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HomeMy WebLinkAbout2014-0714 Study Session PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, July 14, 2014 Siskiyou Room, 51 Winburn Way 5: 30 p.m. Study Session 1. Look Ahead review 2. Discussion about the DRAFT Film and Television Production Guidelines and Policy 3. Council input to the League of Oregon Cities regarding legislative priorities In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHAR`PBR CABLE-WILL BROADCAS`I-MBEITINGS-ON-OHANNEL-I80-OR t81. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US O O i0. 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A X O A r; o x z m O O CW. ♦ TN N n X31 1 ~ R O $N~qm 0 o ~ - A p ~ v A O N .a O OZow D ;>Kmo N N O d C d J d Q 0 _0 3 N 33 o~ ~d 3 D U r m N O N N j N 0 , d J O T T? ~ O) O T rn m J N< N y~ J W 7 N O C j . < 3 N y o °D m w °d m"0 w J m 0 2 0, a n 0 3 c S j j a m 0 3 3 0 3 J n d O C) J O 3, NN ^_O o n o 3 3 00 y.o J w 3 c 3. w' 3 m ' = n m J N 3 N N 3 N O d.d N. o 0 3 0 o f o J_ J 3, N d O 2 j A <i N n 3 3 N N O 1 Fn 0 Dy v~ M' m a 1 n D o d z c v~ N m O C rt~ N yy m L CD M_ n 1 (n 1 r Oo nx 2 D Z m G) d m a V O N O A CITY OF ASHLAND Council Communication July 14, 2014, Study Session Discussion and direction regarding the draft Film and Television Production Guidelines and Policy FROM: Ann Seltzer, Management Analyst, seltzeranashland.or.us SUMMARY Staff is seeking Council input on the draft Film and Television Production Guidelines and Policy prior to drafting a revised film and television ordinance and a resolution setting permit fees. At the February 4, 2014, study session, the Council expressed concerns regarding permit and liability insurance requirements for film and video production. This proposed guideline and policy document provides the City with flexibility by allowing film permit fees and/or liability insurance to be modified or waived if in the judgment of the city administrator, the impacts are minimal. It is intended to work in conjunction with a slightly modified and updated version of the existing film and video ordinance. BACKGROUND AND POLICY IMPLICATIONS: The current Motion Picture and Television Production ordinance and resolution was adopted in 1984. The purposes of regulating film and television production are: 1) to ensure the safety of participants, spectators and the general public; 2) to minimize the impact on public property and neighboring properties; 3) to minimize the impact and inconvenience to Ashland citizens, businesses, visitors and the disruption of necessary public services; and 4) to limit the liability risk to others and to public property. Discussion Points: Exemptions from Film Permit • Personal film or video produced solely for private family use. • Non-commercial film or video production that is contained entirely on state, federal or Ashland School District property. • Classes in audio visual work, including student, noncommercial, or teaching productions, when such work occurs entirely on public or private primary school, secondary school or college property. This means an audio/visual class at SOU that has students filming off-campus on non-State, non- Federal, non-commercial property needs to secure a film permit and provide liability insurance. The City Administrator has the discretion to waive fees. Page 1 of 3 CITY OF ASHLAND Note: Per SOU VP of Finance and Administration Craig Morris, SOU's liability insurance covers student filming. The City will require a copy of that insurance with the film permit application and a signed indemnification statement (provided by the City and signed by SOU). Film Permit Fees The proposed permit fees were developed in conjunction with Ashland film maker Anne Lundgren of JOMA Films and Gary Kout of Southern Oregon Film and Television, a trade association. The fees are based on impact and timing: the more people, the more vehicles and the higher number of film days have a greater impact and require more staff time than productions with fewer people, vehicles and film days. Applications submitted less than ten days in advance of filming are charged a higher fee than applications submitted more than ten days in advance. For example: Using the chart on page two of the guidelines; an applicant for a production with eight people and two vehicles, and who submits a film permit application 10 days in advance of production pays $75. An applicant for a production with 24 people and four 4 vehicles, who submits an application less than 10 days in advance pays $130. A premium fee is set for mid to larger productions that wish to film in the downtown core. This fee is intended to cover increased staff time (meeting with businesses, answering phone calls, coordination with Chamber of Commerce, coordination with other City Departments, road closures etc.). Special Event Permit Fees: If the production triggers a Special Event Permit (e.g. exclusive use of public right of ways and/or substantially impacts or impedes traffic flow), the applicant pays either the Special Event Permit fee or the Film Permit fee whichever is greater, plus the downtown core premium