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HomeMy WebLinkAbout2013-0507 Council Agenda PACKET CITY OF ASHLAND m IpOrfarl t ~ Any citizen may orally aAdiess [he Council on non agenda items dunng`the Public Fdmm My citizen may submit,wntten r "s' c,r. . comments to the Council on an'y nem on the Agenda, unless rt is the sublec[ of a public hMi-i and the record is closed Tune permrttmg, the - P esiding Officer may allow oral testimony. If you wish to speak, please fill out the"Speaker Request form located near the entrance"to the Council Chambers The char` will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the notate of the item under discussion, the number of people who w(sh to speak, and the length of ttie agenda" AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 7, 2013 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 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of April 15, 2013 2. Executive Session of April 15, 2013 3. Business Meeting of April 16, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of May as National Historic Preservation Month 2. Presentation by Avista regarding an energy conservation rebate for Fire Station No. 2 VII. CONSENT AGENDA 1. Approval of minutes from committees, and commissions ,,2. Authorization to proceed with a directly awarded contract for the rehabilitation of the Atkinson Bridge in Lithia Park 3. Public contract award for Electric Cost of Service and Rate Study 4. Public contract award for 4x4 backhoe loader with hydraulic thumb 5. Public contract award for 4x4 backhoe loader with extendable dipper stick 6. Liquor license application for Erik Brown dba Amuse Restaurant 7. Liquor license application for Jamie North dba Mix Sweet Shop COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 8. Liquor license application for Melissa McMillan dba Sammich 9. Approval of a contract amendment for city forestlands prescribed burning 10. Special procurement request for approval for wildfire fuels reduction and education Vlll. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be.continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC §2.04.050}) None. 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 None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Appointment to Audit Committee of a citizen member, a Council liaison, and a Budget Committee liaison 2. Report on crime in Ashland, the enhanced law enforcement area, and use of force by the Ashland Police Department 3. Public Works report on residential 1-inch water meters for fire systems XII. ORDINANCES. RESOLUTIONS AND CONTRACTS None. 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 1-600-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session April 15, 2013 Pagel of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, April 15, 2013 Siskiyou Room, 51 Winburn Way Council Chair Morris called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Slattery, Rosenthal, Marsh, Voisin, and Lemhouse were present. Mayor Stromberg was absent. 1. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 2. Public Works report on readiness for drought years (request of Councilor Voisin) Public Works Director Mike Faught explained the factors staff looked at regarding drought readiness were supply sites, conservation, and Reeder Reservoir Drawdown. Variables were snowpack and how much water came into the east and west forks. Ashland Municipal Code regarding Curtailment 14.06.20 Determination of Water Shortage contained water prohibitions and curtailment stages once a water shortage was determined. Initially, the City asked for voluntary curtailment and if that failed, implemented water curtailment in stages. Curtailment stages 1-3 included restricted water allocation and surcharges four times the normal water rate when water use exceeded the allotment. Stages 4 and above increased the surcharge ten times the water rate. During September and October 2009, the City spent $46,000 in additional cost and substantial revenue. Mr. Faught addressed the impact from climate change. Typically, snowpack lasted through late May early June and covered water supply September to early October. The climate change model showed snowpack ending April-May creating less water during September. During the Water Master Plan development, staff looked at alternatives like the TID (Talent Irrigation District), TAP (Talent-Ashland- Phoenix), and wells. 3. Economic Development Strategy, Phase Two implementation plan Project Manager Adam Hanks explained the proposed expenditure of $50,000470,000 in the Draft Priority One Actions, 3.3 Create a coordinated economic development information and marketing plant to maximize public communication tools would go towards creating a resource center for Small Business Development Center (SBDC). The center would host news items, events, training opportunities and serve as a repository for data sources. The Chamber of Commerce would provide some elements separately. Staff looked at the City of Charlotte, OR in terms of a model to base the resource center on and another city he would forward information on following the meeting. Currently they did not have an organized benchmark for monitoring the health of local business and the economy annually. Staff did have business license data, and information from the Chamber of Commerce. Monitoring business health was in the document but not as a specific action item. The $50,000470,000 was a ballpark estimate on what staff would spend. City Administrator Dave Kanner added these were onetime costs with approximately $20,000 going to portal development and $30,000 to marketing. Mr. Hanks addressed Brammo and Oregon Shakespeare Festival (OSF) moving each of their expansions to Talent. Brammo was moving into the former Wal-Mart building, gaining 90,000 square feet that their previous site in Ashland could not accommodate. It was also less expensive. Apparently, OSF experienced topographic issues with a possible site in Ashland. Moving their expansion to Talent was easier, and the property was flatter. City Council Study Session April 15, 2013 Page 2 of 3 Growth beyond what Ashland had to offer would occur. Retaining the business in the valley was productive to the region. Council and staff discussed the Mayor's proposed additions to the Economic Development Strategy. The Mayor was willing to change the word "cultivate" to "support" in his proposed eighth strategy objective. Mr. Kanner noted some of the Priority One Action items accepted by Council, would be in the budget for the first year of the biennium. The Mayor's item had no budget impact at this time. Council decided to wait until the Mayor was present to discuss his proposed strategy. Staff clarified the Economic I Development Strategy was funded through a portion of the TOT (Transient Occupancy Tax) that also covered SOREDI fees and partial salary. The typical annual allocation for economic development was $110,000. Council thought drafting an ordinance for the Jobs Commission item were premature and needed further discussion. Staff responded the initial draft was for the purpose of discussion. The funds in the budget would purchase staff time and workforce partnerships to tap into existing skill sets. Council suggested having a Study Session regarding the Jobs Commission as an intermediary step. Another suggestion was incorporating all the areas that touched on economic development activities under the umbrella of the Economic Development Strategy Plan. Also suggested was adding AFN's (Ashland Fiber Network) 5- Year Plan or achievable portions of the plan to the Council's objective to further internet businesses. Council wanted to establish some form of exit interviews for businesses leaving the area. Another suggestion regarding the Jobs Commission included a Study Session with Jackson County Job Council and Oregon Action. Council and staff discussed requiring occupancy data on the TOT statement sent to the lodging community instead of having the request optional. Citizen input suggested using the electronic filing system the state used to gather occupancy data. Mr. Hanks explained how 6.5 Evaluate land availability for business expansion on lands on or adjacent to existing businesses under the Draft Priority One Actions was retention driven. Council stressed the need to develop a metric that measured outcomes and success. Staff thought conducting the Business, Retention & Expansion Survey on a regular basis using key questions would trend responses. Council suggested adding a column to the Economic Development Strategy Plan for return of investment to measure results. Council directed staff to create a dashboard of business information, add AFN expansion plans to the Economic Development Strategy, and add objectives specific to business retention. Council and staff discussed the potential difficulties conducting exit interviews with businesses that were closing. Staff would talk to the Chamber of Commerce regarding exit interview processes. Council consensus supported adding a key metric column to each action item in the Economic Development Strategy Plan. 4. Discussion of application of lodging tax and business license requirements for short-term vacation rentals by owners (request of Councilor Voisin) City Attorney Dave Lohman explained the business license tax and lodging tax as currently written applied to vacation rentals but could be clearer. He went on to note scribner's errors, using Travelers Accommodations to remain consistent with the Land Use Ordinance, and adding rental activity to Definitions. City Council Study Session April 15, 2013 Page 3 of 3 City Administrator Dave Kanner addressed code violation enforcement. The City would receive a complaint and proceed to gather evidence. The code officer would confirm the violation and send a warning letter via certified mail, stating how ther recipient could come into compliance. If the person making the violation came into compliance, that would end the matter. If they did not comply by the deadline given or had a plan to cure the violation that was acceptable to the City they received a citation. Once cited, it went through the court. The maximum penalty was $600 per day for each day they were in violation, after citation. The Judge would make the determination and might not impose anything. Violations in R-1 Zones would have to cease and desist. Code violations in other areas became time consuming and Council could provide direction to the code enforcement officer. Mr. Kanner thought it would be easy to track down code violators through advertising. If Council approved the ordinances, the offender would have to get a business license and start paying TOT (Transient Occupancy Tax) to remain in compliance. Council wanted to make the rules extremely clear, treat every hotel, Bed and Breakfast, VRBO as a tourist accommodation, require them to have business licenses and pay TOT. The community needed to understand who could be legal, what they needed to do to be legal, and if they were not, expect the City to come after them, no more negotiations. Council did not come to an agreement regarding collecting taxes retroactively from people operating illegally. Mr. Lohman would put it in the proposed ordinance and Council could amend if needed. Council would also submit changes to Mr. Lohman. 5. Update from ad hoc committee on Parks funding (request of Councilor Marsh) Councilor Marsh explained the committee had a tentative recommendation to establish a reserve fund. The Committee would meet in two weeks to finalize short-term recommendations before looking at the long term. Meeting adjourned at 7:12 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING April 16, 1013 Page I of5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 16, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Council Chair Morris called the meeting to order at 7:03 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Lemhouse, Slattery, Rosenthal, and Marsh were present. Mayor Stromberg was absent. MAYOR'S ANNOUNCEMENTS None APPROVAL OF MINUTES The minutes of the Study Session of April 1, 2013 were approved as presented. Councilor Rosenthal made the following correction and clarification to the Business Meeting of April 2, 2013. On page 3, the third sentence in the discussion under the motion regarding Community Development Block Grant funds awards, he indicated "Housing Commission" should be replaced with "staff's" so the sentence read, "Council Rosenthal was not comfortable shifting funds from staff's recommendation but supported the agencies that applied." On page 4, the fourth sentence in the discussion under the motion to amend the community Quality of Life Goal, bullet #2, Councilor Rosenthal clarified the word "but" should be "and" to read, "Councilor Rosenthal would support the motion and was uncomfortable with the word poor." The minutes of the Business Meeting of April 2, 2013 were approved with changes noted. SPECIAL PRESENTATIONS & AWARDS Council Chair Morris presented Roberta Stebbins with the Annual Ragland Volunteer Spirit Award. Ms. Stebbins read an acceptance speech submitted into the record. The Mayor's proclamations of April as Fair Housing Month and May 4-11, 2013, as Firewise Week were read aloud. Firewise Coordinator Ali True and Vice Chair of the Firewise Commission Kathy Kane thanked Recology for their participation and contributions during the previous Green Clean Free Day and announced the next one would occur May 5, 2013. Michael Cavallaro, the Director of the Rogue Valley Council of Government (RVCOG) presented the annual report. CONSENT AGENDA 1. Approval of minutes from committees, and commissions 2. 2013 annual appointments to city commissions and committees Councilor Slattery pulled Consent Agenda item #2 to confirm the Parks Commission Liaison to the Forest Lands Commission was a voting position and the title should read Parks Commission Representative instead of Liaison. Staff will update the title from Liaison to Representative. Councilor Slattery/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None ASHLAND CITY COUNCIL MEETING April 16, 2013 Page 2 of S PUBLIC FORUM None UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Council consideration of a grant application for a Help Center for those in need, including the homeless, in Ashland City Administrator Dave Kanner provided history on the grant solicitation. Councilor Marsh worked with Mr. Kanner and the Mayor on an application that was reviewed during the April 1, 2013 Study Session. The revised document was before Council for approval. Dr. Joel Feiner/593 Prim Street/Addressed homelessness and explained that everyone was similar and needed food, shelter, clothing, nurturing, and support. Some aspects were different and each person had their own trajectory that made them unique. Referring to others as "them" made people forget the similarities. He encouraged Council to remember the likenesses when dealing with homeless people or those in need. Councilor Voisin suggested removing the word "qualified" from the first sentence and adding "faith communities" so the sentence read, "The City of Ashland seeks applications for grant funding from nonprofits or faith communities..." Council agreed with the change. She went on to note concern regarding the use of the word sustain in the same sentence "...with the expectation that the successful applicant will sustain the Help Center beyond the initial two-year period with non-City resources," and thought it should go under criteria for rating applications as well. Council discussed their interpretations of the expectation and noted under the Required narrative responses section, the application asked how the applicant would sustain funding beyond the two-year City grant period. Mr. Kanner clarified CDBG (Community Development Block Grant) was technically federal money, Ashland was an entitlement jurisdiction and guaranteed a specific amount of money each year. Council added CDBG to the second sentence in the Funding section of the application so it read, "Future funding requests will be incorporated into the City's Human Services grant process and/or Community Development Block Grant funding." Councilor Lemhouse/Slattery m/s to direct staff to advertise the approved grant application for the provision of a Help Center in Ashland. DISCUSSIOIN: Councilor Lemhouse hoped they would receive applications for a decentralized facility. He thought there were resources available that needed a coordinating body to ensure people knew they existed. Councilor Slattery wanted a mission statement. He also wanted to pursue an idea he and Councilor Lemhouse had regarding a Jobs Council or Commission that would provide one-day or one-week labor positions in Ashland. Councilor Slattery/Marsh m/s to.amend the motion to add for consideration a Jobs Bank within the concept of the Help Center. DISCUSSION: Councilor Marsh explained the ad hoc Homelessness Steering Committee (HSC) was hesitant to add a Jobs Commission to the application because it was an expansive responsibility for applicants and suggested adding it to Services Wanted. Councilor Lemhouse supported the amendment, having the City move forward on a Jobs Commission might alleviate possible concerns applicants had. Mr. Kanner suggested adding language under the first bullet on page two of the application that spoke to desired services asking for job skiIIs/assessment/employment preparation/job placement via a job bank or other appropriate means. Councilor Slattery added the City could involve the Chamber