Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as.all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, it is the intent of the City Council to protect discrete areas within the City that are experiencing increased unlawful activity against becoming an attraction for more such activity and to protect the public against health and welfare hazards posed by persons who are attracted to these areas for opportunity to engage in or to contact others to engage in unlawful activity; WHEREAS,the Council's intent is to amend AMC Chapter 10 to address the problems of persistent violations of law in the downtown area and persistent failure to appear in court, and thereby reduce the incidents of unlawful behavior within such discrete areas; and WHEREAS, effectuating the new ordinance on Persistent Violation and Persistent Failure to Appear, requires amendments to AMC.chapter 1.08. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.08 General Penalty of the Ashland Municipal Code is hereby amended to read as follows: 1.08.005 Code Compliance Officers F. Default/Criminal Charges/Warrant/Presumntive Arrest. Failure to appear on a violation citation may result in a default judgment, criminal prosecution for failure to appear [See ORS 153.992,ORS 133.076], a. Court order to show cause for Contempt, as well as issuance of an arrest warrant. Ordinance No._ Page 1 of 3 l (2)Notwithstanding F.(1) above, court appearance is mandatory for the 1 following violations occurring within an Enhanced Law Enforcement Area as provided in AMC 10.120.020: a. . AMC 9.08.110--Scattering Rubbish: b. AMC 9.08.170--Unnecessary noise: c. AMC 9.16.110--Dogs-Control Required; d. AMC 10.40.030--Consumption of Alcohol in Public; or e. AMC 10.40:040--Open Container of Alcohol in Public. €. 4114E 10.46.020 Prohibited Eamp=ng. 1.08.010 Misdemeanor Penalties and Procedures A. Unless otherwise specifically provided, when the Ashland Municipal Code identifies violation of its provisions as a misdemeanor or as subject to this section, any person violating any provisions or failing to comply with any of the mandatory requirements of this code is guilty of a Class B misdemeanor offense [maximum $2500 fine and one hundred eighty(180) days in jail]; provided however, while the limitations of Article 9, Section 1 of the Ashland City Charter are operative, any person convicted of a misdemeanor under this code shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment. - 1 JLIn addition to a fine and incarceration, the Municipal Court may impose any / additional punishment,probation, remedial measure (e.g. restitution), or expulsion as provided under AMC 10.120 et sec., that is appropriate for the offense. 1.08.020 Violation Penalties and Procedures. A. Violation offenses in the Ashland Municipal Code shall be classified as a Class I, Class II, Class III or Class IV violations. Except for the minimum fine provisions of ORS 153.093153.021, violations described in the Ashland Municipal Code as Class I, II, III & IV shall be applied and interpreted consistently with Class A, B, C &D violations as set forth in ORS Chapter 153. Parking violations are excluded from Classification and Base Fine requirements. When not otherwise specified in the Ashland Municipal Code or in other incorporated codes, the violation offense shall be a Class 1I violation, inclusive of violations in codes incorporated by reference. The penalty for committing a violation offense shall be as specified for the classification of the offense in the Schedule of Violation Penalties, Section 1.08.030, [Table 1], or as otherwise specifically designated in the Ashland Municipal Code. Provided however, while the $500 dollar limitation of Article 9, Section 1 of the Ashland City Charter is operative,'the fine portion of any monetary obligation imposed by the Municipal Court for a City Ordinance offense, shall not exceed $500. In addition, each and every day during any portion of which any violation offense is committed, continued or permitted by any such person or entity shall constitute a separate violation subject to a separate fine and such person shall be punished accordingly. The costs of prosecution, including but not limited to court costs, Ordinance No._ Page 2 of 3 assessments, fees, charges, surcharges,restitution, and the like, shall not be included within the$500 limitation. The prosecution in Ashland Municipal Court of state law misdemeanors and violations pursuant to ORS 221. 339 is not limited by the fine and incarceration limitations of the Ashland City Charter. 2) See AMC 10.120, et sec., Persistent Violation for additional penalties and procedures for violation of Class I—IV Violations. SECTION 2. Savings.Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection,paragraph, or clause shall not affect the validity of the remaining sections, subsections,paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance"may be changed to "code", "article", "section", "chapter"or another word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2012, and duly PASSED and ADOPTED this day of 2012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_day of 2012. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney J Ordinance No. _ Page 3 of 3 CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Second Reading of Ordinance Levying Property Taxes for FY13 FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl @ash]and.or.us SUMMARY This is the second reading of-an-ordinance which will levy property taxes for Fiscal Year 2012-2013. BACKGROUND AND POLICY IMPLICATIONS: Oregon state law identifies the process for public agencies to budget. The process uses a Citizen Budget Committee and open meetings to review the Proposed Budget and to gain approval. The Budget Committee met four times and the grant subcommittees met twice this spring to review the Proposed Budget and allocations for FY 2012-2013. On May 10, 2012, the Budget Committee approved the budget and recommended it for adoption. On June 5, 2012, Council held a public hearing and took first reading of the ordinance levying property taxes for Fiscal Year 2012-2013. FISCAL IMPLICATIONS: The operating property tax rate is calculated to decrease from $4.1973 to $4.1972 for a total of $9,148,158 from the permanent rate. The new rate includes $1.9295 for the General Fund, $0.1749 for the Debt Service Fund to help pay for the Ashland Fiber Network loan and $2.0928 for the Parks Fund. The local option levy that is included for the Library has Committee approval of$0.1921. This levy will generate $419,064 before discounts. Included as well is $296,865 to pay for 2005 bonded debt approved by the public and $219,011 for the Fire Station #2 levy. The ordinance authorizing the tax levy rate is consistent with the Budget Committee's approved tax rates and amounts. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the second reading by title only of the Ordinance. SUGGESTED MOTIONS: I move to approve second reading by title only of an ordinance titled, "An Ordinance Levying Taxes for the Period of July 1, 2012 to and Including June 30, 2013, Such Taxes in the Sum of$10,083,098 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon". ATTACHMENTS: Ordinance to levy property taxes For additional information, please see the council packet of June 5, 2012, located here: htti)://www.ashIand.or.us/Page.asp?NavlD=14877 Page 1 of 1 �r, ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 11 2012 TO AND INCLUDING JUNE 309 2013, SUCH TAXES IN THE SUM OF $10,083,098 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $4.1972 per thousand an amount estimated to be $9,148,158, voter authorized Local Option in the rate of$.1921 per thousand an amount estimated to be $419,064 as well as $515,876 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2012, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Subject to General Excluded from General Government Limitation Government Limitation Rate Permanent Rate Local Option Bonded Debt Per$ 1,000 General Fund -Operations $ 4,209,929 1.9295 Debt Service Fund -Technology Fee 372,000 0.1749 Parks and Recreation Fund. 4,566,229 2.0928 Ashland Library Levy $ 419,064 0.1921 2005 GO Bonds $ 296,865 2011 GO Bonds - Fire Station #2 219,011 $ 9,148,158 $ 419,064 $ 515,876 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 12012. and duly PASSED and ADOPTED this day of 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 CITY OF ASHLAND Council Communication June 19, 2012 Business Meeting Resolution amending the Management and Confidential Salary Schedule and a Resolution Clarifying Conditions of Employment for the management and confidential employees for fiscal year 2012-2013. FROM: Tina Gray, Human Resource Manager, grayt @ashland.or.us SUMMARY The City has negotiated collective bargaining agreements with five bargaining groups. Management and Confidential employees of the City are not an organized group for the purpose of negotiating terms and conditions of their employment. Each year, City Administration makes a recommendation to the City Council for a cost of living adjustment (COLA) for all non-represented employees. Adjustments for the elected City Recorder and Municipal Judge are set forth in the City Charter based on the average increase afforded other managers of the city. Staff is recommending the following actions: • 2% salary increase for all non-represented management and confidential job classifications. • An additional employer contribution of 1% to Health Reimbursement Arrangement Voluntary Employees'Benefits Association (HRA-VEBA) for all non-represented management and confidential employees. (2%total contribution is consistent with all other City employee groups). • Partial implementation of classification and compensation study recommendations for executive staff. The salary schedule for executive managers includes a 3.5% COLA equivalent to what was given to the other management and confidential staff. (2% COLA recommended this year, and 1.5% COLA which was included when the plan was implemented last year to reflect market change since the study was completed in 2009-2010). • Minor language changes to help clarify conditions of employment. BACKGROUND AND POLICY IMPLICATIONS: The City is currently negotiating new labor agreements with three of the five represented employee groups. Staff will bring new labor contracts to Council for approval once tentative agreements have been reached. The remaining collective bargaining groups are in the second year of their contracts which call for wage increases of 2.5% for the IBEW Electrical Workers, and 2% for the Laborers Union Local 121. To ensure competitive wages for non-represented management and confidential employees, and to reinforce the Council's goal of employee retention and continuity, staff is proposing a 2% COLA and an additional 1% employer contribution to HRA-VEBA for all non-represented management and confidential employees. Pagel o1`2 �r, CITY OF -ASH LAN D Last fiscal year, the Council approved a partial implementation strategy that moved the non- represented management and confidential employees into the recommended salary ranges from the classification and Compensation Study conducted in 2009/10. The city could not afford to implement all class/comp recommendations, so executive management salaries remained unchanged for a third year. To help address compression and comparability issues, staff recommends Council implement class/comp recommendations for the executive managers of the city in a manner consistent with how the study was implemented with the other non-represented management and confidential employees last FY. FISCAL IMPLICATIONS: The budget that was approved for fiscal year 2012-2013 included a 2% COLA and an additional I% employer contribution to HRA-VEBA for all non-represented management and confidential employees of the City, and implementation of class/comp study recommendations-for executive managers of the City. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council adopt a Resolution amending the pay schedule and a resolution clarifying Conditions of employment for the non-represented management and confidential Employees of the City. SUGGESTED MOTIONS: 1 move approval of a resolution amending the salary schedule for non-represented Management & Confidential Employees of the City for fiscal year 2012-2013; and I move approval of a resolution clarifying conditions of employment for management and confidential employees of the City for fiscal year 2012-2013. ATTACHMENTS: • Resolution revising the Salary Schedule to reflect implementation of the compensation recommendations for executive managers; 2% COLA for all other management and confidential positions; and a 3.4095% increase for the Elected Judge and City Recorder per City Charter. • Revised Management Resolution clarifying conditions of employment for management and confidential employees of the City. Page 2 of 2 RESOLUTION NO. 2012- A RESOLUTION AMENDING THE PAY SCHEDULE FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 2012-2013. RECITALS: 1. The City has an interest in maintaining salary differentials to avoid compression between represented employees and the supervisory/management staff. 2. It is the desire of the City to maintain its management and confidential pay plan at a level commensurate with other jurisdictions to enhance recruitment and retention in these key positions. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The pay schedule for Mid-Management/Supervisory and Confidential employees shall be increased by 2%, effective July 1, 2012. SECTION 2. The pay schedule for Executive Managers shall be adjusted to reflect the recommendations of the 2009-2010 Classification and Compensation study, effective July 1, 2012. SECTION 3. The salary of the Municipal Judge and the City Recorder shall be increased by 3.4095%, which is the weighted average of the adjustments made for Department Heads and Supervisors as set forth in the City Charter. This resolution takes effect upon signing by the Mayor or City Council Chair. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 2012. Barbara Christensen, City Recorder SIGNED and APPROVED this_day of , 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of 1 5 MANAGEMENT/CONFIDENTIAL-2012 Salary Schedule EXECUTIVE MANAGEMENT-All Job Classes am Exempt ]/1/2011-PARTIAL IMPLMEWATION OF NEW COMPENSATION PUN-No chonpejor FxHUtMP CPS Compensation Recommendation(Never lmpkm<ntedfar 7/1/ZOU-IXECUIIVE MGMF BROUGIFT INTO NEW Man menI Exnldfkx Mm mtnt COMPENSATION PUN Includes market nmhu Of 3.5% $Ol CI rMminlsnator 1 501 c tAdminlseotw 1 501 CI Mnsinlrbatw 1 Step A-First 6 Months $56.173 $9,]36.1) $116,830 Step A-FIrst6MOnths $56.320[ $9,762.12 $11)15 Step A-First 6 Months $5L2912 $10103.79 $1212" Step B-Xestl2MOntM1s $5].8303 $30,@Lll $II0,266 Shp O-Next 12 Months 559.1360 510.250.22 $123003 step B-NCO 12 Months $61.75a $10'seess $127308 Stepf-Netl l2 MantM1a $61.23M 510,613.18 $II),358 Step C-Nest IIMamM $630928 $ln,]63.]3 $139,153 Step C-Hest l2 Months $61.1660 $11,13903 $13367 3 ShP D-Neat l2 Monti $63.7916 $11,05).19 $132,686 S[ep0-NextU n4 $65.19)5 $11.300.8) $135,610 Step D-Netl l2 Manta $6).0)98 $116%.00 $141035] Ste E-ThehaRer $66.3359 $1109820 $13),9]a StePE-ThercaRer $6805)0 511,865.92 $103,391 Ste E-)LertaRer $]0.851 $12,2a1.23 $1],3)5 503 CI ARoma t'Asdnmt Cl AdminlsM1eew 1 sol Ci Attwm 1,Asshood Cl AdmintOrator 1 W2 CI Attorney 1,AulsUm City Adminlrtntar 1 Step A-FIrA6MOnths $1].0036 $8,161.1 $9),930 S[ep A-Nen6MOntbs $06.33a6 $8031.33 $963)6 Atp A-LIrrt6 Manths $0].9563 $8312.02 $99)419 Step B-NeM IIMOn[hs $08.9529 $8085.15 $301822 Step B-Netl l2 Manton $08.6513 $803288 $101,195 Step B-Neat 13 M0n[M1i $50.3501 %)2a.03 $100]36 St PC-NC 12M0nths $50.9260 $8827.16 $105,925 Step C-Nertl2Months $51.0839 $8850.53 $106250 SLep C-NeA 32 Manths $SE.B)U $91641.M $1099]3 Step D-Theeafter $52.%83 $9,181.15 $110,170 StCPE-N.12M.nths $53.6381 $9,297.25 $111,56) Step D-Neat 12 Monti $55.5150 $9,622.65 $115,02 Ste D-Thereafter $56.3200 $9,262.13 $117,145 Ste E-thereafter $5[.2912 $10,103.79 $121,2416 15001 Police 15051 Director Electric utilities(1);15063 [504]Police Chief(1);[5051 Director of Electric Utilities 15001 Police Chief(1);15051 Director M Electric Milken,(1);[506] Dbe.hr of Admbinntiv.service.µ1;15071 Nrc Chief(1); Director of Adminlstradve Sompte(1);[50)]Fire Chief(1);[50)]Director Director Administrative SenXes pL 1507]Fire Chief(1),I5W3 Director of Public Works(1);[509]Director of Information of Public Works((h[SM)Director oflnformatian Technma8 9(1),[510) Director of Public Works p);15091 Director of Information TechnWa89 hchnol 1 510 DInROr of Cwnmun O"*nl Director of Common( Development 1' 3'510 Dlh[[ar of Common( Devel nt 1 Step A-FIm 6 Months '$0.5528 Step A-FiM6MOntM1S $Q.0269 $)280.W $8]016 [::P A-FIm 6 MOms $13.419)8 $2539.E0 $9005 Step B-Nest l2 Months $95.2836 Step B-Next l2 Months $041.1282 $)6418.8) $91)86 pit Host l2 Mon iM $R.02] $]916 Step[-Neat l2 MOntM1S $41).0836 Step C-Nett l2 Months $06.3306 $8031.32 $%3)6 tepC-NeM 12 Months $0.9563 $831203 f99]419 Slop D-Th-m-r $418.9529 Ste,D-Next l2 Manths $4186513 FE.acZaa $301,195 tep D-Nest l2 MamM1S 550.3501 58,)28.03 $104,736 Step E-Thereafter $51.0839 $8,85053 $16,25- te E-Thereafter 1 552.8719 $9,164.441 $109,9)3 Last Change Applied: Tart Revised:5/2012-Class Camp implmented for all Positions;Exec.Mgmt 3.5%Catch-up,All Others 2%COLA ENecture 7/1/12 1 MANAGEMENT/CONFIDENTIAL-2012 Salary Schedule MID-MGMT SUPERVISORY-All✓on Classes Are Exempt Unless Specified 7/1/2011-PARTIAL IMPLMENTATION OF NEW COMPENSATION PLAN 7 1 2012-2%COLA JOB CI,ASS JHR /MO ANNUAL 511 ElechicOperations Superintendent 1, [Sill EeddC OperathemsEmmMmIen ent 1' I Aj 6MWn" IS43669141 4$670650 r580-aJ8 Step'.'Fnt6 Mmh 1$139'46521 I$68tOQ Qlkl WB StepB Nett l2Mtoohs 1S440626)1t$)OOl82t$8C 502 St pB-N atIIM N $s61 U9=I 4$]162)9 Q$Ba193 SWPS Nestl2 Months I$40657114$739391 E�88'R] 5[pC-NrtIIM iM1 1$x1351011 t$1561w S.503 say Step 0 Nett 12 Months 1$/M 7WJ1 4$7)63.61(♦$937263 Step D'N M II Months,�15775.54591 gt$]93a.a)Q$95036 SR F.Lhenfln 155002%1 4$8151)9 "$9I 831 Sb E-Thmhv:.P_i$'17.97@1�$8-3311e=BQ $99 Da 15031 Deputy Police Chief/Lieutenant(1); [513[Divislon 1503]Deputy Police Chief/Lieutenant(1);(513]Dhrldon Chlef OWE(3)(EMS,Fire 81ffe Safety and Operations),[5101 HR (3)(EMS,Fire 8 Life Safety and Operations);[5301 HR Manager Mama er 1: 1 SteOA FIni6M6nths I$<368a9014$638714 B$Jfi 6K 5[pAFrst6M [M1 $3J.Saw1 EIfS651tA9�:$]01M 3[ep B-NeA 12 ManiM1s 15430691414$6)0650),0$80"OB Step O--N rt12M tb 1139.`465=1!M$6,'940'.63 Q$82088 StanC NM 12 MOmhs 1$<e0626)1 4$)04192 t 80502 St pC>N a112M [M1 $41773921 M$7282,M Q$1,'193 Stepp Xeat l2 Mpnmi 1540657314$]39391 M$54027 StePD Nrt15 [h pj $a3:51MIIM$JMlA0QSWW2 Sh EnThenRa f$W447Wll M$]T63:63 ` $93,10 Step E-Thenker _ =111-45-545911057,911171 Q ".'026 (525]Building Official(1):15561 Planning Manager 11); [525]Building Official(1);[5561 Planning Manager(1); Assistant City Attorney I• Assistant city AM (Ili 4ep ARnt6 Months 1$43509421 MS.;.29954$]39% Step A-FIT46eMn tt-•7201 $d5 M611 x$6204]54 Q$)4i56 sa Stepall B- trtl MpniM 36.84 $7, StpO -N at]=M th i3J-Sa591 tj6514o]Q$]!IM St.PC .ert13M5nths 1 43869141�$6;J06.Sn Y96077]s Step C N rt12M tyb�ry 1$99454=1�$6 -63 Q$8208t Stepp Netl 2Man111 $T40..z. 4$]541.82 x$84502 SipD -N at 12M [h t/ Sy41T21 S�)U2)9 X516-193 Ste E.dhereaher I$ 4_1651 $t-],393.91 1 $11111727 Ste E-MontaRerv. y 543.5101 $R),54'T1.80 X590,503 [521]Accounting Manager(1);1515]Public Works 15211 Accounting Manager(1);[515]Public Works Superintendent(1);1516]Engineering Seral Mgr.(1); Superintendent(1);[5161 Engineering Semices Mgr.(1);[530] 530 IT Mamajon, AFN Operations M t. I: Computer Sentient Manager(AN Operations 1 Step AerFM6MOnths 1$433 Q36I t$5]931324$69520 5[pA'�F i6M tM1y?p':$30 09311 455 909 28 Q$]0911 Step O Ne year #12 Mpnihs F$43509R1<$6082.934$]3936 S[pB.Nhxs J2M ihRy�'ISI3579611 t$fi=0(64 Q$]a45fi StepC Netl l2 MOnNS ($436 84891 456 38]144$]6,646 SipC'-N tl2M th $:3JSas91MS6514.OQ$J11J8 Stepp Netl l2 Months (5 43 6 6 9141<$6](16.$11 B=$W<]8 5[p 0-N rt 12 M� $139:46521 H 84063 Q$83 0Y Ste E.iThereah.1 1$44m6267I t$]04183 502 Ste E-Thereafter:. .$0?093t g($)IB=.]9�a$•fi l93 t'12 ]Management Analyst(1);(543]Senior Engineer(1); 1520]Management Analyst(Il; [5031 Senior Engineer(1); Police Se Meant Note:Sc ants are N0e-Exem t 523 Pulse Sauternes Note:Se ¢ants are NowExem SipA-FI rt $T30'913<$5359.91 hfT3p C:Na112 Month 1$234.09"1 t$559W 21 Q$JO911 StpD�Nn12M iM1 -E.ThereaRer f 3469,asmro$a35]:14 SJ66K GRANDFATHEREDSAIARY RANGE: Pre.Comp Study Selarywas St E-Th hr .1t. 537.5614$esien QS)al)! higher.Incumbents hired Into this range are frozen once they reach cep step until market estcbes up.