fee if applicable. For example: Using the chart on page 2 of the guidelines; an applicant for a production to be filmed in the downtown core with 24 people, and four vehicles who submits an application more than 10 days in advance would pay $325 under the film permit fees (see below). If the production requires street closures, traffic control, dedicated parking etc. the fees associated with a Special Event Permit are triggered. If the application is submitted less than 90 days in advance of filming the charges will include $250 (rush fee for special event permit because the application is received less than 90 days in advance) plus $250 (downtown core premium). The applicant will pay $500 in Special Event Permit fees, but no Film Permit fees. The applicant will also pay applicable fees for street closures, parking spaces etc. Film Permit 24 people, four vehicles, submitted ten days in advance $75 Downtown Core Premium 250 Total: $325 Special Event Permit 24 people, four vehicles, submitted ten days in advance $250 (rush fee) Downtown Core Premium $250 Total: $500 Page 2 of 3 ~r, CITY OF ASHLAND Insurance and Film Permit Requirements Film and Television permit applicants may be exempted from City of Ashland liability insurance requirements, if, in the judgment of the City Administrator, the impacts regarding traffic, noise, parking, crowd control and disruption to or obstruction of public rights of way are minimal and the risk to the City is deemed unlikely. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff seeks Council input on the draft Film and Television Production Guidelines and Policies SUGGESTED MOTIONS: N/A ATTACHMENTS: Draft Film and Television Production Guidelines and Policies Page 3 of 3 CITY Of ASHLAND DRAFT Film and Television Production Guidelines and Policies July 2014 Overview Ashland recognizes and welcomes the positive economic impact of film and video production in Ashland. The City regulates filming to ensure the safety of the film participants, spectators and general public, and to minimize the impact and inconvenience to Ashland citizens, businesses, visitors, the disruption of public services and the liability risk to others and to public property. Filming in City parks and park facilities may be subject to additional requirements established by the Ashland Parks and Recreation Commission. Depending on the nature of the production activities, additional City permits may be required. Generally, downtown Ashland is not available for filming on Halloween, the day after Thanksgiving (Festival Lights), July 4, or any day on which a conflicting event has previously been scheduled. Production companies are encouraged to contact Southern Oregon Film and Television (SOFAT) at 877-434-5676 during production planning and prior to applying for City of Ashland approvals. 1. Film Permits Unless exempted as described below in `B', a film or television production in the City of Ashland must have a City Film Permit, as well as any other required City approvals as determined by the nature of the production activities. A film permit is also required for activities related to staging or shooting commercial still photographs. Production activities that require the exclusive use of the public right of way or city-owned property and/or substantially impact or impede traffic flow must also secure a Special Event Permit. A. Application and Deadline 1. Where to obtain an Application. The application for a Film Permit is posted on the City's website at www.ashland.or.us/filmpermit or can be obtained from the City Administration office by calling 541-488-6002. 2. Application Submission Deadlines. Completed applications shall be submitted no later than ten (10) days in advance of filming. If the production triggers a Special Event Permit (e.g. requires exclusive use of a public right of way or substantially impacts or Film and Television Production Guidelines and Policies Page 1 of 5 impedes traffic flow) the completed application, including payment, must be received at least 90 days in advance or is subject to a `rush' fee charge of $250. 3. Criteria for Approval/Denial of Film Permit Application: • Is another event scheduled for the same day? • Is injury to persons or damage to property a realistic possability? • Will production activities substantially interfere with the safe and orderly movement of pedestrians, cyclists and vehicular traffic? • Is the proposed location adequate for the size and nature of the production activities? • What extent will City equipment, staff and services will be required? • Have insurance and indemnification requirements been met? • Have all other City permit requirements been met? • Have all required ODOT and/or Jackson County permits been secured? B. Exemptions from Film Permit • Personal film or video produced solely for private, family use • Non-commercial film or video production that is contained entirely on state, federal or Ashland School District property • Classes in audio visual work, including student, noncommercial, or teaching productions, when such work occurs entirely on public or private primary school, secondary