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2014-0916 Council Mtg PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding 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 chair 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 nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 16, 2014 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.] 6:30 p.m. Executive Session (in Jury Room) for legal counsel pursuant to ORS 192.660(2)(f), ORS 192.500(1)(h). 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. Business Meeting of September 2, 2014 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Airport Commission 2. Proclamation of October as Mayors United to Help Fight Hunger Month 3. Proclamation of September 21, 2014, as International Day of Peace VII. 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] VIII. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Procurement for tires and related services COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 3. Fire Prevention and Safety Grant application 2013 4. Liquor License Application for Michael Leslie dba Vinyl Club 5. Contract with KOGAP Enterprises, Inc. for the Mountain Avenue Overlay Project 6. Approval of recommendation from the Public Art Commission for painting electrical utility boxes on the corner of A Street and Oak Street and on Pioneer Street near A Street IX. 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 X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Designation of voting delegate to LOC annual meeting 2. Recommendation from the ad hoc Downtown Improvement and Beautification Committee for the use of TOT funds for "other City projects that qualify" XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance repealing AMC Chapter 6.36, Film and Television Productions and enacting replacement AMC Chapter 6.36 Film Productions" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING 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, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Regular City Council Meeting September 2, 2014 Page 1 of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 2014 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Wildfire Mitigation, Forest Lands, Public Arts, and Tree Commissions. City Administrator Dave Kanner and Council set September 18, 2014 at 8:30 a.m. for the next Goal Setting session. APPROVAL OF MINUTES The minutes of the Study Session of August 18, 2014, the Executive Session of August 18, 2014 and the Business Meeting of August 19, 2014 were approved with a clarification from the Mayor. Mayor Stromberg clarified his intention on page 5 of the Business Meeting of August 19, 2014, under the motion to approve the Resolution establishing tax rates for the sale of medical marijuana, with the following statement, "that although I support not taxing dispensaries if they operate like actual pharmacies, there's a good chance they won't, especially if the State integrates them with recreational marijuana outlets. In this case, the City may have substantial additional costs. So, for now, I believe we should tax the dispensaries to protect ourselves in case we get grandfathered but as part of the deal dispensaries are left out because we set their tax rate at zero." SPECIAL PRESENTATIONS & AWARDS City Administrator Dave Kanner presented the 2014 drought noted the following: • Talent/Phoenix/Ashland (TAP) completed and under budget • Few calls received on quality of water • Reeder Reservoir is 99% full - due to addition of Talent Irrigation District (TID) water • Water use remains low - under 4,000,000 gallons per day (mgd) • TID closes irrigation season on September 15 - if the City continued getting 2 mgd from the East and West Forks it may start to draw down the reservoir at 1 mgd • Water measures if the drought continued into winter and possibly banking water Division Chief-Forest Resource Chris Chambers and Lomakatsi Executive Director Marko Bey presented an update on Ashland Forest Resiliency (AFR) Stewardship Project funding. The update included background on the Master Stewardship Agreement, funds spent using stimulus dollars, grants, and dedicated funds. Lomakatsi Restoration Project provided fuel reduction work on 215 acres in the watershed and submitted a proposal, AFAR, for fuels treatment all around the watershed on private non- federal lands to compliment the work in the AFR project. The National Resources Conservation Service (NRCS) could provide an additional $3,900,000 to treat the 4,200 acres involved in that project through a special mechanism called the Regional Cooperative Conservation Partnership. Lomakatsi implemented 140 acres with 2013-14 funds from the City. Using matching funds from the National Forest Foundation Regular City Council Meeting September 2, 2014 Page 2 of 6 and the City, Lomakatsi implemented 75 acres with 275 acres targeted for completion December 31, 2014. Of the $350,000, AFR spent all but $35,000. CONSENT AGENDA 1. Approval of commission, committee, and board minutes 2. Appointments to Airport Commission 3. Appointment to Historic Commission 4. Endorsement of the Monster Dash for the purpose of hanging a banner Councilor Voisin/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None PUBLIC FORUM Kelly Hammond/184 Clearcreek Drive/Requested a stronger police presence downtown specifically on the southwest corner of East Main Street and Pioneer Street. This area was a gathering place for the transient community and this summer brought an increase of unacceptable behavior. She shared an incident where a transient's dog bit a customer from the store she worked at. An officer stationed in the area would have prevented this occurrence. Another issue was the escalation in aggressive pan handling and lewd comments. She stressed this was bad behavior of a few, not all and submitted a document into the record. Pam Hammond/642 Van Sant Street/Suggested the Mayor and Council remind downtown businesses of their responsibility for keeping the sidewalks safe and clean adjacent to their businesses. She suggested the City offer a steam cleaning service for a fee to downtown businesses on a monthly basis. She expressed concern for the animals that accompanied transients and spent their days on leashes in the hot sun and cement on the corner of Pioneer Street and East Main Street. She thanked Police Chief Holdemess for the more visible police presence over the Labor Day weekend. The last few weeks were extremely challenging for her employees and visitors with the dense population of people and animals on the corner of East Main Street and Pioneer Street. They were grateful when they received a quick response to their phone calls. Councilor Lemhouse/Rosenthal m/s to place both items under New Business for council discussion. Voice Vote: all AYES. Motion passed. Mayor Stromberg moved the items under Other Business with Council consent. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. FY 2013-2014 Fourth Quarter Financial Report Administrative Services Director Lee Tuneberg explained the report showed preliminary numbers, staff was still finishing the audit and preparing financial reports for a meeting with the Audit Commission. Total cash was flat between the years with many revenues and several expenditures in capital projects. The year finished within budget compliance and relatively close to projections. Mr. Tuneberg clarified and explained how water sales increasing and usage decreasing did not necessarily indicate a rate increase. The similar applied to the city overspending $1,600,000 compared to the anticipated $11,000,000 reduction in working capital carry forward. Staff compared total resources to total requirements. Another factor were capital projects not starting as scheduled causing fluctuations on the carry forward with funds received for one year being spent in the following year. He went on to clarify Regular City Council Meeting September 2, 2014 Page 3 of 6 the money transferred from the Reserve Fund into the General Fund was for the Community Resource Center and the health benefits fund as a loan. Councilor Rosenthal/Voisin m/s to accept the preliminary fourth quarter financial report for Fiscal Year 2013-2014. Voice Vote: all AYES. Motion passed. 2. Recommendation from the ad hoc Downtown Improvement and Beautification Committee for the use of TOT funds for "other City projects that qualify" Management Analyst Ann Seltzer explained the Committee developed a plan using transient occupancy tax (TOT) funds for beautification projects primarily in the downtown area. The Committee identified the following projects for the current budget cycle: • Landscape Improvements to Lithia Way/Pioneer Street Parking Lot Ms. Seltzer explained pedestrian traffic patterns were already established and the Parks and Recreation Department created bark dust pathways to channel people through the area. The Parks and Recreation Department used fencing to protect new plants along the Lithia Way buffer in the past and removed it when the plants were established. The intention was protect the plants and make a decision regarding the fencing later. Council wanted to review implementation plans for each project for final approval. • Commission a vertical decorative element/public art for the half wall adjacent to Earthly Goods and incorporate seating Ms. Seltzer clarified the Public Arts Commission would develop a request for proposal (RFP) for conceptual designs. Brent Thompson vice-chair of Beautification Committee further clarified the allocation was up to $18,000. • Planter at the corner of Winbum Way and North Main • Triangle at the corner of Pioneer Street and Lithia Way Staff confirmed the Engineering Department was involved in the recommendation to use funds from the miscellaneous concrete fund. Mr. Thompson confirmed recommendations before Council did not go through the Transportation Commission. The Downtown Improvement and Beautification Committee did not think they were germane to the Transportation Commission. Councilor Voisin motioned that the Transportation Commission look at those projects dealing with pedestrian safety issues. Motion died for lack of a second. • Plaza - free standing planters, additional plants, decorative fencing to protect new plants Council wanted to know the type of planter, plants, and colors, which department would provide maintenance, projected annual overhead costs, staff time, budget, and who would decide what it looked like. Mr. Thompson responded the project would go out for bid and come back to Council for plan approval. • Plaza partial paver replacement The Committee would forward recommendations for the next fiscal year to Council at a future meeting. Projects the Committee had already implemented included three new temporary Welcome to Ashland signs, colored pennants in the Plaza, installing a pedestrian light at the staircase leading from New Theatre to East Main Street, and allocating $12,500 for right of way improvements on Lithia Way between Pioneer Street and Oak Street that would begin fall 2014. Regular City Council Meeting September 2, 2014 Page 4 of 6 Isabeau Vollhardt/45 Alida Street #2/Expressed concern regarding the color of the pavers in the Plaza and explained the color created heat issues during the summer. The first priority project should be replacing 60%-75% of the pavers. If cost was an issue, there were several residents willing to spearhead a fund raising campaign. Shade was another issue that needed attention. Rik Burns/77 California Street #4/Also had concerns regarding the Plaza and wanted to remind the Committees and those involved in future projects to honor the agreed plans between the City and the community to avoid another "Plaza Gate." Doug Burns/77 California Street #4/Referred to his previous public testimony regarding paver selection in the Plaza that outlined violations of the Ashland Municipal Code, and how the City Administrator and City Attorney did not know or take responsibility for the obvious violations. The violations included the decision to change the pavers from salmon to gray because it complimented public art and the other was a subcommittee making a decision on a $225,000 project. He felt maligned by the City Administrator following his prior testimony. Councilor Lemhouse called for a point of order explaining Mr. Bums's comments did not pertain to the topic and he should have spoken during Public Forum. The City Attorney agreed. Mr. Burns took issue with the decision and reiterated his points. John Wieczorek/165 Orange Street/Noted the need for more public restrooms open 24 hours a day. He specifically addressed the Porta Potty. Marilyn Briggs/490 Glenview Drive/Researched public spaces and noted the original discussion regarding the Plaza included requests for low maintenance and decisions that would avoid vandalism. The recommendation to add planters would cost more to maintain and most likely incur vandalism. If people wanted greenery, Lithia Park was across the street. She did not want more expenditure on greenery for the Plaza. She noted designers talked about open public space being neutral creating a background. It was the people in the space providing the color and movement. From her research, very few plaza spaces used red or sand colored brick. She hoped the City would not spend a lot of money on something not needed. She went on to suggest the City create a proper entry to City Hall. Committee member Stefani Seffinger thought the Beautification Committee should continue and work on the paver project if Council went forward with that recommendation. The purpose of the Plaza needed better definition, was it a gathering space or an area to pass through. She submitted an article on trees that pollute into the record. Committee member Michael Dawkins shared input from long term residents that noted the Plaza had more activity recently than years before. He also added on hot days it did not matter what color the pavers were, they were all hot. Mr. Thompson made additional comments on the Committee and explained there was $25,000 of unallocated funds leftover for biennium July 1, 2015 - June 30, 2017. The Committee would reconvene if Council wanted. Councilor Lemhouse/Slattery m/s to approve the recommendations of the Downtown Beautification Improvement ad hoc Committee and direct staff to provide Council with a plan for implementation for each project. DISCUSSION: Councilor Lemhouse thanked the Committee and City staff for their involvement and efforts and appreciated their willingness to reconvene if needed. It was prudent to accept the recommendations and get further into the details when the implementation plans came before Council. He was not comfortable at the Council level choosing color palettes. Councilor Slattery sat in on the Committee once and thought how the Committee behaved defined democracy in a small community. Councilor Marsh added the Committee exceeded Council expectations and liked their expertise and recommendations. She suggested including RFP's with the implementation plans in order Regular City Council Meeting September 2, 2014 Page 5 of 6 to be as transparent and publicly accessible as possible. Councilor Rosenthal liked the recommendations with one exception he might vote against in the future. Councilor Voisin motioned to amend the motion that the Council table the two plaza projects for a later date and focus on the other projects. Motion died due for lack of a second. Councilor Morris explained that even thought he did not second the motion he would wait until the information on the projects came forward to decide whether to support them or not. Continued discussion on main motion: Mr. Kanner explained staff would send out RFPs and RFQs (Request for Quote) to landscape architects for designs that would go before Council for approval prior to moving forward. He estimated the most expensive RFP or RFQ would cost $4,000. Councilor Marsh suggested involving Council at the earliest feasible phases on the projects particularly the Plaza projects. Roll Call Vote: Councilor Slattery, Rosenthal, Marsh, Voisin, Lemhouse, and Morris, YES. Motion approved. 3. Direction to staff regarding questions for citizen survey City Administrator Dave Kanner explained every other year the City participated with the National Research Center in the National Citizens Survey along with 500 cities nationwide. As part of the survey, the City could ask three locally generated questions, one open ended and two multiple choice. The Parks Commission wanted to ask what programs the community wanted Parks and Recreation Department to offer or expand as the open-ended question and Council agreed. Council selected a question regarding economic development and one regarding the City Hall building. They requested the question for the City Hall building be less specific or to use the original question staff proposed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution establishing fees and charges effective September 4, 2014, for medical marijuana dispensary application processing" Administrative Services Director Lee Tuneberg explained the resolution provided new fees when the City processed permits for medical marijuana dispensaries beginning Thursday September 4, 2014. City Attorney Dave Lohman submitted a revised resolution that did not have language regarding background checks. Enforcement regarding employees with disqualifying criminal background could occur through owner self-disclosure, via complaint, or discovered during an investigation of the dispensary. The condition of not having a disqualifying criminal history was continual. Councilor Rosenthal/Marsh m/s to approve Resolution 2014-16. Roll Call Vote: Councilor Voisin, Rosenthal, Marsh, Lemhouse, Morris, and Slattery, YES. Motion approved. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding transients and safety issues for the E Main Street and Pioneer Street area. Police Chief Terry Holderness explained the Police Department provided more coverage to the downtown area this summer than in the past. He originally intended 100 hours of coverage but due to staffing and the You Have Options program was only able to provide 70 hours a week. The summer was relatively quiet until the past two weeks that generated several complaints downtown. Jackson Wellsprings held an annual music event a week before Burning Man that drew many transients and travelers. People typically would stay for a few days then leave for Burning Man however, this year several stayed in Ashland that resulted in issues and complaints. Most of the conduct described was not against the law in the state of Oregon and that included harassing comments. The Police Department planned to increase patrol of the downtown area for the next couple of weeks until the group passed through. He hoped that the following summer the department would be fully staffed and funded to Regular City Council Meeting September 2, 2014 Page 6 of 6 provide 100 hours of coverage in the downtown area each week. The Police Department had issued many tickets to people visibly intoxicated and drinking in public but did not think citations were a deterrent for people not intending to stay in the area. People ticketed this summer who did not pay their fines would have warrants issued for their arrest when they returned the following year. The area in front the Black Swan that caused so much issue would undergo a remodel through the Oregon Shakespeare Festival (OSF) that would reduce complaints at that corner. The changes would displace some transients to another location. Chief Holderness clarified sexual harassment was a civil tort and not a criminal violation. Sexual assault was reasonable apprehension of physical violence established through the reasonable person standard. Chief Holderness was confident the changes to the Black Swan area would drastically reduce activity next year. The problem was displacement. Another contributing issue was raised planter boxes off the sidewalk, wherever planters like that stood the City had problems. He addressed dogs and explained the police cite owners for not maintaining their dogs or physically abusing them but did not cite for undernourished animals. It was also difficult enforcing licensing and vaccination requirements on dogs with transient owners. Council would further discuss police presence and what action Council could take at a future Study Session. City Administrator Dave Kanner explained staff had discussed offering a service to steam clean sidewalks for businesses during the shoulder seasons. The Street Department staff was extremely busy with work they could only accomplish during summer. The City did not clean the sidewalks because it was a resource allocation issue and the Ashland Municipal Code stated that the adjacent property owner was responsible for maintaining the sidewalk in a clean and safe condition and removing obstructions. Mr. Kanner would look into a program for the off-season, establish a fee rate, and bring it back to Council for consideration. Councilor Marsh shared that 200 families attended the Family Fest event at the Ashland Resource Center held August 27, 2014 and received a variety of services. Councilor Lemhouse noted people brought 157 lbs. of food to the Ashland High School scrimmage that occurred August 23, 2014. Councilor Voisin congratulated the Police Department for their nomination of the Webber Seavey Award for excellence in Law Enforcement for the You Have Options Program and making it to the top ten. Mr. Kanner announced a ribbon cutting celebration for the TAP pipeline Thursday, September 11, 2014 at 4:30 at the new pump station at 2253 Rogue Valley Highway 99 North. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:29 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor o Ga o A A o Am~,Qqy-, ~ ~PROCLAMATION . Hunger is a serious problem, among our elderly and disadvantaged child and adult .t populations in Ashland. °°to °.a • Mayor Stromberg comes together with the mayors of Medford, Central Point, 'Talent, Phoenix; Jacksonville, Butte Falls, Eagle Point, Shady Cove, Gold Hill and Rogue River, once a year in October to raise money and awareness for ACCESS, _ the designated Community Action Agency for Jackson County, Oregon. , • The mayors of Jackson County have established their efforts in October as the S ° annual "Mayors United: Helping ACCESS Feed our Community".