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Home My WebLink About2015-0203 Council Agenda 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 February 3, 2015 Council Chambers 1175 E.' Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Executive Session of January 20, 2015 2. Business Meeting of January 20, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Presentation by SOU regarding public outreach and next steps for the co- generation project (Brad Christ - CIO, Southern Oregon University) 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. Resolution titled, "A resolution authorizing signatures, including facsimile signatures for banking services on behalf of the City of Ashland" 3. Liquor license application for Marlane Balcomb dba ABC Kitchen 3. Annual report from Rogue Valley Community Television 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 IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None X. UNFINISHED BUSINESS 1. Continued discussion of proposed ordinance updates XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution of the City Council approving an Oregon Department of Transportation request to the City of Ashland to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility located outside the city limits of Ashland and repealing Order No. 2011-June," and approval of an intergovernmental agreement with ODOT for the provision of water and sewer service to the Siskiyou Welcome Center and Rest Area. 2. First reading by title only of an ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36" 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 January 20, 2015 Page 1 of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 20, 2015 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, Seffinger, Rosenthal, and Marsh were present. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamations of January 21, 2015 as Kiwanis International Day and January as Child Trafficking Awareness Month were read aloud. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Public Arts, Transportation, Housing and Human Services, and Tree Commissions. City Recorder Barbara Christensen added applications for the new Bee City USA sub-committee were available on the Parks and Recreation website and the Commission Vacancies page on the City website. APPROVAL OF MINUTES The minutes of the Study Session of January 5, 2015 and Business Meeting of January 6, 2015 were approved as presented. PUBLIC FORUM (None) CONSENT AGENDA 1. Approval of minutes of boards, commissions or committees 2. Franchise agreement Hunter Communications 3. Approval of 2015 Council liaisons to boards, commissions, and committees 4. City Response to the USFS Ashland Trails Environmental Assessment 5. Agreement to allow the American Red Cross to use City buildings for emergency shelter Councilor Marsh pulled Consent Agenda item #4 for discussion. Parks & Recreation Director Michael Black explained Parks staff and Fire Chief John Karns reviewed the response to the USFS Ashland Trails Environmental Assessment. Chief Karns further explained the five areas of concern listed in the Council Communication was a compilation from the Fire Department, Parks staff, and the Ashland Forest Lands Commission. Councilor Rosenthal, Seffinger, and Voisin pulled Consent Agenda item #5 for discussion. Councilor Seffinger wanted the agreement allowing the American Red Cross to use City buildings for emergency shelter to include language that required Council approval for unconditional use exceeding 30 days following a manmade or natural disaster. Councilor Rosenthal noted other communities had experienced issues with extended long-term use by a government agency. City Administrator Dave Kanner clarified that the American Red Cross was willing to make any necessary changes and added the insurance level needed to be $2,000,000, not $1,000,000. Councilor Seffinger/Rosenthal m/s to change the terms of the American Red Cross Agreement to use Pioneer Hall, the Community Center, and the Grove as emergency centers and allow them to use the facilities for 30 days following a manmade or natural disaster, after which, the City Council would Regular City Council Meeting January 20, 2015 Page 2 of 6 need to approve and extend the occupancy beyond 30 days on a monthly basis, and increase the insurance to $2,000,000. DISCUSSION: Mr. Kanner explained the agreement could come back to Council for approval with changes or Council could make a motion authorizing Mr. Kanner to sign the agreement assuming the Red Cross accepted the amendments. Councilor Lemhouse/Marsh m/s to amend the motion to state that the City execute the agreement if the American Red Cross agreed to the terms as changed. Voice Vote: all AYES. Motion approved. Voice Vote on amended main motion: all AYES. Motion passed. Councilor Rosenthal/Morris m/s to approve Consent Agenda items #1 through #4. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Follow up report on AFN business plan Director of Information Technology and Electric Mark Holden provided background and requested Council give the City Administrator the authority to make decisions regarding product features, functions, availability, and restrictions and product pricing. Council needed to approve the Strategic Business Plan as well. Having the City Administrator make product and pricing decisions would help shield that information from the competition as much as possible. Publicly discussing strategic plans, tactical plans, product, and pricing put AFN at a disadvantage to the competition. City Administrator Dave Kanner explained the plan presented to Council in November laid out a general strategic direction for the enterprise with three options. Council rejected the option to keep it alive until the City could sell it, supported the option to increase internet bandwidth capacity and speed and market that aggressively, and deferred the third option to develop new products referred to as the Passive Optical Networks (PON) project. By approving the bandwidth option Council approved the strategic direction, and the now there were items in the plan Council did not get to see because staff was reluctant to bring it to a public meeting. Council needed to create a different governance structure where marketing and operational plans did not come back to public meetings for review due to competition. Council had already spent money on the initial phase of the strategic business plan. The next steps were developing a product line and pricing to match the internet project. Other municipal broadband utilities had local governments adopt ordinances that authorized the City Manager or City Administrator to determine products and pricing as long as they recovered costs. Councilor Rosenthal was uncomfortable making a decision on creating separate governance at this time. He took issue with comments in the Council Communication and during the meeting that if the Council did not approve the Strategic Business Plan that AFN would not go forward with the marketing, financial, and operational plans. He thought Council could vote on a general strategic direction but he was not sure he would support approving a strategic business plan where major components were not developed. Councilor Marsh thought the City Administrator said Council had approved the internet project and with that inherently approved the actions required to implement the project and that Council did not need to approve the Strategic Business Plan. By approving the project, the remaining items were management responsibilities. Mr. Kanner responded this was the fourth or fifth business plan since 1998. Approving this plan was a formality since Council already approved the internet project. Staff was in the process of implementing the project and would bring the PON project back the second year of the budget for approval. Regular City Council Meeting January 20, 2015 Page 3 of 6 Mr. Holden responded to Councilor Rosenthal's comments and clarified the plans were a routine part of business. The other plans listed in the Council Communication were envisioned as part of the business plan. Mr. Kanner explained Council could pull the internet capacity project from the Strategic Business Plan and vote on that without voting on the plan itself. Mr. Kanner and Mr. Holden could meet with Councilors outside of the meeting to discuss other plans. Staff did not want to vet plans in the public where the competition could see them and would make pricing public when the product launched. Council understood the need to develop competitive plans in a way that did not give away strategies to the competition. Council comment expressed concern allowing the City Administrator position to make decisions without Council discussion. Councilor Lemhouse/Marsh m/s to approve internet capacity project. Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh, YES. Motion approved. Councilor Lemhouse/Marsh m/s that Council provide temporary authority to the City Administrator to make final decisions regarding price and products offered until the Council determines the final form of governance for Ashland Fiber Network. DISCUSSION: Councilor Lemhouse agreed with Mr. Kanner. Council needed to determine whether AFN was a utility or competitive enterprise. It was not fair to have staff bring forward plans while Council decided. He was not completely comfortable with the City Administrator setting pricing without Council approval and was willing to have an intermediary step. Councilor Marsh supported the motion. Council had struggled on how to move forward with AFN and allow it to have the qualities important to competing. Councilor Rosenthal was uncomfortable with the argument of having to go through Council approval was a weakness in the process and wanted a deadline associated with the City Administrator having this authority. Councilor Rosenthal/Lemhouse m/s to amend motion to reflect an expiration date of 12/31/2015 for authorization of City Administrator to determine strategic product pricing. DISCUSSION: Councilor Lemhouse supported having a sunset date. Councilor Morris would not support the amendment. The expiration date at the end of the year might not be enough lime to determine whether a product line and promotional program or giving the City Administrator the authority made a difference in market share. Councilor Marsh commented Council could renew the sunset date at the end of the year if needed. Councilor Morris preferred two or more years and would vote against the amendment. Mayor Stromberg noted a previous discussion he had with Councilor Marsh on giving the City Administrator authority and suggested if that happened, the City Administrator and Director of IT/Electric meet with the Mayor and Council Chair for monthly updates regarding AFN. Roll Call Vote: Councilor Lemhouse, Seffinger, Rosenthal, and Marsh, YES; Councilor Voisin and Morris, NO. Motion passed 4-2. Councilor Lemhouse/Rosenthal m/s to amend the motion and have the Mayor and Council Chair meet regularly with the City Administrator to discuss product definition and pricing and outcomes of the AFN strategy. DISCUSSION: Councilor Lemhouse noted that Council wanted to maintain a level of knowledge and transparency and try to move forward in a business like fashion that was best for AFN. This level of oversight would snake the Council and community feel better. Councilor Rosenthal concurred. Councilor Voisin motioned to include the Director of IT in conversations along with the City Administrator. Motion died for lack of a second. Continued discussion on amendment: Councilor Lemhouse clarified the intent of the motion included the City Administrator and any staff he chose from the IT Director to the Director of Finance. Mr. Kanner was comfortable discussing city operations with Council at any time. For the monthly meetings, he suggested the Mayor and Council Chair focus on what policy level decisions Council could make to support the management decisions instead of the role of a management oversight committee. Mayor Stromberg compared their roles in the meetings to Council's role during the TAP project, connected without Regular City Council Meeting January 20, 2015 Page 4 of 6 participating in the decisions. Councilor Lemhouse further clarified the meetings were a way for Council to feel comfortable doing something new. It would also give the community the correct perception AFN was trying to enter into a competitive business structure but also maintain as much transparency at the same time. Roll Call Vote: Councilor Lemhouse, Seffinger, Rosenthal, and Marsh, YES; Councilor Voisin and Morris, NO. Motion passed 4-2. Roll Call Vote on the amended main motion: Councilor Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES; Councilor Voisin, NO. Motion approved 5-1. NEW AND MISCELLANEOUS BUSINESS 1. 2014 Citizen Survey Results Management Analyst Ann Seltzer explained the survey captured residents' opinions on Community Characteristics, Governance, and Community Participation in safety, mobility, natural environment, built environment, economy, recreation and wellness, education and enrichment and community engagement. Out of the 1,200 surveys sent to random households, 397 responded resulting in a margin of error plus or minus 5%. Positive Community Characteristics responses ranked Ashland to national benchmarks for areas of safety, mobility, built environment, economy, and community engagement with higher than national benchmarks for natural environment, recreation and wellness, and education enrichment. Ratings below the national benchmark included public parking, availability and variety of housing options, cost of living, and employment opportunities. Responses to areas of Governance were also positive, and similar to the national benchmarks with the exception of snow removal. Economic development received the lowest rating yet was in line with national benchmarks. Community participation responses were higher than national benchmarks. Ms. Seltzer reviewed responses to four special interest questions. Overall, ratings for Ashland were stable and similar to 2012. Economy was important to residents who thought the City should focus on that area over the next two years. Other areas of concern included public parking, affordable housing, employment opportunities, and economic development. City Administrator Dave Kanner shared 57% of the respondents not only lived but also worked in Ashland. People who had lived in Ashland five years or less gave lower rankings to city service and satisfaction with the general community than people who had lived here for a longer period. Council would discuss the economic development strategy during a Study Session in March. Council commented on the high ratings for satisfaction with city government, parks, and recreation programs. Areas of concern were more of a confirmation than a surprise. Other comments wanted to see questions designed specifically for Ashland with the Southern Oregon University Research Center conducting the survey. 2. Appointment to Audit Committee - Mayor/Council liaison Councilor Voisin/Morris m/s to appoint Councilor Rosenthal as the liaison to the Audit Committee with a term ending 12/31/2015. Voice Vote: all AYES. Motion passed. 3. Council consideration of changes to department head compensation City Administrator Dave Kanner explained staff did salary comparisons with other jurisdictions similar in size to Ashland and jurisdictions that related in scope. Ashland was competitive with salaries to similar sized jurisdictions and not competitive with jurisdictions with similar complexities. Staff looked at non-salary compensation that included increasing HRA Veba, and housing allowance. It was against federal law to Regular City Council Meeting January 20, 2015 Page 5 of 6 increase HRA Veba for a small group and not the whole and housing stipends equated to a salary increase. Increasing contributions to existing 457 plans was not an option because almost all department heads were at maximum contribution levels. Staff proposed adding a two-step salary increase for the City Attorney, Human Resources Manager, and department heads, contributing to 401(a) retirement accounts, and increasing the amount and accrual of administrative leave. The City would build the increase into the budget and it would affect all funds, primarily in the second year of the biennium, cost $54,000 in salary and $14,000 in payroll rollups. With the exception of one department head, all others had topped out on salary. Council suggested having four-steps at 2.5% instead of two steps at 5%. Mr. Kanner explained bonuses were difficult to apply unless everyone received the same amount. Bonuses also created potential morale issues. Close to all department heads were eligible to retire but may not want to retire at this time. Staff would research if a bonus went towards retirement income. Council directed staff to come back with information on vacation accrual time. Councilor Rosenthal/Lemhouse m/s direct the City Administrator to adjust the City's wage scale for all City Department Heads, as well as the City Attorney and Human Resources Manager, by adding four steps to the existing salary range in 2.5% intervals. DISCUSSION: Councilor Rosenthal commented it was important for the City to position itself as competitively as possible to attract a skilled candidate pool. Adding four steps was reasonable. He also felt that the City Recorder's position should be included in this process. This was an investment to attract the best and brightest to Ashland. Councilor Lemhouse added compaction was an issue and the City needed a motive for people to enter management. As department heads retired, overall salary would decrease with replacement hires starting at a lower salary range. Additionally, this was a plan that could change if the economy took another downward turn. Councilor Voisin agreed department head salaries should increase but would not support the motion. A compensation study should happen first and the salary increase should include the lowest paid employees, secretaries in the City who happened to be mostly women. Councilor Marsh thought adjusting the salary ranges would send a message to perspective candidates. The City was looking for excellent candidates, and wanted new hires to stay. Councilor Seffinger thought leadership had shown a great deal of innovation that came from investing and appreciating department heads. The leadership they supplied the City was invaluable. It made sense to try to continue to get the best possible people. Roll Call Vote: Councilor Rosenthal, Marsh, Morris, Seffinger, and Lemhouse, YES; Councilor Voisin, NO. Motion approved 5- 1. Mr. Kanner would provide Council with a comparison of vacation accruals to other jurisdictions, and information on which jurisdictions offered 401(a) and at what level. Councilor Lemhouse addressed the City Recorder's salary noting some considered the City Recorder a department head. Councilor Voisin raised a point of