(W W S Water Reuse [526]Water Treatment Plant Supervisor SV eryHOr W)PSu Msua (526]Water Treatment Plant Supervises Wastewater and Water Reure Supervisor(1);[518)N¢Lwoth Wastewater and Water Reuse Supertabor(1);[513]Network Administrator(2);(51915enior Information Systems Me" Administrator(2);[5191 Senior Information Systems Analyst 2; 522 Senior Planned 112 GIS Mana er 3 Step A-First 6 Months $ 27,4977 $5,553.00 $6k636 121:15221 Seen Planner l' 122 GIS Mana still Stepp-Flr46 MmiM I$ 2x8:871 t$S W4A9 t$w,054 StepB Nat l2Men[hs $ 28.8736 $5,846.w $70152 St pA-F'm6M ibs f539T A5p114$s is a6]Q$61 isfi StepB Nat 03 MOntM1S ($43033631(55254:]2 t$63p57 Ste C Nertl2 Months $ 30.3163 $6,]5300 $]3836 Stomp B-N.12MntM1S $6309==61 X55,359.91 Q$64;319 Steps Non l2 MOn[M1S IS431.e323I 4S5 S1Y45156Q209 Ste D Nert l2 Months $ 31.83=1 $6,Orn.w'-. n$77]36 S;pC N112M nibs 15132'4N)f($5;62].90 Q56],535 StepD-Nen•O Months $4330361455179332 E $69,SID Si pO-N413�CgMgF�n�ni Ig134e9=11455;909:H QSm,911 son ET•Jm mler f5 3T SwL21<56,082.99':TS12"a GRANDFATHERED SALARY RANGE:Pr mp Study Salary was Ste "atThereamer^3'a:fST3S.MIl 11 pLW t$]74si higher. Incumbents hired Into this range are frozen once they [527)Water Quality and Distribution Supervisor fl);Permit reach top step until market catches Up.(Water Quality and [52)1 Water Quality and Distribution superviner(1);Permit Center Manages Itmormthrefuchraftbdavoil DlstflbuBan Superarlsorl Center Manager fposithao,not Included In bud t StepA Ims, Months fS 42].esn119$W,-7 64$57194 Step A-R.6 Months 5 27.4977 $4,818.00 $5]016 S pA=Frn6M h'(ifiA71Sr.04Al t$4,E6LSa Q$L 319 Step), Nat RMamhs f$ 228.8]114$5544.694$60'054 Sla,B N.12MOnlh: S 28.8726 $5,054.00 $wB St�'NeM 13a M�ihx i' f$.Dt X501 t$s IWA Q$6l 5=5 Ste l2MOnths f$ 3T0.31fi1 t$52T5<:J3 4$63'057 Step[ Nen 12 Months $ 30.3163 $5,307.00 $63684 Stpf°N M iM1 [$30.1 92�4$5359.81 Q$64318 Ste pD Nert l2 Mpnihs f$ 31<831 t$S,SD.65 4$66,"09 Step HeM 13 MenIM1S $ 31.833] $5,571,001 $66852 st p0-N n12M N�js I$r3:4617]t$562).W Q$fi]sL Step E:.Thertafler 15433772361 4$5;]93.32 sees. Ste E-ThercaRer $ 3].8321 $S,BSO.w - $m,300 Step-1Re¢aflerd''-'= $34.09=11055;909;19 '414$]0,930 last CM1en¢e Applied' Last Revised:5/2012-Class Comp lmplmented for all Positions;Exec.Mgmt 3.5%Catch-up,All others 2%COLA Effective 7/1/12 z MANAGEMENT/CONFIDENTIAL-2012 Salary Schedule MID-MGMT SUPERVISORY-All Job Classes Are Exempt Unless Specmmi /1/2011-PARTIAL IMPLMENTATION OF NEW COMPENSATION PLAN ]1 2012.2%COW Strata Ic Plan Pro M Mana er(11 Tem om a Position Strategic Plan project Manager(1)Temporary Position SIep A=Rrrt6 ManIM i$=30':]5@�1$5,33002 t$639W eliminaled71112 Scapa-xertu2 MOn[M1S f$ 3T z:wTaltsss2ao t56ib2s SIepC-NeM•12 ManIM1S I 31�J]=$S Haas 1$69290 ' Ste n-•Thereaher I$ 31�0.60061 t 6 W4.36 $) 052 [129]Forest Remorse Specialist(1);[528)Maintenance and 1129]Forest Resource Specialist(1);1528]Maintenance and Salary Supervises I31;[529)Street Supervisor(1);15211 Safety Supervisor(3);1529]Street Supervisor 11);[521] Customer Service Supervlsor(1); NMe:All lob Classes are Customer Service Supervisor(]);Note:AllJobClassesareNon - Non-Eaem t ��� Eaem Step A FIM6 mom s $$ 2� $� a539.2.11055e471 StepA flpt6M tit $52~ 3p Y15a 63p as SiYa9555961 SIepB Nert l2 Mamhs 1$1♦2]49T])t$<J6618 t$A;194 Step B H i 11 M I6 f112l wP)=54 t615t=g:$58,339 SIepC Nap l2 MOn[M1S I$=208II61=$5'ao4149:$60054 StepC N rt13M tM1 1$13945011 R 51016)C 61!2s6 ent SIepD Nert l2 MOmhs 1$=303]631 t$4 72 t$63o5J Stepp 01.i tit' r MAZ261 gt$53599I�$ 319 Ste E..Thertafler ($'31832115$551]:45 - $66209 51 e E ihertinei -'%'$32:4N]1$"tS6 fi2)% n$f-isf-5 Accounting Analyst(Established as non-represented 5/l/1; Account. Ana t Es1O61ished Art, -recomsentedS 21 afflur tl cohered Sala San e Step A�11¢6MOn[M1S 1$=13]5361=$4,'11)31:$49:40) 5t pA Fbat6M t $12395361 ib5$4,T11]11 gpL9F$49:40]_Ak SIepD NW lI Mon[M1S 1$124%331=$4323:W�551[877 St ._H W 12M tit 15524194131�$4:3330an r'pS NW 12 M h", $$ 2T-6-IM-3 E54,539.22 x$54,01 Step< N St 12M m1h $$22.ttu1 $�I92i�$SO q] "- p Nep IIMOmhs $ 2L�J] $t 0166.18= 5]T1M SIepD .Nrt'1' [M1 f$2'27W7711K$4 8r�$5)'190 te E.JM1ereafler $$ 2)-x871.=$500.49 $60o51 Ste E-Thercahet_.r $T383R61 WSS,out 49 _&.'.$W WA (549]TeleCOmmunleatims Technician(1);IS [549]Telecommunication Technician(1);IS Analyst/Pregrarenler(1)(5511 Municipal Court Supervbr(1); Analyst/Programmer(1)[5511 Municipal Court SupeMSr(31; (558]Financial Analyst(3);1542]User Support Coordinator [558]Flnncial Analyst(3);1542]User Support Coordinator(1); (1);NOW:Financial Arda"t and User Support Coordinator NOW:Financial Ant"and User Support Coordinator are New are NoursExerept All abler lo b cWsses in Ran el are Exempt Exempt,All other lob classes in Ran e7are Eaem I Step R Flrn 6 Mah I f 123]5361=$4x11):21:$49 C0] Step A' FI st 6 M [M1 $IU 128)1 I 3%63 9=1 156,396 SIepB Nap 1l MOntM1S 1$=2494131=$13230]:$5]!0] Step B}N rt12M tM1S '$BS'4a011-$/'1n 61 x$52915 StePC Nep l2MOnt�s 1$12610831=$453923 t$54:4T3 she the $FIfi]IIll gQ$%630,OB�55s 561 SIepD Nlrt l2 Months 1$It2]49)]I t$4]66-18:$5),191 5I p0 Nrt112M IM13,y: S1Z):o17)I=$�afi15e�Ssa 339 Sb E.Thereafler 1$$288]261 g1$5,00/.C9 $(0054 St..E-]]rtreaRnY.M3'g'? 5129°A5011$9g$5104:fiJ x$61'1% [546)RUk Management$pecialUtll);[54]]Paralegal(1); [5461 Risk Management Specialist(1);[547]Paralegal(1); Administrative Supervbor(2);Note: All positions are New Administrative Supervhar(2);Note:All positions are Non- Esem t Exem t IZPA plrrt6 Months rSM2051921t$355fi60:$42:09 Step A-First 6M tit]J.T $12092%=$36D 29 X543533 Stepp Nap l3 MOnIM1S I$g(Z15<531 M$3',734"3 41$44;813 SIepB-N MIIM IM1tjIA•y 1$1319]611=$3,%s 1B Ig�$1SJ30 StepCNWl2 Man(M1S 1$tR 621611$3921:15 t$0,054 Step C.c NW12M Lh yC]I$Ii30)Sll 8){$3999:07x$419% Step D NevL 12 Months 15=23]5361 t$4J13J:21 Et$4910J SIepD N t12 Met ..Pe-- 11 MOn[M1S $ 2�494331=54323.0) SSI3" Ste F--IIW11rMaM"'. $25:.,0$1 jjf5:dn:61 F'�I�$SS 915 CONFIDENTIAL-All Job Classes an non-exempt 536 Executive Secieta [I),Non-Emm t 536 Executive Se,reta III, N.Exem t SIeOA Flrstb MOnIM1S f5<1954211<$33aJ:24 0$40:6eJ St pA,fl t6M M1s $139.93391=jl S.d E=$11LE0 SIepB NexI l2 MOntM1S 1$12051921($355660:$416]9 St p-BpNW 12M Ihs $130!93961=$362).]9 x$43533 SIepC Nevt])MOntht I$t2154521 3']34'43:$44613 Step C a Stepp Nep l2 MOn[M1S 1$=33 07361 53,921!15 111111$47,054 Step O_N 12M' its 15123 07511=53 9%Q�N)9% SteFp E.1M1 er(t I$I23JS361 IWW,117,21 5a9407 Ste E-ih f R�`�.'� '$Ii423t)1=$4Y%:63�4SO3% 1531]CERT program Coordinator Ill;[5451 Human Resource (531]CERT program Coordinator(1);(545]Human Resource Assistant(1);(534]Adminlstradve Assistant(6); Note:All assistant(1);(534]Administrative Assistant 16); NOW:All inbns are NOnEaem 1 Positions are Non-Eaem SIepA FIT6MOnNS $=1861121=$32115:91:$3 Jll SI pA'=FIA.... . $I1a B134I 1$33%.65 g " $39'486 Stepp NeM 12 MOntM1S I$h951Z31=5338]34:$40,64] SI pB=N $(1993291=$34550,�S41[4W SIepC Nep l2 ManlM1S 1$=20s1921 t$3556:E0:$126]9 SI pC N $12092%1=$3621]9 543$33 Step0 Nert03Mon[M1S 1$=2154511 393413:$44'8]3 5t pD N $I31.9761IM$3W9.11v5rs]t0 Ste EdhereaRer 1$=3262261=$3923!15 )054 Ste E Th $f23:07511($3999-67�M1996 Rece tianlsl 1: NOW:Non�Eaem t Rece tbnlst 1: Note: on-fterept Slep A-Ili nmh 1$=33:49861=$2339:]6:$28,0]) SI IF A.FI ffln�, I$113J6a61=$S3a6.56 S$Ia639 SIepB Nep l3 MOntM1S $$ 11391 $3,456:]5 x$39;101 5t pB:"N [f 1T L451�$ 505.93 $300]1 aget [ NW 1 1MmNS $$ 350341 $�W0.14 t3T25p SL nOWNef 1r5:32C77)�$ 656.1] $318)5 NW 12 MmIM $$ 1�51 $�2;]60.39�$3T315 st p 0 H1 1 61 1441 M$ 81561�$33)N Ste E.ThennR, $ 1� 168H11 $(1936 p1 3511E 5[ E:Th f IT].2188�t$ 9NS9 x$35815 City Recorder $36.6924 $6,360 $76,320 Clry Recorder $37.9434 $6,577 $78,922 Municipalludge $24.9404 $4,323 $51,876 Municipalludge $25.7907 $4,470 $53,645 1.7829%Increase calculated per Cry Charter 3.4095%Increase calculated per City Charter last Charm,Applied: Last Revised:5/2032-Cass Comp lmplmented for all Positions;Ex".Mgmt 3.5%Catch-up,All others 2%COLA Effective)/1/12 3 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY OF ASHLAND CLARIFYING CERTAIN CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 2011-21. RECITALSs: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; THE MAYOR AND COUNCIL RESOLVE AS FOLLOWS: 1. Scope of Resolution. This 2012 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "A", dated July 2012. Where the term "employee" is used, it shall mean regular full-time employees, regular part-time employees, and probationary employees as defined in section 2.7. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employees are paid hourly for work performed and they are subject to payment for overtime according to the Fair Labor Standards Act. Confidential employee includes those classifications in Appendix "A" under "Confidential." 2.2. Department head. A person directly responsible to the city administrator, mayor or city council for the administration of a department. Department heads are exempt from overtime payment. Department heads include those Management classifications in Appendix "A" under "Department heads." 2.3 Division Supervisor. A person directly responsible to a department head or the Page 1 of 19 City Administrator for the operational functions of a city department or division. Division supervisors are exempt from overtime payment. Division supervisors include those Management classifications in Appendix "A" under "division supervisors." 2.4 Mid-Level Supervisor. A person reporting to a division supervisor or department head who may receive overtime payment for work outside their normal scope and duties. Mid-level supervisory positions require autonomy, independent decision making, planning, and may provide supervision to other personnel. 2.5 Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. 2.6 Management or Manager. Those classifications included in Appendix "A" under the title "Management" including Department Heads, Division Managers and Mid-Level Managers. 2.7 Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of the position. 2.8 Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this resolution is set forth generally in the preamble. More specifically, the resolution has three fundamental purposes: 3.1. To clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Manaaerial Performance. 