school or college property. A film or television production may be exempted from permit requirements if, in thejudgment of the City Administrator, the impacts regarding traffic, noise, parking, crowd control and disruption to or obstruction of public rights of way are minimal and unlikely to be noticed by neighboring property owners or the public at large. C. Film Permit Fees 1. Basic Film Permit Fee. A permit is required for all commercial, for-profit film and television productions, whether on public or private property. The amount of the fee depends on how far in advance of filming the application is submitted, the number of cast and crew involved in the production, the number of large vehicles, the number of days for production, and whether the production will include areas in the downtown core. 'Fotallarge 1Vumberofdavs Pee Discounted Fee "Total cast Downtown Core vehicles filming in (if submitted less than 10 -(114submittea more than and crew Ashland days in.advanc, 10 days in advance Premium s 1-10 1-2 1-3 $50 $25 N/A 11-24 3-4 4-5 $130 $75 $100 25 or more 5 or more 5 or more $250 $150 $250 Film and Television Production Guidelines and Policies Page 2 of 5 Basic film permit fees are determined by the greater of (a) the number of cast and crew; (b) the number of vehicles, or (c) the number of production days in Ashland. Productions that require a Special Event Permit will pay either the Film Permit fee or the Special Event Permit, whichever is greaser. If filming in the downtown core, productions will pay the downtown core premium fee in addition to the Film Permit fee or the Special Event Permit fee. A film or television production may be exempted from permit fees if, in the judgment of the City Administrator, the impacts regarding traffic, noise, parking, crowd control and disruption to or obstruction of pubic rights of way are minimal and unlikely to be noticed by neighboring property owners or the public art large. 2. Special Event Permit Fees Based on the information provided in the permit application and the required meeting with City staff, additional fees will be charged for City personnel, street and sidewalk closures, reserved parking, and the use of public property. The cost for providing City personnel will be based on the number of City employees determined by the City to be required for overseeing the production to ensure the safety of the film participants and general public; and the amount the City pays for the hours worked by those employees at their normal wage rates. The final decisions on public safety requirements and security rests with the Ashland Police Department, Public Works Department, and the Ashland Fire Department. 3. Refunds. If the application is not approved, or if the applicant withdraws the request, the City Administrator and/or staff designee will evaluate and determine if a refund is appropriate. D. Additional Film Permit Requirements 1. Insurance and Indemnification. • The City of Ashland requires a Certificate of Insurance in the amount of at least two million ($2,000,000) dollars to protect the City against claims for personal injury or property damage that could occur because of production activities. The certificate must also name the City as an additional insured. A copy of the certificate must be submitted with the completed film permit application. • The Oregon Department of Transportation (ODOT) also requires a Certificate of Insurance if the filming occurs on ODOT right-of-way. • A Film Permit applicant must sign a City-provided indemnification agreement holding the City and its officers, employees and agents harmless from all liabilities, obligations and claims arising out of the applicant's production activities. • All applicants must conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. Film and Television Production Guidelines and Policies Page 3 of 5 Film and video productions may be exempted from liability insurance requirements, if, in the judgment of the city administrator, the impacts regarding traffic, noise, parking, crowd control and disruption to or obstruction of pubic rights of way are minimal and the risk to the City is deemed unlikely. 2. Notifications. Notification of proposed filming must be provided to affected residents and businesses in the surrounding area (as determined by Administrative review of the permit application) forty-eight (48) hours in advance of filming. • Notification letters to businesses must be hand delivered directly to the store owner/manager/employee and may not be posted on the door or window of the business. • Notification letters to residents may be left at the front door of the property but not in the mailbox of the residence. • Filming Notification forms are available from the City. 3. Meeting with City Staff. After receiving the completed Film Permit application and Special Event Permit application (if required), a meeting between City staff and the applicant will occur so both parties can review the proposed film location and identify other needs/permits etc. 4. Toilets. Arrangements must be made for toilets to accommodate the film crew. If portable toilets are used, their placement must comply with all local requirements. 