of Commerce, the business community, and others. Councilor Voisin wanted an employment analysis conducted prior to voting. ASHLAND CITY COUNCIL MEETING April 16, 2013 Page 3 of 5 City Attorney Dave Lohman explained the amendment did not comport well with the original motion and it would be simpler to withdraw the motion and make a new one that added the words "and placement" instead. Councilor Slattery withdrew the motion with Councilor Marsh's permission. Councilor Slattery/Lemhouse m/s move to amend the motion to direct staff to advertise the approved grant application for the provision of a Help Center in Ashland with a proposed modification in the Desired Services to include "and placement" after job skills assessment/ employment preparation. DISCUSSION: Councilor Lemhouse noted unemployment in Jackson County was 12%. The Ashland Emergency Food Bank served 500 families a month with only a small percentage of homeless clients. Additionally, people who were homeless wanted the opportunity of having ajob. Roll Call Vote: Councilor Slattery, Lemhouse, Morris, Marsh, Rosenthal, and Voisin, YES. Motion passed. Councilor Voisin/Marsh m/s to amend the RFP in places where needed, to replace the words "qualified nonprofit social services" to read "nonprofit agencies or faith communities." And add under funding CDBG funds where necessary." Roll Call Vote: Councilor Lemhouse, Voisin, Marsh, Morris, Rosenthal, and Slattery, YES. Motion passed. FURTHER DISCUSSION ON THE MAIN MOTION: Councilor Voisin wanted the RFP to address that every citizen had the right to have his or her basic needs of shelter, food, healthcare, and hygiene met before looking for a job. Councilor Marsh added the most important quality in the application was flexibility. Mr. Kanner clarified staff and Council would review applications based on the following criteria: 1. Organizational stability and solvency 2. Demonstrated history of providing similar services 3. Extent to which the proposal meets grant objectives 4. Ability to work cooperatively with other area non-profits in area of interest Councilor Voisin thought there should be more substance to the criteria. Mr. Kanner explained the intention was to allow. Council maximum flexibility in determining the grant award and not constrict them by becoming too specific in the criteria. This was not a formal bid process but ajudgment call on Council's part as to who they believed would do the best job based on narrative responses.' Councilor Slattery commented the City was looking to improve the current situation and hoped it became a vital part of the community by the end of the two years. Councilor Voisin/Rosenthal m/s to call for the question. Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Rosenthal, Slattery, and Marsh, YES. Motion passed. Roll Call Vote on the main motion as amended: Councilor Marsh, Slattery, Rosenthal, Voisin, Lemhouse, and Morris, YES. Motion passed. Council and staff discussed the RFP review process. Council supported a Study Session or Special Meeting to review applications with a decision made the following night during the business meeting. Another suggestion was having applicants attend the Study Session and give a 3-4 minute presentation. Councilor Lemhouse/Marsh m/s to have a Study Session where grant applicants are invited to present their application to the full Council and where the full Council will consider their application and make a decision during the following Council meeting. Councilor Marsh/Slattery m/s to amend the motion to specify the ad hoc Homelessness Steering. Committee review and provide comments on the applicants to the Council. Roll Call Vote: Councilor Voisin, Lemhouse, Slattery, Rosenthal, Marsh, and Morris, YES. Motion passed. ASHLAND CITY COUNCIL MEETING April 16, 2013 Page 4 of S Roll Call Vote on the main motion as amended: Councilor Marsh, Rosenthal, Morris, Slattery, Lemhouse, and Voisin, YES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Resolution titled, "A resolution extending the term and defining the responsibilities of the ad hoc Homelessness Steering Committee" City Administrator Dave Kanner provided the background on the ad hoc Homeless Steering Committee (HSC). Connie Wilana/1650 Sunset Street/Explained she was a member of the HSC and read a letter the Committee wrote to the Mayor and Councilor asking for a continuation of 6 months to complete or advance specific projects. If Council continued the HSC; they may need to reappoint members. Regina Ayars/199 Hillcrest/Represented the Housing Commission and read a letter from the Commission regarding a possible transition of the Housing Commission and HSC into a Housing and Human Services Committee. The Housing Commission supported a process that would allow the two groups to create a new mission statement and set of goals that addressed an expanded set of needs of low-income citizens. The Housing Commission was concerned it might lose focus on housing issues since human service issues were more acute. Another concern was recruitment, and member retention. Jeff Kassman/276 B Street/Explained he was new to Ashland and commented on the amount of homeless people he had encountered. Before employing homeless people, he thought it was more important to house them. He suggested getting the citizens involved. The Help Center could serve as an intake where interested citizens could house homeless people. They needed a place to live, shower facilities, and a sense of belonging, before providing them with jobs. Dan Lehner/Wellsprings/Agreed with Mr. Kassman's testimony, it was time to give back to humanity. He went on to read two poems he had written, one titled the Face of God, and the other, All of Us. Councilor Rosenthal/Voisin m/s to approve a Resolution extending the term and defining the responsibilities of the ad hoc Homelessness Steering Committee. DISCUSSION: Councilor Rosenthal thought the merger made sense. Councilor Voisin supported the motion with amendments. Councilor Lemhouse acknowledged he was not always in favor of extending the HSC but supported a merger with the Housing Commission and extending the HSC while it transitioned to the second phase. This was an opportunity create a new Commission by dissolving the HSC and Housing Commission. Council Voisin motioned to amend the motion in Section 1 Term extended to extend the term of the HSC to a period 6 months from the effective date of this resolution. Motion died for lack of a second. Councilor Voisin motioned to amend the motion to have the HSC provide an exit report to the Council on accomplishments, missed opportunities, and provide recommendations for the new human service commission and responsibilities to the Council. Motion died for lack of a second. Councilor Voisin motioned to amend the motion/Section 3 Merger with Housing Commission to ask the Housing Commission to provide recommendations for housing responsibilities in the mission statement for the ongoing responsibilities of the new commission. Motion died for lack of a second. Councilor Voisin/Lemhouse m/s to amend the motion Section 2 in addition the HSC shall assist and advise the City Council in the review of applications for grant award to non-profit agencies and faith communities to provide a Help Center for those in need in Ashland. Roll Call Vote: Councilor Voisin, Lemhouse, Slattery, Morris, Rosenthal, and Marsh, YES. Motion passed. ASHLAND CITY COUNCIL MEETING April 16, 2013 Page 5 of 5 Councilor Lemhouse/Slattery m/s amend the motion/Section 3 to direct staff to prepare for Council consideration the ordinance necessary to amend Section 2.19 of the Ashland Municipal Code (Housing Commission) for the purpose of dissolving the ad hoc Homelessness Steering Committee and the Housing Commission and create a Housing and Human Services Commission in its place. DISCUSSION: Councilor Lemhouse emphasized he was not trying to get rid of two commissions. He thought this was cleaner than merging them. It would help identify what the Housing and Human Services Commission needed and how to populate the commission. Councilor Slattery supported the motion. Councilor Marsh wanted to ensure the members of the existing committees had a significant part regarding projects in progress or pending as well as help develop a mission statement and set of responsibilities. Councilor Lemhouse agreed and thought it was inherent in the motion. Mr. Kanner clarified the Housing Commission could only be dissolved through an ordinance. Whatever Council decided at this meeting would affect the HSC only. City Attorney Dave Lohman added the resolution directed staff to bring back ordinances pertaining to Council direction for Council consideration. Councilor Rosenthal was against the amendment and thought it set up a contradictory resolution and message. Councilor Lemhouse explained the amendment was a consideration. Staff would bring a proposal to a future meeting for public input. The amendment was similar to what happened when the Traffic Safety and the Pedestrian and Bicycle Committees disbanded and the Transportation Commission formed. Councilor Slattery added this was not about not having a Housing Commission. These were the steps to consider the change and possibly more forward. Councilor Voisin thought the original resolution did just that and would vote against the amendment. Councilor Slattery/Lemhouse m/s to call for the question. Roll Call Vote: Councilor Marsh, Rosenthal, Morris, Slattery, Lemhouse, and Voisin, YES. Motion Passed. Roll Call Vote: Councilor Morris, Slattery, Lemhouse, and Marsh, YES; Councilor Voisin and Rosenthal, NO. Motion passed 42. Roll Call Vote on the main motion as amended: Councilor Marsh, Slattery, Morris, and Lemhouse, YES; Councilor Rosenthal and Voisin, NO. Motion passed 42. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse explained the Historic Commission was working on the historic waypoints for the city and would bring forward a proposal soon. ADJOURNMENT Meeting adjourned at 9:26 p.m. Dana Smith, Assistant to the City Recorder Mike Morris, Council Chair tl PROCLAMATION • Historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability. e~ • The historic houses and buildings of Ashland help make our City unique and provide links with aspirations and attainment of the City's pioneers and their descendants. • These fine examples of Nineteenth and Twentieth century buildings contribute to an appreciation of our heritage. • Historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds. • It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people. • "See It, Save It, Celebrate It" is the theme for National Historic Preservation Month 2013. Ashland has selected May 19 - 25, as Historic Preservation Week. Ashland's celebrations are co-sponsored by the City of Ashland's f' Historic Commission and the National Trust for Historic Preservation. ° NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of , Ashland, do proclaim May, 2013 as "National Historic Preservation Month" and call upon the people of the City of Ashland to join their fellow citizens across (r, the United States in recognizing and participating in this special observance. Dated this 7th day of May, 2013 f, John Stromberg, Mayor f' Barbara Christensen, City Recorder ~ ~ ~ ~ Ss ~ Ss d9 6✓,Ad9 T✓ d9 G✓,~~.9 Cs a9 ,6.~ CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Avista's Energy Conservation Rebate Presentation FROM: John Kams, Fire Chief, Ashland Fire & Rescue karnsi&ashland.or.us SUMMARY Avista's energy conservation rebate check will be presented to Ashland Fire & Rescue from Steve Vincent, Oregon Regional Business Manager at Avista Utilities. This rebate is for the energy efficiency infrared heater installation at Ashland Fire & Rescue Station No. 2 located at 1860 Ashland Street. BACKGROUND AND POLICY IMPLICATIONS: The construction of Fire Station No. 2 had met the current Oregon Energy code for all shell components and HVAC units by using natural gas infrared radiant heaters instead of unit heaters in the office, living quarters and apparatus area. Avista reserved an energy efficiency incentive program for this improvement. FISCAL IMPLICATIONS: The annual savings of the natural gas consumption is projected to be $2,274 at the current cost of $1.06 per therm. The incentive that has been estimated for the installation of the equipment at Fire Station No. 2 will be in the amount of $3,800. STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: None ATTACHMENTS: None Page I of I 11FAWA MEETING MINUTES OF THEASHLAND FIREWISE COMMISSION Wednesday, February 20rh, 2013 12:OOPM to 1:00PM Conference Room, Ashland Fire Station #1 455 Siskiyou Blvd 1. CALL TO ORDER 12:00 noon II. INTRODUCTIONS Ron Parker, Mike Morris, Pete Norvell, Matt Warshawsky, and Kelly Eaton, Staff: Kimberley Summers, Ali True. Absent: Kathy Kane, Eric Olson III. APPROVAL OF MINUTES: January 10h, 2013 meeting; Approved Pete Norvell, 2"d Kelly Eaton IV. PUBLIC FORUM: None V. ADJUSTMENTS TO THE AGENDA: None VI. BUSINESS A. Review 2012 annual Firewise program report: True-Hand out was provided, talked about the number of homes that made a defensible space, and the number of Firewise homes that participated. Please take the hand out and review the program and take a look at the projects that was listed that the commission worked on. B. Review 2013 Firewise Commission Goals and adopt document: Approved document for 2/20/13 Ron Parker made a motion and Kelly Eaton 2"d C. Firewise updates: a. Firewise Clean-up Day: Olsen- Flyer was handed out for the 2nd annual Firewise Clean up day, supported by Ashland Recology and Ashland Fire Fighters Association. Valley View Transfer Station will offer % off on yard debris the same day b. Firewise 4°i Grade unit & Poster Contest: Kane- Meeting is scheduled for Thursday 2/21/13 with Ali True and Kathy Kane. c. Other as needed D. Report on Firewise Commission Board Member Survey: Olsen and Norvell- Result summary was handed out and discussed. Included 10 questions and two weeks to answer the questions; 46 people received the survey 22 responded, great results. Presentation will be given at the next meeting in April regarding the outcome. E. MYFN meeting 2/26: True- CERT program in Ashland has a "Map Your Neighborhood" program; one of our goals is to reach out to Ashland residents. "Map your Firewise Neighborhood" partnership will take place to join the programs. February 26'h kick off meeting and Commissioners are invited to attend, from 6:00-8:00 at Fire Station 1. Pending a FEMA grant application. F. Report on 2013 Council Goals Development: Morris- In flex, Firewise is being discussed. VII. COMMISSIONER COMMENTS Update on grant status, approved last night $75, 000 from ODF biomass funds, home owner grants $500.00 with the same standards. Firewise Communities' renewal process is included in this grant. VIII. REVIEW AND SET COMMISSION CALENDAR/ NEXT MEETING A. March 201h meeting cancelled due to EOC drill, next meetings April 17th, 2013 and May 15'h, 2013 IX. ADJOURN: 1:00 PM In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the Public Works ice at 488-5587 (TTY phone number 1 800 735 2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (18 CFR 35.102-35.104 ADA Title 1). CITY OF ASHLAND ASHLAND HOUSING COMMISSION MINUTES March 27, 2013 CALL TO ORDER Chair Regina Ayars called the meeting to order at 4:00 p.m. at Council Chambers located at 1175 East Main St. Ashland, OR 97520. Commissioners Present: Council Liaison Regina Ayars Pam Marsh Michael Gutman Barb Barasa SOU Liaison Evan Lasle Andrew Ensslin, absent Staff Present: Commissioners Absent: Linda Reid, Housing Specialist Ben Scott Carolyn Schwendener Ayars announced that Ben Scott has accepted a new job and has resigned from the Commission because he will be doing a lot of traveling. There is a new candidate who has submitted an application and should be appointed shortly. Ayars read a document addressed to the Commission Chairs and staff from Mayor Stromberg. The reason for the letter was to inform the Commissioners about the new guidelines for the Council Liaisons and Commission Chairs for the upcoming year. The purpose is to be more flexible with the Council Liaison attendance and to turn over the responsibility opportunity of reporting to the Council to the Commission Chairs. The issues that the Mayor has been concerned about are, two many assignments for Councilors, too many meetings to attend, Councilors not attending the meetings to which they are committed, and Councilors not making reports to the Council about their assignments. The Mayor's solution is to remove the expectation that Councilors will attend all meetings of their Commissions. Councilors' will be available to their Commissions to consult and attend when requested and when feasible. Pam Marsh introduced herself as a new member to the City Council and expressed how happy she is to be a Liaison with this group. The Commissioners asked Marsh how she wanted to participate in the Housing Commission and if she planned on attending the meetings. Marsh conveyed that her intent is come to the meetings for at least a few minutes to check in with the Commission. Marsh is the manager of the Ashland Community Food Bank and announced they are starting an evening shopping event which is scheduled for the fourth Wednesday of the month at 5:00 p.m. coinciding with the Housing Commission meeting. She is working on the coordination of this event and organizing volunteers. Marsh will always be available by phone but is also working on clearing her schedule in order to be able to attend the Commission meetings. Reid will move the Liaison reports up in the Agenda in order to allow Marsh to be able to report in before leaving the meeting. 