clarification asking the City Attorney to explain how the City Recorder's salary was set up. Councilor Lemhouse deferred the point of clarification to the end of his discussion and continued. The City Recorder was an elected position with salary set by the City Charter. He thought this was an appropriate time to discuss possible changes to the City Recorder's salary, restructuring the position, and sending it out to the voters in the future. City Attorney Lohman read from the City Charter that the salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supervisory employees and department Regular City Council Meeting January 20, 2015 Page 6 of 6 heads of the City of Ashland." Mr. Kanner further explained when Council raised department head salaries they also raised the City Recorder and the Municipal Judge's salaries. Mr. Lohman noted there was some ambiguity regarding supervisory employees. Staff looked at all the management positions in the City, what they received as pay raises including COLA and step increases, averaged it, and made that average the pay increase for the Judge and Recorder. City Recorder Barbara Christensen clarified in the past the percentage was based on seven employees and now it was close to thirty employees, which makes the increase percentage to her position and the Judge's less. The fonnula had changed over the years, especially with the compensation study when more individuals became supervisors. Mr. Lohman agreed it was complex. Councilor Lemhouse suggested a Study Session to discuss potentially restructuring the pay of the City Recorder, what would it look like, and decide if this should lead to restructuring the position. Council agreed. Councilor Voisin wanted Council to consider discussing a compensation study during a Study Session as well. ORDINANCES. RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Seffinger explained she was a member of the Senior Advisory Board and would make informal reports regarding the Board to Council. An article in the Ashland Daily Tidings represented itself as a fictional report but made derogatory comments about the Senior Center that were untrue. The Senior Center Director responded to the paper regarding the article. The Board was interested in having senior issues represented when considering planning and AARP's age friendly communities, something she wanted discussed at a future Study Session. Councilor Rosenthal noted Ashland was named the number one town to live and work as a moviemaker for 2015 by Moviemaker magazine. He congratulated the local film and media industry. Councilor Marsh invited the community to attend the State of the City event Tuesday, January 27, 5:30 p.m. at the Community Center. Councilor Lemhouse thanked everyone involved with the Martin Luther King Jr. event. It was successful and well done. Mr. Kanner distributed an updated Look Ahead and briefly reviewed items. He went on to explain municipal utilities statewide were looking into requesting the legislature amend the new marijuana law to allow municipal utilities and public utility districts to impose an electrical charge on commercial indoor marijuana growing operations. Council supported the idea. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF -ASHLAND Council Communication February 3, 2015, Business Meeting Resolution Authorizing Signatures, Including Facsimile Signatures, for Banking Services on Behalf of the City of Ashland FROM: Barbara Christensen, City Recorder, christeb e,ashland.or.us SUMMARY Resolution that authorizes approved signatures on the City of Ashland and Parks & Recreation bank accounts with Bank of America. BACKGROUND AND POLICY IMPLICATIONS: All banking institutions require that new authorization forms be filed with the bank when individuals are approved to sign checks. This resolution authorizes the following individuals as approved signers on the City of Ashland and Parks and Recreation bank account with Bank of America: John Stromberg, Mayor; Barbara Christensen, City Recorder; D.L. Tuneberg, Finance Director, Dave Kanner, City Administrator and Mike Gardiner, Park Commissioner. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Approve Resolution SUGGESTED MOTION: I move to approve Resolution authorizing signatures for banking services on behalf of the City of Ashland. ATTACHMENTS: Resolution Page 1 of 1 ~r, RESOLUTION NO. 2015- A RESOLUTION AUTHORIZING SIGNATURES, INCLUDING FACSIMILE SIGNATURES, FOR BANKING SERVICES ON BEHALF OF THE CITY OF ASHLAND THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following persons are authorized to sign on behalf of the city, orders for payment or withdrawal of money: John Stromberg, Mayor, and Barbara Christensen, Recorder/Treasurer; or in their absence, D. L. Tune berg, Director of Finance and Administrative Services Director and Dave Kanner, City Administrator. Park Commissioner Mike Gardiner is an authorized signature to the Parks Commission bank accounts. Such authority shall remain in force until revoked by written notice to the affected bank of the action taken by the council of the City of Ashland. All prior authorizations are superseded. SECTION 2. Any designated depository ("Bank") of the City of Ashland is authorized and directed to honor and pay any checks, drafts, or other orders for the payment of money withdrawing funds from any account of the city when bearing or purporting to bear the facsimile signatures of the persons listed in Section One of this resolution whether such facsimile signatures are made by stamp, machine, or other mechanical device. The Bank is authorized and directed to honor and to charge the city for such checks, drafts, or other orders for the payment of money, regardless of how or by whom such actual or purported facsimile signatures were made, provided they resemble the facsimile signatures duly certified to and filed with the Bank by the city recorder or other officer of the city. SECTION 3. This resolution was duly PASSED and ADOPTED this day of , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of February 2015. John Stromberg, Mayor Reviewed as to form: Dave Lohman, City Attorney Resolution No. 2015- Page 1 of 1 CITY OF -ASHLAND Council Communication February 3, 2015, Business Meeting Liquor License Application for Marlane Balcomb dba ABC Kitchen FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a liquor license application from Marlane Balcomb dba ABC Kitchen at 300 E Hersey 12C. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - catering only. 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 OI.CC proceed with the processing of this application. SUGGESTED MOTION: Under consent agenda item, a motion to approve liquor license for Marlane Balcomb dba ABC Kitchen. ATTACHMENTS: Liquor License Application Page 1 of 1 OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: 19 Full On-Premises.Sales ($402.60/yr) Change Ownership © Commercial Establishment New Outlet The City Council or County Commission: {Caterer _Greater Privilege Passenger Carrier Additional Privilege (name of city or county) Other Public Location 0 Other recommends that this license be: El Private Club ® Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied Apff-Premises Sales ($100/yr) By: []with Fuel Pumps (signature) (date) Brewery Public House ($252.60) Name: ® Winery ($250/yr) Other: Title: 90-DAY AUTHORITY Check here if you are applying for a change of ownership at a business OLCC US LY that has a current liquor license, or if you are applying for an Off-Premises Application Recd b : Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: r []Limited [I Corporation Limited Liability []Individuals Partnership Company 90-day authority: ❑ Yes No 1. Entity or Individuals applying for the license: (See SECTION 1 of the Guide] O ~at-Gth P I~G j{~ OO 2. Trade Name (dba): G CLIP n AB -1 J" 3. Business Location: A- s k)a i qCk 0 (number, street, rural route (cit1y))~ (county) (state) (ZIP code) 4. Business Mailing Address: 115 I f~ lm a n Cfu k > oad , ASh to hd. D R q752 D', (PO box, number, street, rural route) (cityyy (state) (ZIP code) 5. Business Numbers: 5q-1- 2-9 2 - Lt712 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? []Yes KNo 7. If yes to whom: rr Type of License: 8. Former Business Name: 9. Will you have a manager? []Yes ONo Name: (manager must fill out an Indivi ual Hist ry form) 10. What is the local governing body where your business is located? ~it 1 a Vt I (name of city or county) 11. Contact person for this application: maV la P1 e ~a I +6-~ ✓y) t3 5a '~2- (name) J (phone num er`s)) _ t 15 3 1 DI ~1 l~. e 2 • Ct 56') ~GVr1G( 10 /L a hcI&IC Ole I'1C A-fvi b1 (address) (fax number) (e-mail address) I understand that if my answers are not true and complete, the OLCC may deny my licensb Opliieatian: Applicant(s) Signature(s) d D te: ate-G Oa ~~7 o ` ri © Dat® 1 '46 6-' 1 1 1-800-452-OLCC (6522) • www.oregon.gov/olcc (rev. 08/2011) CITY OF ASHLAND Council Communication February 3, 2015, Business Meeting Annual Report from Rogue Valley Community Television FROM: Ann Seltzer, management analyst, seltzeragashland.or.us SUMMARY The City has an Agreement for Services with Southern Oregon University to operate Rogue Valley Community Television (RVTV). Included in the list of services required of RVTV is to provide an annual report to the City on RVTV's government and public access programming, workshops and training, revenue and capital and operating expenses. This report is for informational purposes and does not require action by the City Council. BACKGROUND AND POLICY IMPLICATIONS: RVTV operates under the umbrella of Southern Oregon University and has provided services to the City since the 1990's. COUNCIL GOALS SUPPORTED: 2. Promote effective citizen communication and engagement 2.3 Evaluate existing communication tools currently in use, such as: 2.3c RVTV FISCAL IMPLICATIONS: The current cost for RVTV services is $57,383 with a 3% increase each year. Of that amount approximately $48,000 is collected as PEG (public, education, government) fees paid by subscribers of cable television. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A. This item is for information only. SUGGESTED MOTIONS: N/A. This item is for information only. ATTACHMENTS: Annual Report from Rogue Valley Public Television 1 RVTV ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 ONGOING EVOLUTION AT RVTV Following the transformational year Rogue Valley Community Television experienced in 2012- 13, faculty, staff and students at Southern Oregon University have continued a pattern of constant change and improvement for the region's network of PEG television channels during our 2013-14 operating year. Among recent highlights, RVTV has: • Completed our move to new channels on Charter Cable in Ashland, Medford and Jackson County. In conjunction with the move, we executed a new visual design and rebrand for our channels, now including 9/180 - Prime, 14/181 - Civic, 15/182 - Voices and 183 - Grants Pass. Audiences can now observe the new channel IDs on our broadcast, web and social media channels and feeds. RVTV LRVTW RVTV =RVTV P R I M E C I V I C V 0 1 C E S GRANTS PASS • Continued our commitment to showing measurable growth in viewership on RVTV's proprietary Telvue video hosting platform, and also demonstrated impressive gains in social media engagement via Facebook, Twitter and other platforms (please see included summary). • Deployed a new server system for our cable and online feeds, which enables RVTV to carry High Definition video for broadcast (HD). The new server also enables enhanced features for on-screen IDs and informational tickers or screen crawls. Our institutional partners can deploy emergency updates, special programming alerts and weather or closure announcements in real-time without interrupting concurrent programming. We will be undertaking a test of this new feature during in December, 2014, and coordinating with Ashland city staff to establish procedures for broadcasting city notifications in 2015. RVTV's new broadcast ticker supports special notifications by the city, including holiday or emergency alerts Page 1 of 10 - Revised 23 December 2014 =RVTWV ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 • Partnered with Southern Oregon Public Television to co-produce all-original programming with local roots, including Jeff Golden's Immense Possibilities and SOU's The Jeffersonian (a student-made program of regionally inspired documentary journalism). • Expanded student involvement in multiple aspects of RVTV's operation, helping to train a growing number of media professionals for jobs with Rogue Valley employers. Among our student-driven activities this year, student employees created a new 3D Virtual Set for our production partners at Immense Possibilities, completed the graphic design for our new channel IN and website, and executed our 24-hour programming strategy for Channel 15/182 - Voices. • Launched a Public Access Advisory Board with seven regional citizens who are passionate about local public access programming. The PAAB has taken on a revision of our public access policies and procedures and helped to advocate for public access in the larger community. • Sustained the existing audio and video equipment in Ashland's council chambers, managing a variety of repairs and technical upgrades to the city's aging broadcast infrastructure. • Continued and expanded our legacy of service and collaboration with multiple partners and stakeholders in Ashland and Jackson County. In addition to our municipal partners with Jackson County and the cities of Ashland, Medford and Grants Pass these organizations include the Ashland Chamber, AARP-Oregon, Osher Lifelong Learning Institute, Medford Rogues, the Ashland Independent Film Festival, the League of Women Voters and the Rogue Valley Transportation District. These improvements in service have all happened in the context of unprecedented stress on SOU's campus community. Since RVTV's last annual report to our municipal partners, SOU has experienced turnover in our top three academic administrative positions, launched a process of retrenchment that will conclude with the release of tenured faculty from employment on our campus, weathered the breakup of the Oregon University System, and witnessed the nomination of a new governing board. Among the effects of these changes, incoming Associate Provost Jody Waters took the reins as the administrative lead for RVTV at SOU from Provost Susan Walsh on August 15, 2014. We look forward to continuing to serve the non-commercial public communication needs of the region as our parent institution emerges from these changes. GOVERNMENT PROGRAMMING As we have since 1995, RVTV continues to provide reliable gavel-to-gavel coverage of the city's official meetings and hearings, and to offer multiple reruns of meetings for the convenience of viewers. We also inaugurated our Telvue video hosting service in 2012, providing citizens 24/7 online access to archives of all recorded meetings. RVTV broadcast 132.5 hours of all-new content co-produced with the City of Ashland during the 2013-14 operating year. Page 2 of 10 - Revised 23 December 2014 RTV ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 RVTV has also upgraded our production support in the studio, and these features are available for the monthly Ashland Town Hall program, enabling enhanced video and green screen techniques. These technical enhancements provide more content options for the Mayor as he hosts the program. As requested by the city, we have recently deployed Google Analytics tracking for our video content, and that data will supplement the analytics we already collect from Telvue's internal tracking tool. PUBLIC ACCESS PROGRAMMING RVTV ignited a dramatic rejuvenation of its Public Access program in 2012-13, and that growth in citizen participation has continued throughout the 2013-1 A operating year, attracting new producers from across the Rogue Valley. This influx of new content has enabled RVTV to sustain a 2A/7 schedule of public access, student and public affairs programming on our Voices channel (15/182) since Oct. 1, 2013. Among the regional producers bringing compelling public affairs content to Voices: • Ginny Auer has created a regular program called Live Huge, which looks at people inspiring others in the area. • Kate Nixon has launched In Their Shoes, which documents the behind-the-scenes lives of local workers. • Denise Ross has covered a diverse set of topics in her topical documentaries, including Rogue Valley Habitat for Humanity and Rogue Valley Green & Solar Tour. • Craig Comstock's Like Wow has featured in-depth interviews with key figures from local institutions such as the Daily Tidings and the Ashland Art Center. Other Ashland-based producers that create premium content for public access include David Wilson of After Hours; Gary Mark Roberts of Anything Goes; Nancy Bloom of Life Passages; Britt Ivy of Passion; Rik Burns of Dialogues With Dad; Glen Paris-Stamm of Artist On Your Doorstep; and Joseph Kauth of Solutions To Homelessness. RVTVs public access programming showcases the creativity and public engagement of Ashland citizens. From top-left: climate change activist Jim McGinnis on Craig Comstock's Like Wowl; the Ashland City Band; w $ behind-the-scenes at OSF's costume department; and filmmaker Anne Lundgren on "UPENW-7-i Ginny Auer's Live Huge Page 3 of 10 - Revised 23 December 2014 RVW ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 Meanwhile, Public Access Coordinator Charles Douglas has shepherded the creation of a seven-person Public Access Advisory Board, with four members from Ashland. Meeting quarterly, this board has helped to launch RVTV's Underwriting program, update and strengthen our public access policy structure, promote more high quality content on RVTV's channels, and engage more people in the community. All public access programs are streamed on the web, and RVTV's public access producers have contributed an average of 72.91 hours a month in the 2013-14 operating year. Many of our locally produced programs are also submitted for online viewing via the Community Media Database at the non-profit Archive.org, garnering 55225 views since Jan. 1, 2013 (please visit http://archive.org/details/roguetv to see RVTV's presence there). WEBSITE In late 2014, RVTV relaunched its website at http://rvtv.sou.edu. Deployed in Wordpress, the new site provides high visibility to our live feeds and our municipal partners, while also enabling frequent blog updates. These updates provide greater visibility in Google's search algorithm, and therefore greater visibility for municipal programming highlighted in the blog. RVTV posts regularly on - Facebook, Twitter and YouTube These icons provide one-dick w 0 Q access to the online stream for •a <r, each of RVTV's channels an a GRAMS MCKw" Our municipal partners have Asau" PASS C"t1m +F maximum visibility on the site RVTV staff produce regular NUIZI.'