°o • ACCESS provides numerous programs through their housing, weatherization ~ nutrition and senior outreach services, to help low-income and disadvantaged citizens in Jackson County help themselves. E) Q • ACCESS Food Share provides 3.1 million pounds of food annually (59,615 pounds weekly) to over 10,062 families throughout Jackson County through a collaborative - network of 25 food pantries staffed by volunteers and more than 20 programs ~p including local emergency shelters and residential feeding programs. • Last year, ACCESS Food Share Gardens produced more than 61,845 pounds of °o fresh produce grown and harvested by volunteers. NOW THEREFORE, the Mayor, on behalf of the citizens of Ashland, hereby proclaim October as: Mayors United to Help Fight Hunger Month 0- 00 Q and urge the citizens of Ashland to support these efforts to eradicate hunger in our J~ community. Dated this 16th day of September, 2014 John Stromberg, Mayor 00 D~ Barbara Christensen, City Recorder oo 00 [a.d tvdad Ns ~cd Cwr-° d ~ tsF°y°~ by ~.pa rJ Cv~+c0 by Fa.d Lv - _ e ® l v-, Z ~da v~ ~ ~ d ~-v1 J Al.v ~ ~ .si kv ..i kv d t b/ J 6~ :d kz/ b ~ »3 . , E"'L CC~~ O O o O O O ~y O O ° ° PROCLAMATION • In 1981, the United Nations proclaimed the International Day of Peace to be "devoted to commemorating and strengthening the ideals of peace both within and among nations and peoples..."°° In 2001, the United. Nations declared that International Day of Peace should t 00 also, "be observed as a day of global ceasefire and non-violence, an invitation °°~~1 T> ` to all nations and people to honour a cessation of hostilities for the duration of the Day." • The International Day of Peace gives everyone the opportunity to make peace in their own relationships as well as impact the larger conflicts of our time. • This year's theme is "The Right of Peoples to Peace," which reminds us that peace is fundamental for the well-being of everyone. ° f 61~ • This year, Ashland will celebrate International Peace Day on September 21, 2014. ~'N THEREFORE, as the Mayor of the City of Ashland, I do hereby proclaim September 21, 2014 as International Day of Peace D m Ashland and call upon the citizens of Ashland to consider how they can contribute to peace in their own lives and in the world at large. OOno O°ro Dated this 16th day of September, 2014 ➢ ~`y 7 0- Q John Stromberg, Mayor I <c^ll °°ra pO 4 Barbara Christensen, City Recorder ° -00 { yo :-A mx ASHLAND DOWNTOWN PARKING MANAGEMENT & CIRCULATION AD HOC ADVISORY COMMITTEE MINUTES August 13, 2014 CALL TO ORDER The meeting was called to order at 3:30 p.m. in Pioneer Hall, 73 Winburn Way Regular members present: Pam Hammond, Michael Dawkins, Rich Kaplan, Dave Young, Craig Anderson, John Williams, Emile Amarotico (left at 4:55), Joe Collonge, Lisa Beam, Marie Donovan, Liz Murphy and John Fields (arrived at 3:42) Regular members absent: Cynthia Rider Ex officio (non-voting) members present: Sandra Slattery, Bill Molnar, Rich Rosenthal, and Lee Tuneberg Ex officio (non-voting) members absent: Mike Gardiner, Katharine Flanagan, Mike Faught and Dennis Slattery City of Ashland Staff members present: Tami De Mille-Campos APPROVAL OF MINUTES Minutes of July 2, 2014 Minutes approved by unanimous consent. PUBLIC FORUM Email dated 8/6/2014 from Barb Barasa (included as attachment to minutes) POLICY OPTIONS SURVEY RESULTS Note: Detailed survey results may be found on the City's website under City Commissions "Downtown Parking Management and Circulation Ad Hoc Advisory Committee" Survey Context: Evaluated community support for various policy options Administered May-June 2014 Distributed via e-mail, City's website, and through City Source newsletter (utility bill) 239 Total Respondents Characteristics of Respondents: Survey Respondent Type Number Percent Employee 79 35% Business Owner 43 19% Resident 147 64% Visitor 32 14% Other 11 5% Total Respondents 228 Implications: #1 Focus on incremental short-term strategies • Respondents supported increases and improvements in wayfinding signage • Respondents did not express clear support for one type of wayfinding signage • Informational campaign should be coordinated and available through a variety of mediums • Respondents support outreach programs to educate downtown employees about the value of parking # 2 Effective Transportation Demand Management strategies will need to integrate a number of approaches • Incentive programs are supported but responses suggest they may not be effective ASHLAND DOWNTOWN PARKING MANAGEMENT & CIRCULATION AD HOC ADVISORY COMMITTEE July 2, 2014 Page 1 of 4 • Majority supported satellite parking lots with trolley service • Respondents did not express strong support for pedestrian infrastructure improvements #3 Respondents think multi-modal infrastructure improvements should be focused on bicycles • Bicycle infrastructure improvements are the preferred method for encouraging bicycling • Many respondents indicated they would not use bicycle infrastructure improvements #4 Regulatory, enforcement, and pricing strategies will be controversial • Respondents were not supportive of increased regulation and enforcement • Respondents supported changes to loading zone restrictions • Respondents supported the development of another parking garage, though with varying support for time frames • Metered parking strategies are not supported; many respondents said it would deter them from visiting downtown Discussion: John Williams stated he wasn't surprised by the responses. They seemed somewhat unrealistic in several cases. Such as, having visitors pay for the shuttle, educating employers to get their employees to not drive to work etc. Rich said he was interested in the responses to the paid parking; specifically that paid parking would deter some people from actually visiting downtown. CIRCULATOR TROLLEY (see attached trolley white paper for details) Trolley Context: • Discussions of trolley feasibility studies since 2001 Downtown Plan • Initial route and cost estimates outlined in the 2012 Transportation System Plan (TSP) • CPW conducted their own analysis of case studies and back of the envelope estimates based on survey data Questions for Consideration: • Who will the trolley serve? - Residents, visitors, employees, students • With what frequency and where will the route run? - Dependent on riders • How will the trolley be financed? - Initial (capital) costs - Operating Costs - Cost of ridership • Who will oversee the operation of the trolley? Needed New Route: • Examined possibility of neighborhood circulator - Too many stops, too much distance to travel, and not enough riders for cost effectiveness • Decided straight line from Exit 14 to Exit 19 is the best "bang for the buck" Proposed Route Details: • Would serve employee commuters, visitors, students and some residents • Could serve the construction of satellite parking lots • 11 mile round trip, frequency of 15 minutes • Similar to Coral Gables and West Palm Beach trolley lines Annual Costs: • Didn't examine initial start up (capital) costs • Operating costs estimated at $1 million - Based on route length and number of stops from case studies ASHLAND DOWNTOWN PARKING MANAGEMENT & CIRCULATION AD HOC ADVISORY COMMITTEE July 2, 2014 Page 2 of 4 • Calculated how many riders are needed for a specific fare to cover operating costs Revenue Estimates: Approximate Ashland visitors 3501000 Approximate Ashland employees 2,839 Fare per round trip $2.00 50% Ridership taking 3 trips per year $1,050,000 75% ridership taking 2 trips per year $1,050,000 Sources: Ashland Chamber of Commerce, Oregon QCEW, CPW Policy Options Survey CPW Recommendation: • Is it a feasible option? - Yes • Does the math pencil out? - Maybe • Recommend a full feasibility analysis be conducted Creative Funding Strategies: • Revenue from naming rights goes to endowment to pay annual operating costs • Employers whom benefit help offset operating costs • Saving money through trolley rentals instead of ownership • Charter services can be used to help offset costs if trolleys are purchased Discussion: Question was raised regarding how this might interfere with RVTD's bus route and it was stressed that it isn't intended to have any effect on RVTD; hopefully it would complement RVTD and provide another mode of transportation. The committee also raised concern regarding the trolley being able to handle, at times, approximately 2,000 attendees coming out of the Shakespeare shows around 11:00 pm. It was pointed out the trolley doesn't have to be designed to handle shuttling 2,000 people at a time. Many of the festival goers walk to their hotel/bed & breakfast. It is designed to provide another mode of transportation. There was some concern with the capital cost of the trolleys which the Transportation System Plan (TSP) estimated at close to three quarters of a million dollars each. Emphasis was given that the trolleys could be designed however they see fit. The Committee questioned whether a subcommittee might be necessary to vet the trolley details. A comment was made that this trolley idea keeps coming up and then it ends up fizzling out for a variety of reasons; Ashland doesn't seem to really support mass transit. If the City moves forward with the feasibility study there is hope that some research would be done to see why that is & why RVTD hasn't been very successful even when it was free. Also, what evidence is there that there is a tangible return on the investment to purchase and operate a trolley system. CPW remarked the feasibility study would get to that level. Chair Young pointed out the intent behind this trolley wasn't to be cute and fun. He said the committee hasn't even looked at the public/private partnerships which he had hoped they would. There may be hotels interested in participating in a partnership in lieu of running their own shuttles. Joe stated he would ride the trolley everyday if it were an option. Members of the committee are open to the idea of having an alternative mode of transportation but are concerned with cost, ridership etc. Michael added that during the Transportation System Plan (TSP) process there were a number of them that felt that what Ashland needed its own separate circulation system and use the bigger bus system to get people to the outlying cities, The committee would like to see data on how many fewer cars would be parking downtown if the trolley was implemented. CPW said they hadn't explored the impacts, but they can. The committee questioned what CPW thought about doing a pilot study in order to measure the success. CPW ASHLAND DOWNTOWN PARKING MANAGEMENT & CIRCULATION AD HOC ADVISORY COMMITTEE July 2, 2014 Page 3 of 4 stated the challenge of doing a pilot study for something like this is the capital cost involved. Lee pointed out that when we looked for comparatives, we didn't find any. He said it doesn't mean there aren't any out there but if nobody our size can afford one of these then we are already started up a hill. He also pointed out that when the City was spending a few hundred thousand dollars a year subsidizing RVTD it didn't make the parking problems go away. He said if you want to do a feasibility study that is great but he doesn't think it is going to be financially viable here with all of the conditions Ashland has. Rich Kaplan hopes that nobody will think the can is being kicked down the street. It is more about trying the low hanging fruit first (incremental changes) and then move on to the other options, if the low hanging fruit isn't sufficient. Craig is supportive of what the committee has been talking about but he would like to see employee parking incorporated; such as creating districts, where employees pay a monthly fee for parking. Lisa/Marie direct CPW to move forward with strategies related to informational resources, wayfinding and regulation (this also includes creating benchmarks for measuring success) and defer the trolley and pricing (paid parking). Pam, Rich, Dave, Craig, John Williams, Emile, Joe, Lisa, Marie, Liz and John Fields YES; Michael NO. Motion passes. Michael stated he voted no because he is a strong proponent of paid parking. CPW explained they will come back in September to discuss informational resources and hopefully wayfinding in October. Lee added in order for the upcoming biennial budget to include any budget implications associated with these changes they would need to be included when the budget discussions take place around March, 2015. CPW added that by the end of the year they are hoping to have the finished report to present to the committee by November/December with the hope that it could be presented to the Council January/February, in time for the budget process. ADJOURNMENT Meeting adjourned at 5:30 pm Respectfully submitted, Tami De Mille-Campos, Administrative Assistant ASHLAND DOWNTOWN PARKING MANAGEMENT & CIRCULATION AD HOC ADVISORY COMMITTEE July 2, 2014 Page 4 of 4 From: Mike Fauaht To: "Tami DeMille-Campos" Subject: FW: 3 ideas from Chicago about bike ridership Date: Wednesday, August 06, 2014 3:48:12 PM Hey Tami... Let's include this in the next downtown committee meeting... Michael R. Faught Public Works Director City of Ashland 51 Winburn Way Ashland, OR 97520 faughtm@ashland.or.us 541/552-2411 541/488-6006 Fax 800/735-2900 TTY This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. -----Original Message----- From: Barb Barasa [mailto:barb(awebsitings.net] Sent: Wednesday, August 06, 2014 12:38 PM To: barb@websitings.net Subject: 3 ideas from Chicago about bike ridership I can't say I'm a real bike rider. I'm trying to motivate myself to ride my bike more. When I do ride, it's as a "commuter" - I don't mountain bike or go on long rides for fun. I ride my bike to get somewhere. It has bothered me for a long time that Ashland wants to be trendy and cool in all ways, and being "bike friendly" seems to be one of the latest things Ashland wants to be. Yet to me, it is not bike friendly at all. I don't feel I can safely ride down Main St. downtown. When I need to go thru that part of town, I ride in the alleys, even tho it's not all that convenient. Altho there's a "bike lane" on Siskiyou, I would never ride in it because I feel the cars zipping by are too close, so I ride on the sidewalks there. Protected bike lanes: I'm originally from Chicago. A friend of mine who has switched from mostly running to mostly biking sent me a link to an article about a new bike lane in downtown Chicago, which has been name the best bike lane in the country. hit ;//www chicagonow.com/show-me-Chicago/201_3/1 ago-bike-lanes-dearb orn-st-lane -named-best-in-the-country/ The protected lane on Dearborn in Chicago has plastic posts separating the bike lanes from motor vehicles. THAT's what I would call bike friendly. It seems to me that if the City of Chicago can risk alienating motor vehicles by converting one whole lane of traffic into a two-way bike lane with its own signals for over a mile in the most congested downtown area, maybe Ashland could look into a similar option for the few blocks of downtown. This other article he sent is about a study of how effective some protected bike lanes are in Chicago in increasing bike traffic. http://www redeyechicaao com/news/local/redeye-study-praises-protected-bik e-lanes-20140 603,0,6015518.story "Ridership on Dearborn Street in the Loop increased 171 percent in the year after the protected bike lane was installed" Bike rental: Chicago also has a Divvy Bike business in operation, which my friend has also used. https://www.dmvvyb*kes.com/ The valley probably does not have a population that could support this kind of business, but I don't know. Ashland tried the green bike program but the bikes were stolen or trashed. Divvy Bikes seems to have solved the problem of "responsibility" because you can't pick up a bike unless they "know where to find you". If this business has survived in Chicago as far as not having bikes disappear or be broken, I'm sure that aspect would work anywhere. The bikes are stored in locked "holders" at stations all around the city. You join, get a keycard, and can use any bike for half an hour. By traveling from station to station, you can get pretty much anywhere you want. I'm not sure how it could be scaled down to work in a very small town, but there must be a way. This would be great for tourists who want to get around town without a car! Bike storage and repair (mainly for commuters): I also have 3 photos I took when I went back to Chicago 10 years ago of the commuter bike parking and repair center that was put in under Grant Park where there was already motor vehicle parking. I'm afraid the email might get blocked if I attach the photos, but if you are interested, just let me know. This facility has secure double level bike storage, lockers, showers and changing area, and a bike repair shop! I realize Ashland does not have the population to support something quite that sophisitcated. It took forever just to get a few bike racks over by OSF. But on the other hand, maybe more people would use their bikes for commuting from farther away if they knew they could safely and conveniently store their bikes and clean up before work, especially in bad weather. This could also greatly appeal to tourists who bring their bikes with them, and "long haul" bikers might be more likely to come thru Ashland if they knew there was a safe place to store their bikes while they stopped here. Just a few ideas from the big city. Now if I can just ride my own bike more Barb Barasa ASHLAND TRANSPORTATION COMMISSION MINUTES JUNE 24, 2014 CALL TO ORDER: Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Joe Graf, Craig Anderson, Corinne Vieville, Alan Bender, Shawn Kampmann (arrived at 6:10), David Chapman and David Young Commissioners Absent: None Staff Present: Scott Fleury, Mike Faught and Tami De Mille-Campos Council Liaison Present: Carol Voisin ANNOUNCEMENTS Chair Young apologized to the Commission for an email he had previously sent to them regarding the June agenda. CONSENT AGENDA Approval of Minutes - June 2014 Approved as presented. PUBLIC FORUM None NEW BUSINESS Commission operating policies and procedures discussion Dave Lohman, City Attorney, informed the commission he would be discussing the new draft revisions to the uniform policies and operating procedures for advisory commissions and boards. He also will clear up any questions regarding who the Transportation Commission advises and give a few ethics and public meeting law reminders. On the question of who does the commission advise, Lohman stated Council has ultimate authority to make decisions about transportation matters, except for State and Federal requirements. He read AMC 2.10.90 which states "With the exception of certain delegated quasi-judicial actions, most advisory commissions and boards do not make final decisions subject to appeal but rather make recommendations to, or act in an advisory capacity to the council. The City Council is the final decision-maker on all city policies and the use of city resources. Proposals by boards and commissions for endorsement or sponsorship of events, activities or programs must receive approval by City Council as provided by Resolution". He then went on to read AMC 2.13.040 which states "The Transportation Commission will review and forward all traffic implementation regulations to the Public Works Director for final approval and implementation of official traffic safety and functional activities". He discussed AMC 2.13.010 which are final, appealable decisions on other transportation related issues that must be made by Council. On those the commission is to advise the Council. There could be instances where the commission and Staff are not in agreement and both would advise Council and Council would make a final decision. Chair Young would like to see a future agenda item for changes made to the Ashland Municipal Code to make the commission's duties and role clearer. Lohman agrees that there is certainly room for interpretation and cleaning that up would be a sensible thing to do. Chapman asked Lohman if the new draft includes a definition regarding their relationship with the Planning Commission. Lohman answered "no". Chapman stated he remembers back when the commission was first formed there were certain things that the Planning Commission didn't do or didn't want to do and the intent was the Transportation Commission would review traffic related items for big projects (such as the Normal Avenue plan). The only thing included in the code now is the Transportation Commission will have input at the pre-app stage on type 3 Transportation Commission June 24, 2014 Page 1 of 5 planning applications; which he stated isn't very useful because you haven't seen the design yet. He pointed out the reason they have come into some issues is because they aren't included until it is too late to make any changes or suggestions. Lohman said that is a good point and the relationship between Planning and Transportation is almost inseparable. Anderson remarked it was him who brought this issue up. There was an agenda item for a parking issue which included a recommendation from an Engineer to remove two parking spaces. The commission was considering the recommendation and he thought the commission's recommendation would then be forwarded to the Council but they were told (before voting on it) the recommendation was actually going to the Public Works Director, not Council. He stated it was a very confusing situation they were in, which led him to begin to research the code. He isn't sure what their role in policy making is if they are only to advise staff and staff makes recommendations directly to Council. He looked at the code and went through all of the other commissions and committees for the City and there are no other commissions