1 APPROVAL OF MINUTES Gutman/Lasley m/s to approve the minutes of the February 27, 2013 regular Housing Commission meeting. Voice Vote: All AYES; minutes were approved as presented. PUBLIC FORUM No one spoke STUDENT FAIR HOUSING SURVEY REVIEW One of the Housing Commission goals for 2013 is to incorporate students into the Fair Housing Ordinance. Lasley is working on preparing a Student Fair Housing Survey. Currently he has three questions on the survey; • Do you believe you were denied housing because you were a student? Have you ever experienced discrimination in your housing opportunities because you were a student? • Do you believe you have been asked to pay a higher deposit fee because you were a student? • Would you support an initiative to make students a protective class to prevent discrimination against students living in Ashland? Lasley explained that last year when the Commission reviewed the Fair Housing Ordinance the Commissioners discussed the possibility of including students as a protected class. The Commissioners first wanted more input from the students. The goal is to receive back a couple hundred responses. This survey will be given to ASSOC for approval and then distributed mainly to those who live off campus. The survey will be sent out to the student's email accounts. It was suggested to print some copies and hand them out during registration. It was also suggested to request the age of the person taking the survey and perhaps changing the word "student" to "student status." Lasley will include a comment space. Reid will inquire about putting the survey in the May issue of the City Source which goes out in the utility bills. Lasley/Ayars m/s to approve the three Fair Housing Survey questions that Lasley presented adding two more; Age and Do you live in Ashland. Voice Vote: All AYES, motion passed unanimously. Lasley announced that his term will be ending on April 30, 2013. He will not be reapplying because he will be traveling. If Lasley has left before the survey results are compiled the SOU Liaison Andrew Ensslin will report the results back to the Commission. LIAISON REPORTS DISCUSSION Reid - After the last Housing Commission meeting with the CDBG recommendations the City received a letter from HUD that said to expect a five percent reduction in the allocation of funds. Reid did say that she has not yet received confirmation on the actual amount they will receive. The Council Communication and the recommendation from staff had to reflect that reduced amount. The Housing Commission recommendation was the same due to the fact they didn't have the HUD information at the time of review but the staff recommendation has been altered. Staff requested that the Ashland Food Bank receive the total allocation they asked for and the remaining balance go to the Ashland program. The City Council will review the recommendations at their Tuesday April 2nd meeting. Marsh - Marsh explained that the Homeless Steering Committee was an Ad Hoc Committee appointed for one year and then extended for a second year. As the Committee is coming to a close they still have issues they would like to address though it doesn't make sense to continue an Ad Hoc Committee for years. Marsh will be suggesting to the Council to look at a change in both the Housing Commission and the Steering Committee that would create a Housing & Human Services Commission. The idea being that there is a range of issues around housing but the primary emphasis would be on housing and homelessness. The Human Services part gives us an opportunity to address issues surrounding poverty stated Marsh. It appears that most of the members on the Homeless Steering Committee are open to joining this merger and are supportive for further discussion. The proposal is that the committees spend the next six to twelve months discussing this idea. The first step is that the proposal goes before the City Council Study Session on Monday at 5:30 at 51 Winburn Way. The main 2 concern of the Housing Commission is that they may lose their focus of Housing because the issues around the human services are more acute and have to be dealt with immediately. There was a fear those would soon take priority over housing issues. SUN VILLAGE UPDATE Ayars pointed out that another Housing Commission goal for 2013 was the preservation of Affordable Housing in Ashland. The list of facilities that came up for renewal was quite small. Ayars contacted those properties and found out that all of them with the exception of Sun Village (twelve units on North Main) were planning on maintaining affordability on a short term basis. Ayars and Reid met with the property owner of Sun Village and discovered she has owned the property for thirty years and maintained it under section 8. She is burned out and interested in selling it. Her asking price is One million dollars. At one point the Housing Authority of Jackson County was interested in purchasing it but did not have the available finances. The units will be expiring in April and all the tenants have been given their vouchers though none have given their notice. She did not raise the rent but will do so to market rate if and when the current renters move out. RENTAL REGISTRY Ayars saw an ad in the Daily Tidings from Donna Lane at SOU. She has a business graduate program and was soliciting for survey projects. Ayars sent Donna an email inquiring if a rental registry was something her students might be interested in doing. As it turns out they have lots of people interested in using the students and consequently have developed an interview process. Interviews will take place next Wednesday from 6:00 pm until 9:00 p.m. Ayars scheduled an appointment for 7:40 p.m. She asked the Commissioners for some help with determining what it is the students would do for the rental registry. Ayars looked at some of the rental registry programs in other Cities as well as spoke with Louise Dix who worked on the City of Medford Rental Registry Program. Dix is also on the Homeless Task Force. Dix suggested looking at the City of Gresham's program which has a much better program than Medford. After reviewing the websites for both Cities Ayars acknowledged that this program requires a great deal of code compliance and the City of Ashland does not have a full time code compliance officer. Councilor Marsh acknowledged that there is talk about requesting a code compliance officer as an add package on the budget. The City of Medford's program is called a Residential Rental Registration program positioned as health and safety for the tenants. One of the reasons for the program was to develop and maintain a City Wide data base identifying housing inventories throughout the city. The program was also designed to assist the City with emergency services and public safety agencies by notifying property owners about any potential hazardous situations and prevent them from happening in the future. In order to be a healthy, safe and livable somebody needs to inspect those properties, stated Ayars. Reid said that Medford intended to have inspections. Medford's Housing Commission had a joint committee with police, fire, and planning that was called the Problem Properties Committee. The Committee met monthly to discuss properties in town that had issues. One of the reasons for establishing the rental registry was in order to get contact information of absentee landlords. Reid said she was not sure if the Committee is meeting any longer. It is a requirement that all landlords register though it is voluntary and difficult to enforce. The City of Gresham has a more extensive program than Medford with two code compliance officers and an administrator. Their program was established in 2007. The properties with five or less units are inspected once every three years and those with five units or more are inspected annually. Ayars emphasized that she would still like to see the City of Ashland move forward on trying to establish a rental Registry though realizing it is quite an undertaking. She again proposed the question; How could we involve this group of students to help with the project or perhaps it is not appropriate for us to use them at this time? The Commission discussed the idea of using business license registry as an avenue. It was also mentioned that the Fire Department does fire safety inspections and maybe could combine efforts for inspection. Marsh reminded the Commission to define a clear objective including what it is you want to achieve. 3 At the conclusion of the discussion the Commissioners agreed they were not quite ready to have the students help this year with a survey for the Rental Registry. Ayers will cancel her appointment. VACATION RENTAL UPDATE AND DISCUSSION Reid gave a brief update on the Vacation Rental process. The Planning Commission made a recommendation to the Council with changes they thought should take place. After the Council discussed it they requested some clarity regarding the recommendation that the Housing Commission submitted. The Council would like more information regarding the loss of long term rentals though Reid conveyed this is difficult information to track. The Housing Commission was concerned that long term rentals would convert to Vacation Rentals because it's more lucrative which would then create a loss of rental properties. Housing Commission has the goal to maintain affordable housing for the citizens of Ashland. The Council moved to approve the initiation of amendments to the Ashland Municipal Code related to short-term rentals that incorporate the recommendations forwarded to the Council by the Planning commission, and further direct staff to prepare amendments to Chapters 4, 6 and 15 of the AMC, as necessary, to ensure that taxation and licensing issues are appropriately address. Made an additional motion to eliminate the Planning Commission recommendations to include a Downtown District element, retain the current standard for distance from an arterial requirement, and have the ordinance not include a cap on specific kinds of facilities. The planning staff will draft the ordinance and bring it back before the Planning Commission and probably again to the Housing Commission. APRIL 24. 2013 MEETING AGENDA ITEMS Quorum check - Marsh will be absent, everyone else will be there. Lasley will give an update on the student survey results Barasa will be putting together a Landlord tenant rights brochure Goldman will discuss the Normal Avenue Plan UPCOMING EVENTS AND MEETINGS Next Housing Commission Regular Meeting 4:00-5:45 PM; April 24, 2013 ADJOURNMENT - The meeting was adjourned at 5:40.m. Respectfully submitted by Carolyn Schwendener 4 C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES February 26, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Richard Kaplan April Lucas, Administrative Supervisor Melanie Mindlin Absent Members: Council Liaison: Debbie Miller - Excused Absence Mike Morris (Commissioner Miller recused herself from the Normal Master Plan discussion) ANNOUCEMENTS Community Development Director Bill Molnar announced the City Council will discuss short-term vacation rentals at their March 5, 2013 meeting. PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Normal Neighborhood Master Plan. Senior Planner Brandon Goldman introduced Derek Chisholm with Parametrix and provided some background information on the Normal neighborhood master plan. He explained the City Council initiated this project and the City received a TGM award to work with the consulting firm Parametrix. He also reviewed the project's primary objectives, which are to: 1) increase efficiency in the use of land through concentration of housing in a centrally located area within the City's urban growth boundary planned for future urban development, 2) achieve a development pattern that results in a balanced, multi-modal transportation system that enhances opportunities for walking, bicycling or using transit in areas planned for transit service, 3) Delineate housing, neighborhood serving commercial, open space, public space, and green infrastructure improvements in a manner that provides for preservation and enhancement of creeks and wetlands, and 4) design a local street grid for the project area including connections to existing and planned streets, pedestrian, and bicycle facilities outside the project area to more fully integrate the project area into the City's transportation. Mr. Goldman noted the public outreach that has been done to date, and commented on the design charrettes that were held last October. He clarified the draft plan being reviewed tonight is largely consistent with the work that was done at the charrettes and stated tonight is an opportunity for the commission and the neighbors to provide comment. Derek Chisholm addressed the commission and provided a presentation on the Normal neighborhood master plan. Mr. Chisholm's presentation covered several elements of the plan, including: 1) existing conditions, 2) early concepts, 3) the public charrette, and 4) the proposed plan. [A copy of the full presentation is attached to minutes - see Appendix A.] At the conclusion of his presentation, Mr. Chisholm clarified the next steps for this project are to gather stakeholder input, finalize the code language, and produce the final plan images, documents and maps. Bob Foster/431 Ash Street, Lake Oswego/Stated he is representing the Baptist Church and noted its location on the project area map. He explained the church's plan is to move off the site and relocate in the County, and to let the site fully development. Ashland Planning Commission February 26, 2013 Page 1 of 3 Mr. Foster stated their parcel is 10-acres in size and they are considering large, family-sized apartments that would be two and three stories high. He voiced his support for the master plan and believes the initial concepts being presented will accommodate their development plans. Howard Miller/160 Normal Ave/Noted his wife, Planning Commissioner Debbie Miller, could not attend this meeting because their property is within the project area and asked that this be property reflected in the record. Mr. Miller listed his concerns and comments with the master plan as follows: 1) he stated the priority should be preserving the natural areas, wetlands, and agricultural land, and noted the desire to produce more food locally, 2) he raised concern with the potential increase in traffic, 3) he stated it is incorrect to assume the residents of the new Normal Ave will not use the existing railroad crossing and stated this could be a significant problem, 4) he questioned the inclusion of cottage units in the plan and asked if the housing needs analysis shows a need for this type of housing, and 5) he questioned if the proposed roadways would damage the wetlands and wildlife. Mr. Miller concluded his testimony and stated this plan is not in the best interest of the people who live in this area and believes there are key items that have not been addressed. Julie Matthews/2090 Creek DrNoiced her support for Mr. Miller comments and stated there has not been enough consideration given to the wetlands. Ms. Matthews questioned if it would be more appropriate to locate the high density housing along East Main Street and does not understand why it has to be located next to her property. She commented on the wildlife and recommended the commission consider not placing the roads parallel to the wetlands and waterways. She also asked them to consider not placing apartments in the identified area, and also raised issue the increased traffic and parking demands this would create. Ms. Matthews asked the commission to consider the underground water which runs underneath this area, and recommend a geologist survey the area to ascertain the impacts of paving over this area. Mike Shore/140 Clay St/Questioned how the shared spaces would be used by residents in a pocket neighborhood development. He asked how the common spaces would be cared for and how they would draw people together, and is unclear about how this would actually function. Nancy Boyer/425 NormalNoiced concern with how a three-story apartment complex will block their view, and commented briefly on the wildlife in the project area. Commission Discussion The commission requested clarification and issued comments on various elements in the plan. The following is a summary of their questions and statements: • Who will be responsible for wetland preservation and conducting a hydrology study of the site? Mr. Goldman clarified the study would be completed by the applicant and would be part of their application. He added the same is true with or without this master plan and is a requirement of annexation. • Where did the soils and infiltration data contained in the frameworks come from? Mr. Chisholm clarified this was pulled from the USDA data, which is a relatively good source, but confirmed this was the initial data that was gathered before they had walked the site and conducted further review. • Did the updated Transportation System Plan (TSP) consider the amount of development and traffic that will go into this site and how East Main Street will be impacted? Mr. Goldman clarified this was addressed in the TSP. He added the Comprehensive Plan designations and densities are largely comparable with what is proposed and the TSP presumed this area would develop at maximum density. Additionally, a