^ blog updates showcasing }A ` premiere programming and important municipal hearings NEXT STEPS More changes are coming to RVTV and the DMC in 2013-2014: • With significant financial support from the President's Office, we have hired a second cohort of students to fill four PEAK positions at the DMC (Professional Experience, Achievement & Knowledge, http://www.sou.edu/careers/PEAK.shtml). These premiere employees will take an active and visible role in strengthening the capabilities at RVTV. Their work will directly impact the quality and online visibility of the City's content at RVTV over the next year. Page 4 of 10 - Revised 23 December 2014 RVTV ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 201314 • We have experimented with the local distribution of international news broadcast feeds such as those provided by France 24 and Deutsche Welt, and we are working on funding dedicated C-Band satellite equipment that will enable us to sustain the availability of independent, global perspectives for the citizens of Ashland and the Rogue Valley. • We will also pursue significant grant funding from further regional and national sources to support new public engagement initiatives in the Rogue Valley. We envision a collaborative effort among SOU, local governments, local media outlets and other stakeholders that will help grow the regional audience for public affairs content and help citizens become more involved in local issues. • In an additional area for which we seek grant funding, we are consulting with Oregon- based non-profit strategy firm Prichard Communications to develop a three-stage plan to create more robust long-term funding options for RVTV. Our preliminary plan is to collect additional data on our audience in the Rogue Valley, reach out to local and regional underwriting partners, and fund further growth in our ability to serve the larger community. In the area of improved technical capabilities, we hope to initiate a second phase of system upgrades to further enhance our content distribution: • We are researching the most cost-effective and reliable upgrades to allow for full HD cable distribution. Such an upgrade will require assistance from our government partners to require that level of service in the franchise agreements. • We hope to have our own ROKU channel (outside our placement in the peg.tv ROKU channel) to make accessing RVTV content even easier outside the traditional cable platform. • We hope to secure funding to upgrade our live field production capabilities. Ideal upgrades would allow for HD streaming from locations around the region, and allow for very rapid deployment of a live video feed in the field. Page 5 of 10 - Revised 23 December 2014 RVTV _ ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 CITY OF ASHLAND GOVERNMENT PROGRAMMING SUMMARY First Quarter July - September 2013 6 Ashland Cit Council Meetin s 16.2 3 Ashland City Planning Commission Meetings 6.8 3 Ashland Parks Commission Meetings 3.9 3 Ashland Town Hall Studio Shows 3 Second Quarter October - December 2013 6 Ashland City Council Meetings 17.6 3 Ashland Planning Commission Meetings 8.1 3 Ashland Parks Commission Meetin s 3.1 2 Ashland Town Hall Studio Shows 2 Quarter Third January - March 2014 6 Ashland City Council Meetings 14.9 4 Ashland City Planning Commission Meetings 11.3 3 Ashland Parks Commission Meetings 3.2 3 Ashland Town Hall Studio Shows 3 Fourth Quarter April - June 2014 8 Ashland City Council Meetings 22.5 3 Ashland City Planning Commission Meetings 8.6 3 Ashland Parks Commission Meetings A. I 2 Ashland Town Hall Studio Shows 2 1 Ashland Bud et Committee 2.2 TOTAL 132.5 Hours PUBLIC ACCESS PROGRAMMING SUMMARY Certification Workshops Studio Production (Six-Week Course) 4 Cohorts Field Production (Five-Week Course) 3 Cohorts Attendees from: Summer 13 Fall 13 Winter 14 Spring 14 Ashland 4 6 10 6 Medford 9 2 8 6 Grants Pass 0 6 3 1 Jackson County 3 2 8 5 Josephine County 1 0 0 0 Total New Students: 17 16 29 18 (80) Page 6 of 10 - Revised 23 December 2014 RVTV ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 Public Access Programs Broadcast In 2009 / 2010 Fiscal Year, Public Access Produced / Cablecast: Programs Aired Types of Productions New Programs: 762 Recorded Studio Productions: 123 Repeat Programs: 10,684 Live Studio Productions: 50 Total Programs: 11,446 Field Productions: 589 Total: 762 Sources of New Programs Ashland 293 Jackson County 39 Medford 89 Grants Pass 3 49 Josephine County Area/non-Producers 83 Outside Programming 206 Public Access Channel 151182 - Ashland Producers New Programs Submitted # Pro g. Aired Pro g. Hours First Quarter 256 102.1 Second Quarter 950 214.5 Third Quarter 1037 254.5 Fourth Quarter 1333 245.5 TOTAL 3576 816.6 Repeated Programming # Pro g. Aired Pro g. Hours First Quarter 380 160.3 Second Quarter 480 246.6 Third Quarter 559 274.4 Fourth Quarter 435 210.3 TOTAL 1854 891.6 RVTV also recorded seven (7) Ashland City Band Concerts in the Park programs, four (4) Warm-Up Band programs and the Ashland Festival of Lights Parade. Page 7 of 10 - Revised 23 December 2014 RM ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 ONLINE METRICS July 2012-June 2014 RVTV has grown our online following from zero to 681 in our first two years of activity on social media platforms: 800 700 600 500 - Twitter (C@RogueValleyTV) 400 300 - a Facebook 200 #E (RogueValleyCommunityTelev 100 t: ision) 0 ,oet eS e{ ~ }a Se4 5~4 ~o Since its launch as a Wordpress-based blog in November 2012, our website at http://rvtv.sou.edu has sustained a regular tempo of updates regarding content on our channels, and has develop a sustained audience of more than 2000 page impressions monthly. RVTV Website 4000 3500 3000 _ t 2500 2000 1500 WordPress Traffic 1000 ~ ~t t f t~ 500 Yf. f 0 ~~ti~ ,pe{ tee{ oa{~ a{~` ~a~ ~ti~ ,oe{ ,oe{ ~a{~ a{~` ~a~ o ~ Page 8 of 10 - Revised 23 December 2014 E RV't'~f ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 There were 48372 views of RVTV's government access and public access videos during the 2013-14 operating year. 6000 5000 4000 k~ 3000 Telview PEG Player - Hits 2000 Archive.org Views 1000' 3 0 ot e ~y~ roet ,o6 ,06 'p o~o~e ~~Geto Page 9 of 10 - Revised 23 December 2014 E RV7V ROGUE VALLEY COMMUNITY TELEVISION ANNUAL REPORT TO CITY OF ASHLAND, 2013-14 FISCAL SUMMARY - RVTV OPERATIONS IN ASHLAND INCOME BUDGETED ACTUAL RVTXGF $0 $0 RVTGAH (from General Fund) $90,520 $111,202 Other Reimbursements (RVTGAH) $5,925 $6,190 SUBTOTAL $96,445 $117,392 RVTGAH Income: Local Government Contracts $248,292 $252,662 Duplication Fees $800 $680 Programming & System Income $18,900 $25,993 Public Access Workshops $3,000 $3,759 Lease Income $20,259 $20,259 Other Income $700 $A,568 SUBTOTAL RVTGAH $291,951 $307,921 TOTAL INCOME $388,396 $A25,313 EXPENSES: PAYROLL Classified Staff $A9,8A8 $35,593 Fac. Staff $31,124 $32,361 Unclassified Staff $91,556 $87,356 Student Staff $18,000 $28,200 OPE Staff $102,005 $105,303 OPE Students $383 $819 Other $7,405 $11,797 TOTAL PAYROLL $300,322 $301,429 ALL OTHER EXPENSES Office / Administrative $4,300 $3,893 Equipment / Software $4,850 $3,332 Repairs / Contracts / Services $19,221 $16,632 Other Expenses $2,550 $4,931 Administrative Support/Assessment (SOU) $25,950 $28,92A Internal Bank Loans (Facility and Capital Purchases) $71,940 $153,041 Secrets of State / Chancelor $2,355 $1,719 TOTAL OTHER EXPENSES $131,166 $212,472 NET INCOME (LOSS) -$A3,092 -$88,588 Page 10 of 10 - Revised 23 December 2014 CITY OF -ASHLAND Council Communication February 3, 2015, Business Meeting A Resolution approving an ODOT request to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility and repealing Order 2011-June, and approval of an intergovernmental agreement with ODOT to provide water and sewer service to the Welcome Center and Rest Area FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY The City of Ashland in 2011 agreed to extend water and sewer service to the Siskiyou Welcome Center and Rest Area (SWCRA) project proposed by the Oregon Department of Transportation (ODOT) on a parcel of land next to Interstate 5, south of Crowson Road, just outside the City limits. The Council adopted an order, titled "Order 2011-June" by the City Recorder, that included a four-year time limit within which ODOT would have to complete the project in order to receive water and sewer service. Due to numerous land use appeals, ODOT has been unable to start construction and cannot possibly meet the four-year deadline. This resolution re-states the conditions of the original order but waives the four-year time limit, thus allowing ODOT to begin construction on the SWCRA. Council is also asked to authorize signature of an intergovernmental agreement regarding the provision of water and sewer service to the site. BACKGROUND AND POLICY IMPLICATIONS: In 2009, the Oregon Department of Transportation received land use approval from Jackson County for the development of a rest stop and welcome center on Interstate 5, just south of Crowson Road on Ashland's southern border, outside of the City limits. One of the conditions of approval imposed by the County required ODOT to connect to City of Ashland water and sewer services. In 2011, the Ashland City Council agreed to provide sewer services and water for domestic use, but not water for irrigation purposes. In addition to providing a rest area, the SWCRA project will provide a welcome center operated by Travel Oregon and a reporting station for the Oregon State Police. Heavy commercial trucks would be prohibited at the SWCRA and ODOT has constructed restroom facilities for the truckers at the weigh station four miles north on 1-5. When the City Council approved the provision of water and sewer services to the site in 2011 it found that "The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5." On June 21, 2011, the City Council adopted an order, Order 2011-June, that memorialized the City's approval and imposed a number of conditions on that approval. Among those conditions were the following: Page I of 3 IA, CITY OF ASHLAND 1. ODOT would obtain all required land use approvals prior to commencing construction. 2. ODOT would have all of the funding in place for construction of both the welcome center and the rest area, and would have a plan in place (with Travel Oregon) for operation the welcome center. 3. ODOT would use City water for domestic purposes only and would not use City water for irrigation purposes. 4. ODOT would complete construction within four years of the date of the order. 5. ODOT would enter into an intergovernmental agreement with the City for the use of the water. This IGA is would ensure that funding of construction and operation is in place. ODOT and City staff have drafted an intergovernmental agreement to address condition #5 above. That IGA is attached and Council approval is requested. The IGA requires ODOT to design and construct the water and sewer lines at its own expense and to take responsibility for any project costs beyond its estimate. It further obligates the state to pay 100% of all water and sewer service costs and to use City-supplied water for potable purposes only. As to the other conditions, ODOT now has all of its required land use approvals. A history of the land use actions related to this project, prepared by ODOT, is attached. ODOT has secured the funding necessary to complete construction and it has entered into an agreement with the Talent Irrigation District for irrigation water at the property. ODOT has entered into an agreement with the Oregon Tourism Commission for staffing the Welcome Center (attached). However, ODOT has not begun construction of the SWCRA and cannot possibly complete construction by June 21, 2015. As such, the agency has requested that the City waive the four-year deadline contained in Order 2011-June, thus allowing construction to begin this year. Although the City did not grant a development approval to the SWCRA per se, such an extension or waiver would be consistent with the City's practice regarding development in the City that receives approval and is then delayed due to circumstances beyond its control. The resolution presented to the Council restates the earlier conditions imposed by the City with the exception of the four-year deadline and repeals Order 2011-June in its entirety. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: All costs for extension of water and sewer services will be borne by ODOT. Revenue from the water and sewer charges to the SWCRA is not expected to be significant. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this resolution and further recommends approval of an intergovernmental agreement with ODOT. SUGGESTED MOTION: I move approval of a resolution titled, "A resolution of the City Council approving an Oregon Department of Transportation request to the City of Ashland to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility located outside the city limits of Ashland and repealing Order 2011-June." Page 2 of 3 F`, CITY OF ASHLAND -and- I move approval and authorize the city administrator's signature of a Cooperative Improvement Agreement to provide water and sewer services to the Siskiyou Welcome Center and Rest Area. ATTACHMENTS: Resolution Order 2011-June History of land use actions related to the SWCRA Interagency lease between ODOT and Oregon Tourism Commission SWCRA Frequently Asked Questions Letter to ODOT from Oregon State Police Cooperative improvement agreement for water and sewer service to the SWCRA Page 3 of 3 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL APPROVING AN OREGON DEPARTMENT OF TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISKIYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND AND REPEALING ORDER NO. 2011-JUNE RECITALS: A. The Ashland City Council on June 21, 2011, having been fully advised by the record of hearings, facts and conclusions of the City of Ashland Planning Commission, by City Staff, the Oregon Department of Transportation (ODOT) and having heard public testimony related to ODOT's proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), adopted an order approving the extension of City water and sewer service to the SWCRA; B. The Order approved by the City Council, subsequently titled "Order 2011-June," concluded the following: i . The City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit; 2. ODOT must obtain State Planning Goal 3, 9, and 11 approvals before City will extend sewer and water facilities to service the development; 3. Prior to any construction or development of the SWCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council; and 4. The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland. 6. The City approves ODOT's application to extend water and sewer service to SWCRA contingent on (a) the Welcome Center being built; (b) water provided by the City may not be used for irrigation; (c) there must be adequate funding for maintenance and staffing of the SWCRA; and (d) the SWCRA must be completed by June 21, 2015. C. ODOT now has adequate funding for construction, maintenance and staffing of the SWCRA; has obtained all required land use approvals; and has committed to and developed plans consistent with use of City water only for non-irrigation purposes. An intergovernmental Resolution No. 2015- Pagel o472 agreement between the City and ODOT is presented for City Council consideration along with this resolution. D. ODOT will be unable to complete the SWCRA within the four-year limit imposed by Order 2011-June due to unanticipated delays in obtaining land use approvals for the S WCRA. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The determinations in Recital B, above, are hereby adopted by the City of Ashland, except that the deadline for project completion set forth in Recital B(6)(d) is hereby revoked. SECTION 2. Order 2011-June is hereby repealed. This resolution was duly PASSED and ADOPTED this l ' day ok, , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2015- Page 2 of 2 ORDER NO 2011-=&~~ AN ORDER APPROVING AN OREGON DEPARTMENT OF TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISKIYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND Having been fully advised by the record of hearings, facts and conclusions by the City of Ashland Planning Commission (herein incorporated by reference), by City Staff, the Applicant and having heard public testimony related to the Oregon Department of Transportation (ODOT) of its proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), the City of Ashland Mayor and City Council make the following findings and conclusions of law: THE MAYOR AND COUNCIL, ACTING WITHIN ITS POWERS AND AS NECESSARY OR CONVENIENT FOR THE CITY TO CONDUCT ITS MUNICIPAL AFFAIRS, ORDERS AS FOLLOWS: SECTION 1. FINDINGS AND CONCLUSIONS. Finding: The Mayor and Council adopt the record of the City of Ashland Planning Commission pertaining to approval of SWCRA. Finding: The present Mayor and Council adopt the records of previous Mayors and Councils who have been required, since at least 1994, to interpret the City's charter and have acted to address the issue of supplying water and sewer to both private parties and governmental facilities outside the city limits. Finding: ODOT's proposed SWCRA is a governmental facility. Finding: ODOT's proposed development of SWCCA is outside the City of Ashland (City) limits and Urban Growth Boundary. (UGB). Pursuant to communication from Paul Nolte, former City Attorney, to City Council: "State law regarding the delivery of water outside the UGB is more liberal. Rules adopted under the Public Facilities and Services Goal, Goal 11 referenced above, provide that local land use regulations may allow the creation or extension of water systems in rural areas so long as newly created systems or extensions are not used to justify higher densities for residential development based on the availability of the water system. (OAR 660-011-0065)" Council Communication, Nolte, p3 (5/15/2001) Finding: Article XVI, section one of the City of Ashland Charter provides: "Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, Page 1 of 4 electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of, nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. (Emphasis added.) Finding: The legal interpretation of Article XVI, section one of the City Charter has been adopted as follows: "The charter language in question was adopted as an amendment to the charter by a vote of the people in May, 1970. The amendment was one among many presented to the voters significantly amending the 1889 charter by replacing it with the 1970 charter. The language was proposed by the Charter Revision Committee for `protection of the City Water System.' Thus the language was proposed in order to protect the water system sale or disposal. At the following election in November, 1970, other charter amendments were submitted to the voters. The city council resolution proposing the new amendments described the May charter amendment as providing "that, the water works should never be rented, sold, or otherwise disposed of." This