and committees that don't have specific recommendation powers to the City Council. He said the Transportation Commission was the only one that had Powers and Duties broken down into the two categories of generally and specifically. In the initial statement the purpose of the mission is to advise Council but it's not carried forward into specific powers and duties. He feels if his time is going to be spent in a worthwhile mannerhe wants to make recommendations to Council, not just to staff,similar to all of the other commissions and committees. Lohman stated he's not familiar enough with the details to be real helpful on this but it seems to him there are certain things that Council can't change and therefore the Transportation Commission making recommendations to them to change is superfluous and some of those things are things that an Engineer in the Public Works department has the responsibility for. Chapman pointed out part of the specifics had to do with the fact that there are quite a number of things that the Council doesn't deal with things like removing a parking place. Lohman briefly highlighted the changes in the draft Ordinance, amending Chapter 2 which is being presented to Council soon. During this conversation there was concern regarding the following change "The chair or staff liaison will be responsible for timely preparation and posting in advance the agendas of all meetings of advisory commissions and boards on the City's website. A member or staff liaison will be responsible for taking minutes and getting them be posted on the City's website, generally within a few days after the meetings." The concern raised was in regards to whether posting minutes within a few days after the meeting is achievable. Lohman and Voisin (Council Liaison) will share this concern with Council when the ordinance is presented to them. Lohman then gave a few public meeting reminders & ethic's issue reminders: *A quorum is'h of the total of authorized members (for the Transportation Commission it would be half of 7) *If there isn't a quorum, it is not a public meeting. * Commissioner's may broadcast things via email but there is not to be any crosstalk. *Gifts are not just presents. A gift is ok if it is something that is available to any citizens. If there is no legislative or administrative interest in the decisions of the Commission then it is not a gift as defined under state law. *If you are acting on behalf of the City in an official capacity at a ceremonial event you can accept the gift; such as a hotel room at a conference or a meal at a presentation etc. *Conflicts come up in the decisions. The question is; is there any financial benefit or detriment to you, relatives or associated businesses. If there is, you have to ask yourself if there is a definite benefit or a potential benefit. If there is a definite benefit, you have to announce what that conflict is and not participate in the decision at all (maybe even leave the room entirely). If there is just a potential benefit, you have to announce what that conflict is and you can participate. If you think there is any possible conflict, you ought to announce it and explain why you think there might be a conflict. Anderson presumed there is a difference between the purpose and mission of a committee/commission and what it is specifically empowered to do under 2.13.040 and 2.13.010. He stated their role is to advise the Council on funding but he doesn't see that they are empowered to do that. He doesn't see that they are empowered to advise the Council on anything. He remarked this is the main thing that raised the issue. He stated they have a plan they are Transportation Commission June 24, 2014 Page 2 of 5 overseeing; the Transportation System Plan and in that plan there are millions of dollars worth of projects but not enough revenue to cover those projects so it seems to him that one of the main goals of the Commission should be to balance that portion of the budget (assigning priority to what projects they want to implement). With that said, there isn't anything within the code that empowers them to do that. Lohman responded that item 3 under section 2.13.030 talks about funding and says that the Commission is to make recommendations to the City on Cities Transportation section of the Capital Improvements Program. The recommendation is being made to both staff and the budget committee/council. Anderson replied, he has been involved in Transportation Commission's for over twenty years and he has never seen a situation where there is a commission that doesn't make recommendations to a policy body. He's never seen a commission make recommendations to staff who then makes a final recommendation. He added, as someone who is going to potentially continue to participate on this commission he needs to see that changed. He needs to see that he is spending his time making recommendations to a policy body, not to staff. He will continue to participate in this if that happens but if it doesn't this isn't a good expenditure of his time. Chapman is concerned about the change to the Liaison language. He pointed out Carol comes to the meetings most of the time unless she has a conflict so she can liaise. If you may come or seldom come, he feels it is a worthless position. Voisin agreed with that statement. He stated when he was a Commissioner he and Greg Lemhouse had a deal with each other that if they couldn't attend they would call each other for backup and that worked great. He isn't sure how you can tell Council what is going on with your Commission/Committee in which you are a liaison to. Lohman responded that was a decent point. He said the concern is it wasn't physically possible with the proliferation of ad hoc meetings. He thinks it is a point worth bringing up when they take it to Council. Voisin pointed out that was her concern too. Faught commented this can certainly be brought back as a future agenda item. The Commission would also like to have Lohman come back as a future agenda item to discuss what is happening on the State Transportation Commission level, which he is a member of. Traffic Crash Summary Young mentioned what struck him is that out of the 13 crashes listed 7 of them seemed pretty clear that the law was broken and no citation was issued. MacLennan said there are very few accidents he goes out on where he doesn't issue a citation. He believes their job is enforcement and correction of driving habits. He stated he has spoken to the Chief about this and he has said many times that he isn't going to force officers to cite people because it is officer discretion and once you start taking away officer discretion it creates issues. He agrees with the concern but isn't really sure what he can do about it. Geneva Park parking space elimination request Fleury stated back in January Commissioner Chapman received the initial email from a resident of Geneva park which is located on B Street and then forwarded that to staff to begin looking into it. Chapman pointed out he wasn't sure if that was him but maybe he doesn't remember. Fleury said he contacted the resident that had raised the concern and he and Brad Barber from the Public Works Engineering Department, went out to take a look at the issue. Their issue is egress from their driveway location to the residential complex. He mentioned this particular resident was involved in an angle crash, making a left hand turn movement out of the driveway and was struck by a driver heading east towards Mountain. He crept out of the driveway and when he finally went there was a car there. They talked about the sight distance, specifically looking west. He discussed the memo/pictures that are included in the Transportation Commission packet. The sight triangle included in the picture basically goes through the vegetation and there are two trees which basically block the view through the park row area and when there are cars parked on both sides you can't see anyone in that area. Staff has driven through there multiple times and they have observed the traffic through there. He pointed out the street section through there is only 27 feet wide, which per the adopted street standards that only allows for street parking on one side of the street, This street is based on the street standards prior to the current street standards being adopted. He included the accident data for that area in Transportation Commission June 24, 2014 Page 3 of 5 the packet. The accident data shows 15 accidents between this section and Emerick and the majority of those were accidents involving striking parked vehicles. He told the HOA that he would bring this forward. This is the initial discussion and if there is a desire to move forward on this agenda item staff would need to notify residents. Audible pedestrian signal buttons Fleury shared that about $20,000 has been spent so far on the project and there is about $6,000 in grant money left. Vieville provided some possible locations for installation. He has requested a quote from Advanced Traffic Products to purchase more. Some of the possible locations include: Laurel/North Main, Lithia/East Main, Main/Maple, Main/3rd although Vieville shared will Fleury that Walker/Siskiyou would be better served rather than Main/3rd. Fleury said he is hoping to have those ordered and here within the next month and a half and then we'll have ODOT's Electric crew start working on installing them. He added ODOT has made a few repairs and changed the attenuation on a few of them (Walker and Siskiyou). Vieville mentioned she is going to send an updated list of possible locations to Fleury. Faught thanked Vieville for all her hard work on this! Fleury added the news contacted him about doing a blurb on this within the next week or so. The Commission resolved that Vieville will speak to the news on behalf of the Commission. OLD BUSINESS None FOLLOW UP ITEMS Bicycle Education Class Fleury stated staff researched this and this was not discussed at any of the Transportation Commission meetings last year, it was the year before. Rachel Dials', Recreation Superintendant, understanding was that it would be continually funded without them having to request it each year. However, after reviewing the minutes from the meeting in 2012 that wasn't what was motioned so they will come back each year and provide an update along with making a request for additional funding. Signal Timing Discussion Fleury emailed Dan Dorrell after the May meeting and shared with him that the Commission would like to have him come back and discuss signal timing and also to come back on an ongoing basis to provide the Commission with updates and answer questions regarding local/regional ODOT projects. N. Main restriping Faught shared ODOT came through and put permanent striping down on all of the sections that they had asked to have changed but they didn't do the Maple change which is awaiting approval from Salem. Kim Parducci is still working on the pedestrian crossings. She has been working with Dan Dorrell on this. Downtown parking study Anderson gave an update on the June meeting. They shared that at the last meeting they did an electronic straw poll to get a better understanding of how the committee feels about certain policy decisions. At the June meeting the consultants provided the committee with an interim report and a matrix which shows various policy options. INFORMATIONAL ITEMS Action Summary Oregon Impact June Newsletter COMMISSION OPEN DISCUSSION Anderson stated he feels a little bit of ownership on the first agenda item (Commission operating policies and procedures discussion). When he originally raised his concerns Voisin indicated that it was a good time to discuss changes to the municipal code since Council was going to be drafting changes but now it is four months later and Council has already had first reading and that concerns him. Faught explained that Legal isn't amending the actual code that relates to the Transportation Commission. Lohman is recommending the Transportation Commission spend some time on this before recommending the changes. He added they will add this as a future agenda item so Transportation Commission June 24, 2014 Page 4 of 5 they can do that. Anderson would also like to know if Council has any direction for them. He pointed out a while back Voisin had sent an email out regarding the Normal Avenue Plan. He found it a little ironic that Council had concerns about the same issues as they did and ultimately has formed a subcommittee to address those concerns the Transportation Commission previously discussed at length. His understanding is that Council was only informed of the action the Transportation Commission took but not their concerns. Faught added the Council does receive the minutes for every commission/committee meeting. Planning took the Transportation Commission's action forward to the Council. Chapman pointed out he had talked to the Mayor about why the Transportation Commission wasn't represented on the subcommittee & the Mayor indicated they hadn't thought about it but were welcome to attend the meetings and the subcommittee might listen to them. He did add some of the Transportation Commission's concerns did make it into the findings by way of Planning Commissioner, Michael Dawkins. Graf gave an update on the System Development Charge review committee. They haven't finished up water and sewer but once those are wrapped up they will move onto Transportation. FUTURE AGENDA TOPICS Transportation Safety Public Outreach SOU Multi-Modal Future Stop sign at Sherman/Iowa Sign Education (Regulatory/Informational) ADJOURNMENT Meeting adjourned at 8:29 pm Respectfully submitted, Tami De Mille-Campos, Administrative Assistant Transportation Commission June 24, 2014 Page 5 of 5 CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Procurement for Tires and Related Services FROM Mike Morrison, public works superintendent, mike.morrisonkashland.or.us Stu Wilkie, maintenance safety supervisor, stu.wilkiegashland.or.us SUMMARY The Fleet Department is requesting approval to continue piggybacking on a State of Oregon Price Agreement with Les Schwab for tires and related services. The current Price Agreement # 1549 with Les Schwab is valid until January 22, 2022. The cost for tires and related services is approximately $50,000 per fiscal year for the City and Park fleets combined. In order to continue piggybacking on this contract, the Council needs to give the Fleet Division authority to continue procuring tires and related services from this price agreement until it expires, because the overall cost of tires and related services combined until 2022 will exceed the department's authority of $100,000. BACKGROUND AND POLICY IMPLICATIONS: The City's Fleet Division has purchased tires and related services for both the City's fleet and Park's fleet using the State of Oregon Price Agreement with Les Schwab for a number of years. The cost for new tires can range from $600 to $1,400 for cars and light trucks to approximately $9,000 to replace all four industrial tires on a front loader. For safety reasons, emergency vehicles and some Public Works vehicles require two sets of tires; one set for winter driving and one set for summer driving. Les Schwab also provides mobile tire repair services, which is very advantageous to the City. For example, Les Schwab will go out to the job site, remove an industrial size tire from a front loader and take it back to their facility to repair it and then return to the job site and install the repaired tire on the vehicle. This service saves the City time, labor and money. The City pays an annual membership fee to be a member of Oregon Cooperative Purchasing Program, which allows the City to piggy-back on price agreements established by the State of Oregon. Price agreements are awarded through a competitive process and are established to provide additional savings by combining the purchasing power of numerous agencies. AMC Section 2.50.070 Public Contracting Officer Authority. A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; AMC Section 2.50.090 Exemptions from Formal Competitive Selection Procedures Page 1 of 2 M1, CITY OF -AS H LAN D All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: 1. The following classes of contracts are hereby specifically exempted from the Oregon Public Contracting Code and Model Rules pursuant to ORS 279A.025(t): 1. Contracts for the purchase of materials where competitive bids for the same materials have been obtained by other public agencies or the federal government whose processes for bid and award are substantially equivalent to those set forth herein, and the contract is to be awarded to the party to whom the original contract was awarded as long as no material change is made to the terms, conditions, or prices of the original contract. FISCAL IMPLICATIONS: The cost for tires and related services for the entire fleet of City and Parks vehicles is approximately $50,000 per fiscal year and funds are budgeted each fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council give the Fleet Division authority to continue procuring tires and related services from this price agreement until it expires. SUGGESTED MOTION: I move that the Council, acting as the Local Contract Review Board, authorize the Fleet Division to continue procuring tires and related services as required through the Oregon Cooperative Purchasing Program price agreement until it expires. ATTACHMENTS: State of Oregon, Price Agreement #1549 Page 2 of 2 Award Summary Page 2 of 2 1 EACH Tires Tubes and related service Mandatory or Convenience Renewal Option Current Amendment Value Convenience Minimum Order $0 See Price Agreement Return Policy Previous Contract Value See Price Agreement $20,000,000 Warranty See Price Agreement Best Value Analysis Current Amended Value Freight /Surcharge $20,000,000 Control # 1604374 i https //otpin;oregon.gov/open;dll/showDocSumniaiy?sessionID=5743236&disld=1604374:.. 1/28/2014 AMENDMENT 113 to PRICE AGREEMENT# 1549 1. This is Amendment No. 2 to Price Agreement #1549 (as amended from time to time, the "Price Agreement") dated May 3,2011 :behve.en the State of Oregon, acting by and through its Department of Administrative Services, Procurement Services, hereafter called "DAS PS" or "State" and Les Schwab Warehouse Center, Itic: dba Les Schwab Tire Centers. hereafter called "Contractor". This Amendment is effective on the date it has been signed by every party and approved in accordance with applicable law, The purpose of this Amendment is to extend the Price Agreement for time allowed for within Price Agreement #1549 section 23, It. The Price Agreement is hereby amended as follows (extends for time): a. The currenf terin ending, January 3, 2014 is hereby extended to January 5, 2022. III. Except as expressly amended above, all other terms and conditions of the Price Agreement are still in full force and effect, Contractor certifies that the representations; warranties,and certifications contained in Hie Price Agreement are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of execution of the Price Agreement. Certification: By signature on this Contract for Contractor, the undersigned hereby certifies under penalty of perjury that the tuidersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon. Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a state tax imposed by ORS 320.1105 to 320.150 (Amusement Device. Taxes), 403:200 to 403.250 (Tax For Emergency Communications), 118 (Inheritance Tax); 314 (income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 321 (Timber and Forest Land Taxation) and 323 (Cigarettes And Tobacco Products) and the elderly rental assistance program under ORS 310.630 to 310.706 and anylocaltaxes administered by the Department of Revenue under ORS 305.620. i CONTRACTOR- L +S SCHWAB WAREHOUSE CENTER, INC. DBA LES SCHWAB TIRE CENTERS By. Maw Rai-Tte, C-VA S VZl wi Name: Title; Date DEPARTMENT-OF XWISTRATIVE SERVICES, PROCUREMENT SERVICES: Approved By: Na e Title: Date APPROVE If AS TO LEGAL SUFFICIENCY ,Approved By Not apilicable pursuant to OAR 137-045-0050 Price Agreement H154% Amd Moe CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Fire Prevention & Safety Grant Application 2013 FROM: Margueritte Hickman, Division Chief, Fire, hickmanm@ashland.or.us SUMMARY Ashland Fire & Rescue seeks approval for a FEMA Fire Prevention & Safety Grant Application in the amount of $91,852 to fund a Fire Sprinkler Demonstration and Training Trailer and Residential Fire Sprinkler Campaign. The grant requires matching funds in the amount of $4,592. The receipt of this grant would provide the opportunity for Ashland Fire & Rescue and surrounding departments to provide residential fire sprinkler education to the public and the building community. BACKGROUND AND POLICY IMPLICATIONS: Ashland Fire & Rescue is dedicated to protecting lives, property and the environment, as indicated by our mission statement. One of the most effective ways to protect lives, both civilian and firefighters, is through the installation of residential fire sprinklers. The National Fire Protection Association (NFPA) is the nation's leading source of fire service statistics and standards. The NFPA's 2012 Impact of Home Sprinklers on Firefighter Injuries reports a 65% reduction in firefighter fireground injuries in home fires with fire sprinklers. In NFPA's 2012 US Experience with Sprinklers, they report that the death rate per fire is 82% less and property loss is 68% less in homes with fire sprinklers. Ashland Fire & Rescue plans to educate the public on the benefits of residential fire sprinklers and how to maintain a fire sprinkler system in a reliable manner. Unlike commercial systems which require annual service, residential fire sprinkler systems are maintained by the homeowner and do not require professional service. While Ashland has not experienced a fire fatality in more than 10 years, there have been 64 fires that have occurred in single- and two-family dwellings over the last 11 years. Residential fire sprinklers provide occupants more time to escape and typically result in property protection. They also net greener results in the event of a fire: less water is used on the fire, less contaminated water runoff, less smoke emissions because the fire lasts less time and is smaller overall, less building damage requiring less materials to repair, and less damage to possessions, meaning less materials sent to the landfill. This grant application has already been submitted as it was announced in January 2014 and due on March 21, 2014. Announcement of award recipients is anticipated no later than September 30, 2014. At the time of the original application deadline, key staff were out on family medical and bereavement leave. As such, the application was not forwarded to the Council for approval in a timely manner and staff now seeks after-the-fact approval. If such approval is not forthcoming, AF&R staff will re-apply (with Council approval) in the next grant funding cycle. Page 1 of 2 CITY OF -ASHLAND FISCAL IMPLICATIONS: The City of Ashland would be responsible for providing matching funds in the amount of $4,592 in order to receive $87,260 to fund this project. Funding for this project will be shared with Medford Fire Rescue. Funds are available in the Fire Department budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests the approval of this grant application. SUGGESTED MOTION: I move to approve Ashland Fire and Rescue's Fire Prevention and Safety Grant application and matching funds of $4,592. ATTACHMENTS: 2013 Fire Prevention Safety Grant application Page 2 of 2 ~r, Application Number: EMW-2013-FP-00797 Page 1 of 25 Entire Application Preparer Information Preparer Information Prefix or Title Mrs. *First Name Margueritte Middle Initial L *Last Name Hickman Organization Name Ashland Fire & Rescue *Address 1 455 Siskiyou Boulevard *City Ashland *State Oregon *Zip 97520 - *Primary Phone 541-552-2229 Ext. Type work *Secondary Phone 541-482-2770 Ext. Type work Optional Phone Ext. Type Select *Email hickmanm@ashland.or.us -Is there a grant-writing fee associated with the preparation of this request? This fee must be specifically identified and listed in the application "Request Details" section as a budget line item in order to be eligible for reimbursement. No Fees for grant writers may be included as a pre-award or pre-application expenditure. However, fees payable on a contingency basis are not an eligible expense. For grant writer fees to be eligible as a pre-award expenditure they must be paid prior to award, (e.g., paid within 60 days of the end of the application period). If you answered yes above, what is the fee? $ -Are you the person to be contacted on matters involving this application? Yes If no, please specify who should be contacted: https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 2 of 25 Contact Information Primary Contact Information * Title Division Chief Prefix Mrs. * First Name Margueritte Middle Initial L * Last Name Hickman * Primary Phone 541-552-2229 Ext. Type work *Secondary Phone 541-482-2770 Ext. Type work Optional Phone Ext. Type Select Fax *Email hickmanm@ashland.or.us Alternate Contact Information * Title Chief Prefix N/A * First Name John Middle Initial * Last Name Karns * Primary Phone 541-552-2217 Ext. Type work *Secondary Phone 541-482-2770 Ext. Type work Optional Phone Ext. Type Select Fax *Email karnsj@ashiand.or.us https://eservices. fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 3 of 25 Applicant Information E M W-2013-F P-00797 Originally submitted on 03/21/2014 by John Karns (Userid: firehousebob) Contact Information: Address: 455 Siskiyou Blvd. City: Ashland State: Oregon Zip: 97520 Day Phone: 5414822770 Evening Phone: 5417080015 Cell Phone: 8054024928 Email: karnsj@ashland.or.us Application number is EMW-2013-FP-00797 Organization Name Ashland Fire & Rescue • Are you a Fire Department? Yes Type of Applicant Fire Department If other, please enter the type of Applicant What kind of Fire Department do you represent? All Paid/Career If you answered combination, above, what is the percentage of career members in your organization? Are you a non-fire based EMS? No • Type of community served? Urban Legal name of your jurisdiction Note: This information must match your SAM.GOV City of Ashland profile if your organization is using the DUNS number of your Jurisdiction. • Employer Identification Number(e.g. 12-3456789); Note: This information must match your SAM.GOV 93-6002117 profile. What is your organization's 9 digit DUNS Number? If you were issued a 4 digit number (DUNS plus 4); 076395508 in addition to your 9 digit number please enter it in (call 1-866-705-5711 to get a DUNS number) the second box. If not, please leave the second box blank. Is your DUNS Number registered in SAM.gov (System for Award Management previously Yes CCR.gov);? • I certify that my organization/entity is actively registered at www.SAM.gov and registration will be renewed annually in compliance with Federal regulations. I acknowledge that the information submitted in this application is accurate, current and consistent with my organization's/entity's SAM.c. o_v record. • Please describe your organization and/or The City of Ashland is located in Jackson County in community that you serve southwest Oregon approximately 15 miles north of the California border and the City of Medford is https:Heservices. fema.gov/FemaFireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 4 of 25 located another 15 miles north of Ashland. Together, the two cities make up almost half of the county's population. Medford is a city of 76,000, and Ashland is a small community of 21,630 residents and 6,400 students attending Southern Oregon University. The Ashland economy depends largely on the 450,000 tourists drawn by the Oregon Shakespeare Festival which operates three live theaters in our historic downtown. During holidays and special events, our population can increase by 20,000 according to the Ashland Chamber of Commerce. More than 125 hotels, bed and breakfasts, restaurants and night clubs support our many visitors. Interstate 5 and Pacific Northwest Rail connect our community with others. Ashland Fire & Rescue is staffed with the Fire Chief, three Division Chiefs, and 27 career firefighter/paramedics including three Battalion Chiefs. There are a minimum of eight front line personnel on duty each 24-hour shift staffing two stations. We provide response for all types of emergencies including structural and wildland fire suppression, HAZMAT response and specialized rescue. Our primary fire response area is within the 6.1 square mile city boundary with a mutual and auto aid response throughout the rest of the county. Ashland Fire & Rescue also provides ALS ambulance response and transport covering a 650 square mile area. We respond to 3500 calls for service annually with two engines and two rescue ambulances. Ashland Fire & Rescue also participates in the State of Oregon's all-hazard Strike Team and Task Force Response Plan. The city lies at the foothills of the city's watershed and has been successful in developing and maintaining cooperative relationships with the USFS and non-profits interested in maintaining the health of the forest by reducing the potential for catastrophic fires through fuels reduction. Over the last 15 years, the city and its partners through Federal America Recovery and Reinvestment Act funding have received six million federal dollars for this project. The city's strong water system has gained a Class 2 ISO rating making it an excellent source to supply residential fire sprinkler systems throughout the community. The city has more than 400 apartment, condominium, hotel and dormitory buildings serving permanent residents, university students, tourists and retirement communities. In addition, popularity in vacation rentals has risen with more than 233 legal and illegal vacation rentals throughout the city. The southern Oregon area is rich in news media access. There are two regional newspapers, all three major networks are represented in television, public https://eservices.fema.gov/FemaFireGrant/fi regrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 5 of 25 television, and there is an abundance of radio stations with news and talk radio availability. We have established excellent relationships with all of these news outlets and are consistently successful in gaining news coverage, both live and recorded, with most of our programs. We consistently schedule morning live news coverage and involve a local business or organization to help us make the point. Here are two examples - we demonstrated the use of fire escape ladders with our local university family housing program; we promoted winter driving safety with one of our auto repair shops showing how to check your vehicle. Just last month we gained media coverage for a fire sprinkler save in an apartment building. *What is the permanent resident population of your Primary/First-Due Response Area or jurisdiction 21630 served? Headquarters Physical Address • Physical Address 1 455 Siskiyou Blvd Physical Address 2 • City Ashland • State Oregon `Zip 97520 - 2135 Mailing Address Mailing Address 1 455 Siskiyou Blvd Mailing Address 2 City Ashland • State Oregon Zip 97520 - 2135 Account information Note: This information must match your SAM.GOV profile. . Type of bank account Checking • Bank routing number - 9 di it number on the bottom 323070380 left hand corner of your check Your account number 2880605610 Additional Information • This fiscal year, are you receiving Federal funding from any other grant program for the same purpose No for which you are applying for this grant? k This fiscal year, are you receiving Federal funding Yes from any other grant program regardless of purpose? • Is the applicant delinquent on anv federal debt? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: 2012 AFG $67,318 for Wellness program and equipment https://eservices.fcma.goviFemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 6 of 25 https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 7 of 25 Request Information Program Name Fire Prevention and Safety Request Details Summary The number of projects and cost for the activity Fire Prevention and Safety are listed in the table below. Activity Number of Projects Total Cost Fire Prevention and Safety 1 $ 91,852 Fire Prevention And Safety Projects To review other sections of your application, select the appropriate section from the pull-down menu above and then press the Go button. You may edit this application if you want to correct a mistake. After you have reviewed all the sections and are satisfied with the information, please click on the Submit Application link on the left to complete your submission. Note: Fields marked with an * is required. Fire Prevention and Safety General Education/Awareness Project Action General Education/Awareness - Capabilities Information View Details In the space provided below, please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. The purpose of this program is to provide fire sprinkler education to the population of Ashland and Medford that would be impacted by a fire sprinkler requirement in newly constructed and significantly remodeled one and two family residences. Ashland Fire & Rescue and the Medford Fire Department are already partners in emergency response with mutual and automatic aid agreements in place. The fire prevention divisions of both departments work together routinely. Our departments have met to discuss the prospect of working together to promote fire sprinkler ordinances in our two jurisdictions. It is the intention of this grant request to be a regional request for components of this project including, but not limited to, the fire sprinkler demonstration trailer and development of the PSA's. We recognize that the implementation of this ordinance will be challenging and that it is critical to educate to gain buy-in from other city departments, the development community and city leaders. Project Action General Education/Awareness-Sprinkler Awareness View Details Item Number of units Cost per unit Total Cost Action Personnel Wages 300 $ 55 $ 16,500 View Details Fire Sprinkler Education Trailer 1 $ 66,402 $ 66,402 View Details Video PSA 1 $ 3,000 $ 3,000 View Details Advertising Costs 100 $ 45 $ 4,500 View Details Website Development 1 $ 500 $ 500 View Details Radio PSA's 10 $ 35 $ 350 View Details Signs 3 $ 200 $ 600 View Details https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 8 of 25 Total Cost $ 91,852 General Education/Awareness Project(s) View Project General Education/Awareness Project Information •1. Project Sprinkler Awareness *If you selected other, above, please specify Firefighters •2. Who is the target audience for the planned project? Other: development community, city departments, public *3. What is your estimated size of the target audience? 97000 *4. How was this target audience determined? None of the above If none of the above, briefly describe the method used Population statistics for the two city area. to determine target audience • Does your program address prevention and survivability from fires caused by cooking, heating, No electrical malfunction, smoking, etc.? If yes, please state causation as appears in NFIRS • 5. In the space provided below, please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion); past fire prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing: Ashland Fire & Rescue has graciously accepted previous Homeland Security and grants to improve our preparedness and service to our community. The following is a list of grant funded equipment for which we have been excellent stewards: 2001 AFG Equipment $ 13,104 Nozzles and Blitz Fires 2002 AFG Vehicle $207,000 Type 3 Engine 2003 Regional Grant $ 40, 815 Fire Safety Trailer 2004 AFG Equipment $ 29,771 RIT 2006 Regional Grant $312,000 Mobile Live Fire Trailer 2007 AFG PPE $ 33,350 Turnouts 2010 AFG Fire Hose $111, 606 2011 AFG PPE $148,659 for SCBA's and CRBNE testing equipment https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 9 of 25 2012 AFG $67,318 for Wellness program and equipment 6. The narrative portion of the application should contain supporting information that allows for evaluation of this project. If you are applying for a grant in the Fire Prevention and Safety Activity, your Narrative Statement must address the evaluation elements as outlined in the FY2013 Program Guidance. Keep in mind that the evaluation of your application will also be based on a clear understanding of your proposal, your ability to meet the objectives of the program, and your probability of successfully delivering your project to the population targeted. You need to fully explain how the funds will be used to accomplish the goals of your project. To that end, be sure to include descriptions/justification for all budgeted items - items not justified may be disallowed. Your narrative is broken out into 6 separate sections. Each section will address each of the criteria which your application will be evaluated and scored. Due to the built in "time-out" feature, we recommend you create the narrative text in your word processing system and then copy it into the spaces provided below. Images, attachments, and special characters of formatting (i.e.: quote marks, bold print, bullet points, symbols, etc.) are not allowed. *6a. Vulnerability Statement: What is the vulnerability in your community that you have identified? What statistics correspond with and support your project and target audience? Please describe the steps which were taken to determine the vulnerability and target audience and describe the methodology for determining all of the above. There are four risks that residential fire sprinklers will help to reduce: structure fire threat to our watershed and adjacent properties, citizen injury and death, firefighter injury and death, and property loss. The city of Ashland lies at the base of and encroaches into the Siskiyou mountains which also serves as the city"s watershed. Ashland is rated extreme for wildfire hazard potential by the Oregon Department of Forestry. There are approximately 1400 homes in the wildland urban interface based on a GIS evaluation, and construction continues to occur. Any home fire in this area threatens the city"s watershed and only source of water. As early as the 1990"s, the Planning Commissioners recognized the threat of development in the forested areas and required residential fire sprinklers throughout the Strawberry Meadows development, just a small area of the WUI. As these lots build out today, we continue to see the benefits of the decision of those commissioners to require fire sprinklers in homes to prevent them from threatening the forest. The city"s leaders have deemed it desirable to maintain the city"s boundaries by limiting annexations which continues to inspire infill with minimal separation between individual homes. As spacing between dwellings continues to be reduced to little if any space, fires have greater potential to spread from one structure to another. In 2010, Ashland experienced a grass fire that started in a field just outside the city limits, jumped the freeway and burned 11 homes. While the Oak Knoll Fire burned through an older neighborhood, the separation between foundations was only 14 feet. Knowing that fire sprinkler systems would not have affected the wildfire, it is possible that it would have slowed down the fire at the first home, reducing the total destruction. "Green" practices are also valued here, and rooftop solar installations are common. As infill and solar installations continue, prevention of fire spread and the safety of our citizens continue to challenge fire tactics with our limited staffing and firefighter safety. (Ashland Fire & Rescue requires automatic aid in order to meet staffing needs on a first alarm house fire.) NFPA"s 2012 report Impact of Home Sprinklers on Firefighter Injuries reports a 65% reduction in firefighter fireground injuries in home fires with fire sprinklers. In NFPA" s 2012 report US Experience with Sprinklers they report that the death rate per fire is 82% less and property loss is 68% less in homes with fire sprinklers. During the most recent recession, Ashland has enjoyed less of a downswing than the rest of the county based on property tax revenues and is currently seeing an upswing in construction. Based on a city buildable lands study, there 2,875 potential dwelling units to be built within the next 32 years. The goal of the sprinkler ordinance is to get ahead of the future construction of one and two family dwellings in the city, so that we can reduce the risk now and in the future. The actions we take today will affect our community and firefighters for fifty or more years to come. *6b. Implementation Plan: Provide details on the implementation plan which discusses the proposed projectIs goals and objectives. What are the methods and specific steps that will be used to achieve https:Heserv ices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 10 of 25 the goals and objectives? If applicable, what examples can you provide of marketing efforts to promote the project? Who will deliver the project and what partnerships may be involved? How will the materials or deliverables be distributed? There are two goals for this project: Goal 1: Verify maintenance of existing residential fire sprinkler systems. Objectives: • Educate homeowners of the benefits of the residential fire sprinkler system. • Educate homeowners and occupants how to maintain their residential fire sprinkler system. Plan of Action: AF&R has tenaciously applied the access and water supply sections of the Oregon Fire Code to residential developments for at least 15 years. During that period, more than 150 one and two family dwellings have been fire sprinklered in the city of Ashland and at least 50 in the city of Medford because of reduced access or lack of water supply. Since the installation of these systems, there has been no effort to verify that the systems remain in service or that the homeowners know how to maintain the systems as recommended by NFPA 13D. The following will be implemented to meet this goal: • Implement a door-to-door campaign which promotes the benefits of fire sprinkler systems, demonstrates how to maintain the system, records that the systems are in service, checks and installs the smoke alarms and offers general home fire safety tips for 300 residences. • Produce a video PSA following the Fresno, CA "Firefighter in Your Home" fire sprinkler PSA. Ashland Fire & Rescue has already gained permission to utilize the video and script from the Fresno Fire Department. This will be presented using free PSA spots and 100 paid advertising spots. • Utilize existing public education routes including print, radio, website and television news media to provide the above information. Measurement of the success of meeting this goal will be through the number of people reached by PSA hits, door-to-door visits and # of sprinkler systems maintained. Goal 2: Adopt a one and two family dwelling fire sprinkler ordinance. Objectives: • Educate fire department members on the design, costs, benefits and maintenance of one and two family residential fire sprinkler systems. o Develop and provide training to all 35 fire department members that will prepare them to answer questions about residential fire sprinklers and to participate in the door to door campaign. Training will be presented at least four times. • Educate city department partners including building, planning, water and public works departments on the benefits of the one and two family fire sprinkler system. o Develop and provide training specific to their department interests: water conservation, economy, building materials conservation. Training will be presented at least two times. • Educate designers, developers, builders and real estate professionals on the benefits and successful installation of fire sprinkler systems. o Develop and provide training opportunities specific to their interests: ie, development community on what they look like and how to coordinate inspections with the sub-contractors; provide real estate professionals with features and benefits in selling a home with a fire sprinkler system. Training will be presented three or more times. • Educate the community at large regarding the benefits of the residential fire sprinkler systems. o Provide at least four public demonstration opportunities with the fire sprinkler trailer that shows the life saving features of fire sprinkler systems. • Demonstrate to the City Council the risk benefit of residential fire sprinkler systems including citizen safety, water use, economy and firefighter injury/fatality reduction. o Provide a fire sprinkler demonstration during a study session and show the results of community fires both with and without fire sprinklers. A fire sprinkler trailer is intended to be used in educating each of the above audience groups. Our endeavor in the educational process will be to inspire each of these population segments to partner in sharing the benefits of residential fire sprinkler systems with their friends, neighbors, customers and colleagues in support of FEMA"s "Fire is Everyone"s Fight" campaign. In each of the population groups above, it will be our effort to identify at least one key person who can help to facilitate the fight. https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 11 of 25 *6c. Evaluation Plan: Will the proposed project be periodically evaluated for its impact on the community? If yes, describe the methodology and steps you plan to take in order to conduct the evaluation. The following are the methods of evaluation for determining success of this project: 1 - Survey of the community on its knowledge of residential sprinkler systems through the city"s website. 