transportation analysis was completed by Parametrix and another one will be provided based on the final plan. • How will the railroad crossing be handled? Mr. Goldman clarified staff is working with ODOT Rail to get a consistent answeron the railroad crossing and stated the impetus of the two phase proposal is to demonstrate conclusively that phase one could be accommodated through East Main and Clay without increasing the use of the Normal railroad crossing. • Why is there a neighborhood street that leads to nowhere? Mr. Goldman clarified this road terminates at the mobile home park and is on the map in case that area is developed in the future. He added this would be a long term project and dependent on the manufactured housing park redeveloping. Ashland Planning Commission February 26, 2013 Page 2 of 3 • Will transit services be provided along East Main? Mr. Goldman stated RVTD locates bus lines based on where density is located. He stated RVTD was not comfortable locating a bus line along East Main at this time but said they would look at this again when this area is built out. • How was it decided to put the high density housing where it is, rather than along East Main? Mr. Chisholm explained the intent is to cluster the higher intensity development together and to achieve a stepped up transition between the densities. He added they received input from a number of property owners who recommended the high density housing be moved to the far east side. Additionally, the west side is either wetlands area or land that is already built out by institutional organizations and not likely to redevelop. • Comment was made expressing concern with the use of cuplets and questioning if the intent is to create a one-lane road on each side of the waterway. Mr. Chisholm stated the design is intended to provide access to different parcels at different times as this land develops, and to not end up in the end with an excessive amount of north-south pavement. He commented on the benefits of looking at this in a comprehensive manner rather than letting this area develop piece by piece, and stated the entire network was intentionally designed to slow down traffic. • Staff was asked to clarify the proposed densities. Mr. Goldman explained NA-01 is comparable to the R-1-5 single family zone, NA-02 is comparable to the R-2 multi- family low density zone, and NA-03 is comparable to the R-3 multi-family high density zone. He clarified this is a work in progress and if the commission has direction on densities they are welcome to provide this. • Opinion was given that the cluster housing illustrations do not meet the true definition of cottage housing and they may have missed the mark with this. Mr. Goldman commented on what the final plan will include and how the adoption process will unfold. He clarified staffs next steps are to take the recent feedback from the neighborhood meeting that was held last Thursday, as well as any direction the commission provides, and make minor revisions and return with a final plan for adoption. However, before the land use public hearing and adoption process begins, staff will bring the proposed code amendments and a more refined plan forward at the commission's May 14 meeting and provide an opportunity for input by the neighbors and the commission before the final draft of the plan is put together. Mr. Goldman commented further on the public involvement aspect and stated this has been a fully transparent exercise and staff welcomes input from citizens. He noted the methods on how citizens can reach staff and also encouraged the commissioners to provide any additional feedback they may have. ADJOURNMENT Meeting adjourned at 9:45 p.m. Ashland Planning Commission February 26, 2013 Page 3 of 3 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES March 12, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Richard Kaplan April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Absent Members: Council Liaison: None Mike Moms ANNOUCEMENTS Community Development Director Bill Molnar issued the following announcements: 1) the commission will hold discussion about a potential Keeping of Animals ordinance at the March study session, 2) at the April 9 regular meeting the commission will hold a public hearing for a new commercial building downtown, and 3) the City Council took testimony on vacation home rentals at their last meeting and directed staff to look at a number of sections in the Ashland Municipal Code and to work with the Planning Commission on making vacation rentals a permitted use in the multi-family zone. Commissioner Dawkins voiced his disappointment that the Council did not place a limit on the number of vacation rentals that would be permitted and believes it was unfair for the Council to place restrictions on what the commission can consider when this returns to them. Commissioner Kaplan commented on the materials that were included in the City Council's meeting packet and stated that was the first time he had seen the meeting minutes and the final recommendation from the commission. He stated the commission should have taken a vote on each of the issues and does not believe what was presented to the Council accurately reflected the position of the Planning Commission. He added after listening to the public testimony from the Council meeting he is more sensitive to the R-1 issue and stated the commission did not thoroughly consider potential options for single room rentals in the R-1 district. CONSENT AGENDA A. Approval of Minutes. 1. February 12, 2013 Regular Meeting. Commissioners Brown/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5-0. PUBLIC FORUM Alexa Voelker11401 Oregon St/Stated she is a student at Southern Oregon University and presented her proposal to use bioremediation at the Croman site. She explained the soils at the Croman site have low levels of chemical contamination and recommended the City consider using living microbes to break down the hazardous waste. She commented that even low levels of chemicals could be hazardous to humans and stated the soil must be decontaminated before building can occur. Ashland Planning Commission March 12, 2013 Page 1 of 2 DISCUSSION ITEMS A. Unified Land Use Ordinance- Part 4: Site Development and Design Standards. Planning Manager Maria Hams explained the commission reviewed the first four sections of Part 4 at their last meeting and tonight they are reviewing the public facilities chapter. She noted most of the changes were just reorganizing, but stated there are a few proposed amendments and provided an overview of the recommended changes. 1) Signing in Favor of a Local Improvement District. The requirement to sign in favor of a local improvement district when a request is made for a building permit has been deleted. Any project that would have an impact on the transportation system requires planning approval and this requirement would be addressed through a planning action condition of approval. 2) General Street Requirements. A section on street names, street signs, and streetlights was added for clarity. 3) Updates to Connectivity Standards. Language was added on connecting to existing and future streets on adjacent lands, intersection angle, physical site constraints, and traffic calming. 4) Neighborhood Street Connections and Extending Existing and Future Streets. Language was added requiring developments to provide for neighborhood street connections, requiring streets on adjacent properties to be extended into new developments, and for new streets to be stubbed out to serve adjacent vacant and redevelopable parcels. 5) Nonconformities Created by Street Dedication. The language in the existing Dedication of Property for Public Use has been carried forward and revised for clarity. 6) Connection Between Required Street Dedications and Development Impacts. The language regarding the requirement of dedication of land for streets or greenways was revised to reflect more recent case law which requires dedications and improvements to be roughly proportional to the impacts of the development. 7) Sanitary Sewer and Water Service Improvements. A section was added addressing the requirement for new development to connect to the city's water and sanitary sewer system. 8) Storm Drainage and Surface Water Management Facilities. A section was added addressing the requirement for new development to provide adequate provisions for storm water management. 9) Underground Utilities. A section was added addressing the undergrounding of utilities in new development. Commission Comments and Questions: • A request was made for staff to bring back revised language on the phasing of subdivisions and for the commission to consider a modified requirement of 24 months for the first phase of the subdivision to be approved. • Staff was asked to clarify the use of the terms "adjustments" and "variances" in the proposed code language. Ms. Harris explained the model code uses these terms, however the commission can modify this if they choose. The commission discussed and agreed to use the terms "exceptions" and "variances" in the code. • Minor correction was noted on page 4-7, the language on item #7 should read: "No-Parkin u signs shall be consistent with the street design approved with the development by the approval authority." • Concern was expressed regarding the name of a street changing as it moves across town. Ms. Harris stated this is not part of this project, but she could forward these concerns to the Public Works Department. • Comment was made regarding the change in tone of the unified code due to the inclusion of the Street Design Standards handbook. Staff agreed with this observation and stated it is because they are combining the older code language with some of the newer requirements, which are more form based. • Comment was made voicing concern that the Connectivity Standards language may make it more difficult for pedestrian access neighborhoods to development. Ms. Hams clarified the pocket neighborhood piece will come back as part of the green development evaluation. Mr. Molnar added there may be ways to expand the criteria for exceptions to include certain development types. ADJOURNMENT Meeting adjourned at 8:30 p.m. Ashland Planning Commission March 12, 2013 Page 2 of 2 CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES March 26, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Maria Harris, Planning Manager Michael Dawkins Brandon Goldman, Senior Planner Richard Kaplan April Lucas, Administrative Supervisor Debbie Miller Melanie Mindlin Absent Members: Council Liaison: Mike Morris, absent PUBLIC FORUM Bryce Anderson/2092 Creek Drive/Spoke regarding the Normal Neighborhood Plan and indicated he was representing Meadowbrook Park Estates. Mr. Anderson explained they are not opposed to the Plan, but stated overdevelopment could lead to serious problems and there are certain protections that need to be put in place. He voiced opposition to the area between Creek Drive and the LDS Church being developed as high density residential and stated this could cause major traffic problems on East Main and Creek Drive. He also voiced concern with the property owner who is seeking to develop this area on the fast track and stated the Baptist Church has been less than an ideal member of our community. He stated the church has disregarded the maintenance of their property despite repeated requests, and they mow the weeds on this property themselves because it is an immediate fire hazard. Mr. Anderson elaborated on his concerns regarding traffic and stated the high rate of speed on East Main makes it difficult to turn onto it from Clay Street, and vehicles often have to wait a long time to get onto East Main. He suggested a stop light be installed at Tolman Creek and East Main, and secondary controls at the Clay Street intersection. DISCUSSION ITEMS A. Keeping of Animals Ordinance. Senior Planner Brandon Goldman explained in August 2012 the City Council adopted ordinances related to the keeping of chickens. During their review of the code changes the Council heard testimony regarding the keeping of other animals and directed staff to look at potential code changes that would allow greater flexibility for local food production. Mr. Goldman stated staff has met with a group of individuals who are familiar with urban agriculture and are now requesting input from the Planning Commission so that a draft ordinance can be prepared. He noted the key questions for commission consideration outlined in the staff report and stated staff believes more flexibility could be provided by making minor revisions to the land use code. Comment was made questioning if staff had reviewed the keeping of animal provisions for other cities. Mr. Goldman responded that he had reviewed several ordinances and could provide those to the commissioners for review, but noted that every community is different and the city will not be in a position to refine the codes of other cities until we receive input from the public. Comment was made questioning if the city is considering the creation of an animal control division and an expansion of its code enforcement program. Mr. Goldman explained a clear and objective ordinance should alleviate the need for an animal control division and stated any code compliance complaints would be handled by staff. Commission Miller mentioned the Oregon statutes and stated the County's animal control would enforce these statutes, just as they do currently for pets. Ashland Planning Commission March 26, 2013 Page 1 of 3 Sarah Red-Laird/285 Wightman/Stated she is the executive director of Bee-Girl and thanked staff for contacting her for input. Ms. Red-Laird stated honey bees are dying out and the need for city bees is imminent. She explained the answer to this problem is sustainable agriculture and believes urban agriculture is an important piece of this. Ms. Red-Laird commented on the current city requirements, which state bee hives must be kept 150 ft. from the nearest roadway or building, and stated this is not very sensible because a honey bee has a flight range of up to 5 miles in every direction. As a replacement for the current code provisions, she recommended for lots less than .5 acre in size: 1) to allow no more than three bee hives, 2) provide water for the bees so they do not end up in your neighbor's pools and hot tubs, and 3) to require a flyway barrier if you are less than 25 ft. from the nearest property line. Comment was made expressing concern that residents will find swarms of bees frightening. Ms. Red-Laird stated having more urban beekeepers is the first line of defense against swarms and stated honey bees are actually very docile and will only sting in defense of their life or to protect their hive. Commissioner Brown stated his son is highly allergic to bees and the statement that there will be more beekeepers around does not satisfy his concern. Ryan King/420 Chestnut/Stated he is a graduate student at SOU studying environmental education and his thesis project was on beekeeping. He stated the two strategies he has focused on in his teachings are project based learning and thematic instruction, and explained he has been working with campus administration to establish the keeping of bees on campus. He stated the university agreed to his project and anyone who participates in beekeeping on campus is trained and mentored under Ms. Red-Laird on best management strategies. Mr. King noted SOU has established a "green fund" to fund eligible student projects and recommended the city's ordinance be amended as described by Ms. Red-Laird so that future beekeeping projects can be considered. Mr. Goldman noted the state statues on the keeping of bees are extensive and stated he will provide this information at a future meeting. Kim Blackwolf/354 Liberty/Stated there are swarms of bees in the city now, and people are keeping farm animals of all kinds within the city limits illegally because the rules are unreasonable. Ms. Blackwolf recommended reasonable care and best practices be the basis for any keeping of animals ordinance and shared the code requirements for the keeping of animals in the city of Central Point. She noted everyone is not going to run out and do this, and it is a select group of people who wish to raise animals as a food source. Ms. Blackwolf issued the following recommendations for the commission's consideration: 1) Rabbits - recommended a minimum of two, 2) Ducks - recommended the ordinance specifically identify Muscovy ducks, as they are quiet and make an excellent food source, 3) Turkeys and Meat Chickens - recommended the ordinance be amended to allow property owners to replace their flock and raise their own meat, and 4) Goats - stated they are social animals and recommended a minimum of two. She recommended the commission look at best practices and amend the ordinance to establish reasonable limits that allow people to raise their own food. Ms. Blackwolf was asked to clarify which animals she believes the ordinance should allow. She responded that her recommendation is for bees, rabbits, ducks, goats, chickens and turkeys to be allowed within the city limits. She also recommended the code allow for people to sell their product directly to the end consumer. Commissioner Mindlin thanked Ms. Blackwolf, Mr. King and Ms. Red-Laird for their input and recommended the commission discuss the questions outlined by staff. The commission held general discussion and the following recommendations and comments were made: • The commission reach general consensus that setbacks similar to those developed for the keeping of chickens should be drafted to permit the keepiha'of micro-livestock. • The commission reached general consensus that the ordinance should allow the slaughtering of animals and meat production. • Comment was made recommending clear, quantifiable language be used in the draft ordinance and to establish rules that can be clearly enforced. • Comment was made recommending the draft ordinance be based on the best practices and good science from other jurisdictions who have already established ordinances. Ashland Planning Commission March 26, 2013 Page 2 of 3 • Comment was made suggesting the Central Point code language be used as a preamble or a purpose statement in the ordinance. • The commission reached general consensus to amend the existing requirement for bee hives to be placed 150 ft. away from adjoining dwellings, sidewalks or streets; and for the code section related to bees to be expanded to provide standards for the number of hives, placement, maintenance, and flyway barrier locations. B. Unified Land Use Ordinance- Part 4: Site Development and Design Standards. Planning Manager Maria Hams explained this is the final section of the draft Unified Land Use Code with the exception of the Definitions section which will come back with the next draft. She explained this section of the code has four substantive changes and reviewed those with the commission. 