5. Clean Up. The location(s) of the production activities must be cleaned and restored to pre-filming conditions. II. Other Required Permits/Approvals A. Business License A business license is required to film in Ashland. A temporary Business License is $25.00 and is valid for 30 days. In addition to the business license for the film production company, any subcontractors also must have a business license, including security companies, caterers, etc. B. Special Event Permit If film production activities require the involvement of multiple city departments - for example Police, Fire, Public Works, and Parks the applicant may be required to secure a Special Event Permit and comply with all associated requirements and fees, in addition to the Film Permit and its fees. C. Food and Beverage Tax Caterers must pay the City Food and Beverage Tax. D. Miscellaneous Regulations The following table outlines other regulations that may apply to film production activities: Film and Television Production Guidelines and Policies Page 4 of 5 Questions Contact Phone Possible Permit Will filming occur in a city ark? Parks and Recreation 541-488-5340 - Will a public address system, bullhorn Administration 541-488-6002 Noise or amplified music be used? Will filming interfere with a bus route RVTD, Field Operation Coordinator 541-779-2877 or schedule? Will food be served (e.g. open flame, Ashland Fire & Rescue 541-482-2770 Fire propane tank etc)? Will alcoholic beverages be served? Oregon Liquor Control Commission 541-776-6191 OLCC temporary City Recorder 541488-5307 license Ashland Fire & Rescue 541-482-2770 Will filming include tents, canopies, Ashland Fire & Rescue 541-482-2770 Fire booths, cooking, ,rotechnics etc.? Does your event involve the Plaza? Administration 541-488-6002 Plaza Will filming occur on Highway 99 (e.g. Oregon Department of 541-774-6328 North Main, Fast Main, Lithia Way, Transportation 541-774-6360 Siskiyou Blvd.) or on Highway 66 (e.g. Ashland Street)? Jackson Count Roads 541-774-8184 Do you need reserved parking, street or Public Works 541-488-5857 sidewalk closures? Included in this packet: 1. Business License Application 2. Film Permit Application 3. Indemnity Agreement 4. Copy of Ashland Municipal Code Chapter 6.36 regarding Motion Picture and Television Productions Film and Television Production Guidelines and Policies Page 5 of 5 CITY OF ASHLAND Council Communication July 14, 2014, Study Session Council input to the League of Oregon Cities regarding legislative priorities FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The League of Oregon Cities (LOC) Board of Directors has requested that each member city identify its top four priorities for the 2015 Legislative Agenda. Possible priorities are generated by a variety of LOC policy committees that met this spring. Staff has solicited input from the Council provide and will review this input at the Study Session for the purpose of coming to a consensus on the legislative priorities the City wishes to recommend to LOC. BACKGROUND AND POLICY IMPLICATIONS: The League of Oregon Cities surveys its member cities to set legislative priorities for its work during the sessions of the Oregon Legislature. The League's policy committees this spring developed a list of 22 legislative objectives. Each city is being asked to review the recommendations of the policy committee and provide input to the LOC Board of Directors as it prepares to adopt the League's 2015 legislative agenda. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: N/A ATTACHMENTS: LOC Policy Committees' Legislative Recommendations Page I of 1 LOC Policy Committees' Legislative Recommendations Priority Description Community Development A. Provide tools for brownfield Supports finding funding sources and cost reductions for cleaning up brownfields to remediation including S 10 million support economic development. The Brownfield Redevelopment Fund Program provides in recapitalization of the gap financing to clean-up industrial sites but has not been recapitalized to address the redevelopment fund, new increasing need for clean-up of brownfield sites. However, the fund is not large enough incentives such as tax credits, or to address this need on a statewide basis, so further support for efforts to determine regulatory modifications. alternative means to incentivize brownfield redevelopment will increase available industrial sites and help drive economic development. Overall, increasing tools to redevelop brownfields provides more options to cities looking to redevelop current brownfields into a better use. B. Support capitalization of the Provides funding for two programs created in 2013 for addressing lands that are zoned industrial site readiness loan industrial but are not being used for industrial purposes: the industrial site readiness program at $10 million and the program and the industrial site readiness assessment program. The first provides industrial site readiness forgivable loans to local governments that bring industrial sites to shovel ready