4.1. Goal Setting. Basic goals for the City of Ashland are set by the mayor and city council. Resources for achieving those goals are provided via the annual budget. Operational goals and short- range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. Page 2 of 19 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. Encouraging team work and cooperation among employees and departments, 4.2.4. Developing employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Actively promoting affirmative action at all levels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14.3. Consistent with administrative policy, Exempt management employees may flex their schedules at their discretion as long as they exercise judgment so their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. Page 3 of 19 4.3.4. Residency. Residency within the Urban Growth Boundary is strongly encouraged for the city administrator and for department heads. Existing City employees promoted into the position of Department Head will not be required to move as a result of a promotion, but are strongly encouraged to move within the Urban Growth Boundary once appointed as a Department Head. The following job classifications shall establish their residence to enable them to report for emergency duty within 40 minutes of notification including "get ready" and travel time: Public Works Superintendent Street Supervisor Wastewater and Reuse Supervisor Water Quality and Distribution Supervisor Water Treatment Plant Supervisor Electric Operations Superintendent Fire Division Chief(EMS, Fire and Life Safety and Operations Divisions) Deputy Police Chief/Lieutenant Police Sergeant Computer Services Manager AFN Operations Manager Network Administrator Senior Information Systems Analyst Information Systems Analyst/Programmer User Support Coordinator Maintenance and Safety Supervisor Telecommunications Technician Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. Department Heads may identify other positions which require emergency response within 40 minutes to meet operational requirements. 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. 4.4.2. Organizing. Efficiently and economically organizes and carries out Page 4 of 19 assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Making/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace and enforces the City's Harassment and Non-discrimination policy in their area of responsibility. 4.4.12.Adherence to City Policies. Ensures that work activities are performed in conformance with requirements of the Ashland Municipal Code and adopted administrative policies. 5. Holidays. Recognized holidays are set forth in AMC §3.08.080. For convenience they Page 5 of 19 are listed here: New Years Day(January 1) Martin Luther King Day (3rd Monday in January) Washington's Birthday (3rd Monday in February) Memorial Day(last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Veteran's Day(November 1 1) Thanksgiving Day(4th Thursday in November) Day after Thanksgiving (in lieu of Lincoln's birthday) Christmas Day(December 25) 5.1. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, in lieu of time off consistent with what is afforded other law enforcement officers of the City of Ashland. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. In the event that a Sergeant terminates employment for any reason, they will receive pay only for the holidays which have elapsed that calendar year. If more holidays have been taken as time off than have actually occurred at the time of termination, those hours overpaid will be deducted from the employee's final paycheck unless other arrangements are made to repay the City. 5.2. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 5.3 Employees working an alternate work schedule will receive compensation for 8 hours. Employees working four 10-hour days will receive (8) hours compensation for any holiday that falls in their regular work day. Employees may use accrued vacation or compensatory time (if applicable) to make up the extra two hours, or they may be permitted to flex their schedule during a week which contains a holiday to ensure they receive full pay. In no event shall an exempt employee receive pay for more than 40 hours/week due to a holiday or alternate work schedule arrangement. 6. Vacations for Management and Confidential Employees. 6.1. Eligibility. Management employees shall be eligible for vacation with pay in accordance with the following sections: 6.1.1. Employees with less than four full years of continuous service shall accrue 8.67 hours of vacation for each calendar month of service worked. 6.1.2. Employees with more than four but less than nine full years of continuous service shall accrue 10.67 hours of vacation credit for each calendar month Page 6of19 of service. 6.1.3. Employees with more than nine but less than 14 full years of continuous service shall accrue 12.67 hours of vacation credit for each calendar month of service. 6.1.4. Employees with more than 14 but less than 19 full years of continuous service shall accrue 14 hours of vacation credit for each calendar month of service. 6.1.5. Employees with more than 19 but less than 24 full years of continuous service shall accrue 15.34 hours of vacation credit for each calendar month of service 6.1.6. Employees with more than 24 full years of continuous service shall accrue 17.34 hours of vacation credit for each calendar month of service (NOTE: The above schedule includes one day of leave which was previously designated as "birthday holiday".) 6.2. Utilization. Vacation leave shall not be taken in excess of that actually accrued. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management and Confidential employees are required to take at least 75% of their annual vacation accrual as time off each year. All Management and Confidential employees may elect to receive up to 40 hours as cash on the first paycheck in April each year. The balance not elected for cash payment will be added to their cumulative vacation accrual. In no event shall the employee's total vacation accrual exceed twice the amount of the employee's annual accrual without written approval from their Department Head. 6.5. Scheduline. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. 6.6. Payment on Termination. An employee terminated after six-months employment shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but unused vacation leave Page 7 of 19 shall be paid in the same manner as salary due the deceased employee is paid. 6.7. Administrative Leave. Exempt management employees may be granted " to one week of Administrative Leave each July at the discretion of their department head or the City Administrator. The purpose of Administrative Leave is to recognize the extra hours required of exempt managers for which no overtime compensation is afforded. No cash payment will be made for Administrative Leave, and it can only be taken as time off during the year in which it is granted. Administrative Leave must be used by June 30'h each year or it will be deemed forfeited. In the event of termination or retirement, no cash payment will be made for Administrative Leave. In the event of a termination, the City may require pro- rated repayment of Administrative leave at the rate of 3.3333 hours for each calendar month remaining in the year after the date of termination. 7. Hours of Work for Confidential Employees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall normally consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period, which shall not be paid. 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the department head to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. 8. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee Page 8 of 19 at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual cannot exceed 960 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Non-exempt employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. All employees covered by this resolution may be granted the use of sick leave for the illness or injury of a family member in accordance with Oregon Family & Medical Leave Act (OFMLA), and/or the Federal Family & Medical Leave Act (FMLA), and/or anyone residing at their place of residence. Use of sick leave to care for ill and injured family members is subject to department head review and applicable City policy. The City may request medical documentation before granting paid sick leave for this purpose. 8.4. Integration with Worker's compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave- Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pay for Unused Sick Leave. All Management and Confidential employees may elect to receive 1/3 of their unused annual sick leave accrual (maximum of 32 hours) as cash on their first paycheck in December. If cash payment is not elected, the unused portion of sick leave will be added to cumulative sick leave balance or converted to accrued vacation at the option of the employee. Page 9of19 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandparent-in-law or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. 10.2. Jury Duty. Employees shall be granted leave with pay for service upon a jury. Employees may keep any payment for mileage, but all other stipends for service must be paid to the City. Upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee,judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.6. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.7. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of not being able to Page 10 of 19 work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the willful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, willful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08.030.B or for political activities forbidden by state law. 11.2. Discharge. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause. 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. Employees, other than those appointed by mayor and city council,may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the departments by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee shall serve a minimum probationary period of 12 months after which, upon recommendation of the Page 11 of 19 department head, the employee shall be considered a regular employee. The probationary period may be extended upon request of the department head if an adequate determination cannot be made at the end of the probationary period. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a six-month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability. 13.2. Other/Outside Employment. Outside employment shall be permitted only with the express prior written approval of the department head or City Administrator. Such written approval shall be documented in the employee's Personnel File. The general principles to be followed by the City in permitting or restricting such outside employment shall be: 1. The need for mentally and physically alert City employees; 2. Insulating employees from potential conflict of interest situations; 3. Maintaining efficiency unimpaired by other employment, particularly for those city positions requiring employees to be available for duty 24 hours a day. In the event that the above principles are violated, the department head or City Administrator may revoke previously granted permission to hold outside employment. 