same resolution adopted a ballot title for the November, 1970 amendments as follows: `Purpose: To amend Article XVI, Sections 1 and 5, of the 1889 Charter of the City of Ashland, as amended, by providing that the electrical power, water and sewer system shall never be rented, sold, or, otherwise disposed of, without a vote of the people... In other words, the charter provision was perceived before and after its adoption to protect the system from sale, not to restrict the sale of water to only city inhabitants. The import of the charter language is that the water works or system shall never be sold, not the water." Memorandum, Power of City to Sell Water Outside City, Paul Nolte to Mayor and City Council, 5/16/1994. Conclusion: City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit. Finding: The City provides water rates and historically has sold and presently and regularly sells water to both private parties and governmental and/or commercial facilities outside the city limits. Finding: City of Ashland sewer waste systems and water supply systems have adequate capacity to accommodate additional flows from the SWRCA facility. Conclusion: ODOT must obtain State Planning Goal 3, 9, and 11 approvals before city will extend sewer and water facilities to service the development. Page 2 of 4 Finding: ODOT with the likely assistance of Travel Oregon (Oregon Tourism Commission) is agreeable to and is intent upon fully funding the construction and operation of the SWCRA. Finding: The drafting and execution of an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation of the SWCRA before extension of sewer and connection of water services is necessary for the city public interest. Conclusion: Prior to any construction or development of the S WCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council. Finding: The State Police considers the SWCRA to be in a prime patrol tactical zone for Siskiyou Mountain I-5 traffic and the OSP is agreeable to and is intent upon using the SWCRA as a branch location for department use. Finding: Providing potable water to supply the SWCRA irrigation needs is not in the city public interest and can be addressed by present legal authority. "The issue of providing water outside the UGB, such as to the proposed state welcome center, was raised in the discussion of the water curtailment amendments. The council was concerned about how the city might enforce water curtailment measures outside the city limits. Since the initial adoption of the water curtailment ordinance, water contracts for delivery of water outside the city limits have included provisions making the water consumer subject to water curtailment provisions. Failure to comply with water curtailment laws allows the city to terminate the contract and therefor the service." Council Communication, Nolte, p.1 (5/15/2001) Finding: Four years to complete development and begin operation of SWCRA is an adequate time period for ODOT performance and is necessary to ensure ODOT diligent performance toward completing the project. Conclusion: The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surrounding neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland. Section 2. ORDER. THE CITY OF ASHLAND MAYOR AND COUNCIL HEREBY ORDER: Approval of ODOTs application to extend for water and sewer contingent upon Welcome Center being built, water use from the City of Ashland be limited to non-irrigation use only and Page 3 of 4 adequate funding for maintenance and staffing with a four year limit to complete said development. This ORDER was duly PASSED and ADOPTED this 2151 day of June, 2411, and takes effect upon the ping by the May Bar ara Christensen, City Recorder SIGNED and APPROVED this ;V- day of June, 2011. J Stromberg, Mayor Rev' ed as to form: avid Lohman, City Attorney Page 4 of 4 Siskiyou Rest Area - Welcome Center Land Use History 1. September 29, 1997: After a fatal crash, FHWA authorized decommissioning the original site of the Siskiyou Safety Rest Area on the condition that it be replaced as soon as possible. 2. 1999: ODOT purchases the replacement property from Provost. Land adjacent to City UGB and zoned EFU. 3. September 14, 2007: ODOT submits application to Jackson County for goal exceptions to site the replacement rest area/welcome center on EFU land. 4. February 28, 2008 to October 23, 2008: Jackson County Planning Commission holds multiple public hearings on the rest area. Issues included water, noise, traffic, trucks, vandals, need for rest area. ODOT addresses truck related issues by eliminating commercial trucks at the rest area and providing rest room facilities at the Ashland Port of Entry. Planning commission recommends approval with conditions. 5. January 2008 - September 2009: Jackson County Board of Commissioners (BOC) holds numerous hearings and visits the site. 6. September 9, 2009: BOC approves rest area. 7. October 2009: Three appeals with 20 claims are filed with LUBA; ODOT intervenes. 8. June 4, 2010: LUBA upholds County decision except LUBA found that extension of water service to property required an additional Goal 11 exception and remands that issue back to Jackson County. 9. June 23,2010: ODOT appeals issue to Court of Appeals. Folands cross-appeal claiming an additional seven errors. 10. November 24, 2010: Court of Appeals affirmed LUBA decision and dismisses cross appeals. Matter is remanded back to Jackson County for consideration of Goal 11 exception for extension of water to site. 11. April 29, 2011: ODOT files modified goal exception application and requests an amendment to Condition 27. 12. May 11, 2011- June 29,2011: Jackson County BOC hearing. Petitioners raise issues regarding concurrent hearing before City of Ashland regarding the extension of water to the safety rest area. ODOT withdraws its request to amend condition 27. Page 1 of 3 -Siskiyou Rest Area Welcome Center History BEH: nog: ej r/DM5675274 13. June 29, 2011: Jackson County BOC approves the Goal 11 exception to extend water service to site. 14. Folands appeal BOC decision to LUBA arguing that decision did not comply with LDO 3.7.3(C) and that it inappropriately excluded testimony from Ashland. 15. November 8, 2011: LUBA affirms County decision but remands one issue to County for interpretation of LDO 3.7.3(C) and relevancy of Ashland testimony. 16. November 29, 2011: Folands appeal LUBA decision to Court of Appeals. 17. February 3, 2012: Court of Appeals affirms LUBA's decision without an opinion and matter is remanded back to Jackson County. 18. July - August 2013: Jackson County BOC hears testimony. 19. August 14, 2013: BOC issues decision interpreting LDO 3.7.3(C) and finding that the "Ashland" testimony is not relevant. 20. August 30, 2013: ODOT files request for amendment to Condition 27 21. September 16, 2013: Folands appeal BOC decision to LUBA 22. September 30, 2013: Folands file record objection. 23. November 14, 2013 - December 2013: Hearings before Jackson County Planning Commission. 24. January 23, 2014: Jackson County Planning Commission makes recommendation to approve amendment. 25. January 30, 2014: LUBA affirms BOC decision. 26. March 12, 2014: BOC hearing regarding amendment 27. April 9,2014: BOC approves amendment. 28. May 7, 2014: BOC adopts ordinance approving amendment. 29. May 30, 2014: Petitioners file LUBA appeal. 30. July 2014: Petitioners file record objection. 31. September 30, 2014: LUBA affirms county decision. Page 2 of 3 -Siskiyou Rest Area Welcome Center History BEH:nog:ejr/DM5675274 Other Current Actions: 1. Potable Water • September 23, 1997: City of Ashland agrees to provide water to proposed Siskiyou Safety Rest Area. • April 3, 2008: City of Ashland staff approves water to site. • April 19, 2011: City of Ashland holds hearing to extend water to the safety rest area. • May 10, 2011: Neighbors filed a writ of review in Circuit Court against City of Ashland claiming City did not have authority to extend water to rest area; MOT intervened. • June 2011: Ashland approves extension of water to rest area upon conditions that welcome center be constructed and staffed within four years, and there be space for state police presence and that the potable water not be used for irrigation purposes. • February 2012: Circuit Court affirms City Decision Page 3 of 3 -Siskiyou Rest Area Welcome Center History BEH:nog:ejr/DM5675274 (DRAFT 1-12-15) INTERAGENCY GROUND LEASE (Build-to-Suit) BETWEEN: State of Oregon acting by and through its Department of Transportation ("Landlord") AND: State of Oregon acting by and through its Oregon Tourism Commission (d/b/a Travel Oregon) ("Tenant") (Landlord and Tenant each, a "Party", and together, the "Parties") EFFECTIVE DATE: RECITALS A. Landlord is the owner of that certain real property consisting of approximately 19 acres commonly known as the Siskiyou Safety Rest Area property and located on Interstate 5 south of Ashland, Oregon (the "Property"). B. As part of Landlord's development of the Property as a Rest Area to serve north-bound travelers on Interstate 5 (the "Rest Area"), Tenant desires that Landlord construct, on the Property, a single-story building of approximately 3,800 square feet (including space for an Oregon State Police presence and space for serving coffee, as set forth in the Conceptual Design Report) to serve as a State of Oregon Welcome Center (the "Building"). The Building, an adjacent covered walkway structure and an inaccessible tower structure also to be constructed as part of development of the Rest Area, permitted future alterations, additions, replacements, or modifications to the foregoing improvements, and the portion of the Property on which the foregoing improvements are constructed, are collectively referred to herein as the "Premises". The Premises and their location on the Property are identified in Exhibit A, attached hereto. Tenant further desires that Landlord lease the Premises to Tenant after construction of the improvements has been completed. Landlord is willing to develop and lease the Premises to Tenant on the terms and conditions set forth herein (the "Lease Agreement"). C. Landlord and Tenant anticipate that construction of the Building, the adjacent covered walkway structure, and the tower structure will cost approximately $3 million (the "Anticipated Project Cost"). Landlord intends to utilize federal Surface Transportation Program funds designated for Transportation Enhancement activities to cover approximately $1.5 million of the Anticipated Project Cost (the "Federal Funds") and state funds not subject to the restrictions of Article XI, Section 3(a) of the Oregon Constitution to cover the remaining approximately $1.5 million of the Anticipated Project Cost (the "State Funds"). Use of the Federal Funds to construct the Building, the adjacent covered walkway structure and the tower structure is conditioned on the inclusion in the Building of prominent features promoting scenic byways in Oregon ("Byways") sufficient to meet the federal requirements set forth in Title 23 USC, Chapter 1, Section 162, entitled the "National Scenic Byways Program", and applicable Federal 1 Highway Administration ("FHWA") policies. The federal requirements include, but are not limited to, providing tourist information to the public, including interpretative information about the Byways. All Byways information must be associated with scenic byways in Oregon and may not contain product advertising. The Parties have set the monthly Base Rent at an amount sufficient to reimburse Landlord, over the 30-year Term of the lease, for the State Funds expended by Landlord to construct the Building, the adjacent covered walkway structure, and the tower structure. TERMS AND CONDITIONS 1. Definitions. Capitalized terms used in this Lease Agreement will have the meanings where first used in this Lease Agreement including the exhibits or, if not defined where first used, in the following list of definitions: 1.1 Additional Rent. Defined in Section 5.2. 1.2 Architect. Gazley Plowman Architects. 1.3 Certificate of Occupancy. The final approval of the governing authorities for occupancy of the Premises for its intended purpose. 1.4 Commencement Date. Defined in Section 4.1. 1.5 Conceptual Design Report. The I-5 Siskiyou Rest Area (Ashland) Conceptual Design Report prepared for Landlord and dated August 27, 2007, which is incorporated herein by this reference. 1.6 Construction Documents. The fully completed plans and specifications for the Work sufficient for procuring the Contractor, obtaining building permits and developing the Premises in preparation for occupancy by the Tenant. 1.7 Construction Period. The period during which the Work is performed and which the Parties estimate will begin during the winter of 2015 and will end during the summer of 2016. 1.8 Construction Schedule. The schedule of Work in Landlord's Construction Contract that includes: (1) an estimated date of commencement of construction of the Premises, (2) the Scheduled Substantial Completion Date, and (3) the estimated date of issuance of a Certificate of Occupancy for the Premises. 1.9 Contractor. The business, selected through Landlord's procurement process, to complete the Work. 1.10 Design Package. The architectural and landscaping design plans and estimate for construction of the Premises. 1.11 Landlord's Construction Contract. The agreement between Landlord and Contractor for performance of the Work to construct the Building, the adjacent covered walkway structure, and the tower structure and otherwise prepare the Premises for occupancy by Tenant, together with the Design Package, the Construction Documents, and all proposals, bids, plans, specifications, and change orders relating thereto. 1.12 Legal Requirements. All applicable present and future laws, ordinances, orders, rules, regulations, codes, and requirements of all federal, state, and municipal governments, departments, commissions, boards, and officers, that now or hereafter apply to the Property or the Premises, or any component thereof or any activity thereon conducted, including but not 2 limited to the Federal Highway Administration regulations governing rest areas set forth in 23 CFR Section 752.5. 1.13 Rent. Base Rent and all Additional Rent. 1.14 Scheduled Substantial Completion Date. The date established in accordance with the Landlord's Construction Contract by which the Contractor will achieve Substantial Completion of the Premises. 1.15 Substantial Completion. The stage in the progress of the Work when the construction is sufficiently complete and in accordance with the Construction Documents and all Legal Requirements, including the Americans with Disabilities Act, so that the Premises can be occupied and used for their intended purpose. 1.16 Subtenant. Any sublessee permitted under Section 13.1. 1.17 Tenant Changes. Any change to the design of the Premises requested by Tenant after completion of the final Design Package. 1.18 Tenant Improvements. All elements of the Building other than core and shell. 1.19 Term. The Initial Term and any Extension Term, as defined in Section 4. 1.20 Work. The work required to develop and construct the Premises, as defined or further described in Landlord's Construction Contract. 2. Premises Development. 2.1 Development. Landlord agrees that it will, at its sole cost and expense, commence and pursue to completion the design, development, and construction of the Premises as described in this Lease Agreement and Landlord's Construction Contract. In the event of any conflict between this Lease Agreement and the Construction Documents, the Construction Documents will govern. In the event of any conflict between this Lease Agreement and the Landlord's Construction Contract (other than the Construction Documents), this Lease Agreement will be controlling as between the Landlord and the Tenant. 2.2 Design Period. Within 15 days after the Effective Date, Tenant and Landlord shall provide final comments to the Architect on the conceptual design for the Premises contained in the Conceptual Design Report. Landlord will then cause the Architect to complete and deliver to the Parties for review and comment the preliminary Design Package for the Premises. Within 15 days after receipt of the preliminary Design Package, Tenant and Landlord shall provide final comments to the Architect on the preliminary Design Package. Landlord will then cause the Architect to complete and deliver to the parties for final approval the Advance Plans (Design Package at 95 percent completion). Within 15 days after receipt of the Advance Plans, Tenant and Landlord will either approve the Advance Plans or provide additional comments. If Tenant and Landlord approve the Advance Plans, Landlord will then cause the Architect to complete and deliver to the parties the final Design Package. If either Tenant or Landlord provides additional comments on the Advance Plans, Landlord, Tenant and Architect will resolve any issues raised by the comments and Landlord will then cause the Architect to complete and deliver to the parties the final Design Package. The Design Package shall be based upon and generally consistent with the Welcome Center described in the Conceptual Design Report. 2.3 Construction Documents. After completion of the final Design Package, Landlord will cause the Architect to complete the Construction Documents consistent with the final Design Package. Promptly after completion of the Construction Documents, Landlord shall prepare and conduct a procurement process, in compliance with the Oregon Public 3 Contracting Code, to select a Contractor and award Landlord's Construction Contract to perform the Work. 2.4 Tenant Changes. Landlord will not be obligated to include in the Premises any elements other than the elements set forth in the final Design Package If Tenant desires a change in the Premises from that reflected in the final Design Package, Tenant must submit the Tenant Change in writing to Landlord for approval. Landlord must not unreasonably withhold, condition or delay its approval of any Tenant Change request. If Landlord fails to approve or reject the requested Tenant Change within 15 days of receipt, the Tenant Change will be deemed approved. If the Tenant Change is approved, Landlord will cause the Contractor to provide to Tenant for Tenant's approval the estimated cost of implementing the Tenant Change. Within 15 days after delivery of the estimated cost of implementing the Tenant Change, Tenant shall notify Landlord whether Tenant wishes to proceed with the Tenant Change and, if it does, shall either tender full payment of the cost of the Tenant Change to Landlord or agree to pay the cost of the Tenant Change as Additional Rent in the form of equal monthly installment payments over the Initial Term, and Landlord will then request Contractor to implement the change. The cost of implementing a Tenant Change that tenant pays for in accordance with this Section 2.4 shall not be included in the cost of completing the Work for purposes of determining any Cost Overrun or Cost Savings.