1) Health Care Zone Signage. Language was added to address the Health Care Zone in the sign standards for commercial, industrial, and employment centers. 2) Commercial Exemption from Solar Setback. Language was changed to exempt C-1 properties from the solar setback requirement if the properties are not abutting a Residential Zone to the north. 3) SolarAccess Permit Protection from Shading by Vegetation. Language requiring a solar access permit be recorded on neighboring properties has been deleted; this language was found to be legally problematic by the city attorney. Comment was made regarding the definition of solar energy systems and for this code section to better clarify that the term solar energy systems is referring to both passive solar and mechanical solar systems. 4) Disc Antenna Installation Requirements. The language regarding the installation of disc antennas has been removed because it is already covered by the Building Code. Commission Comments and Questions: • Correction was noted to pg.4-27, Item C: "solar access recordation" should be removed. • Correction was noted to pg.4-27, Item D-3 and pg.4.28, Item B: "collector" should be removed. • Comment was made questioning the purpose statement on pg.4-39 and what "public health and safety" this is referring to. Ms. Harris responded that staff would look into this. OTHER BUSINESS Commissioner Mindlin commented on the email that was sent to the commission from Mayor Stromberg on revising the role of the council liaison. She explained the Mayor is proposing to relieve the councilors from having to attend all of the commission's meeting and as an alternative the commission can request their liaison's attendance when it is needed and commission chairs will be asked to present periodic updates to the City Council. She noted the Mayor has asked the commissions to discuss this and propose a schedule for periodic reporting. The commission held general discussion on periodic reporting to the Council and questioned what types of things they would report on. It was noted that the City Council already receives the Planning Commission's meeting minutes on a regular basis; and concern was expressed about reporting on quasi-judicial actions that come before the commission. Suggestion was made to potentially speak to the Council on legislative actions that the Planning Commission has issued recommendations on, but before they are placed on the Council's agenda. Additional suggestion was made to report only once a year after the commission has completed their annual goal setting. ADJOURNMENT Meeting adjourned at 9:20 p.m. Ashland Planning Commission March 26, 2013 Page 3 of 3 ASHLAND TRANSPORTATION COMMISSION MINUTES March 21, 2013 CALL TO ORDER Chair David Young called the meeting to order at 6:00 p.m. in the Siskiyou Room, 51 Winbum Way. Commissioners Present: Craig Anderson, Tom Burnham, Pam Hammond, Shawn Kampmann, Corinne Vieville and David Young Absent Members: None Ex Officio Present: Brandon Goldman Staff Present: Mike Faught, Scott Fleury and Jodi Vizzini ANNOUNCEMENTS The Commission recognized Corinne Vieville's birthday. Commissioner Young emphasized the need to fill Commissioner vacancies. He acknowledged Tom Burnham's decision to retire from the Commission. Commissioners and staff thanked Commissioner Burnham for his many years of dedicated service to the community. CONSENT AGENDA A. Approval of Minutes 1. January 24, 2013 2. February 28, 2013 The minutes of January 24, 2013 and February 23, 2013 were approved as presented. PUBLIC FORUM No one came forward to speak. ACTION ITEMS A. Hargadine-Pioneer-Fork Intersection Analysis Staff Report Scott Fleury gave a detailed report on the traffic analysis and recommendation provided by Kim Parducci, Southern Oregon Transportation Engineering, LLC, following citizen complaints. He shared Ms. Parducci was unable to attend the meeting, but had provided an analysis. The Commission reviewed aerial photos of existing sight distance, proposed bulbout treatments and stop bar relocations. Mr. Fleury stated the average daily travel at the intersection was 2,500. He added there have been three accidents since 2000, but according to neighbors there are many close calls. It was noted that a time-lapse video was provided to the Mayor, which prompted a review by the Transportation Commission. Commissioners Questions/Comments • Commissioners discussed the details and cost of implementing the recommended treatments. • The lack of on-street parking for residents on Pioneer due to tourist parking was discussed. • A suggestion was made to install a small traffic circle as a potential traffic calming treatment. • An alternative paving treatment like the one in place at the Oregon Shakespeare Festival pedestrian crossing was suggested. A decision was made to table the issue until Commissioners had a chance to review the citizen submitted video and when Ms. Parducci could be present to provide engineering recommendations on potential traffic calming treatments. Transportation Commission March 21, 2013 Page I of 3 B. Bike Parking and Bike Rack Design Policy Michael Pina173 Garfield St. #1/Directed attention to his unique cargo bicycle parked in front of the building. He explained his parking challenges using standard bike racks. He provided pictures and offered ideas on alternate racks that would better accommodate this style of bike. Staff Report Mr. Fleury gave an overview of the central business district bicycle parking summary and the bicycle parking guidelines provided in the Commissioner packet. He pointed out the approved bike rack standard for the City is the Inverted U-Rack design. He directed attention to the various rack designs and suggested looking at more options in the encroachment ordinance for specific location/uses, allowing individuals/businesses installing in the right-of- way a design style choice. He noted there are still a few businesses in the central business district without bike racks and recommended installation in those locations. He encouraged Commissioners to suggest other locations that come to mind. Senior Planner, Brandon Goldman stated his understanding of Ashland Municipal Code 18.92.060 bicycle parking design standards established the Inverted U-Rack as a standard city-wide design for private or public property. He added the Transportation Commission can make recommendations for alternatives that can be adopted. He acknowledged the bicycle parking summary inventory of downtown and noted the numerous bicycle racks on private property that would also be eligible for an altemative design. Commissioners Questions/Comments • Commissioners and staff discussed alternatives to the current bicycle parking standards. • A suggestion was made to set aside a parking area for non-conventional bikes. • Mr. Fleury explained the downtown sidewalk usage map. • Mr. Goldman summarized the two different issues at hand; bike rack design and bike parking layout which is a standard in the land use code and would require amending Chapter 18.92. • A question was asked in regards to the type of bike rack complaints received, specifically from merchants and bicyclists. • A comment was made in favor of finding creative places to install bike racks instead of removing parking spaces. • A comment was made that parallel bike racks are preferred to perpendicular racks which cause bikes to stick out in the sidewalk obstructing pedestrian travel. The Commission decided that no action was necessary but recommended putting a marker for bike rack design and placement as part of the comprehensive downtown parking and multi-modal circulation study. NON-ACTION ITEMS A. Audible Pedestrian Signals Update Mr. Fleury gave an update on the audible signal order and the installation locations which includes: Sherman/Siskiyou; Tolman/Siskiyou (all four crosswalk locations); Lithia/E. Main (crossing from the fire station to the library); and Second/Lithia (crossing Lithia). He explained that Oregon Department of Transportation (ODOT) will install the signals and added a secondary purchase will be made to utilize the remaining funds prior to the June 30 grant requirement. Commissioners Questions/Comments • Comments were made in favor and in opposition of the rapid flashing beacons along Siskiyou Blvd. • Staff explained that some of the "Stop Here for Pedestrians" signs will be removed to reduce the sign clutter. • A question was asked about the decision to use the rapid flashing beacons. Answer: The beacons were Transpor(alion Commission March 11, 2013 Page 2 of 3 approved during the Siskiyou Blvd. design process. • A comment was made in favor of the E. Main crosswalk by Willow Wind Community Leaming Center. • Mr. Fleury outlined the timeline of the rapid flashing beacon installation that will be implemented by Southern Oregon University. B. Road Diet Post Construction Analysis Mr. Fleury gave a brief overview of the current analysis results and assured the Commission that side street counts collected by Engineering and updates will be included at the following meeting when Ms. Parducci can be in attendance. He added that monthly ODOT speed and volume analysis is ongoing. Commissioner Young shared his experience while conducting a recent pedestrian/bike count on N. Main St. COMMISSION OPEN DISCUSSION • Mr. Fleury gave a brief description of crosswalk lighting that was discussed at a prior meeting and assured the Commission he will research options and bring the subject back to a future meeting. • Staff reported that results of the Bicycle Friendly Community application will be available in May. • Commissioners questioned the frequency of trucks bypassing the scales on 1-5, adding weight to city streets. Officer MacLennan was not present for comment. • Attention was called to volunteer opportunities at the Ashland Community Bike Swap scheduled for April 271h. • Commissioners and staff discussed the Commission's position on current legislative bills and the process involved in writing letters in opposition and/or support. • Commissioners asked for an update on the comprehensive downtown parking and multi-modal circulation study. Mr. Fleury clarified an application was submitted to the University of Oregon to consider the project and added he will keep the Commission apprised of the progress. • Suggestions for future topics of discussion included the need for a bypass through the downtown and solving the lack of available public transportation. • Mr. Fleury provided details of the analysis being conducted on various crosswalks throughout the downtown corridor that are potentially hazardous. INFORMATIONAL ITEMS A. Oregon Active Transportation Summit Commissioners discussed whether or not to send a representative to the conference. A final decision was not made at the meeting. B. Action Summary Did not review. Informational item only. C. Traffic Crash Summary Did not review. Informational item only. D. Mojie Takallou Thank You Letter Did not review. Informational item only. ADJOURNMENT Meeting was adjourned at 7:55 p.m. Respectfully submitted, Jodi Vizzini, Public Works Assistant Transportation Commission March 11, 2013 Page 3 of 3 CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Authorization to Proceed With a Directly Awarded Contract for the Rehabilitation of the Atkinson Bridge in Lithia Park FROM: Don Robertson, Parks and Recreation Director, don.robertson(@ashland.or.us SUMMARY This is a request for Council approval to directly award a contract to restore the Atkinson concrete bridge in Lithia Park. BACKGROUND AND POLICY IMPLICATIONS: The project has been approved by the Oregon State Historic Preservation Office. In that application, the contractor, Oleson Concrete, was given as work examples under the "Project Description." This project will repair/replace cracking and deteriorating concrete surfaces to match original aged concrete, control rust, and seal surfaces. Funds for this project are budgeted within the Parks and Recreation Deferred Capital Improvement Fund. FISCAL IMPLICATIONS: The overall cost of this project is $49,985.00 Funds have been budgeted in FY 13 in the Parks Capital Improvement Fund and has been outlined in the deferred maintenance costs. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the directly awarded contract to Oleson Concrete Company based on his knowledge and as a specialist of historic concrete replication and replacement. SUGGESTED MOTION: I move to approve the direct award of a contract to Oleson Concrete Company for the restoration of the Atkinson Bridge Project. ATTACHMENTS: Approval from SHPO Form 9 - Special Procurement Page I of 1 ~r, r o rej Parks and Recreation Department m 1 n State Historic Preservation Office 39 • . John A. Kitzhaber, MD, Governor 925 Stammer St NE, Ste C Salem, OR 97301-1266 (503) 986-0671 March 13, 2013 Fax (503) 986-0793 www.oregonKeritage.org Mr. Bruce Dickens Ashland Parks & Recreation Dept o~~H 340 Pioneer Ashland, OR 97520 RE: SHPO Case No. 13-0284 Atkinson Bridge Repair Proj DOE/FOE/rehab concrete bridge Ashland Planning Dept 59 Winbum Wy, Ashland, Jackson County Dear Mr. Dickens: We have reviewed the materials submitted on the project referenced above, and we concur with the determination that the property is eligible for listing in the National Register of Historic Places. We also concur with the finding of no adverse effect for the proposed project. Unless there are changes to the project, this concludes the requirement for consultation with our office under Section 106 of the National Historic Preservation Act (per 36 CFR Part 800) for above-ground historic resources. Please feel free'to contact me if you have any questions, comments or need additional assistance. Sincerely, J on Allen, M.A. Historic Preservation Specialist (503) 986-0579 jason.allen@state.or.us CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Director Date: April 25, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.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: Parks and Recreation 2. Department Contact Name: Bruce Dickens, Parks Superintendent 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 5-1-13 To: 9-1-13 5. Total Estimated Cost: $49,900 6. Short title of the Procurement: Atkinson Bridge Repair in Lithia Park Supplies and/or Services or class of Supplies and/or Services to be acquired: Historic concrete repair, replacement of bridge in Lithia Park. 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: No historical restoration work has been done. Form #9 - Special Procurement - Request for Approval, Page 1 of 3,4/2512013 Proposed procedure: 8. Justification for use of Special Procurement: Describe the circumstances that justify the use ofa Special Procurement. Attach relevant documentation. The contractor utilizes techniques and materials specific to restoring worn and weathered bridges. 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: The purpose of this special procurement is to meet the standards of Oregon SHPO and to repair the bridge in a manner suitable to historic restoration practices. This is specialized work. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and x_ (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The cost savings is that the work will prevent the bridge from further deterioration. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 27913.065, or 279B.