13.3. Worker's compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. Page 12 of 19 C 14.2. Compensation - Pay Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the City Council. When any position not listed on the pay schedule is established, the City Administrator shall designate a job classification and pay rate for the position in accordance with sections 3.08.050 and 3.08.070 of the Ashland Municipal Code. 14.3. Overtime. Exempt management employees are expected to devote whatever time is necessary to accomplish their job. For all non-exempt employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The City Administrator, City Attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. Mid-Level supervisors and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No ,employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the City Administrator may appoint a new employee at any appropriate step within the pay range. 15. Health, Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. 16. Compliance with FLSA. This resolution shall be interpreted in a manner to preserve the exempt status of the city's bona fide administrative, executive, and professional employees, as those terms are used in the Federal Fair Labor Standards Act (FLSA). Such exempt employees shall not have their pay docked or reduced in any manner that would be inconsistent with the salary test set forth in the FLSA and they are not subject to disciplinary suspensions of less than a week except for major safety violations. 17. Effective Date. This resolution shall become effective as of July 01, 2012. Page 13 of 19 This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of June, 2012. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 14 of 19 APPENDIX "A" Classifications in the Management and Confidential Employee Groups MANAGEMENT EXECUTIVE MANAGEMENT City Administrator Exempt Assistant City Administrator Exempt City Attorney Exempt Police Chief Exempt IT/Electric Utility Director Exempt Administrative Services/Finance Director Exempt Fire Chief Exempt Public Works Director Exempt Community Development Director Exempt DIVISION_SUPERV_ IS_ OR_ S__ Electric Operations Superintendent Exempt Deputy Police Chief Exempt Fire Division Chief(EMS, Fire & Life Safety and Operations Divisions) Exempt Human Resource Manager Exempt Planning Manager Exempt Building Official Exempt Public Works Superintendent Exempt Engineering Services Manager Exempt Computer Services Manager Exempt AFN Operations Manager Exempt Accounting Manager Exempt Municipal Court Supervisor Exempt _ . MID-LEVEL SUPERVISORS Assistant City Attorney Exempt Senior Information Systems Analyst Exempt Information Systems Analyst/Programmer Exempt Page 15 of 19 Network Administrator Exempt Senior Planner Exempt Senior Engineer Exempt Management Analyst Exempt Police Sergeant Non-Exempt Water Treatment Plant Supervisor Non-Exempt Water Quality and Distribution Supervisor Non-Exempt Wastewater & Water Reuse Supervisor Non-Exempt Street Supervisor Non-Exempt GIS Manager Non-Exempt Forest Resource Specialist Non-Exempt Maintenance Safety Supervisor Non-Exempt Customer Service Supervisor Non-Exempt Financial Analyst Non-Exempt Accounting Analyst Non-Exempt Risk Management Specialist Non-Exempt User Support Coordinator Non-Exempt Telecommunications Technician Non-Exempt Administrative Supervisor Non-Exempt CERT Program Coordinator Non-Exempt' CONFIDENTIAL Paralegal Non-Exempt Executive Secretary Non-Exempt Human Resource Assistant Non-Exempt Legal Secretary Non-Exempt Administrative Assistant Non-Exempt Receptionist Non-Exempt Page 16 of 19 APPENDIX "B" Health, Welfare, and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. A. Effective August 1, 2008, the City implemented a Preferred Provider option of the existing health plan, Blue Cross/Blue Shield medical Plan V-A. Effective January 1, 2009, the City implemented a change to Blue Cross/Blue Shield medical Plan V-B Preferred Provider Option with a $200 Deductible. The City established an HRA VEBA for each employee covered by this resolution and began contributing I% of salary for the employee to coincide with the January 1, 2009 medical plan change. Effective April 1, 2011, the City implemented a change in health benefit providers to Pacific Source Health Care. The Plan was underwritten to provide the same benefit levels as our previous health plan (Blue Cross/Blue Shield medical Plan V-B Preferred Provider Option with a.$200 Deductible). . The City implemented a change to Pacific Source Vision coverage and employees will be offered the choice of two dental plans—Pacific Source incentive dental which matches the previous ODS Dental Plan, and Willamette Dental Plan. Effective July 1, 2012, the City increased the contribution to HRA VEBA to an amount equal to 2% of salary for each employee covered by this resolution. The City provides medical, dental and vision coverage for employees and their eligible dependents. New employees will begin coverage on the first day of the month after they are hired. The City will pay 95% of the total monthly health premium (Medical, dental and vision), with the employee paying the remaining 5% on a pre-tax basis. The City reserves the right to make funding decisions regarding our health benefit program which may include self-insurance. We will strive to retain equivalent benefit offerings wherever feasible. If the decision is made to self-insure health benefits, management & confidential employees will have a voice regarding changes made to the program through designated representatives on the Benefits Advisory Committee. B. Reimbursement for preventative/wellness medical costs as provided in the city's Wellness Program. Page 17 of 19 APPENDIX "B" Health Welfare & Retirement Benefits Pape: Two 2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3. Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each qualified dependent of an employee. 4. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. 5. Social Security. Contributions to Social Security as required by law. 6. Medical Insurance for Retirees. All employees retiring from city employment and their eligible dependents will have the option of continued participation in the city's medical insurance program at the same monthly group premium as active employees. The retiree must be actively covered under the city's group plan at the time of retirement to be eligible for continued retiree coverage. Retirees must make their health insurance payment to the city on or before the 15`h of the month prior to the covered month to continue health coverage. The right to participate and medical coverage ceases when the retiree or their eligible dependent(s)become Medicare-eligible at age 65. Any employee retiring in a position covered by this resolution who has 15 or more years of service and who is Medicare-eligible at the time of retirement, shall be provided with Blue Cross Preferred Choice 65/ Plan C, or equivalent plan selected by the city. The city will pay the premium for the retiree. The retiree must have been participating in the city's group plan at the time of retirement to be eligible for this benefit. Early retirees who retire in a position covered by this resolution, and have 15 or more years of service, and are at least age 60 at retirement shall receive a monthly check equal to the amount paid for Blue Cross Preferred Choice 65/Plan C, or equivalent plan selected by the city, until they become eligible for Medicare at age 65. The retiree must elected continued retiree coverage under the city's group plan to be eligible for this benefit. Once the retiree turns 65 and establishes Medicare eligibility, the city will pay the premium directly to Blue Cross Preferred Choice 65/Plan C or the equivalent plan selected by the city, on the retiree's behalf. Page 18 of 19 APPENDIX "B" Health, Welfare & Retirement Benefits Page: Three Any employee hired on or after July 1, 2008, or hired into management on or after July 1, 2008 will not be eligible to receive retiree benefits under this provision. Employees hired on or before June 30, 2008 will continue to be eligible as long as the criteria for benefit eligibility are met. 7. Deferred Compensation. Deferred compensation in the amount of$40.00 per month in matching funds per employee enrolled in a city deferred compensation program. This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. Page 19 of 19 CITY or -ASH LAN D Council Communication June 19, 2012 Business Meeting Second Reading of an Ordinance Amending the Development Standards for Wireless Communication Facilities in 18.72.180 FROM: Maria Harris, Planning Manager, harrism @ashland.or.us SUMMARY The Council approved first reading of an ordinance amending the Development Standards for Wireless Communication Facilities in 18.72.180 at the June 5, 2012 meeting. The amendments include a third party review of applications for new wireless communication facilities that are not collocated on a structure with existing wireless communication facilities in place. In addition to the standard planning application fee, a fee will be required to reimburse the City for the cost of having the application materials reviewed by an independent contractor with expertise in the technical aspects of wireless communications. The new fee is included in the update of the City's Miscellaneous Fees and Charges, which is another item on the June 19, 2012 agenda. Staff is recommending the fee be structured as a deposit which will be replenished by the applicant should the third party review costs exceed the initial $5,000 required. Any unused portion of the fee will be refunded to the applicant. BACKGROUND AND POLICY IMPLICATIONS: The Planning Commission held a public hearing on October N, 2011, on the amendments to the Development Standards for Wireless Communication Facilities, and recommended approval of the ordinance. After a series of meetings in November and December 2011, the Council approved first reading of the ordinance amendments on June 5, 2012. The links to the previous Council packets and written comments submitted are listed below. • June 5, 2012 City Council Meeting http://www.aslilaiid.or.us/Page.asp?NavlD=14872 • May 14, 2012 City Council Study Session http://w�vw.ash land.or.us/Paae.asp?Nav I D=14819 • December 6, 2011 City Council Meeting http://Nvww.ashland.or.us/Page.asp?NavlD=14498 • November 15, 2011 City Council Meeting littp://www.asliland.or.us/Page.asp?NavlD=l 446 0 • November 1, 2011 City Council Meeting (includes Record of Planning Action 42011-001175) http://www.ashiand.or.tis/Page.asp?NavID=l 4433 Pagel of 2 �r, CITY OF ASHLAND Fee for Third Party Review In addition to the standard planning application fee, a fee will be required with applications for new wireless communication facilities that are not collocated on a structure with existing wireless communication facilities in place. The fee will be used by the City to hire an independent contractor with