-If Tenant fails to notify Landlord of its decision within 10 business days after delivery of the cost estimate, Tenant shall be presumed to have rejected the cost estimate and the Tenant Change will not be implemented. 2.5 Other Change Orders. Other than change orders arising from an approved Tenant Change (which are addressed in Section 2.4), Landlord shall notify Tenant in writing of all change orders and all such change orders that exceed $10,000 must be approved in writing by Tenant prior to implementation. Tenant must not unreasonably withhold, condition or delay its approval of a change order. The cost of any change order in excess of $10,000 that is implemented without Tenant's prior written approval shall not be included in the cost of completing the Work for purposes of determining any Cost Overrun or Cost Savings. Nor shall Tenant be required to accept the Premises subject to any change that costs in excess of $10,000 that Tenant has not approved in writing. 2.6 Substantial Completion. After award of Landlord's Construction Contract, Landlord will use its best efforts to cause the Contractor to: (a) obtain the necessary permits for the Work, (b) commence construction of the Work, and (c) achieve Substantial Completion of the Premises as provided in the Construction Documents. Landlord will not extend the Scheduled Substantial Completion Date by agreement with the Contractor without prior coordination with Tenant. 2.7 Punch List. Within 30 days after issuance of a Certificate of Occupancy for the Premises, Tenant will prepare a punch list of items to be completed or corrected by Contractor. Landlord will cause all punch list items to be completed within 30 days after notice by Tenant to Landlord of the punch list items. 2.8 Tenant Construction Period Access. Tenant will have a right of access to the Premises during construction (for Tenant's public relations, marketing, information technology, security systems, and furniture, fixtures, and equipment contractors) and a reasonable opportunity for introduction and storage of Tenant's materials and equipment, as long as the access and use will not interfere with the Work. Tenant shall coordinate such access with Landlord's construction manager and comply with any access procedures or protocols established by Landlord. 4 3. Demise and Description. Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord the Premises on the terms and conditions set forth in this Lease Agreement. 4. Lease Term. 4.1 Commencement Date. The lease will commence 30 days after Landlord delivers the Premises to Tenant with a Certificate of Occupancy (the "Commencement Date"). 4.2 Initial Term. The initial term of the lease will commence on the Commencement Date and, subject to adjustment as provided in this Section 4.2, continue for 360 months (the "Initial Term"). If the actual cost of completing the Work exceeds the Anticipated Project Cost (such excess amount, if any, the "Cost Overrun"), then the Initial Term shall be automatically extended by the number of months necessary to provide aggregate Base Rent payments, during the extension of the Initial Term, equal to the Cost Overrun. If the actual cost of completing the Work is less than the Anticipated Project Cost (such difference, if any, the "Cost Savings"), then the Initial Term shall be automatically reduced (at the end of the Initial Term) by the number of months necessary to reduce the aggregate Base Rent payments, during the Initial Term, by an amount equal to the Cost Savings. If the Initial Term is extended or reduced as a result of a Cost Overrun or Cost Savings, Landlord and Tenant shall execute an amendment to this Lease Agreement to memorialize the change in the length of the Initial Term. 4.3 Lease Extension. Landlord shall not, before the final year of the Initial Term, offer to lease the Premises to any third party. During the final year of the Initial Term and prior to offering to lease the Premises to a third party, Landlord shall confer with Tenant to determine Tenant's interest in continuing to lease the Premises for the same or similar purposes after the end of the Initial Term. If Tenant desires to continue leasing the Premises for the same or similar purposes, Landlord and Tenant shall negotiate the terms and conditions of a lease extension and either amend this Lease Agreement or enter into a new lease to implement the extension ("Extension Term"). The Base Rent in any Extension Term may not exceed the fair market rent for similar commercial space in Southern Oregon. 5. Rent. 5.1 Calculation of Base Rent. Beginning on the Commencement Date and on the same day of every month thereafter during the Term, Tenant will pay to Landlord, as Base Rent, the sum of $4,166.66. The Base Rent due each month equals the anticipated State Funds used to construct the Premises ($1.5 million) divided by 360, the anticipated number of full months in the Initial Term. 5.2 Additional Rent. Tenant will also pay from the Commencement Date, without abatement, deduction, or setoff, except as otherwise provided in this Lease Agreement, all sums, impositions, costs, and other payments, if any, that Tenant agrees to pay (collectively, "Additional Rent"). 5.3 Payment of Rent. All Rent will be payable in advance, beginning on the Commencement Date and on the same day of each month following the Commencement Date through the Term. Rent payments are due, without notice or demand, and without deduction or setoff of any amount except as expressly provided otherwise in this Lease Agreement. 5.4 Rent Abatement. If Landlord closes the Rest Area during the Term for a period greater than 10 consecutive business days but less than 120 consecutive calendar days, the Term of the lease shall be automatically extended, without cost to Tenant, by the number of days, in 5 excess of 10 consecutive business days, that the Rest Area was closed by Landlord. If Landlord closes the Rest Area for a period greater than 120 consecutive calendar days, payment of Rent will be abated from day 121 forward until such time as Landlord re-opens the Rest Area. Upon Landlord re-opening the Rest Area, payment of Rent will resume as provided by this Lease Agreement. Rent abatements provided by this section shall not alter or modify any other terms or conditions of this Lease Agreement. Notwithstanding the foregoing, the Term extension and Rent abatement provisions shall not apply if Landlord closes the Rest Area because of circumstances beyond Landlord's reasonable control, including but not limited to, acts of God, weather conditions, acts or omissions of public authorities, statutory requirements, or legislative actions. 5.5 Place of Payment. All Rent must be paid in lawful money of the United States at the address of Landlord set forth in this Lease Agreement, or at such other place as Landlord will from time to time designate by notice to Tenant. Rent will be deemed paid on the date received by Landlord. 5.6 Late Charge. If any Rent or other sum payable by Tenant to Landlord is not paid within fifteen days of the date when first due, Tenant will pay to Landlord an additional sum of $150. The Parties agree that the late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment. 6. Use of Premises. 6.1 Permitted Uses. Tenant will use and occupy the Premises continuously during the Term for the operation of a first-class State of Oregon. Welcome Center under the name of "Travel Oregon", offering statewide visitor information and visitor services (the "Welcome Center"). As part of its Welcome Center operations, Tenant may offer any visitor related information or services permitted or allowed under FHWA and other applicable state and federal policies and laws, and shall include on-site interpretive facilities that incorporate environmental and cultural educational opportunities, whenever possible. Tenant may not use the Premises for any other purpose or operate the Premises under any other name without the written consent of Landlord. Tenant will maintain and operate the Welcome Center during the entire Term with due diligence and in a first-class manner. Tenant will conduct Welcome Center operations in the Building on days and during hours as Tenant determines appropriate based on seasonal fluctuations in visitor travel. At the beginning of the Term and seasonally thereafter, Tenant shall notify Landlord of the Welcome Center operating hours. The Welcome Center may be closed any time the Rest Area is closed or as deemed necessary by Tenant from time to time. Landlord may close the Rest Area at its discretion and shall notify Tenant of any closure. 6.2 Handbills and Advertising. Neither Tenant nor the employees, volunteers, agents, concessionaires or licensees of Tenant will (1) solicit business in or on the Premises or in or on other areas of the Rest Area, or (2) distribute any handbills or other advertising matter on vehicles parked in the parking area or in the other areas of the Rest Area. Subject to compliance with all Legal Requirements and to the extent consistent with the permitted use of the Premises, Tenant shall position displays on the Premises as necessary to comply with state and Federal Funds requirements for the promotion of scenic byways in Oregon consistent with Title 23 Sections 131 and 162 of the United States Code. Displays may be positioned inside the Building or under the covered walkway/tower structure and such displays shall be considered a "sign plaza" for purposes of this Lease Agreement. Tenant may not position displays in areas outside the Premises without the written consent of Landlord. 6 6.3 Licenses. Landlord grants to Tenant a nonexclusive fully-revocable license during the Term to use the parking areas, visitor plaza, and other facilities of the Rest Area (the "Common Areas") in the same manner and to the same extent as visitors of the Rest Area. Landlord further grants to Tenant, a nonexclusive fully-revocable license during the Term to use the alternate access to the Rest Area from Crowson Road, and the staff parking areas, in the same manner and to the same extent as Landlord's staff, on first-come first-served basis. Landlord reserves the right at any time to grant similar nonexclusive use to others, to make rules and regulations relating to the use of the Common Areas, to designate specific parking spaces for the use of particular persons, and to make changes in the Common Areas from time to time. 6.4 Legal and Regulatory Compliance. At all times during the Term, Tenant will comply with all Legal Requirements affecting its use or occupancy of the Premises or use of the Common Areas, and will require all Subtenants of the Building to comply with all Legal Requirements affecting their use and occupancy of the Premises and use of the Common Areas. Tenant will comply with all posted Rest Area regulations and will not use or occupy, or permit or suffer all or any part of the Premises to be used or occupied (1) for any unlawful or illegal business, use, or purpose; (2) in any such manner to constitute a nuisance of any kind; (3) for any purpose or in any way in violation of the Certificate of Occupancy, or of any Legal Requirements; or (4) for any business, use, or purpose deemed disreputable. Tenant will observe and comply with all state and federal laws, regulations and guidelines, and all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances, special exceptions, and nonconforming uses), privileges, franchises, and concessions that now apply to the Premises or that have been granted to or contracted for by Landlord or Tenant in connection with any existing or presently contemplated use of the Premises, including but not limited to the conditions imposed by Jackson County for development of the Property, the conditions imposed by the City of Ashland for extension of water and sewer service to the Property, and 23 CFR 752. 6.5 Third-Party Uses. Tenant shall allow the Oregon State Police to use the portion of the Building so identified in the Conceptual Design Report, for a workstation. Tenant and the Oregon State Police shall agree upon the specifics of the use. In addition, Tenant shall allow a volunteer organization designated by Landlord to use the portion of the Building so identified in the Conceptual Design Report, to distribute free coffee to Rest Area visitors. Neither the Oregon State Police nor the Landlord-designated volunteer organization shall be considered a Subtenant with respect to its use of the Building under this Section 6.5 and neither shall be charged rent. Tenant shall not be responsible or liable for the actions of the Oregon State Police or the volunteer organization designated by Landlord to distribute free coffee. 6.6 Permitted Use Dispute Resolution. If Tenant and Landlord disagree over the meaning or applicability of a Legal Requirement, Landlord will make the final determination of the meaning or applicability after first consulting with the Oregon Attorney General. The Parties agree to follow the advice of the Attorney General on the meaning or applicability of a Legal Requirement. 6.7 Waste and Nuisance Prohibited. At no time during the Term will Tenant commit, suffer to be committed, or allow or permit others to commit, any waste on or with respect to the Common Areas or the Premises, or any nuisance or illegal act. 6.8 Smoking Prohibition. No smoking is allowed inside the Building at any time. 7 7. Services. Landlord will not be required to provide any services to the Premises except as expressly provided herein. As part of the Work, Landlord will install electricity, water, sewer, and telecommunication utility lines (metered separately from other uses on the Property) to service the Premises and Tenant's property and operations. Tenant will arrange for its own accounts with utility service providers and for its own janitorial service and any other services as are necessary or appropriate for use of the Premises by Tenant and any Subtenants. Tenant will be responsible for timely payment in full of all charges for utility and other services provided to the Premises. Landlord will not be liable or responsible for any interruption of any utility or other kind of service provided by third parties except to the extent that the interruption is the result of insured damage to the Premises or is caused by Landlord, or the employees, volunteers, agents, concessionaires or licensees of Landlord, and Landlord fails to avoid or cure the interruption as soon as reasonably possible after becoming aware of the interruption. 8. Repairs and Maintenance. 8.1 Capital Repairs and Replacements. Except as provided below, Tenant will make all capital repairs and replacements (as distinguished from ordinary maintenance and repairs) to all elements of the Premises, if and when necessary, including but not limited to the foundation, all load-bearing elements such as walls and columns of the Building, the roof of the Building, the adjacent covered walkway structure, the tower structure, the building systems, and the Tenant Improvements; provided, however, Tenant will not be responsible for capital repairs and replacements covered by the warranty in Landlord's Construction Contract or capital repairs and replacements of the walkway portion of the adjacent covered walkway structure, which shall be Landlord's responsibility. 8.2 Ordinary Maintenance and Repairs. As used in this Section, the term ordinary maintenance and repairs means all maintenance and repairs, including but not limited to repairs necessitated by vandalism, other than capital repairs and replacements. Tenant will, throughout the Term, at Tenant's sole cost and expense, keep and maintain the Premises (other than maintenance or repair covered by the warranty in Landlord's Construction Contract, the landscaping, and the walkway portion under the adjacent covered walkway structure, which shall be Landlord's responsibility) in good, neat, and sanitary condition, operating condition, working order, and appearance including but not limited to the following: 8.2.1 Maintenance and ordinary repairs to the exterior of the Premises (including but not limited to the exterior surfaces, roof membrane, exterior skin, exterior windows, exterior doors, and the covering of the adjacent covered walkway structure); 8.2.2 Maintenance and ordinary repairs to the interior of the Building, including all common areas, all leased and leasable space, and all electrical, janitorial, and mechanical rooms and facilities; 8.2.3 Maintenance and ordinary repairs to all building systems, including electrical, plumbing, and mechanical systems, equipment, and fixtures, including heating, ventilation, and air conditioning (HVAC) units and related equipment; 8.2.4 Maintenance and ordinary repairs to all interior doors and windows, and related hardware, and all ceilings, wall and floor coverings, light fixtures and switches, plumbing fixtures, and all wiring and plumbing; 8.2.5 Repairs of damage caused through the negligence or other misconduct of the Tenant or any Subtenant, but subject to the provisions of this Lease Agreement specifically providing otherwise with respect to insured or insurable damage; 8 8.2.6 Replacements necessitated by Tenant's failure to properly maintain or provide ordinary repairs as otherwise required in this Section, including Tenant's failure to keep in place and require performance of adequate maintenance contracts for the HVAC systems; and 8.2.7 The clean and sanitary storage, collection, and disposal of refuse from the Premises in a location designated by Landlord as the refuse collection point. 8.3 Common Areas. Landlord will maintain, repair, and replace the Common Areas, the landscaping, and the walkway portion under the adjacent covered walkway structure, keeping them in good order, condition, and repair throughout the Term. 8.4 Landlord's Interference with Tenant. In performing any repairs or work that Landlord is required to perform under this Lease Agreement, Landlord will not cause unreasonable interference with use of the Premises by Tenant or any Subtenants, except as is reasonably necessary to effect the repairs and, Landlord will have the right of access to the portions of the Premises as is reasonably necessary to effect the repairs. Any repairs or replacement that would interrupt Tenant's intended use of the Premises will be made outside of Tenant's operating hours, except in the event of an emergency requiring immediate work for safety and protection of persons and the Premises. 8.5 Keys. Landlord shall provide Tenant with a set of four keys to the Premises on or before the Commencement Date. Tenant will be responsible for replacing lost keys or re-keying. If Tenant chooses to re-key the Premises, Tenant shall provide Landlord a spare set of keys for the purposes of repairs, maintenance, or emergency access. 9. Alterations. Tenant will have the right to make alterations or further improvements to the Premises subject to the requirements of this Section, as follows: 9.1 Landlord's Written Consent. Landlord's prior written consent is required, which will not be unreasonably withheld, conditioned, or delayed except as expressly provided otherwise below. 