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 4/2512013 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- May 13, 2013 [if approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: May 13, 2013 [if approved by Council] 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 May 8, 2013. This is a contract-specific procurement. It has been determined, based on written findings, that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Attn: Bruce Dickens, 340 S. Pioneer Street, Ashland, OR 97520. The seven- (7) day protest period will begin on May 13, 2013, and expire at 5:00pm on May 20, 2013. This public notice is being published on the City's Internet Website 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, 4/25/2013 CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Public Contract Award for Electric Cost of Service and Rate Study FROM Mark Holden, Director of Electric and IT, mark.holden@ashland.or.us SUMMARY The City's Electric Department is intending to award a public contract to Utility Financial Solutions to produce an Electric Cost of Service and Rate Study. In compliance with Council direction of November 20, 2012 and in support of Council's Municipal Infrastructure Goal, a cost of service and rate design study will be done. The study will provide guidance to help evaluate and manage rates. BACKGROUND AND POLICY IMPLICATIONS: The department is seeking to forecast revenue requirements over the next five years and make recommendations on the magnitude and frequency of rate adjustments necessary to meet the revenue requirement. The consultant is to review existing rates to ensure that they are allocating costs equitably and in proportion to the cost to serve the different customer classes, and/or recommend changes consistent with industry standards and best practices. The consultant is to describe and recommend other industry standard fees, charges, credits or other funding methodologies relating to energy efficiency programs, renewable energy and other electric conservation projects. The cost of service and rate study will identify an appropriate rate adjustment for 2013, proposed rate projections for the next five years, the costs to serve each class of customer and the monthly customer charge for each rate class. The sourcing method for this procurement is a Competitive Sealed Proposal (Request for Proposal). The City mailed the RFP to 12 interested proposers and received five (5) proposals in response to the City's RFP. The proposals were evaluated and scored by a four-person evaluation committee in accordance with the evaluation process and criteria outlined in the RFP. Upon the completion of the evaluation process, Utility Financial Solutions was declared the highest ranked proposer. Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. FISCAL IMPLICATIONS: The consultant's proposed cost for the financial projection, rate design study, and one on-site meeting for field work and two on-site presentations is $41,440.00. The study provides an analysis of costs, Pagel of 2 Mr, CITY OF ASHLAND capital investment and the supporting revenue requirements. The study will be funded from this year's budget and is likely to carry over into next year's budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract be awarded to Utility Financial Solutions. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Utility Financial Solutions. ATTACHMENTS: RFP - Evaluation Summary Page 2 of 2 R a ~ C~ M ^ 00 ti N ~ ~ N O V'1 ~ Lr. p d d ~ O m o y d Z/1 r 3 ~ d z a 0 ~ U v ~ ~ m a oo rn o A m W F R C Oz_ C C~i W C O U .--i ~yWLl ON v e ~i ~ R Q~ Ci7 O GL ~ is .7 V W O R a C W u rn N F ~ a W m c F is ~o .Z t- y o O ~ ~ R y V y ~ y O 0. Q cC Pr O .D ~ ~ a ~ L 'O r G 'O ~ W W u ~ R v o F" o U o .R « ~ ea ' ~ ,o E. .o O u_ m u A p 0 Ir Q R .~.a R ~ R y a E 9 ~ v e R ~ a a F a F v W o W °m u R ~ u 'c ~ ~ c s .E C o ~ u y LI) ce a W p; U a w i a o r ro e v, v r m a CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Public Contract Award for 4x4 Backhoe Loader w/Hydraulic Thumb FROM Stu Wilkie, Fleet Maintenance Supervisor, stu.wilkie@ashland.or.us SUMMARY The City's Fleet Department is intending to award a public contract to Pape Machinery, the lowest responsible and responsive bidder, for a 4x4 Backhoe Loader with Hydraulic 4-Tine Extendable Dipper Stick Backhoe Thumb for $109,709.30. The vehicle is required to be delivered complete prior to June 30, 2013. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method for this procurement is a Competitive Sealed Bid (Invitation to Bid). The City received two (2) bids in response to the City's ITB. Invitation to Bid 2013-102 The bids are as follows: Pape Machinery John Deere Model: 410 $109,709.30 Peterson Machinery Co. Caterpillar Model: 430 $117,822.00 FISCAL IMPLICATIONS: The actual price of the vehicle exceeds the budgeted amount of $90,000 by $19,709.30; however, there are available appropriations due to other vehicles and/or equipment not being purchased this fiscal year. The respective department will pay additional rents to replace the overage and to prepare for future replacement of this equipment as is necessary. STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends the public contract be awarded to Pape Machinery. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Pape Machinery. ATTACHMENTS: None Page 1 of I CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Public Contract Award for 4x4 Backhoe Loader w/Extendable Dipper Stick FROM Stu Wilkie, Fleet Maintenance Supervisor, stu.wilkie@ashland.or.us SUMMARY The City's Fleet Department is intending to award a public contract to Pape Machinery, the lowest responsible and responsive bidder, for a 4x4 Backhoe Loader with Extendable Dipper Stick for $98.670.44. The vehicle is required to be delivered complete prior to June 30, 2013. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method for this procurement is a Competitive Sealed Bid (Invitation to Bid). The City received two (2) bids in response to the City's ITB. Invitation to Bid 2013-103 The bids are as follows: Pape Machinery John Deere Model: 410 $98,670.44 Peterson Machinery Co. Caterpillar Model: 430 $113,260.00 FISCAL IMPLICATIONS: The actual price of the vehicle exceeds the budgeted amount of $90,000 by $8,670.44; however, there are available appropriations due to other vehicles and/or equipment not being purchased this fiscal year. The respective department will pay additional rents to replace the overage and to prepare for future replacement of this equipment as is necessary. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract be awarded to Pape Machinery. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Pape Machinery. ATTACHMENTS: None Page 1 of t ~r, CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Liquor License Application for Erik Brown dba Amuse Restaurant FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Erik Brown dba Amuse Restaurant at 15 N First Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for greater privilege license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Erik Brown dba Amuse Restaurant at 15 N First Street. ATTACHMENTS: None Page I of 1 ~r, CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Liquor License Application for Jamie North dba Mix Sweet Shop FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Jamie North dba Mix Sweet Shop at 59/57 N Main Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Jamie North dba Mix Sweet Shop. ATTACHMENTS: None Page 1 of I CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Liquor License Application for Melissa McMillan dba Sammich FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Melissa McMillan dba Sammich at 424 Bridge Street. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license Melissa McMillan dba Sammich. ATTACHMENTS: i None Page 1 of 1 ~r, CITY OF ASHLAND Council Communication May 7, 2013, Business meeting Approval of Contract Amendment for City Forestlands Prescribed Burning FROM: Chris Chambers, Forest Division Chief, Ashland Fire & Rescue, chamberc@ashland.or.us SUMMARY The Fire Department is seeking approval of a contract amendment to add 20 acres of prescribed burning to the current contract with Grayback Forestry. Under a current grant with The Nature Conservancy, this year's burning was not originally funded for this fiscal year, though it was last year. Due to greater than anticipated log revenue in the related Winburn Property Restoration Project Phase III, grant funds have been freed up to fund current prescribed burning. The City benefits by accomplishing planned work that can be reimbursed at 55% of the cost, but would otherwise be totally City funded in the coming fiscal year. BACKGROUND AND POLICY IMPLICATIONS: In early 2012, the City Council approved participation in the Promoting Ecosystem Resiliency through Collaboration (PERC) grant through The Nature Conservancy. As one of six sites nationwide, the Ashland Watershed was identified as a key resource and opportunity to expand work from federal land to adjacent municipal and private land under the PERC program. This program also includes helicopter thinning on the City's Winburn Property and fuels reduction in Siskiyou Mountain Park and private land bordering the watershed. All work is done toward the goal of protecting and restoring the forests in the Ashland Watershed, source of the city's drinking water supply. FISCAL IMPLICATIONS: This allows for reimbursement of $440 per acre that the City would have to pay if this work takes place in the next fiscal year. City funds are appropriated to cover the remaining $360 per acre. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the contract amendment to add $16,000 to the current prescribed burning contract with Grayback Forestry. SUGGESTED MOTION: I move approval of the contract amendment to add $16,000 to the current prescribed burning contract with Grayback Forestry. ATTACHMENTS: Contract and prior amendments. Page I of 1 VIPFF41, i Contract for GOODS AND SERVICES CITY OF CONTRACTOR: Grayback Forestry, Inc. l t ASHLAND CONTACT: Thom Odem 20 East Main Street ` Ashland, Oregon 97520 ` ADDRESS: PO Box 838, Merlin, OR 97532 Telephone: 541/488-6002 Fax: 5411488-5311 TELEPHONE: (541)476-0033 ~i DATE AGREEMENT PREPARED: March 13, FAX: (541) 476-0162 2012 BEGINNING DATE: March 26, 2012 COMPLETION DATE: June 30, 2013 COMPENSATION: Up to $39,415 to be paid upon completion of each burn unit and/or activity as follows: Unit J=$5,075 Unit E2=$11,325 Unit D1,F,C2=$14,900 Unit A1,A2=$5,215 Unit H=$2,900 Units will be divided as follows: Unit J and Unit D1,F,C can be burned and compensated between April 1 and June 30" of 2012, Units E2,A1,A2, and H can be burned and compensated between January 1, 2013 and June 30,2013. Burn Plan and Fireline Completion/Payment: City will pay contractor for burn plan preparation ($200 per unit plan) and fireline construction ($.25 per linear foot through GPS measurement) on up to (2) high priority burn traits regardless of actual completion of burn Upon completion of binning in a unit, contractor will be authorized to prepare burn plan and construct freline on one or two additional units, depending how many units were completely burned prior. If prepayment is. made on units that are burned at a later time, the prepayment amount will be subtracted from the total of the unit burn cost as bid and invoiced after completion. Total payment will not exceed $39,415. GOODS AND SERVICES TO BE PROVIDED: Contractor will provide goods and services necessary to complete prescribed underburning on City of Ashland forestlands according to Exhibit C: Technical Specifications. i ADDITIONAL TERMS: If, pursuant to restriction in the Technical Specifications and resultant Burn Plans (Exhibit C), weather is a deciding factor in a determination not to initiate burning on any particular day or time period ("time period"), the City is obligated to pay only for work Contractor completed in preparing the Burn Plan for that time period, and the mobilizing of equipment and personnel and constructing any fireline necessary to preparation for the specific burn event. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor 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. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goads in accordance with the standards and specifications, no later than the date Indicated above and start performing the work under this contract b the beginning date indicated Page 1 / 1 . CITY OF DATE' PO NUMBER::, ASHLAND 20 E MAIN ST. 7/1/2012 10782 11 1 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016823 SHIP TO: Ashland Fire Department l GRAYBACK FORESTRY INC (541) 482-2770 PO BOX 838 455 SISKIYOU BLVD MERLIN, OR 97532 ASHLAND, OR 97520 FOB Point: Req. No.: ICI Terms: Net v. -Dept.: Req. Del. Date: - contact: Chris Chambers { Special Inst: Confirming? No 1 quand nit ro : „ }a 7 Descttptlon ` 1 - Umt:Price Ext Puce::. ! THIS IS A REVISED PURCHASE ORDER Contractor material and labor required 19,975.00 i ,.I to complete prescribed under burninq on City forestlands per the attached contract and specifcations. Contract for Goods and Services Beginninq date: March 26, 2012 Completion date: June 30, 2013 Insurance required/On file FY 2012 - $19,975.00 FY 2013 - $19,440.00 Processed chanqe order 05/07/2012 5,000.00 Per attached Contract Addendum r Scope of services is modified to add fire patrol on an "as needed" basis. Amount of increase $5,000.00 Processed chanqe order 01/1512013 19,440.00: Contracted amount for FY 2013 - $19,440 1 i SUBTOTAL 44,415;; 0 BILL To: Account Payable TAX - O.dO 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 44,415.00 ASHLAND, OR 97520 .::Account NUriltien~, ,,,:~=Rroject Number' _.l ..Amounts: ."'Account Numtier ;-Protect TOTAL 44,415.00 E 670.07.29.00.60416 44 415.00 Au orized signature VENDOR COPY I r SECOND ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PRESCRIBED BURNING This Second Addendum is made this 91l, day of May, 2013, between the City of Ashland ("City") and Grayback Forestry, Inc. ("Contractor"). Recitals: A. On 3/9/12, City and Contractor entered into a City of Ashland Contract for Goods and Services ("Agreement") to accomplish prescribed burning on City Forestlands in order to limit damage from potential future uncontrolled forest fires. B. On 4/3/12, City and Contractor entered into an addendum to the Agreement ("First Addendum") to increase the amount to be paid to Contractor in order to provide additional compensation for additional work. C. The parties desire to further amend the Agreement to again increase the amount to be paid to Contractor in order to provide additional compensation for additional work. Agreements City and Contractor agree to further amend the Agreement as follows: 1. The maximum price as presented in Paragraph 4 of the original Agreement and thereafter modified in the First Addendum is increased to $60,415. 2. The scope of services is modified to add unit P/Q for 20 acres at a rate of $800 per acre. 3. Except as modified above, the Agreement as modified by the First Addendum shall remain in full force and effect. CONTRACTOR: CITY OF ASHLAND: BY BY Department Head Its Date DATE Purchase Order# Acct. No.: (For City purposes only) SECOND ADDENDUM TO CONTRACT FOR PRESCRIBED BURNING ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES Addendum made this 30th day of April, 2012, between the City of Ashland ("City") and Grayback Forestry. Inc. ("Contractor"). Recitals: A. On 3129112, City and Contractor entered into a "City of Ashland. Contract for Goods and Services" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to increase the compensation to be paid to Contractor and modify the project. City and Contractor agree to amend the agreement in the following manner: 1. /'The maximum price as specified in Paragraph 4 of the agreement is increased to $44,415. i 2. -he scope of services is modified to add fire patrol on an "as needed" basis according to the attached rate sheet. See items titled "Crew Person- Trained Firefighter/ Forest Worker" and "Crew Vehicle Mileage Rate to and from Job" for rates. i 3. Except as modified above the terms of the agreement shall remain in full force and effect. CONTRACTOR: CITY OF ASHLA /NOD: X BY J72 t~ a~J I vi1 z o< l --BY f 1, ( G,,( Department Head Its Vice is c--j-I- Date ' 7 - 12-DATE -113ozf Z i PurchaseOrrdder# Acct.No.: (For City purposes only) i j 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR GOODS AND SERVICES Contract for GOODS AND SERVICES CITY OF CONTRACTOR: Grayback Forestry, Inc. ASHLAND 20 East Main Street CONTACT: Thom Odem Ashland, Oregon 97520 ADDRESS: PO Box 838, Merlin, OR 97532 Telephone: 5411488-6002 Fax: 5411488-5311 TELEPHONE: (541) 476-0033 DATE AGREEMENT PREPARED: March 13, FAX: (541) 476-0162 2012 BEGINNING DATE: March 26, 2012 COMPLETION DATE: June 30, 2013 COMPENSATION: Up to $39,415 to be paid upon completion of each burn unit and/or activity as follows: Unit J=$5,075 Unit E2=$11,325 UnitD1,F,C2=$14,900 UnitA1,A2=$5,215 Unit H=$2,900 Units will be divided as follows: Unit J and Unit D I,F,C can be burned and compensated between April I and June 30" of 2012. Units E2,AI,A2, and H can be burned and compensated between January 1, 2013 and June 30, 2013. Burn Plan and Fireline Completion/Payment: City will pay contractor for bum plan preparation ($200 per unit plan) and fireline construction ($.25 per linear foot through GPS measurement) on up to (2) high priority burn units regardless of actual completion of burn. Upon completion of burning in a unit, contractor will be authorized to prepare burn plan and construct fireline on one or two additional units, depending how many units were completely burned prior. If prepayment is made on units that are burned at a later time, the prepayment amount will be subtracted from the total of the unit burn cost as bid and invoiced after completion. Total payment will not exceed $39,415. GOODS AND SERVICES TO BE PROVIDED: Contractor will provide goods and set-vices necessary to complete prescribed underburning on City of Ashland forestlands according to Exhibit C: Technical Specifications. ADDITIONAL TERMS: If, pursuant to restriction in the Technical Specifications and resultant Burn Plans (Exhibit C), weather is a deciding factor in a determination not to initiate burning on any particular day or time period ("time period"), the City is obligated to pay only for work Contractor completed in preparing the Burn Platt for that time period, and the mobilizing of equipment and personnel and constructing any frreline necessary to preparation for the specific bwn event. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor 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. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract b the beginning date Indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be. prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, Is limited to $39,416, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 2798.225, 2796.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,703 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, 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 the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract maybe terminated at anytime by City upon 30 days' notice In writing and delivered by certified mail or in person. , G. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; li. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or ill. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Contractor 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 entirely cured the breach within 15 days of the date of the notice, or within such other period as the parry giving the notice may authorize or require, then the contract may be terminated at any time thereafter by .a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties, Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall a Contractor for work performed prior to I the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor Is an Independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shag not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of 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. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor 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. Contractor 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. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement If Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that Is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for Insolvency; makes a general assignment for the benefit of creditors; or ceases doing- business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following Insurance: a. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. It shall Include contractual liability coverage for the indemnity provided under this contract. b. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. C. Notice of cancellation or change. The insurer must agree in writing to give the City 30 days' prior written notice before cancelling or materially changing coverages, or taking any actions to prevent Contractor's renewal of the insurance contract. d. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the Insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory-The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. e. Worker's'Comoensation. Worker's Compensation insurance in compliance with ORS 656.017 and 279B.230, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 17. 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 Contractor 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 personam 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 an claim or from the jurisdiction. i i 1S. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE,.1F MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS; ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contractwithin the City's fiscal year budget Contractor 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 underthis!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 Contractor; with no further liability to Contractor. 20. Prior Approval Required Provision; Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. certification. Contractor shall sign the certification attached hereto as E0bitA and herein incorporated by reference. Contracto . City of Ashland By By I. l v t~W - Signature D'epartinent Head i 5 •~'-i/i}i V~ i..~/rl'EE2Cl.L ~e71't~v ~r~"i !v Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. i pr ~d ~p to ic~tryrl CITY OF ASHLAND Council Communication May 7, 2013, Business meeting Special Procurement Request for Approval for Wildfire Fuels Reduction and Education FROM: Chris Chambers, Forest Division Chief, Ashland Fire & Rescue, chamberc@ashland.or.us SUMMARY The Fire Department is seeking approval of a special procurement to implement wildfire fuels reduction and education in Siskiyou Mountain Park in conjunction with Ashland Parks Department. Lomakatsi Restoration Project has implemented similar work on this property for nearly a decade and their knowledge of the specific conditions and ability to teach park users about the ecology and work is important in this highly visible and valued City parkland, which is also a key strategic area for wildfire management near homes and the City's watershed. BACKGROUND AND POLICY IMPLICATIONS: In early 2012, the City Council approved participation in the Promoting Ecosystem Resiliency through Collaboration (PERC) grant through The Nature Conservancy. As one of six sites nationwide, the Ashland Watershed was identified as a key resource and opportunity to expand work from federal land to adjacent municipal and private land under the PERC program. This program also includes helicopter thinning on the City's Winburn Property, prescribed burning on City land, and private land fuels reduction work bordering the watershed. All work is done toward the goal of protecting and restoring the forests in the Ashland Watershed, source of the city's drinking water supply. FISCAL IMPLICATIONS: Additional revenue is forecast from the Winbum Property thinning project, which has freed up PERC grant funds for the work in Siskiyou Mountain Park. Ample funds are already budgeted in the Forest Interface budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the special procurement to Lomakatsi Restoration Project for $38,500 in the current fiscal year. SUGGESTED MOTION: I move that the City Council, acting as local contract review board, approve a contract specific special procurement in the amount of $38,500 with Lomakatsi Restoration Project. ATTACHMENTS: Form for Special Procurement, Request for Approval Lomakatsi Restoration Project Work Proposal Page 1 of I 11MI, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Chris Chambers, Fire Department Date: May 1, 2013 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: Ashland Fire and Rescue 2. Department Contact Name: Chris Chambers 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 5/13/2013 To: 6/30/2013 5. Total Estimated Cost: Not to exceed $38,500 6. Short title of the Procurement: Wildfire Fuels Reduction and Education in Siskiyou Mountain Park Supplies and/or Services or class of Supplies and/or Services to be acquired: The services will include designing and implementing forestry activities in Siskiyou Mountain Park as part of the Promoting Ecosystem Resiliency through Collaboration (PERC) grant. Work will be integrated with educational opportunities for park visitors. 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: Lomakatsi Restoration Project is the only contracting entity to have done similar work in Siskiyou Mountain Park in the past 10 years. The City has funds as part of the PERC grant from The Nature Conservancy to implement this type of work on properties bordering National Forest Lands and the Ashland Forest Resiliency Project. Lomakatsi created a project proposal for this grant project, which is attached. Form #g - Special Procurement- Request for Approval, Page 1 of 3, 5/1/2013 Proposed procedure: The Fire Department is seeking an exemption from the competitive bid process to directly award a contract to Lomakatsi Restoration Project for this work. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The combination of prior foresyy experience at Siskiyou Mountain Park and on this same Brant, th e ability to craft and implement an ecologically tailored project, and offer educational opportunities makes Lomakatsi uniquely qualified to provide these services for the City at Siskiyou Mountain Park. 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: The PERC grant award is unique in time and scope and will provide additional opportunities for other contractors to benefit from the grant funds on private lands that border National Forests. Siskiyou Mountain Park is unique in its use by the public for recreation, which amplifies the need to conduct an appropriate and safe operation with public education as an element. (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: Either Parks staff time or a contract to provide on site education during and after forest treatments are implemented would add additional expense and is seen as a critical element to the success in a public park. Education is included by Lomakatsi as part of the proposed treatment cost. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 27913.070, or any rules adopted there under because: Lomakatsi has implemented 89 acres of similar work in this City park and will create and implement forestry work compatible with the goals of the Parks Department and the Southern Oregon Land Conservancy, who holds a conservation easement on this property. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 511/2013 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 -May 7, 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: May 7, 2013 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 May 7, 2013. This Special Procurement is a "Contract- specific Special Procurement The proposed contracting procedure is direct award to Lomakatsi Restoration Project for site specific forestry and education work in Siskiyou Mountain Park Lomakatsi has unique experience working in this City park and gfjers educational opportunities, for public recreational users, which is deemed an essential component offorestry operations in a public setting. 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, Kan Olson, Purchasing Representative, 90 N. Mountain, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on May 13', 2013. 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. I Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 5/1/2013 Lomakatsi Restoration Project Restoring Ecosystems, Sustaining Communities (541) 488-0208 FAX (541)488-4909 P.O. Box 3084 Ashland, OR 97520 www.lomakatsi.org 2013 Implementation Proposal for City of Ashland Prepared By Lomakatsi Promoting Ecosystem Resiliency in Siskiyou Mountain Park May 1st, 2013 Lomakatsi's specific knowledge and prior experience in Siskiyou Mountain Park Lomakatsi has completed approximately 100 acres of ecological fuel reduction, chipping, piling, burning and weed abatement activities in five treatment areas of Siskiyou Mountain Park (SMP). Lomakatsi wrote detailed prescriptions for SMP in regards to the species composition of the local flora and fauna while addressing how to treat the various conditions zone by zone. These documents have been developed in partnership with Ashland Parks and Recreation and Lomakatsi's technical forestry specialists based on ecological forest heath and fuel reduction assessments. Overall, Lomakatsi has a time tested familiarity developed from continual assessment of how the ecosystems within SMP have responded to past treatments. By addressing this information, Lomakatsi has become informed of the most effective methods to utilize in order to meet desired outcomes at SMP. Lomakatsi has partnered with Ashland Parks and Recreation for the past 13 years to advance natural resource related activities in Siskiyou Mountain Park (SMP). Lomakatsi has secured our funding through various private and federal grant programs which have been utilized to implement projects at SMP. Lomakatsi will provide on-site education about restoration activity in Siskiyou Mountain Park Lomakatsi has developed an in-school forest ecology and restoration education program called Full Circle Schools (FSC). This program enables Lomakatsi to provide students from ages 10-17 with field tours of completed restoration activities. FSC adopts these restoration sites to provide students with hands-on experience doing maintenance activities such as invasive weed pulling and native grass re- seeding after initial fuel reduction treatments have taken place. Lomakatsi does public outreach and education about active projects, especially when working in high- use public locations such as SMP. Project managers are instructed to take the time to educate the public (dog-walkers, hikers and bikers) who ask questions about restoration activities in progress. Lastly, Lomakatsi uses SMP as an "outdoor classroom" for public presentations about ecological fuel reduction design and implementation. Lomakatsi Restoration Project W Lomakatsi Proposal for PERC of SMP May 15 ; 2013 Page 1 of 2 Details of the proposed treatment in Siskiyou Mountain Park Lomakatsi is proposing to do fuels maintenance treatments in SMP. Small tree thinning of pacific madrone re-sprout is the primary species selected for cutting to achieve the maintenance goals. Treatments will be located in previously thinned areas of SMP to maintain overall fuel reduction objectives. Regenerated Douglas fir saplings and any other senescent specimens will also be considered for removal when compromising these objectives. These actions will accomplish the fire management goal to abate the threat of catastrophic wildfire in the SMP Wildland Urban Interface. Forest health objectives will also be met through the reduction of small tree densities that compete for resources, especially when encroaching on vigorous tree specimens. Treatments will be tailored to the site- specific needs of each area. Lomakatsi will be responsible for hand piling the generated activity slash. Scope of work, acres, and cost Lomakatsi is proposing to do approximately 77 acres of fuels reduction maintenance and small tree thinning. This will be based on a $500 per acre for Lomakatsi crews to perform cutting and piling activities with interactive oversight from Lomakatsi project managers (this includes all planning and administrative costs). Ashland Parks and Recreation will complete slash disposal by burning hand piles created by Lomakatsi. The treatment proposal and implementation guide for maintenance thinning has been reviewed and approved by Jeff McFarland from Ashland Parks and Recreation. This implementation guide will be available for all crews, managers and partners to review. Lomakatsi Restoration Project Background Lomakatsi Restoration Project is a nonprofit organization that designs and implements ecological restoration projects in damaged forests and watersheds throughout southern Oregon and northern California. Guided by social and ecological principles, we train and employ hundreds of skilled workers. Since 1995, we have helped restore ecological balance on thousands of acres of public and private land. Our work is done in collaboration with a broad range of partners including private landowners, industry, land conservancies, city and park municipalities, Native American tribes, and federal and state land management agencies. Thanks for your consideration of our proposal to perform planned work activities at Siskiyou Mountain Park. We look forward to continuing our ongoing restoration work. Aaron Nauth Contracting and Workforce Division Supervisor Lomakatsi Restoration Project www.lomakatsi.org nauthPlomakatsi.or¢ PO Box 3084, Ashland OR 97520 Cell(541)821-3995 Fax(541)488-4909 4Loma'atsi Rutoration Project Lomakatsi Proposal for PERC at SMP May 1" 2013 Page 2 of 2 Looking for something FUN to do this summer? Excited about making the world a better place? { Interested in Ecology, Restoration or Forestry? Want to earn some extra cash working outside? C If your response is "YES" to any of Re~projed.' these, you are invited to Apply! M~~ . , 1~ all . I ~ i , Ashland Watershed Youth Training and Employment Program When: July 15, 2013 thru Aug. 8, 2013 Who Can Apply: Juniors and Seniors from ..r_ Medford, Phoenix and Ashland Program Information: Pay: $10.00 per hour Help make a difference in the world this summer! Put on your boots and gloves and get to work restoring the Schedule: 32 hours per week, forests and streams of southwest Oregon. Monday through Thursday Using the Ashland Watershed as an outdoor laboratory, Application Deadline: May 17, 2013 your participation this program will help you gain valuable workforce experience through the exploration +d of career paths in natural resources, restoration, science t * and ecology. ..F Under the guidance of Lomakatsi's professional workforce trainers and guest natural resource specialists, you will take part in stewardship related activities that include ecological restoration, technical forestry, botany, invasive species management, stream r restoration, ecological monitoring, fire ecology, watershed management, wildlife habitat restoration, trail maintenance, soil science, and more. Are You Ready to Work? Applications will be posted on Lomakatsi's website by April 15, 2013: www.lomakatsi.org For More Information: Phone: (541) 488-ozo8 Email: infol~lomakatsi.org LOMAKATSI RESTORATION PROJECT Youth Education and Engagement for the PERC project in Siskiyou Mountain Park- Summer of 2013 The Ashland Watershed Youth Training and Employment Program will provide youth participants with summer employment, hands-on workforce