status, assessment program at $200,000. such as by placing infrastructure or cleaning up a brownfield. The second allows regions to determine what is preventing land designated for industrial use from being built for industrial use. However, no money was provided to fund either program in the 2013- 2015 budget. C. Prioritize grants providing In the last two biennia, the Oregon Department of Land Conservation and Development assistance for natural disaster general fund grant program has seen a significant drop in the money allocated to it with planning and updating increasing need from local governments to address technical planning issues and update comprehensive plans to addre.. pursuant to periodic review. In addition, the Oregon Seismic Safety Policy Advisory likely natural disasters in a Commission, has released a report related to ongoing need for upgrading resilience in community, and increase the grant response to a major earthquake and recent natural disasters have raised awareness relating funds available to cities through to land use planning. Raising the general fund grant program back to the 2009-2011 the DLCD's general grant funds to budget levels will help more cities address their planning needs and seek technical S2 million. assistance. This would also alter the uses for these funds to include planning that increases resilience to natural disasters and meet their Goal 7 requirements. D. Reform the Post Acknowledgment Changing the appeals requirements for post-acknowledgement plan amendments Plan Amendment process to (PAPAS) will keep decision making for land use policy at the local level first, allowing require appellants to raise issues city official to determine the scope of legislative changes they make to their plans without before the local government trying to fight a new issue on appeal. This "raise it or waive it" standard currently exists before raising the issue on appeal. for quasi-judicial decisions at the local level and insures that local decisions are not attacked on appeal on an issue that a city could have resolved in finalizing its decision. Modifying the PAPA appeal insures more land use decisions start with addressing all issues at the local level first. Energy E. Modify the existing" 1.5% green Oregon statute currently requires public contracting agencies to invest 1.5% of the total energy technology for public contract price for new construction or major renovation of certain public buildings on buildings" requirement to allow solar or geothermal technology. The requirement allows for offsite technology, but only for offsite solar investments. if the energy is directly transmitted back to the public building site and is more cost- effective than onsite installation. Removing the requirement that an offsite project be directly connected to the public building project could result in increased flexibility for local governments to invest in solar projects that are more cost-effective and that could provide for increased solar energy production. Page 1 of 5 LOC Policy Committees' Legislative Recommendations F. Support efforts to eliminate the Oregon's low carbon fuel standard, also known as the Clean Fuels Program, was initially sunset on the Low Carbon Fuel adopted by the 2009 legislature. The standard would require fuel producers and importers Standard program. to cut the carbon intensity of gasoline and diesel fuels by ten percent over a 10-year period in order to reduce greenhouse house gas emissions, reduce dependence on imported oil, and expand upon Oregon's renewable fuel industry. Fuel producers and importers can meet the standard through providing additional biofuels, natural gas or electricity, or by purchasing clean fuel credits. The program includes several consumer protection mechanisms to help ensure an adequate fuel supply and competitive fuel pricing. The program, as initially adopted is scheduled to expire, or sunset, on December 31, 2015. The League will work to support efforts to eliminate the sunset on the program. Finance & Taxation G. Phase out the 3% discount for the Oregon law offers a 3% discount for property owners who pay the full amount due by early payment of property taxes. November 15`h. A 2% discount is offered for those that pay two-thirds of the amount due by November 15". The League will phase out the discount over a period of time and adopt a penalty for failing to a b November 15th to mitigate any cash flow issues for local governments. H. Improve the fairness of how new New and improved property is brought on the tax rolls by applying an annual county-wide and improved property is added to ratio of assessed values (AV) to real market values (RMV) to the new or added value of a the tax roll. property, in an attempt to replicate the property tax discount given to properties via Measure 50. However, significant variation between AV and RMV exist within a county, resulting in the discount often being inequitable compared to neighboring properties, as well as being out of line with the discount originally offered to properties when Measure 50 passed in 1997. As a result, similarly situated