9.2 Structural Changes. Landlord may withhold or condition its consent in Landlord's sole discretion if the alterations or improvements require any structural changes or modifications to the Building, or involve any alteration of the exterior of the Building, or consist of alterations to improvements other than the Building or the construction of new improvements on the Common Areas, whether or not the proposed improvements would be adjacent or attached to the exterior of the Building. 9.3 Alterations or Improvements to Create New Space. If any such alterations or improvements are to create new space to be occupied by a Subtenant rather than being needed and intended primarily for Tenant's own operation and use, then Landlord in its sole discretion may withhold or condition its consent. 9.4 Landlord's Review of Proposed Plans. For all alterations or improvements, Tenant will furnish Landlord with proposed plans and specifications for Landlord's review and approval, which approval will be deemed given if Landlord fails to respond to Tenant's submittal within 30 business days. 9.5 Tenant to Perform Alterations and Improvements. All alterations and improvements that are permitted under this Lease Agreement will be performed by Tenant, at Tenant's sole cost, in compliance with all applicable codes, rules, and regulations, in a professional manner with quality materials equal to or better than the original. 9.6 Tenant to Provide As-Built Plans. Upon completion of any improvements or alterations, Tenant will provide Landlord with as-built plans for the completed work. 9 9.7 Alterations and Improvements to Become Landlord's Property. All alterations or improvements that Tenant constructs will, at the end of the Term, or earlier termination of this Lease Agreement, become the property of Landlord, except to the extent Landlord exercises its right in the following sentence to require removal. Landlord will not have the right to require Tenant to remove any such alteration or improvement at the end of the Term, or earlier termination of this Lease Agreement, unless the removal obligation was a condition of approval of an alteration made after the initial completion of the Premises. 9.8 Tenant Not to Alter Roof or Exterior Walls. Tenant will not penetrate the roof or make installations on the exterior walls or the roof of the Building without Landlord's prior written consent. 10. Liens. Tenant covenants to keep the Premises and the Common Areas free from all construction liens and all other liens of any type whatsoever arising out of Tenant's repair, alteration, maintenance, and use of the Common Areas or Premises. If a lien is filed, Tenant must, within 30 days after knowledge of the filing, secure the discharge of the lien or deposit a sufficient corporate surety bond in an amount required by Oregon law to remove the lien. Landlord expressly reserves the right to post notices of nonresponsibility under the lien laws of the state of Oregon. 11. Insurance. 11.1 Property Insurance. 11.1.1 Upon commencement of construction of the Premises, Landlord shall declare the Premises as a Landlord Property to Risk Management in the Department of Administrative Services. 11.1.2• Promptly after the Commenceinent Date, Landlord and Tenant shall jointly declare the Premises as Tenant Property to Risk Management in the Department of Administrative Services. 11.2 Liability Insurance. The Parties understand that each is insured with respect to tort liability claims by the State of Oregon Insurance Fund, a statutory system of self insurance established by ORS Chapter 278, and subject to the Oregon Tort Claims Act (ORS 30. 260- 30.300). Each Party agrees to accept that coverage as adequate insurance of the other Party with respect to personal injury and property damage. In addition, each Party agrees that any tort liability claim, suit or loss resulting from or arising out of the Parties' performance of and activities under this Lease Agreement, will be allocated, as between the Parties, in accordance with law by Risk Management in the Department of Administrative Services for purposes of their respective loss experiences and subsequent allocation of self-insurance assessments under ORS 278.435. Each Party agrees to notify Risk Management in the Department of Administrative Services and the other Party in the event it receives notice or knowledge of any claims arising out of the Parties' performance of or activities under this Lease Agreement. Tenant shall not be responsible or liable for the actions of the Oregon State Police or the volunteer organization designated by Landlord to distribute free coffee, as provided in Section 6.5. 12. Damage and Destruction. 12.1 Repair and Restoration. Except as specifically provided otherwise in this Lease Agreement, if the Premises are damaged or destroyed during the Term by fire or other casualty, 10 Landlord will repair or rebuild the Premises to substantially the condition existing immediately before the damage or destruction (excluding Tenant Improvements), to the extent Landlord receives sufficient insurance proceeds from Risk Management in the Department of Administrative Services. The work will be undertaken expeditiously and in good faith and will be completed by Landlord as soon as reasonably practicable. If Landlord does not receive sufficient insurance proceeds to repair or rebuild the Premises, either party may terminate this Lease Agreement effective upon written notice to the other party. 13. Sublease. 13.1 Permitted Subtenants. Tenant may not, without the prior written consent of Landlord, which Landlord shall not unreasonably withhold, condition or delay, sublease any portion of the Premises to any third party. 13.2 Effect of Termination on Sublease. Upon the expiration of the Term or on the earlier termination of this Lease Agreement or the termination of the right of possession of Tenant, any sublease then in effect will likewise terminate or the right of possession of the Subtenant will cease, unless Landlord exercises its right, hereby granted by Tenant, to treat the expiration or termination as an assignment of the interest of Tenant in and to the sublease with the sublease continuing in full force and effect as a direct lease between the Subtenant and Landlord on all of the terms, conditions, and covenants of the sublease, subject to Landlord receiving from the Subtenant such assurances from the Subtenant and sublease modifications as Landlord may require. 14. Assignment. Without the prior written consent of Landlord, Tenant will not assign, transfer, or encumber this Lease Agreement or any interest herein, or suffer a transfer of this Lease Agreement by operation of law. This restriction will not apply to a permitted sublease. 15. Surrender on Expiration or Termination. 15.1 Condition of Property and Improvements. Upon expiration of the Term or earlier termination of this Lease Agreement, Tenant will deliver all keys to Landlord and surrender the Premises in a state of good condition and repair and broom clean, reasonable wear and tear excepted. Alterations, additions, and improvements made by Tenant with permission from Landlord shall not be removed unless the terms of permission for the work so require. 15.2 Tenant's Property. Before the expiration of the Term or earlier termination of this Lease Agreement, Tenant will remove all furnishings, furniture, and trade fixtures that remain Tenant's property. 16. Dispute Resolution. Except as provided in Section 6.6, the Parties to this Lease Agreement shall resolve any dispute or disagreement under this Lease Agreement through discussion and negotiation, escalating the discussion and negotiation to higher levels of management, as necessary to reach resolution. 17. Quiet Enjoyment. Landlord warrants that Landlord is the owner of the Premises and has the right to lease the Premises to Tenant. As long as Tenant is not in default under this Lease Agreement, Landlord will defend Tenant's right of quiet enjoyment from the lawful claims of all 11 persons claiming by or through Landlord during the Term, subject only to the exceptions, reservations, and conditions set forth in this Lease Agreement. 18. Survival. The obligations and liabilities of Tenant arising under this Lease Agreement will survive the expiration of the Term or earlier termination of this Lease Agreement and the termination of the right of possession of Tenant. 19. Authority. Each Party warrants and represents to the other that the person(s) signing this Lease Agreement on its behalf has authority to enter into this Lease Agreement and to bind it to the terms, covenants, and conditions contained in this Lease Agreement. 20. Notice. All notices required by this Lease Agreement must be in writing addressed to the party to whom the notice is directed at the address of that party set forth below the signatures on this Lease Agreement. Any such notice personally delivered, sent by recognized overnight courier service, or sent by United States mail, as registered or certified mail postage prepaid, will be deemed to have been given for all purposes upon receipt. Any such notice given by email will be deemed to have been given for all purposes upon the sender's receipt of confirmation generated by the recipient's email system that the notice has been received by the recipient's email system. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this Section. 21. Modification. No modification of this Lease Agreement will be valid unless it is in writing and is signed by both Parties. 22. Integration. This Lease Agreement is the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained in this Lease Agreement. This Lease Agreement will supersede all prior communications, representations, and agreements, oral or written, of the Parties regarding the subject matter hereof. 23. Interpretation. The Section headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or meaning of the Sections themselves. 24. Severability. The invalidity of any term or provision of this Lease Agreement will not affect the validity of any other provision. 25. Waiver. Waiver by a Party of strict performance of any provision of this Lease Agreement will not be a waiver of or prejudice a Party's right to require strict performance of the same provision in the future or of any other provision. 26. Binding Effect. Subject to restrictions in this Lease Agreement on assignment, this Lease Agreement will be binding on and inure to the benefit of the successors and assigns of the Parties. 27. Governing Law. This Lease Agreement will be interpreted and enforced according to the laws of the state of Oregon. 12 28. Counterparts. This Lease Agreement may be executed in multiple counterparts, each of which will constitute one agreement, even though all parties do not sign the same counterpart. 29. Time Essence. Time is of the essence in the performance of this Lease Agreement. 30. Exhibits. All exhibits referred to in this Lease Agreement are incorporated by reference in this Lease Agreement as if fully set forth herein. Landlord Tenant By: By: Name: Name: Title: Title: Address: Address: Email: Email: Date: , 20 Date: , 20_ 13 EXHIBIT A TENANT AREA OF RESPONSIBILRY ~i VMCO E CENTER a a s a. BRIDGE PLAZA BRIDGE TO\7GER BRIDGE a RESTROOM BLDG a Indicates Travel Oregon Facility Maintenance Responsibility ti CONCEPT A SITE PLAN 14 Siskiyou Safety Rest Area and Welcome Center Frequently Asked Questions January 2015 ■ Have the facilities been granted land use approvals? All land use hurdles have finally 45*00111 been cleared, including those decisions appealed by opponents.» - - This is the primary reason the project will not be fully % constructed by June 2015. Attached is a timeline of planning u activities undertaken by ODOT for - this project since 2011. ■ Will the Siskiyou Safety Rest Area and Welcome Center practice water conservation? ODOT understands that water is a valuable resource. It is also understood that water needs to be applied to the right use. The amount of potable water needed for the Rest Area and Welcome Center is approximately 1,400 gallons per day, which is equivalent to the amount used by four homes. Toilet facilities will utilize low use water features. 'Gray water' will also be reclaimed and used for irrigation purposes. ODOT secured Talent Irrigation District water to establish and maintain landscaping at the site and for irrigating the landscaping at the new Exit 14 Ashland interchange. ■ How will ODOT and Travel Oregon fund construction of both facilities? The estimated cost of remaining design and construction activities at the site is $11.8 million. $3 million will cover the new Welcome Center, covered walkway and tower feature. The remaining $8.8 million will be used to construct the site civil work, restroom facilities, parking facilities, on and off ramps, access road from Crowson Road and landscaping. All funding is available for the project. ■ Will commercial trucks and other heavy vehicles be prohibited from using the rest area/welcome center? Yes. ODOT constructed rest room facilities specifically for this purpose at the nearby Port of Entry. The new Rest Area and Welcome Center facility, located to the east of NB 1-5 at approximately mile point 12.5, will have regulatory signs prohibiting commercial vehicles. Law enforcement will ensure compliance. 1 ■ Will the new Rest Area and Welcome Center be managed by ODOT? ODOT recently transferred funds and - - - - - management of Oregon rest areas to Oregon Travel Experience (OTE),' formerly known as the Travel Information Council (TIC). We expect this site to eventual) be managed b a. +rr n 1 OTE, but until that time ODOT will be the owner. As for the Welcome i, Center itself, Travel Oregon (TO) will be the sole operator of this facility. The rest area will remain open 24 hours for travelers. Travel Oregon will determine the hours of operation and fi number of staff members of the Welcome Center as they currently do at their facility near exit 19.` ■ How will the proposed Safety Rest Area and Welcome Center compliment the surrounding area? The proposed structures for the Siskiyou Rest Area and Welcome Center are designed with a "Cascadian" style to reflect the architecture found in some of the lodges of the Northwest. The buildings will be buffered with landscaping using drought-tolerant, native vegetation to complement the natural environment and enhance the overall appearance of the area. The facility will have exterior lighting that is shrouded so as to direct light downward and eliminate or minimize the transmission of light off the property, in a manner that is consistent with Leadership in Energy and Environmental Design (LEED) Dark Sky standards. The facility will be a showcase of sustainability in line with the State of Oregon's direction. ■ Why is a Welcome Center so essential when there are commercial outlets at the south Ashland exit 24? Although many travelers plan ahead, there are many last minute travelers who don't have their entire trip mapped in advance; rather, they "create it as they go". Past ODOT surveys show that 25% of travelers take this approach. In 2014, 49% of people pursuing travel information were accessing sites from their mobile devices. That still leaves a large percentage of visitors looking for information by other means, especially on the 1-5 corridor into Oregon where 65% of travelers visiting the state via vehicle enter. 2014 saw an increase in visitors to our region with the economy recovering. With lower gas prices, 2015 has anticipated growth, with an increase in the number of early bookings. The Welcome 2 Center would support and educate travelers on the many beautiful and fun places to visit, benefiting both our local and regional economy. ■ How would the proposed Siskiyou Safety Rest Area and Welcome Center benefit tourists and travelers and the local/regional economy? Driving over the Siskiyou Pass can be very stressful; in bad weather conditions it can be hazardous to drivers, their passengers and others using the interstate. The road is steep and circuitous and can be snowy or icy with poor visibility. Driving it takes extra time and can easily cause stress and fatigue. The Siskiyou Rest Area is a safety feature that would provide benefits to travelers driving down from the pass. It would also provide a bad weather refuge for motorists to remove chains in lieu of using the shoulder as they currently do. A welcome center at the 1-5 Siskiyou Safety Rest Area will foster the continued growth and success of the tourism industry in Jackson County and southern Oregon. Based on an annual report from Travel Oregon, total direct travel spending for Jackson County was nearly $489 million for 2013. Southern Oregon direct travel spending was $935 million. According to the Oregon Association of Convention and Visitors Bureau, for every dollar spent operating a welcome center, $41 is generated in new visitor spending. ■ How successful has the interim Welcome Center been in attracting tourists? Before the former Siskiyou Rest Area was decommissioned in 1995, more than 78,000 people visited the Welcome Center annually. In 2008, the Ashland Welcome Center at exit 19 had 11,229 visitors. The difference of 67,000 visitors a year is a substantial lost opportunity to attract more visitors to Jackson County. During this interim period, the temporary Welcome Center's visits were low due to its difficulty of access, positioned on the southbound side of 1-5 exit 19. This location primarily targets folks who are departing the state, not entering it; its visibility also isn't adequate for highway travelers. Conversely, the Ashland Chamber's Visitor & Convention Bureau (VCB) serves as the visitor information center in Ashland as well as the gateway to southern Oregon and the state, being the first stop in Oregon for many travelers. The Information Booth on the downtown Ashland Plaza is operated by the Ashland Chamber's VCB, serving over 25,000 visitors annually, while the Ashland Chamber's VCB office one block from the Plaza serves over 125,000 visitors annually. Ashland welcomes more than 300,000 visitors annually, half of who attend plays at the Oregon Shakespeare Festival. ■ Will the Siskiyou Safety Rest Area and Welcome Center include securityfeatures? Although statistics show that actual incidents of criminal activity at rest areas and surrounding locations are low, the Siskiyou Rest Area and Welcome Center is being designed with security features in mind. ODOT's "inward" design provides parking both east and west of the Siskiyou Rest Area and Welcome Center. This allows law enforcement 3 officials to quickly view the area around the building without having to leave their vehicles. The presence of Welcome Center staff and an Oregon State Police office, and design features such as lighting, open landscaping and security cameras, will all deter criminal activity. In addition, the perimeter of the Rest Area property will be cordoned with a six- foot high chain link fence. A service road from Crowson Road to the property for authorized personnel will also be gated and fenced. ■ Will the Siskiyou Safety Rest Area and Welcome Center be constructed with safety features? ODOT has designed the Rest Area 1-5 re-entry ramp to be substantially longer than required by the Oregon Highway Design Manual. According to the manual, 750 feet is the desired acceleration length for an entrance ramp, to allow adequate decision time for vehicles to pick gaps. For the new Siskiyou Rest Area, ODOT has designed a ramp that is approximately 1,700 feet long, more than double the desirable standard and nearly four times the length of the re-entry ramp at the former Siskiyou Rest Area at mile point 10. ■ Will the proposed Siskiyou Safety Rest Area and Welcome Center cause more noise? Consultant Parsons Brinckerhoff prepared a noise study in June 2008 that concluded noise levels continue to rise in the vidnity of Crowson Road as a result of growing traffic volumes on 1-5. Construction of the Safety Rest Area and Welcome Center does not result in a perceptible change in noise levels. Therefore, the criteria warranting a sound wall was not met. In response to public concern regarding perceived noise from semi-trucks using the rest area, they have been prohibited, and new restroom facilities have been provided at the Port of Entry for the truckers. ■ What is the planned construction schedule for the new Rest Area and Welcome Center? Work on the site is planned to occur in two phases. The first phase is the site civil work to build the access road, utilities, parking lots and the highway ramps. Work on that phase is scheduled to begin in the summer of 2015. The second phase is the facilities construction where the restrooms and welcome center structures will be built. Work on that phase is scheduled to begin in the spring of 2016. Prior to the start of construction, ODOT awarded a small contract for purpose of completing site drainage modifications, installing a right of way fence and realigning an irrigation ditch. These improvements were necessary to prevent the interruption of agricultural irrigation to adjacent landowners and to establish a fence to keep livestock from entering the property and highway. 