training, and educational experiences in ecosystem management on the Ashland Forest Resiliency (AFR) Stewardship Project and adjacent City of Ashland lands. Using the Ashland Watershed and nearby City of Ashland Park's lands, such as Siskiyou Mountain, Hald Strawberry and Westwood Parks, as outdoor classrooms, youth will explore and experience career paths in natural resources. Through this project, Lomakatsi will employ 20 regional youth in hands-on workforce training and environmental education from mid-July through mid-August, 2013. Juniors and seniors from Ashland, Phoenix and Medford High Schools, will be selected through an application process. Students selected will conduct work projects four days per week under the leadership of Lomakatsi's professional resource staff and workforce trainers, as well as additional agency and NGO specialists, with environmental education instruction blended in. During this four week intensive pilot program, participants will gain experience through hands-on work in stewardship, ecological restoration, forestry, botany, invasive species management, trail maintenance, technical forestry, wildlife habitat enhancement, ecological monitoring, fire ecology, fisheries, riparian management, etc. They will also be exposed to STEM subjects (i.e., Science Technology, Engineering and Math) which have been identified as being paramount to our Nation's ability to remain innovative and competitive in the years to come. The Program compliments a 13-year existing collaborative environmental education and youth workforce development program facilitated by Lomakatsi that is focused on ecosystem management and restoration within Forest Service and adjacent City of Ashland Parks lands. Hundreds of students, grades 6-12`h, from regional schools and various regional youth conservation corps programs, have engaged in hands-on forest restoration and ecosystem management activities since 2000 through Lomakatsi s educational program. Beginning in 2000, Siskiyou Mountain has been used as an excellent outdoor education classroom for students engaged in projects being implemented by Lomakatsi in partnership with Ashland Parks and Recreation. Specific to the PERC project for Siskiyou Mountain Park, Lomakatsi will facilitate youth engagement and service learning, as part of the larger Ashland Watershed Youth Training and Employment Program. Youth participants will conduct fuels reduction, habitat restoration and noxious weed management in an effort to improve forest health and reduce the threat of high severity fire in Siskiyou Mountain Park. The Ashland Watershed Youth Training and Employment Program partially funded by a City of Ashland grant that was awarded recently to Lomakatsi for youth education and employment. LOMAKATSI RESTORATION PROJECT CITY OF -ASHLAND Council Communication May 7, 2013, Business Meeting Appointment to Audit Committee - Citizen, Council Liaison and Budget Committee Liaison FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Council appointment of Roberta Stebbins to the Audit Committee with a term to expire April 30, 2016, Chuck Keil as Budget Committee Liaison with a term to expire April 30, 2014 and selection of Council Liaison with a term to expire April 30, 2014. Recent Audit Committee member Guy Nutter has chosen not to request reappointment to this committee. BACKGROUND AND POLICY IMPLICATIONS: Ashland Municipal Code (AMC) Chapter 2.11.015 • Terms. Notwithstanding any other provision of the Ashland Municipal Code, the terms of the Mayor or Councilor, Recorder and Budget Committee member shall be for one-year each expiring on April 30 of each year. All other terms shall be as provided in AMC 2.10.020. • Qualifications. In making the citizen at large appointments, the council shall give preference to persons with accounting or auditing experience, background or expertise. Citizen Budget Committee selected Chuck Keil at their February 21, 2013 meeting as liaison to the City Audit Committee. STAFF RECOMMENDATION AND REQUESTED ACTION: Council to select either Mayor Stromberg or a councilor to serve as Mayor/Councilor Liaison to the Audit Committee. SUGGESTED MOTION: Motion to approve appointment of Roberta Stebbins to the Audit Committee with a term to expire April 30, 2016. Motion to approve appointment of Chuck Keil as Citizen Budget Committee liaison to the Audit Committee with a term to expire April 30, 2014. Motion to approve as Council/Mayor Liaison to the Audit Committee with a term to expire April 30, 2014. ATTACHMENTS: Application received Page 1 of I kITAW0, Barbara Christensen From: Roberta Stebbins [robertas@mind.net] Sent: Tuesday, April 30, 2013 10 26 AM To: Barbara christensen Subject: City Audit Committee Good Morning, I am writing to express my interest in serving on the City's Audit Committee. My position as member representing the Budget Committee has been replaced by Chuck Keil. It is my understanding that there remains an open position for a public member and would like to apply for that spot, citing my past experience with the committee as recommendation. I well understand that there are many good and valid reasons for appointments, and will be comfortable with whatever decision is made. Most respectfully submitted, Roberta Stebbins r CITY OF ~gG~EV 01 ASHLAND APPLICATION FOR APPOINTMENT TO MAR 13 2001 11 CITY COMMISSION/COMMITTEE BY Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email diristeb(@,ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Roberta W. Stebbins Requesting to serve on: -Audit (Commission/Committee) Address-] 11 Granite St., Ashland, OR 97520 Occupation_Retired CPA Phone: Home_552-1094 Work Email robertas a ,mind.nct Fax 1. Education Backeround What schools have you attended? MIT What degrees do you hold? CPA What additional training or education have you had that would apply to this position? 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Owned private CPA practice for 35 years which performed many governmental audits. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Possibly to become familiar with recent FASB's, but not critical to performing the charge of the committee. IFWJ NO 3. Interests Why are you applying for this position? Interest in the financial stability of the city. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Usually available either day or evening 5. Additional Information How long have you lived in this community? Six years. Please use the space below to summarize any additional qualifications you have for this position _I think it corresponds well with my current service on the Budget Comm. _3/12/07 Roberta W Stebbins /s/ Date Signature ~r, CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Report on Crime in Ashland, the Enhanced Law Enforcement Area, and use of force by the Ashland Police Department FROM: Terry Holdemess, Police Chief, holdemet@ashland.or.us SUMMARY In 2008 the Council directed the Police Chief to make an annual report to the Council on crime in the City of Ashland and use of force by the police department. This is the 2012 report. BACKGROUND AND POLICY IMPLICATIONS: Crime rate is based on the number of part one crimes occurring in a jurisdiction. Part one crimes are those that are reported annually to the FBI for inclusion into the Uniform Crime Report. They are Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft and Larceny. In 2012 the Police Department took 645 reports of part one crimes in the City of Ashland. This is an 8.9% reduction in part one crime when compared to the 714 part one crimes reported in 2011. Violent crime is defined as Homicide, Rape, Robbery and Aggravated Assault. There were 35 violent crimes reported in Ashland in 2012 and 25 violent crimes reported in 2011. In 2012 the Police Department cleared 42% of all part one cases. During 2012 the Police Department used force 40 times. In 31 cases the only force used was a control hold or the suspect was forced to the ground or against an object in order to be handcuffed. Nine of the other cases involved more intensive struggles with suspects and one involved the use of a Taser. There were 10 incidents where suspects complained of minor injury but that did not require medical attention. Two suspects received injuries that required medical attention. Eight officers received minor injuries during these incidents two of those officers required medical treatment. The majority of suspects involved in use of force incidents were under the influence of alcohol. During 2012 each officer received a minimum of 20 hours of training related to use of force. The Enhanced Law Enforcement Area ordinance has been in effect since August of 2012. During the first eight months of the ordinance nine people qualified to be excluded from the downtown. Five of those people moved out of the area before they could be served and to the best of our knowledge have not returned. Four of those people have been served and have been excluded from the downtown. Two of those four have been arrested for being in the downtown area in violation of the ordinance. Each has been arrested six times. The other two subjects have not been found in the downtown area in violation of the ordinance. Officers working the area believe the ordinance has had a positive effect in that people who were causing problems on an almost daily basis are no longer in the area. Calls for service related to drugs and disorderly conduct in the area for the first eight months of the new ordinance when compared with the same eight month period before that year prior to the ordinance are almost the same. Page I of 2 Ipwrll, CITY OF ASHLAND FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: The Council can accept the report as presented or request the Police Chief provide additional information. SUGGESTED MOTION: N/A ATTACHMENTS: None Page 2 of 2 ~r, CITY OF ASHLAND Council Communication May 7, 2013, Business Meeting Public Works Report on Residential 1-inch Water Meters for Fire Systems FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY At the City Council's request, staff reviewed for potential water rate base fee inequities, the current water base charges established for 1-inch residential meters sized solely as a result of installing a fire sprinkler system. Staff determined that there are 46 water utility customers who, but for the fact they installed a fire sprinkler system, would have otherwise been required to install a'/4-inch water meter. Staff is requesting Council direction on potential adjustments to water base rates for 1-inch water meters requiring fire sprinkler systems. BACKGROUND AND POLICY IMPLICATIONS: At the May 15, 2012 City Council meeting, Council directed staff to address the potential inequity of base rates for customers who were required to install a 1-inch meter specifically to meet fire system requirements, when a'/4-inch meter would have been sufficient for regular household use. The monthly base charge for a residential'/4-inch meter is $17.66/month and the 1-inch meter is $35.29/month. Consequently a resident with a 1-inch meter pays $212 more per year than a water customer with a'/4-inch water meter. Identifying water utility customers that fall into this category was complex because our utility billing system does not have the ability to identify the number of residential 1-inch meters installed specifically for fire sprinkler systems. Therefore, staff manually sorted through a 35 page list of residential meter accounts, narrowing the potential list to down to 135 customers. Following that, the Building Codes Division had to check permit records and conduct field visits to verify which of the remaining forty-six 1-inch residential meters were installed specifically for fire sprinkler systems only. It is important to note that there are more residential water customers with fire sprinkler systems other than the 46 identified above that have been required to install 1-inch meters. In those cases, the requirement was based on meeting the Oregon Plumbing Code (the number and types of plumbing fixtures). Therefore, the 1-inch water base charge is appropriate for these customers The reason residential homes with fire sprinklers are required to have larger than normal meters is because standard 5/8-inch x 3/4-inch water meters reduce the required flow for residential sprinkler systems too much for the fire sprinkler system to function properly. The question then is whether or not the current water billing (base rates based on maximum flow capacity) is equitable for residential customers that have installed 1-inch meters specifically to meet fire sprinkler requirements. Page 1 of 2 r, CITY OF ASHLAND If the Council determines that the existing water base charge for 1-inch residential fire sprinkler systems for customers who would not have otherwise been required to install a 1-inch meter creates an inequity, staff recommends amending the existing water rate "Resolution No. 2012-12 attachment A". The new resolution would include a new 1-inch meter for fire sprinkler systems only base charge category with a monthly base rate equivalent to a'/<-inch water meter. The new category would have to include a narrative that explains that only 1-inch residential water meters upsized solely to meet fire sprinkler system requirements would be eligible for this base rate charge. FISCAL IMPLICATIONS: The fiscal impact of changing the base rates for 1-inch meters as specified above is estimated to result in an annual revenue reduction of $9,732 (46 x $17.63/month x 12=$9731.76). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff is seeking Council direction on this issue and therefore has no recommended action. SUGGESTED MOTION: Move to direct staff to draft an amended water rate Resolution No. 2012-12 adding a new residential f- inch meter base rate category equivalent to a'/<-inch base rate for customers who would have otherwise installed a'/<-inch meter. ATTACHMENTS: Resolution No. 2012-12 Page 2 of 2 RESOLUTION NO.2012- lq-K A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND REPEALING RESOLUTION 2011-08. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after June 22, 2012. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section I I b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 201 1-08 is repealed. This resolution was duly PASSED and ADOPTED this /S~ day of May, 2012, and the effect' a date is June 22, 2012 upon signing by the Mayor. ~iS Barbara Christensen, City Recorder SIGNED and APPROVED this /7day of May, 2012. Stromberg, Mayor Reviewed as to form: o avid Lohman, 40ty-Attorney Page 1 of 1 CITY OF ASHLAND, OREGON EXHIBIT "A" WATER RATE SCHEDULE RESOLUTION NO. 2012- EFFECTIVE JUNE 22, 2012 METERED SERVICE All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE: The basic service charge applies to all metered water services and does not include any water consumption. OLD NEW 0.75 Inch Meter $14.84/month $17.66/month 1 Inch Meter $29.65/month $35.291month 1.5 Inch Meter $42.26/month $50.30/month 2 Inch Meter $55.67/month $66.26/month 3 Inch Meter $116.39/month $138.53/month 4 Inch Meter $177.94/month $211.78/month 6 Inch Meter $333.64/month $397.101month 8 Inch Meter $556.04/month $661.80/month B. WATER QUANTITY CHARGE: All customers will be charged the following rates per cubic feet of water used. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0169/cf $0.0183/cf 301 to 1000 cf per month $0.02091cf $0.0226/cf 1001 to 2500 cf per month $0.0278/cf $0.0301/cf Over 2500 cf per month $0.0360/cf $0.0389/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month per unit $0.0169/cf $0.0183/cf 301 to 1000 cf per month per unit $0.0209/cf $0.0226/cf 1001 to 2500 cf per month per unit $0.0278/cf $0.0301/cf Over 2500 cf per month per unit $0.0360/cf $0.0389/cf EXHIBIT A - PAGE I - Effective June 22, 2012 Non-Residential Consumption OLD NEW 0 - 50,000 cf per month $0.0239/cf $0.0259/cf Over 50,000 cf per month $0.0246/cf $0.0266/cf C. TID IRRIGATION WATER RATES: Unmetered Service $117.98/acre or portion of an acre-OLD $127.65/acre or portion of an acre-NEW Metered Service Base Service Charge Same as "A" above Water Consumption $0.0039/cf-OLD $0.0042/cf-NE W D. BULK WATER RATE: For water provided on a temporary basis through a bulk meter on a fire hydrant, The following charges apply: OLD NEW Deposit* $1,290.11 $1,395.90 Basic Fee $162.91 $176.27 Cost of Water Same as Commercial *Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench, and/or hydrant. E. FIRE PROTECTION SERVICE WATER RATE: This rate shall apply to all fire protection services or fire guards. The basic service charge will be equal to the minimum basic service charge. Water will be billed at commercial rates. 2. RATES OUTSIDE THE CITY LIMITS All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. EXHIBIT A - PAGE 2 - Effective June 22,2012 3. SURCHARGE IRRIGATION RATES - WATER QUANTITY CHARGE All customers will be charged the following rates per cubic feet of water used for the months of June through September. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0169/cf $0.0183/cf 301 to 1000 cf per month $0.0209/cf $0.0226/cf 1001 to 2500 cf per month $0.0278/cf $0.03011cf 2501 to 3600 cf per month $0.0360/cf $0.0389/cf Over 3600 cf per month $0.0468/cf $0.0506/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0169/cf $0.0183/cf 301 to 1000 cf per month $0.0209/cf $0.0226/cf 1001 to 2500 cf per month $0.0278/cf $0.0301/cf 2501 to 3600 cf per month $0.0360/cf $0.0389/cf Over 3600 cf per month per unit $0.0468/cf $0.0506/cf EXHIBIT A - PAGE 3 - Effective June 12,2011