and valued properties can have significantly different property tax liabilities. The League will work to modify the property tax system to improve the fairness of how new property added to the tax roll. 1. Improve clarity and certainty State law limits how transient lodging taxes increased or adopted after July 2003 can be around transient lodging tax spent, with statute requiring that 70 percent of increased or new transient lodging tax statute. revenues be expended on tourism promotion or tourism-related facilities. There is uncertainty, however, as to what qualifies as a tourism-related facility and the timeline in which such expenditures can be legally challenged. The League will seek to improve the certainty around what qualifies as a tourism-related facility and reasonably limit the timeframe in which such expenditures can be legally challenged. General Government J. Reform Oregon's recall Under Oregon law, an elected official may be recalled by an initiative petition for any procedures to encourage a greater reason after the first six months of their term. Limiting recalls to cases where there has participation of the electorate and been demonstrated wrong doing by a court or regulatory body (such as the Oregon ensure that it is used for reasons Government Ethics Commission) would prevent the misuse of recalls without limiting the involving misconduct. power of the electorate to reverse a decision. Recalls should be limited to acts of malfeasance or offenses involving moral turpitude. Page 2 of 5 LOC Policy Committees' Legislative Recommendations K. Allow for price comparison when In 2011 the Oregon Legislature required cities to use a qualifications based selection procuring architects and (QBS) process that prohibits the consideration of price until an initial selection has been engineers. made when hiring architects, engineers and photogrammetrists. This requirement prevents local governments form comparing pricing and effectively eliminates price competition when procuring these services. L. Clarify and enhance medical Existing restrictions on the placement of medical marijuana dispensaries (MMD) are marijuana dispensary regulations. inconsistent with land use regulations and should be clarified. Additionally, background checks are not required on people who work in MMD and there is no regulation on the manufacture of oils and other liquid marijuana products that use flammable/explosive substances in their processing. M. Enhance mental health services. Oregon's police departments have marked an increase in interactions with the mentally ill in recent years. Crisis intervention teams (CIT) have proven effective and deescalating interactions with the mentally ill, but this service model is not available in all parts of the state. Additionally, there is a demonstrated need for "drop-in" mental health services that allow for treatment before a person enters a state of crisis. There should be statewide access of CITs, and emergency access to mental health services to promote patient and community safety. Additionally, mental health services should be examined holistically to ensure that Oregon is providing the best possible care to the mentally ill. Human Resources N. Ensure that arbitrator awards are Currently, an arbitrator's award overturning an employer's disciplinary decision must in compliance with state, as well comply with state policies on issues including, but not limited to: use of force, sexual as local policies. harassment, or misconduct. Precedent has established that only state policies apply to the enforceability to an arbitrator's award. 0. Ensure that collective bargaining "The Police Officer's Bill of Rights" was intended to offer protections for officers who agreements trump state mandates were under investigation if there was no collective bargaining contract or the contract was on police investigations. silent on how investigations were to be conducted. Changes made in 2009 have resulted in confusion and manipulation of the bargaining process. The statute needs to be amended to brie it back to the original intent of the bill. P. Require earlier submission of last Under current law, last best offers (LBOs) must be submitted 14 days prior to opening of best offer. arbitration in the event parties have declared an impasse, and binding arbitration is being used to settle the contract. Most arbitrators use a 30-day cancellation policy that requires payment even if parties settle prior to the commencement of arbitration. Requiring LBOs to be submitted 35 days prior to the opening of arbitration would provide an opportunity to settle without paying unnecessary fees. Telecommunications Q. Support the reintroduction of Protection of local authority to manage public rights of way (ROW) and receive legislation that repeals ORS compensation for any use of those facilities continues to be at the forefront of the 221.515 (HB 2455 -7 in 2013) League's telecommunications agenda. The League's "Oregon Municipal Policy" removing the franchise fee rate generally asserts local government Home Rule authority and specifically refers to the and revenue