4 ° o -0 y'~crnn Department of State Police m 1 4503 Rogue Valley Hwy., Suite A John A. Kitzhaber, MD, Governor Central Point, OR 97502 (541) 776-6114 or (541) 776-6236 Fax(541)664-8762 January 27, 2015 Richard Randleman Project Leader ODOT Region 3 Subject: Siskiyou Mountain Rest Area Richard, This letter is to confirm that the Oregon State Police (OSP) is committed to partnering with the Oregon Department of Transportation (ODOT) by utilizing facilities provided by ODOT at the proposed rest area on 1-5 near the Siskiyou Mountain summit. OSP has always enjoyed a strong partnership with ODOT, and we believe that having a facility located in this new rest area will go a long way in not only strengthening that partnership but also providing the motoring public with the best possible law enforcement service in such a remote location. As you well know, winter weather can sometimes be very problematic on the Siskiyou pass. Having a location for our agency to base winter weather operations from will be of significant benefit to us as well as the citizens that we serve. Again, we appreciate the opportunity to partner with ODOT on this and look forward to working with you. Sincer , i Kelly S. Collins, Lieutenant Oregon State Police Central Point Area Command KSC Misc. Contracts and Agreements No. 28833 COOPERATIVE IMPROVEMENT AGREEMENT To Provide Water and Sewer Services to Siskiyou Welcome Center and Rest Area City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Interstate 5 (Pacific Highway No. 1, 1-5), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State closed the former Siskiyou Welcome Center and Rest Area (SWCRA) in 1997. Jackson County approved the land use application to construct a replacement SWCRA and to permit the extension of water and sewer services to this facility, which is to be located at 1-5, Mile Point 12.5 near Crowson Road and just outside the Agency Urban Growth Boundary in Jackson County. 4. Agency approved State's request to extend water and enhancement of sewer to the SWCRA facility with conditions. This Agreement is intended to address the condition that Agency have authority to terminate water service to SWCRA in the event Agency's domestic water is used for irrigation purposes. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree State shall design and construct new water and sewer line services to the SWCRA facilities, hereinafter referred to as "Project." The Project includes extension of new potable-use water and enhancement of existing sewer service to the site. Potable water from the Agency will not be used for irrigation purposes on the Siskiyou Rest Area site. The location Key No. 09436 09-04-13 Agency/State Agreement No. 28833 of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of $100,000 in state funds. The estimate for the total Project cost is subject to change. State shall be responsible for Project costs beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project. The useful life is defined as one hundred (100) calendar years. The Project shall be completed within ten (10) calendar years following the date of final execution of this Agreement by both Parties. AGENCY OBLIGATIONS 1. Agency shall allow the extension and hook up of water service and sewer service to the SWCRA facility within two (2) weeks of request from State. 2. Agency shall invoice State for governmental use of water and sewer services extending outside of the Agency's city limits for the SWCRA facility. 3. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. 4. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 5. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 6. Agency's Project Manager for this Project is Dave Kanner, City Administrator, 20 East Main, Ashland, OR 97520, 541-488-6002, dave.tanner@ashland.or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. 2 Agency/State Agreement No. 28833 STATE OBLIGATIONS 1. State shall pay all fees for governmental water and sewer rates for services extending outside of the Agency's city limits. State shall comply with Agency's water and sewer services ordinances and resolutions. 2. State shall be responsible for 100 percent of use of water and sewer service costs associated with the SWCRA. State shall require the Agency to send invoices directly to State. 3. State agrees to use Agency supplied water for potable purposes only. 4. State agrees that the Siskiyou Welcome Center facility will be adequately staffed and maintained consistent with the terms of Cooperative Improvement Agreement No. 28940. 5. State shall ensure that the Siskiyou Welcome Center facility include spaces for an Oregon State Police work center. 6. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 7. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 8. State shall be responsible for all costs associated with construction and installation of the Project. 9. State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project. 10. State's Project Manager for this Project is Tim Fletcher, Project Manager, 100 Antelope Road, White City, OR 97503, timothy.w.f.etcher@odot.state. or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 3 Agency/State Agreement No. 28833 GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both Parties. 2. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and 4 Agency/State ' Agreement No. 28833 of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. 5 Agency/State Agreement No. 28833 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #09436 that was adopted by the Oregon Transportation Commission on March 21, 2012, (or subsequently approved by amendment to the STIP). CITY OF ASHLAND, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Region 3 Manager Date Date By APPROVAL RECOMMENDED Date By APPROVED AS TO LEGAL SUFFICIENCY District 8 Area Manager By Date Counsel Date Agency Contact: Dave Kanner, City Administrator 20 East Main Ashland, OR 97520 541-488-6002 Dave.kanner@ashland.or.us State Contact: Tim Fletcher, Project Manager 100 Antelope Road White City, OR 97503 541-774-6356 Timoth .W. Fletcher@odot. state. or. us 6 EXHIBIT A - Project Location Map po~tr~ h1an 'E Main St. Southern Project Location UniveTs€ty sr 4% i{~uter ~ , Farm[ , Q (m Ashland St Shale City m S Siski u 66 Mountain Park ~ t L 0 2012 Nokia 0 2012 Microsoft Cofporation 7 CITY OF ASHLAND Council Communication February 3, 2015, Business Meeting First Reading of an Ordinance Establishing Guidelines for Film and Media Productions and repealing Ashland Municipal Code 6.36 FROM: Ann Seltzer, management analyst, seltzeragashland.or.us SUMMARY This is the first reading of an ordinance related to Film and Media Production. If approved at second reading it will replace the existing ordinance (Ashland Municipal Code 6.36). The existing film ordinance was adopted in 1984. An increase in filming in Ashland over the past several years has underscored the need to clarify and update the City's ordinance related to film production in Ashland. Adoption of this ordinance will provide clarity of the City's requirements when filming on public property and will clarify when a permit is required. BACKGROUND AND POLICY IMPLICATIONS: The City's existing film and video ordinance requires all film makers to secure a film permit. During previous discussions, councilors expressed concern about requiring all film makers to secure a permit and listed a number of types of film production that should be exempted. The proposed ordinance requires a permit only for film makers that need exclusive use of public property such as street and sidewalk closures, use of public buildings, reserved parking, etc., uses that are already regulated. This approach eliminates the need to exempt types of film production (non-profit, students, etc.) whether or not a permit is required. The proposed ordinance addresses two primary points: Mandatory Requirements for all film makers and Permit Requirements for film makers that require the exclusive use of city-owned property. Mandatory Requirement This section explains that all film activities, whether permitted or not, must comply with Ashland Municipal Code and with the following: 1) Before filming on property not owned by the City the consent of the property owner is required 2) Film activity must not threaten or cause damage to public property 3) Cleanup of film location 4) Film activities must not interfere with normal governmental or City operations 5) Film activities must not interfere with pedestrian or vehicular traffic unless a permit is secured 6) Film activities must not increase fire hazards 7) Film makers must notify neighbors within two hundred feet of film activity 8) Film activities cannot block or pose tripping hazards for pedestrian 9) Film activities cannot block parking spaces, or traffic unless a permit is secured Page l of 2 i~, CITY OF ASHLAND These requirements inform film makers of their responsibilities prior to, during and after filming. Permit Requirements This section explains that film permits are required for film activities that need the exclusive use of public property such as street and/or sidewalk closures, use of public buildings, use of parking beyond stated time limits etc. Exclusive use means when the film activity excludes others from making use of the same space at the same time as the film activity. Additional Sections Also included in the proposed ordinance is language related to permit fees, conditions of permit issuance, appeals process, liability insurance, filming regulations etc. How does this apply to filming in city parks? If the film maker does not require exclusive use of a section of a city park they do not need to secure a permit but still must comply with park policies related to filming. This information is included in the Film and Media Guidelines. Staff has worked closely with Parks Department staff on this topic. Included in this packet is the proposed ordinance, the draft Film and Media Guidelines which implement the proposed ordinance, and the existing ordinance. COUNCIL GOALS SUPPORTED: 15. Seek opportunities to diversify the economy in coordination with the Economic Development Strategy. 15:t Support film industry growth - FISCAL IMPLICATIONS: The proposed ordinance does not have a fiscal impact the City. A resolution setting permit fees will come to the Council for approval at a future meeting. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff 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 of an ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36". ATTACHMENTS: • Proposed Film and Media Production Ordinance • Film and Media Production Guidelines • Existing film ordinance Page 2 of 2 ~r, ORDINANCE NO. AN ORDINANCE ESTABLISHING GUIDELINES FOR FILM AND MEDIA PRODUCTIONS AND REPEALING AMC 6.36 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, updated and clarification of ordinances and guidelines concerning film and television production activities are needed to address the industry's current practices and to protect citizens' interests. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.36 is hereby repealed and a new Film and Media Productions Chapter 6.36 is as follows: SECTION 6.36.010 Definitions for Purposes of this Chapter A. Film makers includes all activity pertaining to staging or shooting motion pictures, television shows or programs and commercials in any medium including film, tape or digital format. B. Exclusive use includes all film activity that requires the use of public property including but not limited to sidewalks, parks, parking spaces, streets, buildings that excludes others from making use of same spaces at the same time as the film activity. SECTION 6.36.020 Mandatory Requirements All film makers are responsible for the safety of film participants, spectators and the general public throughout the duration of the film production. All film makers are responsible for minimizing inconvenience and disruption to citizens, businesses and city services. Ordinance No. Page 1 of 6 A film permit is required for any film activities that will result in street closures or street obstructions; sidewalk closures or obstructions; exclusive parking for longer than 24 hours or longer than posted time limits, ; or exclusive use of city property or facilities. All film activities whether permitted or not permitted, must be conducted in full compliance with Ashland Municipal Code and specifically including: Chapter 9 (health and Sanitation), Chapter 10 (Public Peace, Morals and Safety), Chapter 11 (Vehicles and Traffic), Chapter 15 (Buildings and Constructions), Chapter 18 (Land use). In addition: 1) Before any filming on property not owned or controlled by the City takes place, the consent or permission of the person who owns or controls the property is required 2) The film activity must not threaten or cause damage to public property. 3) 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 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 film maker. 4) The filming must not interfere with normal governmental or City operations. 5) The filming must not interfere with pedestrian or vehicular traffic unless a film permit is secured. 6) The filming must not result in an increased fire hazard, and all proper safety precautions must be taken. 7) As a courtesy to neighboring businesses and households, film makers must notify neighbors within two hundred (200) feet radius of the film locations of filming activities at least seventy-two (72) hours prior to the first day of filming at that location. 8) Film activities cannot block or pose tripping hazards for pedestrians' access on sidewalks, pathways, park land, etc. 9) Film activities cannot block parking spaces for longer than the stated limit or block vehicular or cycle traffic in streets or bike lanes unless a film permit is secured. SECTION 6.36.030 Permit Required A film permit is required for all film activities that require the exclusive use of public property. A. Any person desiring a film permit under the provisions of this Chapter shall submit an application on the appropriate form provided by the City Administrator or a designee. Such application must be submitted at least ten (10) working days prior to the date on which such person desires to conduct an activity for which a permit is required. Applications received less than ten (10) days prior to filming will be subject to additional fees. SECTION 6.36.040 Permit Fees Each permit application must be accompanied by a fee, as established by Resolution of the City Council. This permit fee will be in addition to the regular Business License required in Chapter Ordinance No. Page 2 of 6 6.04 of this Code and fees pertaining to the use of public property. In addition, the applicant must pay the actual costs for all City employees the City determines are needed to monitor safety and code compliance for the benefit of film participants and the general public. SECTION 6.36.050 Permit Issuance--Conditions The City Administrator shall issue a permit as provided for in this Chapter when, from a consideration of the application and from such other information as may be otherwise obtained, it is found that: A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety. B. No residential streets will be completely closed to traffic. C. Directly affected residents and businesses will be notified, in writing, at least seventy-two (72) hours prior to any filming. D. The conduct of such activity will not unduly interfere with normal governmental or City operations; threaten or result in damage or detriment to private or public property. Should the City incur costs or expenditures for special accommodations and services, for repairs and maintenance, or for personnel not reimbursed in advance by the applicant, the City shall bill the applicant for such costs. E. The conduct of such activity will not constitute a fire hazard and all proper safety precautions will be taken. F. The conduct of such activity will not require the diversion of so great a number of police officers of the City as to interfere with normal police protection of other areas in the City. G. The conduct of such activity would not unduly affect the public health, safety or general welfare of residents or businesses in the immediate area. SECTION 6.36.060 Appeal The decision of the City Administrator to issue, conditionally issue, or not issue a permit is final unless appealed within ten (10) working days of the decision pursuant to the uniform administrative appeals process in AMC 2.30, except that the hearing officer shall be someone other than the City Administrator or a city employee supervised by the City Administrator. SECTION 