expertise in the technical aspects of wireless communications to review and prepare a written report regarding the application submittals, as well as for consultation time with the expert. Other potential costs can include review of applications that are amended during the public process and expert testimony at public hearings. At the June 5, 2012 meeting, staff suggested that a resolution would be prepared to establish the new fee for third party review for Council review along with the second reading of the ordinance. Subsequent to the June 5 meeting, there was an opportunity to integrate the fee into the update to the Miscellaneous Fees and Charges Document, which is another item on the June 19, 2012 agenda. The fee is referred to as the "Deposit for Independent Review of Wireless Communication Facilities Application" in the Miscellaneous Fees and Charges Document. Staff recommends setting the initial deposit required with an application at $5,000, with a requirement that if the balance goes below $1,000 upon notification by the City, the applicant is required to replenish the account so the balances is at least $5,000. The maximum total consultant fee to be charged to the applicant is $10,000, and any unused portion of fee would be refunded to the applicant. The requirement to replenish the deposit fee is typically used by municipalities to provide for the possible scenarios in which an applicant may amend the application by submitting new materials which require further review by the technical expert, or the consultant is required to attend meetings to provide testimony. According to Staff's research, the standard review of an application along with the typical amount of consultation is approximately $3,500 to $5,000 in cost. However, if application amendments are numerous or substantial and require additional technical review, or the technical expert is required to attend public hearings, the cost may exceed the initial deposit fee by several thousand dollars. Travel costs associated with attending meetings can be particularly expensive. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the amendments to the Wireless Development Standards, and establishing the new fee for the "Deposit for Independent Review of Wireless Communication Facilities Application" in the Miscellaneous Fees and Charges Document. The ordinance amendments address the Council's interpretation of the collocation requirements in the November 2010 decision, as well as the third party verification requirement. SUGGESTED MOTION: Move to approve the second reading of an ordinance titled, "An ordinance amending the development standards for wireless communication facilities in 18.72.180 of the Ashland Municipal Code and Land Use Ordinance". ATTACHMENTS: Ordinance Page 2 of 2 81FALIN, ORDINANCE NO. AN ORDINANCE AMENDING THE DEVELOPMENT STANDARDS FOR WIRELESS COMMUNICATION FACILITIES IN 18.72.180 OF THE ASHLAND MUNICIPAL CODE AND LAND USE ORDINANCE Annotated to show deletions and additions to the code sections being modified. Deletions are and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland City Council found AMC 18.72.180.C.2 to be ambiguous on its face, and interpreted this standard in the final decision on November 2, 2010 for the appeal of a Planning Action 2009-01244, a request to install rooftop wireless communications facilities on the existing building located at 1644 Ashland Street; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code and Land Use Ordinances based on the final decision of the City Council on Planning Action 2009-01244 at a duly advertised public hearing on October 11, 2011, following deliberations, recommended approval of the amendments unanimously; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearings and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. Rage 1 of 8 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 18.72.180 [Development Standards.for Wireless Communication Facilities] is hereby amended to read as follows: SECTION 18.72.180 Development Standards for Wireless Communication Facilities. A. Purpose and Intent - The purpose of this section is to establish standards that regulate the placement, appearance and impact of wireless communication facilities, while providing residents with the ability to access and adequately utilize the services that these facilities support. Because of the physical characteristics of wireless communication facilities, the impact imposed by these facilities affect not only the neighboring residents, but also the community as a whole. The standards are intended to ensure that the visual and aesthetic impacts of wireless communication facilities are mitigated to the greatest extent possible, especially in or near residential areas. B. Applicability. 1. All installation of wireless communication systems shall be subject to the requirements of this section in addition to all applicable Site Design and Use Standards and are subject to the following approval process: Zoning Designations Attached to Alternative Freestanding Existing Structures Support Structures Structures Residential Zones CUP Prohibited Prohibited C-1 CUP CUP Prohibited C-1-1) (Downtown) CUP Prohibited Prohibited C-1 - Freeway overlay Site Review Site Review CUP E-1 Site Review Site Review CUP M-1 Site Review Site Review CUP SOU Site Review CUP CUP NM (North Mountain) Prohibited Prohibited Prohibited Historic District CUP Prohibited Prohibited A-1 (Airport Overlay) CUP CUP CUP Page 2 of 8 HC (Health Care) CUP Prohibited Prohibited CM-NC CUP CUP CUP CM-OE Site Review Site Review CUP CM-Cl Site Review Site Review CUP CM-MU CUP CUP CUP CM-OS Prohibited Prohibited Prohibited 2. Additional Provisions. a. In residential zoning districts, wireless communication facilities are permitted on existing structures greater than 45 feet in height. For the purposes of this section, existing structures shall include the replacement of existing pole, mast or tower structures (such as stadium light towers) for the combined purposes of their previous use and wireless communication facilities. b. In the Downtown Commercial zoning district (C-1-1)), wireless communication facilities are permitted on existing structures with a height greater than 50 feet. C. With the exception of the C-1-1) zoning district as described above, wireless communication facilities are prohibited in the Historic Districts, as defined in the Comprehensive Plan. 3. Exemptions. Replacement of previously approved antennas and accessory enuipment are permitted outright with an approved building permit, and are allowed without a Site Review or Conditional Use Permit as specified in the preceding subsection, provided that these actions: a. Do not create an increase in the height of the facility; and b. Conforms with the conditions of the previously approved planning action; and c. Do not cause the facility to go out of conformance with the standards of Section 18.72.180.D. R C. Submittals - In addition to the submittals required in sSection 18.72.060, the following items shall be provided as part of the application for a wireless communication facility. 1. A photo of each of the major components of a similar installation, including a photo montage of the overall facility as proposed. 2. Exterior elevations of the proposed wireless communication facility (min 1"=10'). 3. A set of manufacturers specifications of the support structure, antennas, and accessory buildings with a listing of materials being proposed including colors of the exterior materials. 4. A site plan indicating all structures, land uses and zoning designation within 150 feet of the site boundaries, or 300 feet if the height of the structure is greater than 80 feet. 5. A map that includes the following information: a. the coverage area of the proposed wireless communication facility; and b_A map showing the existing and approved wireless communication facility sites operated by the applicant, and all other wireless communication facilities within a 5 mile radius of the proposed site. 6. Details and specifications for exterior lighting. Page 3 of 8 6 7.A collocation feasibility study that adequately indicates eolleention efforts were Fn and states the reasons eoll ention eon or cannot oeeuraddressing the Collocation Standards in Section 18.72.180.D.3. 8. For applications requesting approval of installation of new wireless communication facilities that are not collocated on a structure used by one or more wireless communications providers, an applicant shall submit, along with the standard application fee, an additional fee to reimburse the City for the cost of having the application materials reviewed by an independent contractor. The contractor must provide objective advice based on professional qualifications and experience in telecommunication/radio frequency engineering, structural engineering, assessment of electromagnetic fields, telecommunications law, and other related fields of expertise. The fee for this independent analysis of application materials shall be in an amount established by resolution of the City Council. 7 9.A copy of the lease agreement for the proposed site showing that the agreement does not preclude collocation. 8 10.Documentation detailing the general capacity of the tower in terms of the number and type of antennas it is designed to accommodate. 9 11.Any other documentation the applicant feels is relevant to comply with the applicable design standards. 410 12.Documentation that the applicant has held a local community meeting to inform members of the surrounding area of the proposed wireless communication facility. Documentation to include: a. a copy of the mailing list to properties within 300' of the proposed facility. b. a copy of the notice of community meeting, mailed one week prior to the meeting. c. a copy of the newspaper ad placed in a local paper one week prior to the meeting. d. a summary of issues raised during the meeting. C D. Design Standards - All wireless communication facilities shall be located, designed, constructed, treated and maintained in accordance with the following standards: 1. General Provisions a. All facilities shall be installed and maintained in compliance with the requirements of the Building Code. At the time of building permit application, written statements from the Federal Aviation Administration (FAA), the Aeronautics Section of the Oregon Department of Transportation, and the Federal Communication Commission that the proposed wireless communication facility complies with regulations administered by that agency, or that the facility is exempt from regulation. b. All associated transmittal equipment must be housed in a building, above or below ground level, which must be designed and landscaped to achieve minimal visual impact with the surrounding environment. c. Wireless communication facilities shall be exempted from height limitations imposed in each zoning district. d. WC F Wireless communication facilities shall be installed at the minimum height and mass necessary for its intended use. A submittal verifying the proposed height and mass shall be prepared by a licensed engineer. e. Lattice towers are prohibited as freestanding wireless communication support structures. Page 4 of 8 e f. Signage for wireless communication facilities shall consist of a maximum of two non- illuminated signs, with a maximum of two square feet each stating the name of the facility operator and a contact phone number. €g.Applicant is required to remove all equipment and structures from the site and return the site to its original condition, or condition as approved by the Staff Advisor, if the facility is abandoned for a period greater than six months. Removal and restoration must occur within 90 days of the end of the six month period. It. All new wireless communication support structures shall be constructed so as to allow other users to collocate on the facility. 