restrictions which telecom management and compensation authority of Oregon cities. currently apply to incumbent local exchange carriers, or other Since 1989 state statute has caused a disparity between certain types of legislation that: telecommunications providers with regard to how franchise fees are collected. The • Does not preempt local League's preference is equity between all providers using the ROW, but with continued authority to manage the public local ability to negotiate individual franchise agreements with individual service ROW and be compensated for providers. its use; • Maintains or increases the During the 2013 legislative session the League supported efforts by Comcast to enact opportunity for revenue legislation doing away with the disparity. HB 2455 would have repealed ORS 221.515, thus allowing cities to charge all telecommunications in the same manner. The proposal growth; and received a hearing but was not approved in committee. • Is technology neutral. The committee chair may be interested in re-introducing the proposal in 2015. However the telecom industry, this time including Comcast, is likely to introduce legislation Page 3 of 5 LOC Policy Committees' Legislative Recommendations dealing with the disparity in a manner that cities may find objectionable, including rate caps on an overly narrow revenue base and other policies that could infringe upon both management and compensation authority and negatively impact city revenues. R. Oppose legislation preempting the Same as above. ability of cities to manage and receive compensation for the use of a public ROW including: • Establishment o£a "one-size- fits all," state-wide franchise fee policy and collection system. • Prohibition of a city's authority to levy franchise fees on other local government entities. Transportation S. Pass a comprehensive The League of Oregon Cities agrees that the state's transportation system and the policy transportation funding and policy and funding programs that support it must be multimodal in scope. The League will package containing the following therefore support and work to achieve passage of legislation in 2015 that seeks to address elements: funding and policy initiatives relating to all modes (streets, bike/ped, transit, rail, aviation • A gas tax increase of up to 5 and marine) and in so doing addresses such issues as: cents/gallon. • Connectivity • Index the gas tax either to the • Safety consumer price index or some • Jobs and economic development other accepted and relevant • Transportation impact on climate change economic index. • Active transportation and public health • Continued development and expansion of the state's Given the fact that maintenance and preservation needs have outpaced the resources commitment to a available for streets, roads and highways, and given the threat that represents to transportation user fee based investments already made in the transportation system, the League will insist on a on vehicle miles traveled transportation package that increases and makes more sustainable the ability of all (VMT). government jurisdictions to preserve and maintain these assets. • License plate fee increases to include lightweight trailers. Note: The Small City Allotment has not been increased since its inception in the early • No change in the 1990's. The additional revenue to cities from the 2009 Jobs and Transportation Act constitutional dedication of did not increase road funding for small cities. State Highway Trust Fund dollars to highway, road and street projects (Article 9, Section 3a, Oregon Constitution). • New revenues coming to the State Highway Trust Fund should continue to be split between the state, counties and cities 50%-30%-20% respectively. • Increase in the statutory (ORS 366.805) "Small City Allotment" fund from S I million to S5 million annually, split evenly between the Oregon Department of Page 4 of 5 LOC Policy Committees' Legislative Recommendations Transportation (ODOT) and the cities' share of the trust fund. • No restriction, moratorium or preemption of local government ability to generate their own revenues for transportation funding. • Adequate funding for the maintenance and preservation of "orphan highways" in Oregon as part of a more robust jurisdictional transfer program. T. Continued or enhanced funding ConnectOregon is the state's premier multi-modal funding program, and is funded out of for ConnectOre on lottery revenues. Water/Wastewater U. Support efforts and program According to the Oregon Water Resources Department, 2013 marked the fourth driest funding to address Oregon's long year on record for Oregon, with some areas experiencing their driest year on record yet. term water supply needs including Oregon experienced below average precipitation in 2013 and continuing into 2014. As of recapitalization of the Water May 2014, snow measurement sites in many part of Oregon show record lows for Conservation, Reuse and Storage snowpack levels. As a result, summer streamflows are expected to be below average and Grant Program and water shortages are likely for many part of Oregon. implementation