2 - Recording of the number (percentage) of one and two family sprinkler systems that are in service, and final numbers that reflect that they are all in service. 3 - Successful implementation of the residential fire sprinkler ordinance. 4 - In future years, provide a method for homeowners to report that they are maintaining their residential fire sprinkler system annually. 5 - In the event that the sprinkler ordinance is not passed through this process, evaluation could be made to determine if sprinklers are installed voluntarily. *6d. Cost Benefit: Does your project demonstrate a high benefit for the cost incurred? Are the costs associated with the project are reasonable for the target audience that will be reached? If so, demonstrate the above in addition to the cost benefits and how you plan to maximize the level of funding that goes directly into the delivery of the project. Cost benefit as it relates to the number of deaths and injuries prevented is invaluable. How much value do you place on a life. During the last 11 years, the duration of data that can be queried, AF&R has experienced 64 one and two family dwelling working structure fires. In addition, we have had an additional 51 fires during this period which were reported as confined to a cooking device, rubbish fire or otherwise that threatened the home. The cost benefit to the reduction of an average of 6.5 fires each year includes the amount of water used, property loss, and injury and fatality prevention in both our citizens and firefighters. Statistics for the latter is presented above. In one and two family dwelling fires, property damage was 68% less than in homes where no fire sprinklers were present according to NFPA 2012 US Experience with Sprinklers. FM Global has reported that greenhouse gas emissions are cut by 98%, water usage reduced between 50-91%, fewer pollutants such as heavy metals were found in sprinkler wastewater versus fire hose water, and that non-sprinkler wastewater are an environmental concern. *6e. Sustainability: Is it your organizations intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. The fire sprinkler demonstration trailer will make future education much easier to provide. Medford fire has completed at least two sprinkler side by side demonstrations for several years, and this trailer will make the prospect much more efficient, costing less and taking less time. The education of residential fire sprinkler systems will be rolled into our annual public education campaign. Even with the adoption of a fire sprinkler ordinance, education will need to continue regarding the benefits and the maintenance of the systems. The props, signs, video and PSA"s can be used in the years to come. The implementation of a fire sprinkler ordinance will become self-sustaining. Through each city"s plan review, permitting and inspection process, sprinkler systems will become a norm and will provide the costs necessary for plan reviewers and inspectors to provide those services. *6f. Financial Need: Why are you unable to fund this project without Federal assistance? How are the critical functions of your organization affected without this funding and what are the details of your current operating budget? Describe efforts to obtain funding elsewhere and how similar projects have been funded in the past. Ashland Fire & Rescue"s two year budget is $13.9 million with department revenues anticipated to be $2.1 million. The balance is supported by the City of Ashland"s limited general fund. The general fund is financed with tax revenue. In 1997, a voter approved Oregon property tax initiative reduced property value and limited an annual increase not to exceed 3%. The operating costs have outpaced tax based revenue resulting in a shift towards other revenue generating options. Our budget is allocated as follows: 74% personnel (wages and https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 12 of 25 benefits), 26% materials and services. In 1999, the City of Ashland ventured into the telecomm business as a source of revenue. The idea was to provide Internet and Cable TV to the residents and draw Internet based businesses into our community. After 7 years the city was in debt over $15 million. The TV service was sold and the city developed a strategy to repay the debt. Starting in 2008, our fire department had to reduce the total operating budget by 6.6% ($339,227). We lost the funding for a fire inspector for two vacant line firefighter positions. We also reduced our training and equipment replacement funds by more than 50%. In 2009, the city council raised the tax rate to prevent the loss of two additional firefighter positions thereby adding a further burden on our citizens. The budget increase was capped at 2% for both 2009 and 2010. This was due to the increases in personnel and direct expenses while revenue remained flat. In 2011, the firefighters were awarded a 3% increase in wage benefits after a number of years with no increase. This increase, along with higher health care and retirement costs resulted in the largest increase in our operating budget. Fortunately, after a very stagnant development period, we are starting to see some activity which is generating income for the city"s general fund. The fire department has started charging additional fees for service. These fees are from plan reviews, company inspections, and certain types of responses such as auto accidents and aid calls. These revenues are indicated above. With the increase in health service and retirement costs, our city is again facing challenges in providing necessary services. We have been successful in local and state funding opportunities to purchase items such as a Thermal Imager, EMS equipment and radios for our CERT program. We have not pursued other grant opportunities for the items we are requesting in this application. Our current financial status requires our department to seek every financial opportunity just to maintain our basic services for the citizens we protect. Without funding from this grant, we will continue to proceed with educating the public on residential fire sprinklers with the goal of a fire sprinkler ordinance in one and two family dwellings. Our efforts will be much less robust as we would not be able to purchase a sprinkler demonstration trailer. 6g. Additional Comments: If you have any additional comments about your project, please provide them here. Summary Continued: The purpose of this program is to provide fire sprinkler education to the population of Ashland and Medford that would be impacted by a fire sprinkler requirement in newly constructed and significantly remodeled one and two family residences. Ashland Fire & Rescue and the Medford Fire Department are already partners in emergency response with mutual and automatic aid agreements in place. The fire prevention divisions of both departments work together routinely. Our departments have met to discuss the prospect of working together to promote fire sprinkler ordinances in our two jurisdictions. It is the intention of this grant request to be a regional request for components of this project including, but not limited to, the fire sprinkler demonstration trailer and development of the PSA's. We recognize that the implementation of this ordinance will be challenging and that it is critical to educate to gain buy-in from other city departments, the development community and city leaders. In order to gain buy, it is also important to provide education to these groups, realtors and our firefighters to dissuade any rumors or conflicting information about residential fire sprinklers. The public depends on these people for reliable information. While Oregon adopts the ICC family of codes, during the 2011 Oregon Residential Specialty Code (based on the IRC) adoption, the Oregon Building Codes Division chose remove the fire sprinkler requirement in one and two family dwellings. The residential fire sprinkler effort was led by a handful of committed and energetic fire marshals who had been working with the building codes division for several years and believed that Oregon was in line to adopt the sprinkler requirement. In the eleventh hour, the choice was made to remove the sprinkler requirement. Oregon is a mini-max state for the building code, meaning that local modifications to structural requirements cannot be made. However, there is Oregon Revised Statute language that allows a local jurisdiction to apply for an exception to be granted permission to adopt a local amendment to require residential fire sprinkler systems. This is our final goal - to bring forth a fire sprinkler ordinance to the city council that requires the https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 13 of 25 installation of fire sprinkler systems in all new one and two family dwellings and in those completing a significant remodel. ("Significant" has not been defined yet.) Codes already require fire sprinklers in multi-family dwellings three units or greater. We have implemented the five step process for public education planning. Included are the following either priority or specifically mentioned programs in grant guidance: • door to door smoke alarm campaign • promoting residential fire sprinkler awareness and verifying the operation and maintenance of existing systems. • The enactment of fire related ordinances for construction Budget Item *Item Personnel Wages *Select Object Class Personnel If you selected other above, please specify * Number of units 300 (Whole number only) * Cost per unit $ 55 (whole dollar amounts only) * Description The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting 300 home inspections (single family & apartments) at an average costs: number of meetings/days/attendees; travel of 1 hour each costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Budget Item *Item Fire Sprinkler Education Trailer *Select Object Class Equipment If you selected other above, please specify * Number of units 1 (Whole number only) * Cost per unit $ 66402 (whole dollar amounts only) * Description The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting Fire sprinkler demonstration trailer - factory made costs: number of meetings/days/attendees; travel costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Budget Item *Item Video PSA *Select Object Class Supplies If you selected other above, please specify * Number of units 1 (Whole number only) * Cost per unit $ 3000 (Whole dollar amounts only) * Description Development of a 30 and 60 second PSA The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting costs: number of meetings/days/attendees; travel https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2O l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 14 of 25 costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Budget Item *Item Advertising Costs *Select Object Class Other If you selected other above, please specify Television Advertising * Number of units 100 (Whole number only) * Cost per unit $ 45 (Whole dollar amounts only) * Description The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting This is the average cost of television advertisements. costs: number of meetings/days/attendees; travel costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Budget Item *Item Website Development *Select Object Class Contractual If you selected other above, please specify * Number of units 1 (Whole number only) * Cost per unit $ 500 (Whole dollar amounts only) * Description The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting Development of web page for the promotion of this program. costs: number of meetings/days/attendees; travel costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Budget Item *Item Radio PSA's *Select Object Class Other If you selected other above, please specify Recording of Radio PSA's * Number of units 10 (Whole number only) * Cost per unit $ 35 (Whole dollar amounts only) * Description The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting Recording of 20 radio PSA's; PSA's will be written and designed costs: number of meetings/days/attendees; travel in house. costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Budget Item *Item Signs *Select Object Class Supplies If you selected other above, please specify https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 15 of 25 " Number of units 3 (Whole number only) " Cost per unit $ 200 (Whole dollar amounts only) " Description The space to the right should be used to provide further clarification and details on the costs (i.e. personnel costs: number of hours/rate/staff; meeting All weather reusable signs designed for three different sign costs: number of meetings/days/attendees; travel boards in the community. costs, etc.) and types of items that you are requesting. Budget justification should be included in the project narrative. Research And Development Projects Budget Budget Object Class Budget Amount Personnel 16,500 Benefits 0 Travel 0 Equipment 66,402 Supplies 3,600 Contractual 500 Construction 0 Other 4,850 Indirect Charges 0 Indirect Cost Details (complete this section only if you have a Federally approved Indirect Cost Rate agreement). Please note you must add the Indirect Costs as a line item within the Request Details section as they are not automatically calculated. Agency Indirect Cost Agreement with Indirect Cost Rate % Agreement Summary Total Federal and Applicant Share Federal Share $ 87,260 Applicant Share $ 4,592 Federal Rate Sharing 95/5 Non-Federal Resources (The combined Non-Federal Resources must equal the Applicant Share of $ 4,592) a. Applicant $ 4,592 b. State $ 0 c. Local $ 0 d. Other Sources $ 0 If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. https://eservices.fema.gov/FemaF ireGrant/firegrant/j sp/prevention20 l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 16 of 25 Total Budget $ 91,852 https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 17 of 25 Narrative Statement The narrative for Fire Prevention and Safety is provided when adding Fire Prevention and Safety Projects under the Request Details section. https:Heservices.fema.gov/FemaF ireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 18 of 25 Assurances and Certifications FEMA Form SF 424B You must read and sign these assurances. These documents contain the Federal requirements attached to all Federal grants including the right of the Federal government to review the grant activity. You should read over the documents to become aware of the requirements. The Assurances and Certifications must be read, signed, and submitted as a part of the application. Note: Fields marked with an * are required. O.M.B Control Number 4040-0007 Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination https:Heservices. fema.gov/FemaFireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 19 of 25 provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention20 l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 20 of 25 Signed by Margueritte L Hickman on 03121/2014 https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2O l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 21 of 25 Form 20-16C You must read and sign these assurances. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Note: Fields marked with an * are required. O.M.13 Control Number 1660-0025 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/$/2014 Application Number: EMW-2013-FP-00797 Page 22 of 25 (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, i.e. regional office or DHS office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2O l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 23 of 25 (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Margueritte L Hickman on 03121/2014 https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 24 of 25 FEMA Standard Form LLL Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention20l 3/application/print_ap... 9/8/2014 Application Number: EMW-2013-FP-00797 Page 25 of 25 Submit Application Application 100% complete, Submitted Please click on any of the following links to visit a particular section of your application. Once all areas of your application are complete, you may submit your application. Application Area Status Preparer Information Complete Contact Information Complete Applicant Information Complete Request Information Complete Request Details Complete Budget Complete Narrative Statement Complete Assurances and Certifications Complete PLEASE READ THE FOLLOWING STATEMENTS BEFORE YOU SUBMIT. • YOU WILL NOT BE ALLOWED TO EDIT THIS APPLICATION ONCE IT HAS BEEN SUBMITTED. If you are not yet ready to submit this application, save it, and log out until you feel that you have no more changes. • When you submit this application, you, as an authorized representative of the organization applying for this grant, are certifying that the following statements are true: To the best of my knowledge and belief, all data submitted in this application are true and correct. This application has been duly authorized by the governing body of the applicant and the applicant will comply to the Assurances and Certifications if assistance is awarded. To sign your application, check the box below and enter your password in the space provided. To submit your application, click the Submit Application button below to officially submit your application to FEMA. Note: The primary contact will be responsible for signing and submitting the application. Fields marked with an are required. I, Margueritte L Hickman, am hereby providing my signature for this application as of 21-Mar-2014. https:Heservices.fema.gov/FemaFireGrant/firegrant/j sp/prevention2013/application/print_ap... 9/8/2014 CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Liquor License Application for Michael Leslie dba Vinyl Club FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Michael Leslie dba Vinyl Club at 130 Will Dodge Way BACKGROUND AND POLICY IMPLICATIONS: Application is for change of ownership. 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 Michael Leslie dba Vinyl Club at 130 Will Dodge Way. ATTACHMENTS: None Page 1 of 1 CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Contract with KOGAP Enterprises Inc. for the Mountain Avenue Overlay Project FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurysgashland.or.us SUMMARY The Council is asked to approve award of a construction contract for the Mountain Avenue overlay project. On September 4, 2014 at 2:00 p.m. bids submitted for the overlay project were opened and publicly read. Bids were received from three contractors with KOGAP Enterprises Inc. providing the low bid in the amount of $655263. The project involves pavement rehabilitation on North Mountain Avenue from Hersey Street to 1-5. BACKGROUND AND POLICY IMPLICATIONS: Bidding Procedure: The Mountain Ave. overlay project was publicly bid on August 14, 2014. The project was publicly advertised in the Mail Tribune and the Daily Journal of Commerce. In addition, project plans and specifications were sent to several plan centers and were also posted on the City's website. Bids were opened on September 4, 2014 at 2:00 p.m. with three contractors responding. Two of the three bids were valid and contained the required bonds, documentation, acknowledgements and were received on time. Bidding information is shown on the attached proposal summary form. KOGAP Enterprises was the lowest responsive, responsible bidder with a bid of $655,263. Project Description: The project includes pavement rehabilitation of Mountain Ave. from Hersey St. to the I-5 overpass. In addition the project includes: new curb and gutter, sidewalk, striping, storm drain improvements and replacement of the existing grass medians with drought tolerant landscape designs. FISCAL IMPLICATIONS: The Mountain Ave. project is funded directly by the City as a capital improvement project (CIP). The established project budget was $350,000. The bid amount of $655,263 is substantially over the budgeted amount. The budget amount was developed over four years ago and was not updated to account for additional rehabilitation work, road widening, storm drain and landscaping that is proposed for the current project. This project was intended to be designed in 2011 and constructed in 2012 with monies obtained through fund exchange with the Metropolitan Planning Organization, but the monies were transferred to cover costs of the Hersey/Wimer intersection realignment. http://ashland.or.us/Alzendas.asp?Displgy=Minutes&AMID=4551 In order to fund this project staff is recommending to re-budget two overlay projects planned for the current biennium to fiscal year 2016. The projects staff are recommending to postpone include the Mountain Ave. overlay from E. Main to the rail road tracks and Wightman St. from Quincy St. to Page 1 of 2 F`, CITY OF -AS H LAN D Siskiyou Blvd. Although this it is not ideal, it is the only way to fund this project now. The long term impact is future street overlay projects identified in the CIP will also need to be delayed due to limited transportation funding. A street user fee study will be conducted, starting shortly, to analyze the long term fiscal implications for roadway lifecycle maintenance activities. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council accept the bid and authorize the award of contract with KOGAP Inc. in the amount of $655,263 for the Mountain Ave. overlay project. SUGGESTED MOTION: Move to approve the bid and award of contract to KOGAP Inc. in the amount of $655,263 for the Mountain Ave. Overlay Project. 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CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Approval of Recommendation From the Public Art Commission for Painting Electric Utility Boxes on the Corner of A Street and Oak Street and on Pioneer Street Near A Street FROM: Ann Seltzer, Management Analyst, seltzeragashland.or.us_ SUMMARY The Public Art Commission recommends Council approve the designs submitted by artist Anne DiSalvo to be painted on two boxes on Pioneer Street near A Street and by Yelena Joy to be painted on one box at the corner of A Street and Oak Street. Implementation of public art requires Council approval. If approved, the artist will begin painting in the next few weeks. BACKGROUND AND POLICY IMPLICATIONS: The Public Art Commission (PAC) oversees the painting of electric utility boxes in Ashland. Business owners may request utility boxes adjacent to their property to be painted and pay $500 per box. The funds are used to prep and prime each box, pay the artist, pay for paint and seal the box with a clear protective coating. Brent Thompson, owner of a large piece of property between Oak and Pioneer Streets and `A' and `B' Streets requested that three utility boxes adjacent to his property be painted. The PAC issued an RFP/Call for Artists in July and received three designs from three different artists. As required by AMC 2.29 a selection panel independent of the PAC and comprised of neighbors of the proposed utility boxes and citizens with a background in art was formed. The selection panel approved the attached designs. The suggestion to paint utility boxes was raised by citizens during the Public Art Master Plan public involvement period in 2007. In 2009 with a grant from the Jackson County Cultural Trust seven boxes were painted. Since that time eight additional boxes have been painted. This project meets the objectives in the Public Art Master Plan by elevating citizen and visitor awareness of public art in Ashland and incorporating artistic elements into basic functional pieces. FISCAL IMPLICATIONS: All associated costs are borne by the property owner. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed designs. Page 1 of 2 ~r, CITY OF ASHLAND SUGGESTED MOTIONS: I move approval of the Public Art Commission's recommendation of the proposed designs for the utility boxes. ATTACHMENTS: • Images of the proposed design for Pioneer Street boxes • Image of the proposed design for the A Street and Oak Street box Page 2 of 2 ice, t 1 ,ry - W a, d C Z < W O Uw L F- Q w u.. 0 - VW o ~ L w S V ~ W d Z CD Q C/:) CO !R N X V W I.L. .0 M Q , ~t p Q m W L - O z< in in LL- LO O 0 w m o z CO O (D H J C/) CO) .~Ro ~ - - LLJ ~h. 4-1 o~ a y LU ~,~~i~'n yeti f 4 l.f ~k' • ^~w.(~. •C f1I t' J' Q T M IV- v 3 L ~ e o d t ~ co ~ ~ v o+ i. M c •5 TT S d 1 } cl) Q N a4a Y_ O X x W c Na ra Q~ N X Q m ryti W A O F t x (n O X x ~J M O a ~s u7 m Z ~ ~ ~t~cg~zyt CD W i =r ' Q E I U CA US d w ui a N y. y w W qa ~ ~ Ql O X 4i tS~ w x W o = cu sa z 03 0 ►v © Cj) . m CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Designation of Voting Delegate to LOC Annual Meeting FROM: Diana Shiplet, Executive Secretary, Administration, diana.shiplet@ashland.or.us SUMMARY The Council has the opportunity to designate a voting delegate and alternate delegate for the annual League of Oregon Cities membership meeting, occurring on September 27, 2014. BACKGROUND AND POLICY IMPLICATIONS: The annual membership meeting of the League of Oregon Cities will be held on September 27, 2014 at their annual conference. Each member city is entitled to cast one vote at the meeting. Currently, no Council members will be in attendance at the LOC annual conference. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to approve as the voting delegate and as the alternate voting delegate for the League of Oregon Cities membership meeting taking place on September 27, 2014. ATTACHMENTS: Designation form Page I of 1 89th ANNUAL LOC CONFERENCE -M%A LEAGUE September 25-27, 2014 ■ Hilton Eugene Oregion CITIES Designation of Voting Delegate at Annual Membership Meeting The annual membership meeting will be held Saturday, September 27, at 8:00 a.m. Each city is entitled to cast one vote at the membership meeting; however, all city officials are encouraged to attend the meeting. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday morning prior to entering the membership meeting. NOTE. Delegates may not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. FOR THE CITY OF VOTING DELEGATE: Name Title ALTERNATE: Name Title Return this form by Sept. 12 to: Submitted by League of Oregon Cities (Signature) Attn. Jennifer Marks Fax: (503) 399-4863 Name imarks@orcities.ork Title 1201 Court St. NE, Suite 200 phone Salem, OR 97301 Email LEAGUE of Oreqon C_I _T I E S 1201 Curt Street \F, Suite 200 • Salem, Ore¢rm 97301 (303) 588-6550 • (800) 457-0.338 • 1=41x: (503) 399-4863 -%mw.orcities.ork August 27, 2014 TO: City Managers, Administrators and Recorders FROM: Kim Bentley, Office Manager Enclosed is the voting delegate form for the League's annual conference, to be held September 25-27 at the Hilton Eugene. If you have officials attending this year's annual conference, we ask that this form be completed and returned to the League office by Friday, September 12. The voting delegate form tells us who will be voting on behalf of your city during the Annual Membership Meeting on Saturday morning, September 27. Please note that delegates may not vote without a voting card, and voting cards will be issued only to the voting delegate or alternate listed on the enclosed voting delegate form. Voting by proxy will not be permitted. The voting cards will be available the morning of the 27th just prior to the business meeting. Members will be asked to vote on the Board of Directors for 2015. Thank you, and please let us know if you have any questions. We look forward to seeing many of you in Eugene. Enclosures CITY OF ASHLAND Council Communication September 16, 2014, Business Meeting Recommendation from the ad hoc Downtown Improvement and Beautification Committee for the use of TOT funds for "other City projects that qualify" FROM: Ann Seltzer, management analyst, seltzeragashland.or.us SUMMARY In March 2014, the City Council appointed the ad hoc Downtown Improvement and Beautification Committee. The charge of the committee was to develop a plan, for City Council approval, regarding the use of transient occupancy tax (TOT) funds that have been budgeted for "other City projects that qualify," with an emphasis on projects in the downtown. The committee was asked to recommend projects to be completed in the current budget cycle and the subsequent biennium. Pending approval of the committee recommendation by the City Council, staff will begin implementation of the recommended projects in July 2015, which are: historical markers, downtown sidewalk repair, tree wells, replacement of downtown pedestrian lights to accommodate hanging flower basket and allocation of funds for unidentified beautification projects. BACKGROUND AND POLICY IMPLICATIONS: Resolution 2013-05 allocates a percentage of the tourism portion of revenues from the TOT funds to be used for "other city capital projects." The City Council in March formed the ad hoc Downtown Improvement and Beautification Committee to prioritize potential projects that qualify for the use of those funds and to develop a timeline for implementation of the projects through the end of the 2017 fiscal year. The nine member committee has met ten times since March of 2014. Each agenda allocated 10 to 15 minutes of public input at the beginning of the meeting. The committee reviewed more than twenty projects. Some had been previously identified, some were brought to the committee for consideration by citizens and others were identified during the course of the committee work. On September 2, 2014, the City Council approved the committee recommendation of projects to be completed by June 2015. The attached recommendation identifies projects to be funded with TOT revenues in the 2015-2017 budget cycle. FISCAL IMPLICATIONS: Implementation of the proposed projects will use funds generated from the transient occupancy tax and allocated for "other City projects that qualify" during the budget cycle of July 2015 through June 2017. Page 1 of 2 Ir, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving the recommendation. SUGGESTED MOTIONS: I move to approve the recommendation of the Downtown Beautification Improvement ad hoc Committee and direct staff to implement the projects, subject to approval of appropriate budget cycle authority in that for projects to be undertaken in the 2015-17 budget cycle. ATTACHMENTS: • Recommendation from the Downtown Beautification Improvement ad hoc Committee. • Resolution 2013-05 Allocating Anticipated Revenues from the Transient Occupancy Tax Page 2 of 2 CITY OF ASHLAND September 16, 2014 Mayor and City Council DRAFT Downtown Beautification Improvement ad hoc Committee Recommendations on the use of the transient occupancy tax revenues for city projects for FY 15-17 We are pleased to present to the City Council our recommendations for the use of the TOT funds from July 2015 through June 2017. Staff has advised the committee that the City anticipates approximately $130,000 in TOT revenues available for the following projects. Projects Historical Markers The Historic Commission has identified 15 historic locations where markers would be appropriate. The commission has applied for a grant for markers. Committee Rationale: The committee believes that this project will be of interest to both visitors and citizens and voted to allocate $11,000 towards this project to supplement potential grant funds. Downtown sidewalk repair Many of the downtown sidewalks are in need of repair and pose tripping hazards. Committee Rationale: While sidewalk repair is the responsibility of property owners there are two considerations: most downtown businesses are not the property owners and don't have the funds to make sidewalk repairs and if the property owner were to spend the money to repair the sidewalk the costs would be passed on to the business tenant. The committee voted to allocate $11,000 toward this project to address the most egregious problems. Staff has reported the cost of replacing a four-square section of sidewalk is about $1,000 and the cost to grind a small section is $125. The committee also recognizes that the Downtown Transportation Committee may eventually recommend more extensive sidewalk improvements in the downtown. Tree wells Many of the tree wells have become tripping hazards, either because of tree roots or broken and loose bricks. This project involves the use of permeable aggregate epoxy applied to the tree well to fill the uneven surface. Committee Rationale: The committee understands the Downtown Transportation Committee may eventually have a recommendation for downtown sidewalks and trees but felt that the potential tripping hazards caused by uneven tree wells needs to be addressed now. The committee voted to allocate $10,000 for this project. Replacement of downtown pedestrian lights to accommodate hanging baskets of flowers This project calls for the replacement of the existing pedestrian lights which have been in place for several decades. They have become somewhat problematic to maintain and they are too short to accommodate hanging baskets. Committee Rationale: The committee understands that this is a significant project and cannot be accomplished within a single budget cycle, but feels that gradually replacing ten or fifteen lights each cycle is a good start to getting a uniformed look downtown and hanging baskets of flowers will add color to the downtown blocks. The new lights will accommodate Page 1 of 2 pX, CITY OF -ASHLAND hanging baskets of flowers, irrigation lines and accommodate holiday decorations. The committee voted to allocate $49,000 towards this project. Staff note: It is unlikely irrigation will be available for the flowers until some future date when the entire downtown irrigation system can be updated. Staff will research the availability and cost of hiring a water truck to hand water the flowers. Staff also recommends installing LED lights because of the energy savings however that means that the downtown lights will be a combination of LED and HPS (high pressure sodium) lights for a few years until all the lights are replaced. Unidentified Beautification Projects It is likely that improvement projects that have not yet been identified will surface during the next biennium. Committee Rationale: The committee felt it important that the City Council have funds available for unanticipated projects that may arise during the budget cycle and qualify for the use of TOT funds. The committee voted to allocate $25,000 for this purpose. Other The committee does not feel that public restrooms or recycling are within our purview. However, we did hear from members of the public that these two issues are a concern. We encourage the City Council to consider addressing these items in the near future. Process As noted in our recommendation presented to the City Council on September 2, our committee has met ten times since March 2014. Each agenda included 10 to 15 minutes of public input at the beginning of the meeting. The committee reviewed more than twenty projects; some had been previously identified, some were brought to the committee for consideration by citizens and others were identified during the course of the committee work. One meeting was spent touring the downtown core and looking at possible projects with "fresh eyes". Next Steps We held our final meeting on August 28 and believe we have comple d our original charge from the City Council to develop a plan for the expenditure of TOT funds flle t", Downtown Beautification Improvement Committee Members: Kerry Kencairn Brent Thompson Sandy Friend Melissa Jensen Lisa Beam Pam Hammond Michael Dawkins LouAnn David Steffani Seffinger Staff Liaisons: Ann Seltzer, Dave Kanner Council Liaison: Greg Lemhouse Page 2 of 2 ~1, i RESOLUTION NO. 09011 `US I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND ALLOCATING ANTICIPATED REVENUES FROM THE TRANSIENT OCCUPANCY TAX FOR THE BIENNIUM 2013-2415 BUDGET AND REPEALING RESOLUTION 2012-04. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City of Ashland collects a Transient Occupancy Tax, as outlined in the Ashland Municipal Code 4.24. Revenues from the Transient Occupancy Tax are used to fund General Governmental expenses, economic development, tourism promotion and the City's Economic, Cultural, and Sustainability Grant program. SECTION 2. The City of Ashland has adopted policies for the grant program. Through the grant program, the City is purchasing services from non-profits that it might otherwise provide directly. The grant program has three basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. • u ra eve op en . The gran program will support increase iversi y an accessibility of the creative arts and cultural opportunities in Ashland for citizens and visitors both to support the visitor economy and to enrich the quality of life in the community. Sustainability. The grant program will support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. SECTION 3. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT revenue generated by a higher tax rate is committed to tourism promotion. Appropriations for tourism are based upon the following percentages established in FY 2009-10 when the rate was increased from 7%-9%- 1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7%o tax rate for tourism promotion per Chapter 818, 2. A minimum of 70% of the estimated TOT revenue to be generated by additional tax rates approved by Council on June 3, 2008 for tourism promotion per Chapter 818. For the Biennium 2013-2015, the City of Ashland expects to budget $2,071,100 in 2013-2014 Page 1 of 3 3 and $2,143,900 in 2014-2015 in total Transient Occupancy Tax.. Those funds are split between tourism and non tourism uses as follows: 2013-2014 2014-2015 Tourism (26.67% of total): $ 552,362 $ 571,778 Non Tourism (73.33% of total): $1,518,738 $1,572,122 Tourism Portion 2013-2014 2014-2015 Chamber of Commerce VCB - estimated as 56% of Tourism $309,323 $320,196 funds Oregon Shakespeare Festival - $110,000 of Tourism funds, $110,000 $110,000 estimated as 19.9% in 2013-2014 and 19.2% in 2014-2015 City Economic, Cultural, and Sustainability Grant program - $55,236 $57,178 estimated as 10%0 of Tourism funds Public Art - 3% of Tourism funds, estimated $16,571 $17,153 Other City Capital Projects that qualify or Grants - the balance of $61,232 $67,251 Tourism funds, estimated as 11.1% and 11.8% If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if actual, qualifying expenditures in the year are less than the appropriated amount, the additional or unused amount(s) will be reserved for future Tourism related projects or Capital Improvements that qualify per the state definition as determined by Council. Non Tourism Portion The remaining estimated TOT revenue (not restricted by use) will be appropriated for other uses through the budget process with the following priorities and dollar amounts as minimums unless insufficient tax proceeds remain after meeting tourism requirements: 2013-2014 2014-2015 1st Priority General Fund operations - 80% of Unrestricted $1,214,990 $1,257,697 funds, estimated 2nd Priority City Economic Development program -10% of $151,874 $157,212 Unrestricted funds, estimated 3rd Priority City Economic, Cultural, and Sustainability Grant $151,874 $157,212 program, the balance, estimated Economic Development programs or other projects are City activities unless otherwise specified by Council prior to the budget process. Council may determine that such funds are available for granting purposes and they will then be made available for the coming budget process and allocation. If insufficient TOT revenues are generated for the above allocations, the highest priority uses will receive their fall allocation before a lower priority allocation. Unrestricted TOT revenue unspent in a budget year becomes part of the General Fund unrestricted ending fund balance unless otherwise determined by City Council. Page 2 of 3 I SECTION 4. Resolution 2012-04 is repealed upon passage of this resolution.. SECTION 5. This resolution was duly PASSED and ADOPTED this , day of 2013 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of '2013, Ybnt emberg, Mayor Review d as to form• David Lohman, City Attorney Page 3 of 3 CITY OF -ASHLAND Council Communication September 16, 2014, Business Meeting First Reading of an Ordinance repealing AMC Chapter 6.36, Film and Television Productions and Enacting Replacement AMC Chapter 6.36 FROM: Ann Seltzer, management analyst, seltzeragashland.or.us David Lohman, city attorney, lohmandgashland.or.us SUMMARY This is the first reading of an ordinance repealing Ashland Municipal Code 6.36, Film and Video Production and replacing it with essentially new provisions. The existing film ordinance was adopted in 1984. New filming technologies and methods, along with an increase in filming activities in Ashland over the past several years, have highlighted a need to clarify and update the City's rules for monitoring and minimizing any downside consequences of film production in Ashland. Adoption of this ordinance will clarify the City's expectations for safety, impact and liability when filming on City- owned property and other property and make clear for commercial and non-commercial film makers, television producers and photographers when filming permits and fees are required. BACKGROUND AND POLICY IMPLICATIONS: Film production was identified by the Economic Development Technical Team as an economic development tool. The City wants to encourage responsible local film production. The purpose of regulating film production is three-fold: 1) to ensure the safety of participants, spectators and the general public, 2) to minimize the inconvenience and disruptive impacts to citizens, businesses and City services and 3) to minimize the liability risk to the City, to the general public and to public property. Staff has done considerable research on film production ordinances, permitting and fees in other cities in Oregon and California, as well as other cities that are similar to Ashland in terms of population, tourism-dependent economies, and dense and heavily-used downtowns and universities that provide film production courses. Generally, the regulations and permit requirements are broad and don't include specifics. Oregon's Office of Film and Television recommends ordinance provisions broad enough to allow flexibility when working with each new film project. The significance of the safety, impacts and liability issues raised by any film production depends not on any one factor, but rather on a combination of factors that include the nature