2. Preferred Designs. The following preferred designs are a stepped hierarchy, and the standards shall be applied in succession from subsection a to e, with the previous standard exhausted before moving to the following design alterative. For the purpose of Section 18.72.180, feasible is defined as capable of being done, executed or effected; possible of realization. A demonstration of feasibility requires a substantial showing that a preferred design can or cannot be accomplished. a. Collocation. Where possible, the use of existing MICF sites for new instfilintion shall be encouraged. Collocation of new facilities on existing facilities shall be the preferred option. Where technically feasible, collocate new facilities on pre- existing structures with wireless communication facilities in place, or on pre- existing towers. b. Attached to Existing Structure. If (a) above is not feasible, MIC F wireless communication facilities shall be attached to pre-existing structures, when feasible. c. Alternative Structure. If(a) or (b) above are not feasible, alternative structures shall be used with design features that conceal, camouflage or mitigate the visual impacts created by the proposed •'„'I wireless communication facilities. d. Freestanding Support Structure. If (a), (b), or (c) listed above are not feasible, a monopole design shall be used with the attached antennas positioned in a vertical manner to lessens the visual impact compared to the antennas in a platform design. Platform designs shall be used only if it is shown that the use of an alternate attached antenna design is not feasible. e. Lattiee towers are prohibited as freestanding wireless eommuniention supper Sstr uetur2s 3. Collocation Standards. a. The collocation feasibility study shall: 1) document that alternative sites have been considered and are technologically unfeasible or unavailable; 2) demonstrate that a reasonable effort was made to locate collocation sites that meet the applicant's service coverage area needs; and 3) document the reasons collocation can or cannot occur. b. Relief from collocation under this section may be granted at the discretion of the approving authority, if the application and independent third party analysis demonstrate collocation is not feasible because one or more of the following conditions exist at prospective collocation sites: i. a significant service gap in coverage area. Page 5 of 8 ii. sufficient height cannot be achieved by modifying existing structure or towers. iii. structural support requirements cannot be met. iv. collocation would result in electronic, electromagnetic, obstruction or other radio frequency interference. 3 4.Landscaping. The following standards apply to all WC wireless communication facilities with any primary or accessory equipment located on the ground and visible from a residential use or the public right-of-way. a. Vegetation and materials shall be selected and sited to produce a drought resistant landscaped area. b. The perimeter of the MVC-F wireless communication facilities shall be enclosed with a security fence or wall. Such barriers shall be landscaped in a manner that provides a natural sight obscuring screen around the barrier to a minimum height of six feet. c. The outer perimeter of the W&R wireless communication facilities shall have a 10 foot landscaped buffer zone. d. The landscaped area shall be irrigated and maintained to provide for proper growth and health of the vegetation. e. One tree shall be required per 20 feet of the landscape buffer zone to provide a continuous canopy around the perimeter of the "Fwireless communication facilities. Each tree shall have a caliper of 2 inches, measured at breast height, at the time of planting. 4 S.Visual Impacts a. Antennas, if attached to a pre-existing or alternative structure shall be integrated into the existing building architecturally and, to the greatest extent possible, shall not exceed the height of the pre-existing or alternative structure. b. Wireless communication facilities shall be located in the area of minimal visual impact within the site which will allow the facility to function consistent with its purpose. c. Antennas, if attached to a pre-existing or alternative structure shall have a non- reflective finish and color that blends with the color and design of the structure to which it is attached. d. MIG F Wireless communication facilities, in any zone, must be set back from any residential zone a distance equal to twice its overall height. The setback requirement may be reduced if, as determined by the Hearing Authority, it can be demonstrated through findings of fact that increased mitigation of visual impact can be achieved within of the setback area. Underground accessory equipment is not subject to the setback requirement. e. Exterior lighting for a I G wireless communication facility is pennitted only when required by a federal or state authority. f. All wireless communication support structures must have a non-reflective finish and color that will mitigate visual impact, unless otherwise required by other government agencies. g. Should it be deemed necessary by the Hearing Authority for the mitigation of visual impact of the "�F wireless communication facility, additional design measures may be required. These may include, but are not limited to: additional camouflage Page 6 of 8 materials and designs, facades, specific colors and materials, masking, shielding techniques. • Ti ....1. ..dd:tion of an .:t..nno to an :sting MIC-F requires a building p init unless the addotional antenna iner-enses the height of the faeffity more than ten feel. D. &,!I Onstallation of wireless eammuniention systems shall be subjeet to the irequir-effients of this seetion in addition to all applienble Site Design and Use Standards and Or- Zoning Designations Attsehed-to 7'ti♦llterna Live FreestandinC ENistin Struetures Support SEraetures Struetures Residential Zonesm CU Prohibited Prohibited C-4 COT CUP Prohibited CUP Prohibited Prohibited r 1 P......1...... .. er1.... Site Review Site Review C—Up Site Revie C:t. Review CUP 141-1 SitCliCYieA SiteRevieW CUF SOU Site review CVP CUP NM (North Mountain) Erehibite Prohibited Prohibited m CUP Prohibited Prohibited A I (Airport Overlay) CUP CU-P CUP 1'C ' CUP Prohibited Prohibited C}YI NE CU-R CUP CUP G%4 OE Site Revie Site Review CUF C141_CI Site°c,,ieA Site Review Cj4P CAI AW CUP CUP CUR CM OS Prohibited Prohibited Prohibited SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Page 7 of 8 SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1, 22-23) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 12012, and duly PASSED and ADOPTED this day of 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_day of , 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 8 of 8 CITY OF ASHLAND Council Communication June 19, 2012 - Business Meeting First Reading of two ordinances amending the setback requirements for the keeping of chickens. FROM: Brandon Goldman, Senior Planner, Brandon.Goldman @ashland.or.us SUMMARY Under the Ashland Municipal Code, chickens must be kept a minimum of 75 feet from adjoining dwellings within the City of Ashland. The ordinance amendments propose to reduce the distance between chickens and adjacent dwellings from the existing 75 foot requirement, to twenty feet (20'), and establish a new requirement that chickens, and the structures that house them, can be no closer than ten feet (10') from an adjoining property line. BACKGROUND AND POLICY IMPLICATIONS: The City Council held a public hearing on April 17, 2012, and approved three ordinances adopting several new "Green Code" amendments, including new provisions for the keeping of chickens. During deliberations the Council amended the final ordinances to maintain a pre-existing requirement that chickens be kept a minimum of 75 feet from adjoining dwellings. In consideration of this specific change the Mayor exercised his veto for the ordinances. This veto was ultimately not upheld by the City Council on May I" and as such the prior ordinance amendments went into effect on May 17`h of this year. In their discussions the Council directed Staff to return with new ordinance language specifically addressing the setback requirements for chickens and the structures that house them. To address the setback requirement two separate sections of the Ashland Municipal Code need to be amended. - The AMC Health and Sanitation Chapter subsection on the Keeping of Animals (9.08.040) currently precludes any poultry from being located within 75 feet of another dwelling. Given the relatively small lot sizes of the typical single family property in Ashland this provision alone limits the ability of the majority of residents from raising chickens for food production. The second code provision to be amended is found within the Land Use Code concerning Accessory Structures and Buildings (Ch. 18.68.140). Amending the Accessory Buildings and Structures subsection is necessary to provide clear standards for the minimum distance between chicken enclosures (coops and runs) and property lines as well as the distance from adjacent dwellings. FISCAL IMPLICATIONS: N/A Page ] of 2 �`, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: In evaluating the 10 foot setback from an adjoining property line, in combination with a reduced setback from adjacent dwellings, it is evident that such amendments would provide increased opportunities for the keeping of chickens upon Ashland's single family properties. Staff recommends Council approve First Reading of the ordinances as amended. SUGGESTED MOTION: To independently address each of the two ordinances presented for consideration,the City Council must make two separate motions. 