of a place-based pilot program for local water The League will work in conjunction with the Oregon Water Resources Department to resources planning fund programs to address water supply shortages. These efforts will include support for ongoing funding of the Water Conservation, Reuse and Storage Grant program which provides grant funding for water supply project feasibility studies. The League will also support efforts for the Oregon Water Resources Department to establish a place-based planning pilot program to facilitate local collaboration among interested stakeholders and the creation of a blueprint for long-term integrated water resources planning and implementation. V. Support efforts to establish a According to the Oregon Department of Environmental Quality, over 30 percent of program that would provide low- Oregonians rely on septic systems to treat wastewater from their homes and businesses. interest loan opportunities to Many of these systems are within the boundaries of a municipal wastewater system, and a address failing residential onsite number of these systems are in need of repair or replacement. Failing septic systems, septic systems. The new loan especially those within proximity to groundwater resources, create a significant human program would support repair and health hazard. However, significant costs to address failing septic systems often create a replacement of failing systems or burden for homeowners who are unable to pay for costs associated with repair, conversion to a municipal replacement or conversion over to a public sewer system. wastewater system, if the conversion is at the request of the The League will work with the Oregon Department of Environmental Quality to establish impacted municipality. a revolving loan program that private residents can access in order to address failing septic systems. The League will further advocate that the program include mechanisms to encourage participants to convert over to a municipal wastewater system if conversion is at the request of the impacted municipality. Page 5 of 5 Please mark 4 boxes with an X that reflects the top 4 issues City' that your city recommends be added to the priorities for the League's 2015 legislative agenda. Community Development ❑ A. Provide tools for brownfield remediation including S 10 million in recapitalization of the redevelopment fund, new 'incentives such as tax credits, or regulatory modifications. ❑ B. Support capitalization of the industrial site readiness loan program at S 10 million and the industrial site readiness assessment program at $200,000. ❑C. Prioritize grants providing assistance for natural disaster planning and updating comprehensive plans to address likely natural disasters in a community, and increase the grant funds available to cities through the DLCD's general grant funds to $2 million. ❑ D. Reform the Post Acknowledgment Plan Amendment process to require appellants to raise issues before the local government before raising the issue on appeal. Ener E..E Modify the existing "1.5% green energy technology for public buildings" requirement to allow for offsite solar investments. ❑ F. Support efforts to eliminate the sunset on the Low Carbon Fuel Standard program. Finance & Taxation G. Phase out the 3% discount for the early payment of property taxes. ❑ H. Improve the fairness of how new and improved property is added to the tax roll. ❑ I. Improve clarity and certainty around transient lodging tax statute. General Government J. Reform Oregon's recall procedures to encourage a greater participation of the electorate and ensure that it is used for reasons involving misconduct. ❑ K. Allow for price comparison when procuring architects and engineers. ❑ L. Clarify and enhance medical marijuana dispensary regulations. ❑ M. Enhance mental health services. Human Resources N. Ensure that arbitrator awards are in compliance with state, as well as local policies. ❑ O. Ensure that collective bargaining agreements trump state mandates on police investigations. ❑ P. Require earlier submission of last best offer. Telecommunications Q. Support the reintroduction of legislation that repeals ORS 221.515. ❑ R. Oppose legislation preempting the ability of cities to manage and receive compensation for the use of a public ROW. Trans ortation S. Pass a comprehensive transportation funding and policy package. ❑ T. Continued or enhanced funding for ConnectOregon. Water/Wastewater U. Support efforts and program funding to address Oregon's long term water supply needs including recapitalization of the Water Conservation, Reuse and Storage Grant Program and implementation of a place-based pilot program for local water resources planning. ❑ V. Support efforts to establish a program that would provide low-interest loan opportunities to address failing residential onsite septic systems. The new loan program would support repair and replacement of failing systems or conversion to a municipal wastewater system, if the conversion is at the request of the impacted municipality. Note: As indicated, property tax and land use reform will remain as priority efforts.