of the proposed film activity, the number of vehicles, the number of people involved, the number of days filming and the filming locations. Page 1 of 4 CITY OF ASHLAND The City Council provided direction on filming regulations at the July 14, 2014 study session and at the February 4, 2014 meeting. The proposed ordinance now would not require filming permits for filming for news purposes, personal filming using personal devices, filming on property not owned by the City, filming in studios, and filming for charitable purposes (when no one is receiving a profit for performing the filming). In addition, the ordinance gives the city administrator express flexibility to waive permit requirements, permit fees and liability insurance. As noted in previous meetings with the Council, staff worked with Gary Kout of Southern Oregon Film and Television and Anne Lundgren of JOMA films to develop proposed film permit fees. The fees are based on the number of participants, the number of vehicles, the number of days filming, the location of filming and the number of days in advance of filming the application is submitted. Those fees can be viewed in the DRAFT Film Production Guidelines (attached) and will come to the Council as a resolution for approval. Staff also received useful input on the Film Production Guidelines and Polices from Allan Sandler of Sandler Films, which is attached. His comments are highlighted in green. Erik Palmer of Southern Oregon University also provided input (attached). Recently the Mayor, staff, Brandon Givens of RVTV and Erik Palmer met to discuss his input. That meeting resulted in a productive solution for students filming on city-owned property. See item #3 listed below under "Other Significant Changes from Current Ordinance" and attachment #3. The proposed ordinance differs from the current one in that it provides for two distinct forms of regulation. First, it establishes general rules with which every filming activity must comply. Then it establishes a specific permitting process for the film productions on City property that are logistically complex and likely to present safety, disruption and liability problems. These are also the projects most in need of a single point of contact to provide guidance in working through City requirements and the projects most likely to demand significant amounts of effort and time from City staff, often from multiple departments, All filming projects have to comply with the general filming regulations. However, not all trigger the requirement for a filming permit and would not necessarily involve City staff at all, unless some other form of approval or notice is required by another City ordinance (for example, a street closure or other film production activities that qualify as a Special Event). If citizens file complaints or police officers discover problems with the unpermitted project additional permits, regulations and/or alternative film plans may be required. Whether or not a particular filming project is required to get a filming permit, it is subject to the provisions of all City ordinances (such as the requirement to have a City business license or to pay a fee to occupy a parking space all day) and must take responsibility for full compliance. As with most other ordinances, enforcement would be undertaken by City police officers or code enforcement officials, typically prompted by citizen complaints. In other words, projects that do not require filming permits would not get the benefit of having City staff serve as ombudsman for them. Other significant changes from current ordinance: Page 2 of 4 CITY OF -AS H LA N D 1. Exempts permit requirement for productions filmed entirely on private property, but does require notice to neighbors of the film activity using a form developed by the City and providing the City with a copy of the notification. 2. Exempts permit requirements for personal film or video productions using personal devices. 3. Allows for easing the permit requirements for student films shot on City-owned property. Filming activities would be exempt from filming permit fees; would not need a permit if conducted solely on non-City property; and would need a permit for filming on City property only in circumstances to be specified in a tentative agreement, yet to be finalized, with SOU. Under this agreement, professors teaching film production classes would assess the student- proposed film activities using a City- and Parks-provided list of activities that trigger a City film permit. If the activity is not included on the list, the student would not have to secure a filming permit. If the activity is on the list, the student would have to secure a filming permit. Trigger activities would include blocking a City street or sidewalk, the use of supplemental lighting, etc. This would streamline the process for students and still provide for oversight of film activities presenting genuine safety, disruption or liability challenges. This special arrangement for student filming projects was developed as a result of a recent meeting between the Mayor, staff, Brandon Givens from RVTV and Erik Palmer. This process will be clarified in a memorandum of understanding between the City and SOU. 4. Allows the City Administrator to waive permit requirements, permit fees and liability insurance if in the judgment of the City Administrator, the film activity has minimal impact with respect to traffic, noise, parking, safety, crowd control, disruption of services or obstruction of public rights of way. Discussion Points: • Should a filming project by a for-profit production company on City property be exempted from the film permit requirement when the product is paid for by and benefits a charitable organization, even when the project presents genuine safety, disruption, or liability challenges and requires significant City staff time and effort? • Is the risk of fire or other disruptions to neighboring property owners small enough that filming on private property need not be enough of a City concern to require a special filming permit? • Should "filming for news reporting or documenting public events" include filming of any activity of interest to the public, such as local history, hobbies or skills development? Is there a plausible definition of "activity of interest to the public" that is not inherently so broad that it includes any possible activity? Would requiring filming permits for taping shows on City property concerning topics which are not "news" but which are matters of public interest infringe on free speech rights? When filming about such topics takes place on City property, should it be exempt from permitting requirements whether or not the filming poses safety, disruption or liability challenges? • Should filming for classwork be exempt from the requirement for a permit, as well as exempt from having to pay a permit fee, whether or not the filming poses safety, disruption or liability challenges? (Filming for classwork on non-City property would not require a filming permit in any event.) • Does "personal use" or "personal device" need to be defined in the ordinance? For informational purposes staff has included in this packet the draft Film and Television Production Guidelines and Policy. This document will be included for adoption with the resolution setting fees. Page 3 of 4 7`, CITY OF ASHLAND Meanwhile, City and Parks staffs are working together to streamline the permit application process for applicants who want to film in City parks. FISCAL IMPLICATIONS: The proposed changes to the ordinance do not have a fiscal impact on the City. STAFF RECOMMENDATION AND REQUESTED ACTION: Staffs recommends Council move the ordinance to second reading and provide direction for any changes to be made. SUGGESTED MOTIONS: I move approval of first reading by title only of an ordinance titled, "An ordinance Repealing AMC Chapter 6.36 Film and Television Productions and Enacting Replacement AMC Chapter 6.36 Film Productions". ATTACHMENTS: • Draft Film and Television Production Ordinance • Draft Film and Television Production Guidelines and Policy • Input from Alan Sandler • Input from Erik Palmer • Draft instructions for SOU student films Page 4 of 4 ME ORDINANCE NO. AN ORDINANCE REPEALING AMC CHAPTER 6.36 FILM AND TELEVISION PRODUCTIONS AND ENACTING REPLACEMENT AMC CHAPTER 6.36 FILM PRODUCTIONS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throu and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City has for many years regulated commercial film and television production to ensure the safety of the participants, spectators, and general public and to minimize disruption of public services and inconvenience to Ashland Citizens, businesses, and visitors. WHEREAS, updating and clarification of the City's existing ordinances and guidelines concerning film production activities to take into account new technologies and current film production practices and technologies should make it easier for film producers to make decisions about activities in Ashland and also better to protect the interests of Ashland residents. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.36 Film and Television Productions is hereby repealed in its entirety. SECTION 2. A replacement Chapter 6.36 Film Productions is hereby enacted to read as follows: SECTION 6.36.010 Definitions For purposes of this Chapter, the following definitions shall apply to the following: A. "Film production" and "Filming" mean any activities pertaining to staging or shooting motion pictures, broadcast shows or programs, advertisements, and commercial still photography, in any medium, including film, tape or digital format. B. "Filming for Charitable Purposes" means film production for a nonprofit organization that qualifies as a charitable organization under Section 501(c)(3) of the Internal Revenue Code or a public benefit corporation or religious corporation under ORS 65.001 to 65.067 or which is an unincorporated association, provided Ordinance No. , Page 1 of 6 no profit is derived from the filming, either directly or indirectly, by any individual. C. "Filming for News Purposes" means filming for news reporting or documenting public events. D. "Personal Filming" means filming for personal use by means of a personal device. E. "Filming in studios" means filming at a fixed place of business where film production is regularly conducted on the premises. F. "Filming for Classwork" means filming for purposes of an instructional class, including student, noncommercial or teaching productions. G. "Special Event" means a film production activity that requires the involvement of multiple City departments. SECTION 6.36.020 General Filming Regulations The following requirements apply to all filming activities, including those for which a filming permit is not required.-_ A. All filming activities must be conducted in full compliance with Ashland Municipal Code, specifically including Title 9 (Health and Sanitation) Title 10 (Public Peace, Morals and Safety) Title I I (Vehicles and Traffic) Title 15 Buildings and Constructions and Title 18 (Land Use). A-. B. Filming on Non-City Property: Filming on property not owned or controlled by the City must be preceded by permission or consent to use the property by the person who owns or controls it. B-.C. Damage: The film production must not threaten or result in damage or detriment to private or public property. G7D. Notification: All resident and merchants within a two hundred (200) feet radius of the film location must receive notice of filming at least forty-eight (48) hours prior to the first day of filming at that location, provided however, this notification requirement does not apply to filming in studios, filming for news purposes, and personal filming. D_.E. Cleanup: Any filming on City-owned property must be conducted in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used must be clean of trash and debris within four (4) hours after completion of filming at the scene and restored to the original condition. Any area damaged or disrupted by filming must be restored before conclusion of filming-related activities on the site. If the site is not cleaned, repaired and restored to the City's satisfaction, the City Administrator will have the necessary work performed and charge the cost of the necessary work to the persons responsible. E-F. Impacts to City Operations.: The filming must not unduly interfere with normal governmental or City operations. F;-G. Fire Hazard: The filming must not result in an increased fire hazard, and all proper safety precautions must be taken. C H. Police: The filming must not require the diversion of so great a number of City police officers as to interfere with normal police protection of other areas in the City. Ordinance No. _ Page 2 of 6 ICI. Schedule Conflicts: The filming must not interfere with a previously scheduled event. LJ_Traffic Control: 1) No residential streets may be completely closed to traffic. 2) For filming that will impair traffic flow, persons responsible for the filming activities must use certified flaggers or local law enforcement personnel and comply with all traffic control requirements deemed necessary. 3) The persons responsible for the filming activities must furnish and install advance warning signs and any other traffic control devices in conformance with the Oregon Temporary Traffic Control Handbook, State of Oregon Department of Transportation. All appropriate safety precautions must be taken. 4) Traffic may be restricted to one 12-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City Administrator, based on location and time of day. 5) If the filming activities include parking for an extended time of equipment, trucks, and/or cars at sites where parking is typically not permitted, temporary "No Parking" signs must be posted. 6) Any emergency roadwork or construction by the Oregon Department of Transportation or by the City of Ashland, and/or private contractors, under permit or contract to the City, shall have priority over filming activities. 7) In order to assure the safety of citizens, roads that serve as emergency service roads must never be blocked. 8) No relocation, alteration, or moving of signage or structures is permitted without prior written approval from the Public Works Department. J.K. Parking Lots: When parking in a parking lot, those responsible for the film production may be billed according to the current rate schedule established by the parking lot owner. ISL. Sidewalk Obstructions: Film activities may not inhibit pedestrian access on sidewalks. Stringing cable across sidewalks, or from generator to service point requires prior written approval from the Public Works Department. L_. M. Sanitary Facilities: A portable toilet facility must be provided at any filming site for each twenty-five (25) persons or fraction thereof working there, unless fewer than ten (10) persons will be working at the the filming site or unless the filming site is less than five hundred (500) feet from a public or private toilet facility open during the filming and available to those working at the site. MN. Fees (Other than Filming Permit Fees): Whether or not a filming permit fee is required pursuant to Section 6.36.040, persons responsible for filming must pay any other applicable fees, including Special Service fees, established by resolution for use of City facilities in filming and for City services deemed by the City Administrator to be necessary for ensuring the safety of filming participants and the general public and compliance with the Ashland Municipal Code. The estimated actual costs of providing City services for which no fee has been previously set by resolution may also be charged. SECTION 6.36.030 Required Permits Application Ordinance No. Page 3 of 6 A. Except as provided in 6.36.030D and F, no person shall use any City-owned property for filming without first applying for and receiving a filming permit from the City Administrator or a designee. Issuance of a filming permit does not alter the requirement in Ashland Municipal Code Section 6.04 for a general business license in order to conduct any business in Ashland and does not alter any other requirements for City approvals. B. Any person conducting filming that requires a permit under the provisions of this Chapter must submit an application on the appropriate form provided by the City Administrator or a designee. Such application shall be submitted at least ten (10) working days prior to the date the applicant seeks to conduct any filming activity for which a permit is required. If such activity requires a Special Event permit, and the application is submitted fewer than four (4) weeks in advance of the planned filming date, the applicant must pay the established rush fee. C. The City Administrator may waive the requirement that an application be filed ten (10) days in advance when, in the opinion of the City Administrator, neither the City nor the general public will be inconvenienced or harmed by such waiver. D. The following filming activities are exempt from the requirement to have a City permit for filming, provided the filming does not disrupt legal activities on either public or private property; does not substantially obstruct public rights of way or parking sites; and does not result in substantial safety, noise or crowd control problems; and a t a full eeffiplianee with n shlan`1 Mtinieipall -ode , M 1 and c f 4 Title 11 07°1';1°" an T«.,f e), ~ Title 15 (Bu l`inns and '1 • anst«,,e fien) n Title 19 (hand Use).: 1) Filming for News Purposes 2) Personal Filming 3) Filming for Charitable Purposes 4) Filming on private property or on state, federal or Ashland School District property 5) Filming in studios E. The City Administrator will issue a filming permit when, from a consideration of the application and from such other information as may be otherwise obtained, it is found that the requirements in Sections 6.36.020, .040 and .050 will be met. F. The requirement for a City permit for filming that is not expressly exempted under Section 6.36.020D may nevertheless be waived if, in the judgment of the City Administrator, the filming activities will not disrupt legal activities on public or private property; will not substantially obstruct public rights of way or parking sites; and will not result in substantial safety, noise or crowd control problems, and will b a t '1 full , plia ee with Ashland Aa,,nieip'1 Code-, .rte. speeifieally ineluding Title 9 ( Health afld Sanitation), Title 10 (Publie , dings a 1 M 1 and S fky), 1 Title 11 (~7ehieles an T,•af e), ~ ~L,,.. T:tle 1 5 (Btti.,....b., Constfeefien), and Title 19 (r aii Use) G. No changes in the date for which the filming permit has been issued shall be made without first obtaining approval of the City Administrator, and compliance with the established time limitation. Ordinance No. Page 4 of 6 H. The decision of the City Administrator to issue, conditionally issue, not issue or waive the requirement for a filming permit shall be final unless appealed in writing within five (5) working days of the decision, by requesting a hearing before the City Council at the next available meeting. SECTION 6.36.040 Insurance and Indemnification A. Before a filming permit is issued, the applicant must submit a certificate of insurance satisfactory to the City showing the City of Ashland, its officers, employees and agents as additional insureds under insurance for an amount deemed by the City to be sufficient to provide coverage for possible liability to third parties for personal injuries, wrongful death, and property damage. B. Waiver of Liability Insurance: The liability insurance required in subsection A above may be waived if, in the judgment of the City Administrator, the impacts of the planned filming activities in terms of traffic, noise, parking, crowd control and disruption to or obstruction of public rights of way will be minimal and the City's risk of liability is deemed minimal. C. Workers Compensation: The holder of a filming permit must conform to all applicable legal requirements for workers compensation insurance for all persons operating under the permit. D. Indemnification: Before a filming permit is issued, the applicant must execute an agreement acceptable to the City holding the City, its officers, employees and agents harmless from damages, costs and expenses arising out of or incident to the filming activities. SECTION 6.36.050 Filming Permit Fees A. Each application for a filming permit shall be accompanied by a standard fee, as established by resolution of the City Council. Filming for Classwork that occurs on City-owned property, however, is exempt from payment of this standard fee. B. Filming activities requiring a permit may be exempted from the requirement in Section 6.3 to pay the standard filming permit fee if, in the judgment of the City Administrator, the filming activities will not disrupt legal activities on public or private property; will not substantially obstruct public rights of way or parking sites; and will not result in substantial safety, noise or crowd control problems; and 11 1, een cict° l eamplianee ~ with Ashland Munro'€"Y-4 Code, sPeeifieally il}EltAing Title n ( Health an Sanit ian) Title 10 (D„b,lie Peaee, 1 1 a Safety), Title 11 (Vehi l° n T-fa f e) Title 15 (Buildings and Genstfuetion), and Title 18 (hand Use)., SECTION 6.36.060 Violations A. Violation of AMC 6.36.030 (Permit Required] shall be considered a Class I violation, subject to the limitations of AMC 1.08. B. Any violation of the requirements of this Chapter not addressed in A aboveshall be a Class III violation as defined by AMC 1.08 and punishable as set forth in that section and may also result in revocation of the permit and, upon approval by the City Council disqualification from filming in Ashland for up to one (1) year.. Ordinance No. Page 5 of 6 SECTION 3. Savings. Notwithstanding this enactment of this ordinance, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections Numbers 2-4 of this ordinance) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2014, and duly PASSED and ADOPTED this day of 12014. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2014. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 6 of 6 CITY OF -ASH LAN D DRAFT Film and Television Production Guidelines and Policies September 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: 1. Is another event scheduled for the same day? 2. Is injury to persons or damage to property a realistic possibility? 3. Will production activities substantially interfere with the safe and orderly movement of pedestrians, cyclists and vehicular traffic? 4. Is the proposed location adequate for the size and nature of the production activities? 5. What extent will City equipment, staff and services be required? 6. Have insurance and indemnification requirements been met? 7. Have all other City permit requirements been met? 8. Have all required ODOT and/or Jackson County permits been secured? B. Exemptions from Film Permit 1. Filming for News purposes 2. Personal film or video produced solely for private, family use 3. Filming in studios 4. Charitable Films if no profit is derived from the filming either directly or indirectly by any party 5. Non-commercial film or video production that is contained entirely on state, federal or Ashland School District property 6. 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 7. Private property filming. Note: while exempt from securing a permit, film makers are required to notify neighboring properties and the City using the City form included in the packet C. Permit Waiver A film or television production may be exempted from permit 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 unlikely to be noticed by neighboring property owners or the public at large. II. Permit Fees A. 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. Film and Television Production Guidelines and Policies Page 2 of 5 Total large Number of Fee Discounted Fee Total cast (if submitted more than Downtown Core and crew vehicles production days in (if submitted less than 10 10 working days in Premium Ashland working days in advance) advance) 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 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 greater. 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. B. Fee Waiver. A film or television production or still photography may be exempted from permit fees and other 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 unlikely to be noticed by neighboring property owners or the public art large. C. 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. D. 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. II. Additional Permit Requirements A. Insurance and Indemnification. 1. 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 Film and Television Production Guidelines and Policies Page 3 of 5 certificate must also name the City as an additional insured. A copy of the certificate must be submitted with the completed film permit application. 2. The Oregon Department of Transportation (ODOT) also requires a Certificate of Insurance if the filming occurs on ODOT right-of-way. 3. 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. 4. All applicants and or persons, businesses, companies working under contract must conform [add per Sandler] to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. B. Liability Insurance Waiver. Film and video productions and still photography 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. C. 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. 1. City provided notification forms 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. 2. City provided notification forms to residents may be left at the front door of the property but not in the mailbox of the residence. D. 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. E. 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. F. 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. Film and Television Production Guidelines and Policies Page 4 of 5 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: 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 541-488-5307 license Ashland Fire & Rescue 541-482-2770 Will filming include tents, canopies, Ashland Fire & Rescue 541-482-2770 Fire booths, cooking, pyrotechnics etc.? Does our 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, East Main, Lithia Way, Transportation 541-774-6360 Siskiyou Blvd.) or on Highway 66 (e.g. Ashland Street)? Jackson County 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. Neighbor notification form 4. Indemnity Agreement 5. Copy of Ashland Municipal Code Chapter 6.36 regarding Motion Picture and Television Productions 6. Resolution setting fees Film and Television Production Guidelines and Policies Page 5 of 5 CITY OF ASHLAND DRAFT Film and Television Production Guidelines and Policies September 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 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. Film and Television Production Guidelines and Policies Page I of 6 a. 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 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: M 1- 0- M 1. Is another event scheduled for the same day? 2. Is injury to persons or damage to property a realistic possibility? 3. Will production activities substantially interfere with the safe and orderly movement of pedestrians, cyclists and vehicular traffic? 4. Is the proposed location adequate for the size and nature of the production activities? 5. What extent will City equipment, staff and services be required? 6. Have insurance and indernnification requirements been met? 7. Have all other City permit requirements been met? 8. Have all required ODOT and/or Jackson County permits been secured? B. Exemptions from Film Permit 1. News Media 2. Personal film or video produced solely for private, family use 3. Studio 4. Charitable Films 5. Non-commercial film or video production that is contained entirely on state, federal or Ashland School District property 6. 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 7. Private property filming. Note: while exempt from securing a permit, film makers are required to notify neighboring properties and the City using the City form included in the packet (#2 through 6 excluding # 3 need to show some sort of insurance to protect the city from liability. #7 does need to state that when using private property the production company must obey all ordinances as the owner of the private Film and Television Production Guidelines and Policies Page 2 of 6 property needs to be responsibility for such as sound levels, lighting ordinances that shine off the property to other homes and tho public areas and etc. a. C. Permit Waiver A film or television production may be exempted from permit 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 unlikely to be noticed by neighboring property owners or the public at large. II. Permit Fees A. 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. T Tot it large Number of Fee Djscounled 1ec Total r<ist (iCsubmiUed more tha❑ Downtov,,n Core chides prixluction days in (if suhmitte(I less than 10 and crc~~ 10 working dav_ s iii Premiam Aslilaild working days in advance) advancc) 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 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 greater. 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. B. Fee Waiver. A film or television production or still photography may be exempted from permit fees and other 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 unlikely to be noticed by neighboring property owners or the public art large. C. 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 Film and Television Production Guidelines and Policies Page 3 of 6 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. D. 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. II. Additional Permit Requirements A. Insurance and Indemnification. 1. 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. 2. The Oregon Department of Transportation (ODOT) also requires a Certificate of Insurance if the filming occurs on ODOT right-of-way. 3. 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. 4. All applicants must conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. B. Liability Insurance Waiver. Film and video productions and still photography 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. C. 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-_ Film and Television Production Guidelines and Policies Page 4 of 6 1. City provided notification forms 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. 2. City provided notification forms to residents may be left at the front door of the property but not in the mailbox of the residence. D. 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. E. 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. F. 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: Contact Phone Possible Permit Film and Television Production Guidelines and Policies Page 5 of 6 Questions 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 541-488-5307 license Ashland Fire & Rescue 541-482-2770 Will filming include tents, canopies, Ashland Fire & Rescue 541-482-2770 Fire booths, cooking, pyrotechnics etc.? Does our 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, East Main, Lithia Way, Transportation 541-774-6360 Siskiyou Blvd.) or on Highway 66 (e.g. Ashland Street)? Jackson County Roads 541-774-8184 Do you need reserved parking, street or Public Works 541-488-5857 sidewalk closures? Included in this packet: I. Business License Application 2. Film Permit Application 3. Neighbor notification form 4. Indemnity Agreement 5. Copy of Ashland Municipal Code Chapter 6.36 regarding Motion Picture and Television Productions 6. Resolution setting fees Film and Television Production Guidelines and Policies Page 6 of 6 Email from Erik Palmer, SOU August 8, 2014 Dear Councilors, My prior email on the topic of the new film ordinance prompted helpful responses from Ann Seltzer and councilors Voisin, Marsh and Morris, and I look forward to continuing the conversation as the city moves toward adoption in September. Meanwhile, I had the opportunity to spend some time with Shelley Midthun today, and she provided me with another helpful insight for the city's consideration. Shelley is the Film & Television coordinator for the City of Portland via the Portland Development Commission, and serves with me on the board of Oregon Story Board. Her key insight is that Portland is not interested in permitting any fully hand-held production, and only starts to become interested for those productions that will put equipment such as tripods or light stands on the ground on public property. At SOU, we have just hired a new faculty member in Film & Television production. He is coming to us from the University of Central Florida in Orlando, and said that he has undertaken low-impact productions under a similar restriction there. That seems to me like another reasonable way to assess impact without undue bureaucratic burden for either producers or the city. The faculty and staff at SOU remain available to help the city right-size this ordinance, and we thank you for your attention. Best wishes, ep On Fri, Aug 8, 2014 at 10:54 AM, Erik Palmer <palmereasou.edu> wrote: Dear Ann, Thank you very kindly for reaching out to the faculty and staff at SOU regarding Ashland's proposed media production ordinance. Since we first heard about the ordinance in February, we have had extensive internal conversation and long email threads about this topic, with participants including Provost Susan Walsh, Associate Provost Jody Waters, faculty colleagues Howard Schreiber and Robert Clift, and Digital Media Center staff Brandon Givens, Charles Douglas and Joe Brett. Our general consensus is that these revisions seem well conceived for larger professional productions, such as those typically undertaken by Gary Kout and Anne Lundgren. But they needlessly impact smaller productions of all kinds, including most photo and video productions undertaken by SOU students. Since the first draft, new revisions to the ordinance have properly exempted productions on our campus, and have established an option for the city administrator to exempt low-impact productions. But, as written, the ordinance remains problematic for the way that it both creates bureaucracy for production activities that should be automatically exempted, and creates ambiguity where it should provide clarity. These are issues not just for SOU's academic activities, but also for low-impact productions of all kinds, created by a wide spectrum of Ashland's residents and visitors. Councilors including Marsh, Lemhouse and Morris have all been correct to thoughtfully interrogate the potential impact of this ordinance on everyday media production activities by citizens. Here is one example of how this regulation will almost certainly impact students and faculty at SOU: Twice a year, we teach VP215/EMDA202 - Digital Video Foundations. In Winter term, the course typically enrolls 80 students, each of whom must complete two short narrative videos during the ten-week term. The course fulfills a General Education requirement for all majors at SOU, and is popular among students in many majors. It serves as a required introduction for students who will go on to major in film, video and television production, but it has an equally large population of students who do not aspire to careers in professional filmmaking. Historically, nearly all students complete projects that entail off-campus shooting. As we read the proposed regulation, nearly all of those students will be obligated to submit paperwork to the city in order to gain a low-impact waiver. Is the city committed to the value of processing more than 100 applications arriving in a burst in late January and early February of every year? And another round in June, when we typically offer the same course during the short summer session? We have further concerns regarding the categories of production described in this ordinance. The ordinance implies a distinction between "private" production and production intended for "public" audiences, and it appears to presume that the City has an interest in regulating all public production. However, public production takes many forms that do not entail a commercial relationship between producer and client. These include "productions" made by citizens and posted on social media platforms, the production of video for educational purposes, and production by public access producers who are otherwise subsidized by the city's commitment to RVTV. As written, the regulation also seems likely to impact travel & tourism, where some visitors could technically be required to get prior review from the City Administrator and confirm that they are "low-impact" producers before creating photos and video that they intend to post online. The regulation also fails to provide clarity for journalists and documentary filmmakers. We might presume them to be covered by a journalism exemption inherited from the prior film ordinance. But it is not clear to us whether this regulation envisions that journalists and documentary filmmakers can exercise that exemption automatically, or will be expected to seek exemption from the City Administrator prior to any given day's shooting. We are also concerned about the level of community outreach on this topic. While we welcome this invitation to provide feedback, many other stakeholders in this ordinance do not appear to have had any meaningful visibility in the deliberation on the ordinance. These include media instructors with Ashland Schools or Ashland Art Center, public access media producers affiliated with RVTV, local journalists and documentary filmmakers, local wedding and portrait photographers, the Ashland Independent Film Festival, Oregon Shakespeare Festival, and representatives of local clients for photo and video productions. Gary Kout and Anne Lundgren are excellent resources to help guide the city on this topic within their area of expertise, but do not well represent the full scope of production activities that might be captured under the umbrella of this ordinance. Finally, the city does not appear to have fully considered issues of free speech, free assembly and private property ownership in its deliberation on this ordinance. A reasonable balance between the legitimate needs of city administration and these higher public values is to be expected, and the commercial speech envisioned as the target of this ordinance will properly have lower protection than other kinds of speech. But we have not yet seen clarity in the city's consideration on how commercial and non-commercial speech should be distinguished for the purpose of this ordinance. Meanwhile, there has yet been no conversation on a staff or council level regarding the implications of making the City Administrator the overseer of which productions may or may not be exempted, with wide authority to set criteria about impact, and no defined mechanism for review or appeal. In the end, we believe that this ordinance will prove to be unworkable and widely ignored by the citizens of Ashland. The city should be wary of taking an interest in regulating the day-to-day media production activities of citizens, and should write an ordinance that automatically exempts all low-impact productions, no matter their intended use. Based on the information we have available from staff presentations, the city's existing regulations appear to have been sufficient to mitigate most problem productions, and those practices of efficient response to actual impacts should continue. We thank you again for your interest in providing a clear, useful and usable ordinance for the citizens of Ashland, and look forward to any opportunity to help the city reach that goal. Best wishes, EP Erik Palmer, Ph.D. Assistant Professor of Convergent Media, Southern Oregon University Academic Coordinator, Southern Oregon Digital Media Center Associate Editor, Visual Communication Quarterly hftp,//www.erikpalmer.com Erik Palmer, Ph.D. Assistant Professor of Convergent Media, Southern Oregon University Academic Coordinator, Southern Oregon Digital Media Center Associate Editor, Visual Communication Quarterly htti)//www.erikpalmer.com September 8, 2014 DRAFT Outline for SOU Student filmmakers Information for Students Planning to Film Off Campus on Public Property City Permit The City of Ashland requires all film makers to secure a film permit when filming on city- owned property. However you maybe exempt from this requirement if upon review of your proposed film activity with your instructor the instructor determines that: a. You are not placing equipment on sidewalks b. You are not blocking pedestrians from walking through your "scene" or forcing pedestrians to step off the curb c. You are not using "weapons" real, fake or otherwise d. You are not interrupting vehicular traffic including the use of equipment, actors crossing streets, blocking parking spaces, blocking fire lanes and fire hydrants e. You are not violating the noise ordinance [site ord here] f. You do not require the closure of a city street, alley, sidewalk, parking spaces g. You are not filming in city parks h. You are not asking for exclusive use of a city park or a section(s) of a city park. i. You are not asking for exclusive use of a park facility j. You are not asking park visitor to move out of the way at any time k. You are not blocking park visitors from a pathway at any time 1. You are not using amplified sound or supplemental lighting in a city park in. You are not using open flames, candles, pyrotechnics, or any special effects n. You are not blocking building exits Letter from Instructor If your instructor determines that you will need to secure a City permit you must submit a permit application and a letter from your instructor. The letter must state your name, class number of program of study, and include a statement certifying that your project is strictly for non- commercial educational purposes. The letter must be signed by your instructor and dated within 30 days of your first proposed film activity. 1 Submit Permit Application To apply for a City film permit see www.ashland.or.us/studentfilm. The application and all required paperwork must be submitted at least ten days in advance. As you fill out your application, you will need to disclose, in detail, exactly what you wish to film. This includes contact information, the size of your cast and crew, the equipment that you plan to use along with specific information on each location(s) you wish to film at including the date(s), time(s), you wish to film, a detailed description of the scene(s) and any activity taking place as part of the filming. Permit Application Review Once your film permit application has been accepted we will contact you to go over your application. Because all film permit situations are unique, we may ask you to fulfill other requirements as a condition of permit release. These requirements could include, but are not limited to: • Notifying nearby residents and businesses of your filming plans • Meeting with concerned community members • Applying for additional permits (special effects, street closures etc.) • Organize a walk through for public safety personnel Please be advised that it may be necessary for you to adjust your proposed activities in order to address community concerns. Fees and Payments Generally film permit fees are waived for student productions; however, if the film activity requires additional permits such as a street closure, or public safety personnel, those fees are not waived. Payment of any fees are required prior to permit approval. Permit Approval Once the City has received all the necessary paperwork from you and other requirements met, The approved permit will be emailed to you or you can pick it up from City Hall. Keep Permit Available You are required to keep at least one copy of the approved permit with you on-location at all times and it should be made available for review to any City staff or public safety personnel. 2