1. I move to approve the first reading of an ordinance titled, An Ordinance Amending the General Regulations Chapter (18.68) of The Ashland Land Use Ordinance to Establish Setback Requirements for Chicken Coops and Chicken Runs, and schedule the second reading for July 17, 2012. 2. I move to approve the first reading of an ordinance titled, An Ordinance Establishing Provisions within the Health and Sanitation Chapter(9.08) Of the Ashland Municipal Code for the Keeping of Chickens within Residential Districts and schedule second reading for July 17, 2012. ATTACHMENTS: • Ordinance amending the General Regulations Chapter (18.68) of the ALUO • Ordinance amending the Health and Sanitation Chapter (9.08) of the Ashland Municipal Code Page 2 of 2 �`, ORDINANCE NO. AN ORDINANCE AMENDING THE GENERAL REGULATIONS CHAPTER (18.68) OF THE ASHLAND LAND USE ORDINANCE TO ESTABLISH SETBACK REQUIREMENTS FOR CHICKEN COOPS AND CHICKEN RUNS Annotated to show deleHens and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City Council amended the Ashland Municipal Code and Land Use Ordinances to provide standards for the keeping of chickens and requirements for chicken coops and chicken runs on April 17'h, 2012; and WHEREAS, the City Council has determined that special attention to how chickens can be successfully integrated into residential neighborhoods is required to avoid negative impacts to neighbors or a nuisance to the community; and WHEREAS, the City Council has determined that a minimum setback from an adjoining property line, in combination with a reduced setback from adjacent dwellings, will provide increased opportunities for the keeping of chickens; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to promote local food production and increased self sufficiency; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 17, 2012; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary Page 1 of 4 to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 18.68.140 [Accessory Buildings and Structures] is hereby amended to read as follows: 18.68.140 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the following limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. B. A guest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guest house. C. A chicken coop and a chicken run may be maintained accessory to a single family dwelling in a residential district provided the following conditions are met: 1) No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000) square feet in area; 2) No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty(20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, 3) No roosters shall be kept on the property at any time. 4) Chicken coops and chicken runs shall be constructed as follows: a) they shall not be located in a required front yard. side or renir yard only, and shall be at least seventy five (75) feet fre dwellings on adjoining properties. b) they shall be setback a minimum of ten (10) feet from abutting properties. c) they shall be at least twenty (20) feet from dwellings on adioining properties. b d) structures shall not exceed six (6) feet in height. e- e) chicken coops shall not exceed forty(40) square feet in area, or four(4) square feet per chicken, whichever is greater. d I) chicken runs, as enclosed outdoor structures, shall not exceed one hundred (100) square feet in area, or ten (10) square feet per chicken, whichever is greater. Page 2 of 4 Delete Graphic--,_._ 3 mum Copp setback Gnicken 10 ,0 4D The keeping of chickens, and the maintenance of their environment, shall be in accordance with Keeping of Animals chapter of the Ashland Municipal Code (Ch. 9.08.040). D. Mechanical equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment and associated enclosures, no taller than allowed fence heights, may be located within required side or rear yards, provided such installation and operation is consistent with other provisions of this Title or the Ashland Municipal Code, including but not limited to noise attenuation. Any installation of mechanical equipment shall require a building permit. E. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this Title or the Ashland Municipal Code, and as follows: 1) Rain barrels shall not exceed six (6) feet in height; and 2) Rain barrels shall be located so that a minimum clear width of three (3) feet is provided and maintained between the barrel and property line; and 3) Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight; and Page 3 of 4 4) Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. F. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height. Any conversion of such accessory structure to an accessory residential unit shall conform to other requirements of this Title for accessory residential units, including any required planning action and/or site review. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance .are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance"may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections I, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of '12012, and duly PASSED,and ADOPTED this day of 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 ORDINANCE NO. AN ORDINANCE ESTABLISHING PROVISIONS WITHIN THE HEALTH AND SANITATION CHAPTER (9.08) OF THE ASHLAND MUNICIPAL CODE FOR THE KEEPING OF CHICKENS WITHIN RESIDENTIAL DISTRICTS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United-States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, Section 9.08.040 of the Municipal Code regulates the keeping of animals within the City; and WHEREAS, the City Council has determined that special attention to how chickens can be successfully integrated into residential neighborhoods is required to avoid negative impacts to neighbors or a nuisance to the community; and WHEREAS, the current Municipal Code makes it unlawful to keep chickens and other poultry within 75 feet of another dwelling; and WHEREAS, the City Council amended the Ashland Municipal Code Health and Sanitation Chapter 9.08 establishing new standards for the keeping of chickens on April 17`h, 2012; and WHEREAS, the City Council has determined that a minimum setback from an adjoining property line, in combination with a reduced setback from adjacent dwellings, will provide increased opportunities for the keeping of chickens; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 19, 2012; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary Pagel of 4 to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The purpose of these ordinance amendments is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep chickens in residential zones while amending the standards and requirements to ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. SECTION 3. AMC Chapter 9.08.040[Health and Sanitation: Keeping of Animals] is hereby amended to read as follows: 9.08.040 Keeping of Animals A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three(3) dogs over the age of three (3) months on any one (1) parcel or tract of land. B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.20.020, keeping or maintaining swine commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 2. No more than one such pig shall be kept at any one parcel or tract of land. 3. Such pigs shall: a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another if such other person has given express permission; b. Be confined to a car or truck when off property where otherwise confined; or c. Be on leash not longer than six feet in length. 4. Such pigs shall be kept in accordance with the standards of minimum care for domestic animals as set forth in ORS 167.310. 5. Notwithstanding any of the above, no such pig shall be allowed in any park. C. No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling, except that chickens may be kept or maintained even within said seventy-five (75) foot buffer zone provided each of the following requirements is continuously met inside the buffer zone: 1. No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000) square feet in area; Page 2 of 4 2. No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, 3. No chickens shall be allowed on properties containing multi-family complexes, including duplexes; 4. In residential zones chickens shall be kept for personal use only, and not for the commercial exchange of goods or commodities with the exception of the sale of surplus eggs directly to the end consumer. 5. No roosters shall be allowed; 6. Chickens must be secured at all times and located at least sevevnty-five—twenty (20) feet(75'-) from dwellings on adjoining properties: a. During non-daylight hours a secure chicken coop shall be provided to protect chickens from predators; b. Chickens shall be located in a chicken run that meets the requirements of AMC 18.68.140(C)(2) or in a securely fenced bae#ynrdl area at least ten (10) feet from neighboring properties; 7. To protect public health, the areas in which chickens are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: a. Chicken feed must be kept in rodent- and raccoon-proof containers; b. Chicken manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on any one property housing chickens; and iii. All manure not used for composting or fertilizing shall be removed; 8. Chicken coops and runs shall be built in compliance with AMC 18.68.140(C)(2) and with all applicable building and zoning codes; 9. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock shall not apply to the keeping of chickens or the buildings and structures that house chickens. 10. Noise resulting from the keeping or maintaining of chickens must not exceed the limitations set forth in AMC 9.08.170. D. No person shall keep or maintain rabbits within one hundred (100) feet of another dwelling or within seventy-five (75) feet of a street or sidewalk. E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within one hundred fifty (150) feet of a street or sidewalk. F. No person shall keep or maintain a stable within one hundred (100) feet of another dwelling. Page 3 of 4 G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. I. Keeping of animals is a Class 111 violation. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1- 2, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2012, and duly PASSED and ADOPTED this day of 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _day of , 2012. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4