6.36.070 Cost of Additional Services If deemed necessary by the City Administrator, additional police, fire, lifeguard and other City services shall be provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid to the City by the applicant. Any additional City services will be provided/coordinated through the City Administrator or a designee. SECTION 6.36.080 Liability Issues A. Liability Insurance: Before a permit for a film and video productions is issued, the applicant must show proof of insurance coverage in an amount not less than two million ($2,000,000) naming the City of Ashland and its officers and employees as additional insureds for protection against claims of third parties for personal injuries, wrongful deaths, and property damage. The insurance coverage must not be subject to cancellation Ordinance No. Page 3 of 6 or modification until at least thirty days after written notice to the City of Ashland. The applicant must provide a certificate of insurance verifying such coverage. The City Administrator may exercise his or her judgment to modify the amount of required insurance coverage after submitting to the full Counsel written justification for the change. B. Worker's Compensation Insurance: An applicant must conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. C. Indemnification: An applicant must execute an indemnification and hold harmless agreement as provided by the City of Ashland prior to the issuance of a permit under this ordinance. SECTION 6.36.090 Filming Regulations A. Advance Notice for Approval: An applicant must submit a permit request at least ten (10) working days prior to the date on which filming is due to begin. B. Cleanup: The permitee must conduct operations 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 shooting at the scene and restored to the original condition before leaving the site. The applicant is responsible for restoring any area damaged or disrupted before leaving the site. If the site is not cleaned, repaired and restored to the City's satisfaction, the City Administrator will arrange to have the necessary work performed and charge the costs of the work to the permittee. C. Filming on Private Property: An applicant is required to obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by the City. D. Public Works Department: If the applicant must park equipment, trucks, and/or cars for extended period where parking is typically not permitted, temporary "No Parking" Signs must be posted. The applicant must also obtain permission if there is a need to string cable across sidewalks, or from a generator to a service point. E. Traffic Control: For filming that would impair traffic flow, an applicant must use certified flaggers or local law enforcement personnel and comply with all traffic control requirements deemed by the City to be necessary. a. An applicant 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. b. 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. c. Any emergency roadwork or construction by the City of Ashland and/or private contractors, under permit or contract to the City, will have priority over filming activities. d. Parking Lots: When parking in a City parking lot, an applicant may be billed according to the current rate schedule established by the City of Ashland. In order to assure the safety of citizens, roads which serve as emergency service Ordinance No. Page 4 of 6 roads, must never be blocked. No relocation, alteration, or moving of signage or structure will be permitted without prior approval. e. Notification: All resident and merchants within a two hundred (200) feet radius of the film location must receive notice of filming at least 48 hours prior to the first day of filming. F. Sanitary Facilities: The applicant must furnish one (1) portable toilet facility for each twenty-five (25) persons or fraction thereof employed if the activity site is over five hundred (500) feet from a public toilet facility or private toilet facility which is made available to applicant and employees and kept open during said activity. SECTION 6.36.100 Conditions--Restrictions The applicant shall comply with any conditions or restrictions the City Administrator may impose as a condition to issuing a permit pursuant to the provisions of this Chapter when such conditions or restrictions relate to the provisions of Section 6.36.060. No changes in the date for which the permit has been issued shall be made without first obtaining approval of the City Administrator, and compliance with the established time limitations. SECTION 6.36.110 Violation A. Violation of AMC 6.36 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 above, including violation of permit conditions, shall be a Class III violation as defined by AMC 1.08 and punishable as set forth in that section. SECTION 6.36.120 Revocation Any conduct that is prohibited by 6.36.060 is a violation of this Chapter and constitutes grounds for the City Council to revoke the licensee's permit for up to one (1) subsequent year. SECTION 2. 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 3. 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 [Nos. 2-3] need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder Ordinance No. Page 5 of 6 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 6 of 6 CITY OF -ASHLAND DRAFT Film and Media Guidelines Overview Thank you for choosing to film in Ashland. 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 Media (SOFAM) at 877-434-5675 during production planning and prior to filming and applying for City of Ashland approvals. Mandatory Requirements All film makers are responsible for the safety of film participants, spectators and the general public throughout the duration of the film production. All film makers are responsible for minimizing inconvenience and disruption to citizens, businesses and city services. All film makers are financially responsible for the liability risk to the City, to the general public and to public property. All film makers with film activities that require street closures or street obstructions, sidewalk closures or obstructions, dedicated parking, the use of city property or facilities must secure a film permit. See Film Permit Application below. All film makers must comply with all city ordinances and policies (including Park and Recreation Department film policies) and are subject to citations and fines if film activities are out of compliance. If you are unsure, please feel free to call the City of Ashland at 541-488- 6002 to discuss your proposed film activities prior to filming. Filming Requirements and Expectations All filming activities whether permitted or not permitted, must be conducted in full compliance with Ashland Municipal Code specifically including; Chapter 9, (Health and Sanitation), Chapter 10 (Public Peace, Morals and Safety), Chapter 11 (Vehicles and Traffic), Chapter 15 (Buildings and Construction), Chapter 18 (Land Use). l Film Guidelines November 2014 I . Before any filming on property not owned or controlled by the City takes place the consent or permission of the person who owns or controls the property is required. 2. The film activity must not threaten or cause damage to public property. 3. 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 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 film maker. 4. The filming must not interfere with normal governmental or City operations. 5. The filming must not result in an increased fire hazard, and all property safety precautions must be taken. 6. The filming must not interfere with pedestrian or vehicular traffic unless a film permit is secured. 7. As a courtesy to neighboring businesses and households, film makers must notify neighbors within two hundred (200) feet radius of the film locations of filming activities at least seventy-two (72) hours prior to the first day of filming at that location. 8. Film activities cannot block or pose tripping hazards for pedestrians' access on sidewalks, pathways, park land, etc. 9. Film activities cannot block parking spaces for longer than the stated limit or block vehicular or cycle traffic in streets or bike lanes. Important to Know. Film Permit Application Please read the following prior to completing the permit application. Required Film Permit A film permit is required for film activities that require street closures or street obstructions, sidewalk closures or sidewalk obstructions; exclusive parking for longer than 24 hours or longer than posted time limits; the use of supplemental lighting in a city park; open flames; pyrotechnics; or exclusive use of exclusive use of City-owned facilities or City-owned property including city parks. Application and Deadline The completed film application must be submitted no later than ten (10) days in advance of filming. Applications submitted less than ten (10) days in advance are subject to a rush fee. See permit fees. Permit Fees The permit fee is calculated based on the number of cast and crew involved in the production, the number of production related vehicles, the number of days for production and whether the production will include film activities in the downtown core. 2 Film Guidelines November 2014 Total Total production Number of Rush Fee Discounted Fee cast and related vehicles production daN s in (if submitted less than 10 (if submitted more than Downtown Core crew Ashland vaorking days in advance) 10 working days in Premium advance) 1-10 1-2 1-3 $50 $25 N/A 11-24 3-4 4-5 $130 $75 $100 25 or 5 or more 5 or more $250 $150 $250 more The fee is determined by the greater number of cast and crew, number of production days, number of vehicles, and whether or not production occurs in the downtown core and when the application is submitted. For example: If the film activity has a total of nine people filming for four days in the downtown core with three vehicles and submits the application more than 10 days in advance, the total film permit fee would be $175 ($75 is the discounted fee plus $100 for the downtown core premium). In addition to the film permit fees listed above, there are additional fees for obstructing or closing a sidewalk, obstructing or closing a street, dedicated parking spaces, use of city-owned property or facilities and city personnel. Those fees and explanations are listed below. Sidewalk Dedicated Street Closure Use of Public Required Closure Parking (per block per Property City (pcr block per Space day) (depends on the Personnel day) (per day) location and/or (to be facility) determined b City) $16 (less than 2 $16 (less $200 TBD Actual cost hours) than 2 hours) $65 (more than $65 (more 2 hours) than 2 hours) Sidewalk Closure Sidewalks may be obstructed or closed for a maximum of 15 minutes at a time and then must be opened for five minutes to allow pedestrian access. The applicant is responsible for hiring the necessary staff to manage sidewalk closures. Dedicated Parking The applicant is required to post city-approved notifications at the reserved parking spaces. Street Closure 3 Film Guidelines November 2014 Streets may be obstructed or closed but must allow access for emergency vehicles. The City traffic engineer will determine appropriate detours and closures for the proposed film activity. The applicant will be responsible for engaging a traffic management company to develop and implement a traffic management plan pending City approval. Use of Public Property and/or Facilities The use of public property and/or facilities is based on location and/or previously scheduled activities. City Personnel The film applicant must pay the actual costs of city personnel that the City has determined to be necessary to ensure the safety of film participants, spectators and the general public. Meeting with City Staff The City of Ashland recognizes that each film activity is unique and a "one size fits all" approach is not realistic or practical. For that reason, once the film permit has been submitted. City staff will meet to review the proposed film activities and locations and then work with the applicant to address the specific details and the applicable permits. Additional Permit Requirements Insurance and Indemnification 1. Proof of liability insurance in the amount of at least two million ($2,000,000) dollars must be provided at the time the permit is submitted and must name the City of Ashland and its officers and employees as additional insured. Liability insurance protects the City against claims for personal injury or property damage that could occur because of production activities. 2. The 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. 3. The Oregon Department of transportation (ODOT) requires a Certificate of Insurance if the filming occurs on ODOT right-of-way. 4. All applicants and or persons, businesses and companies working under contract must conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under the permit. 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, all subcontractors must also have a business license, including security companies, caterers, etc. 4 Film Guidelines November 2014 Notifications to Businesses and Residents The film applicant is required to notify businesses and residents of film activity a minimum of seventy-two (72) 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. Food and Beverage Tax Caters must pay the City Food and Beverage Tax. 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. Clean Up The location(s) of the production activities must be cleaned and restored to pre-filming condition. Miscellaneous Regulations The following table outlines other regulations that may apply to film production activities. These activities will be addressed during the required meeting with City staff. Questions Contact Phone' Possible Permit Will film activities occur in a city park? Parks and 541-488-5340 City film permit Recreation Will apublic address system, bullhorn, Administration 541-488-6002 or amplified music be used? Noise Does filming involve the Plaza? Plaza Permit Will filming interfere with a bus route RVTD, Field 541-482-2770 or schedule? Operation Coordinator Will food be served (open flame, Ashland Fire 541-482-2770 Fire propane tank, etc.)? and Rescue Will filming include tents, canopies, booths, cooking, pyrotechnics? Will filming occur on Highway 99 (e.g. Oregon 541-774-6328 North Main, East Main, Lithia Way, Department of 541-774-6360 Siskiyou Blvd.) or on Highway 66 (e.g. Transportation Ashland Street)? 5 Film Guidelines November 2014 Questions? Call the City of Ashland at 541-488-6002 or via email administration departmentgashiand.or.us (an underscore is required between administration and department). Permit Application Included in this packet is the film permit application, business registration application, indemnity agreement, notification form for businesses and residents, no parking notification, copy of Ashland Municipal Code chapter 16.6 regarding Film Production and a copy of Resolution XXX setting fees. 6 Film Guidelines November 2014 i ASHLAND MUNICIPAL CODE CHAPTER 6.36 i MOTION PICTURE AND RADIO/TELEVISION PRODUCTIONS i I SECTIONs: 6.36.010 Definitions. 6.36.020 Permit Required. 6.36.030 Permit Exemptions. 6.36.040 Permit Applications. 6.36.050 Permit Fees. 6.36.060 Permit Issuance--Conditions. 6.36.070 Cost of Additional Services. 6.36.080 Insurance. 6.36.090 Hold Harmless Agreement. 6.36.100 Conditions--Restrictions. 6.36.110 Cleanup/Restoration. j 6.36.120 Sanitary Facilities. 6.36.130 Violation 6.36.140 Revocation. SECTION 6.36.010 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "Motion picture, radio or -television productions" means all activity attendant to staging or shooting commercial motion pictures, television shows, programs, or commercials, and commercially prepared radio broadcasts. SECTION 6.36.020 Permit Required. No person shall use any public or private property, facility or residence for the purpose of producing, taking or making any commercial motion pictures or television production or for the purpose of any radio broadcast without a permit issued pursuant to the provisions of this Chapter. SECTION 6.36.030 Permit Exemptions. The provisions of this Chapter shall not apply to the following: A. Current news productions including reporters, photographers or cameramen in the employ of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events. B. Productions within studios including motion picture, television, radio broadcasting studios, operating at an established or fixed place of business within the City. C. Productions for charitable purposes including productions which are carried on wholly for a charitable purpose or from which no profit is derived, either directly or indirectly by any individual; provided, however, that such charitable production shall be exempt only from the provisions of Section 6.36.050. D. Classes in audio visual related work, including student, noncommercial or teaching productions which conducted on private property. 1 Page 1 of 4 ! ASHLAND MUNICIPAL CODE i I SECTION 6.36.040 Permit Applications. Any person desiring a permit under the provisions of this Chapter shall make application on the appropriate form provided by the City Administrator, or a designee. Such application shall be submitted at least five (5) working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity required a special use permit, application should be made two (2) weeks in advance. The City Administrator may waive the requirement that applications be filed five (5) 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. SECTION 6.36.050 . Permit Tees. j Each application shall be accompanied by a fee, as established by Resolution of the City Council, and shall augment and be in addition to the regular Business License required in Chapter 6.04 of this Code. SECTION 6.36.060 Permit Issuance--Conditions. The City Administrator shall issue a permit as provided for in this Chapter when, from a consideration of the application and from such other information as may be otherwise obtained, it is found that: A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety. That no residential streets will be completely closed to traffic, and that prior to any filming, the concerned residents will be notified, in writing, two (2) weeks j beforehand. 1 B. The conduct of such activity will not unduly interfere with normal governmental or City operations, threaten or result in damage or detriment to private or public property, nor result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance 1 by the applicant. C. The conduct of such activity will not constitute a fire hazard and all proper safety precautions will be taken. D. The conduct of such activity will not require the diversion of so great a number of police officers of the City as to interfere with normal police protection of other areas in the City. E. The conduct of such activity would not unduly affect the public health, safety or general welfare of residents or businesses in the immediate area. F. The decision of the City Administrator to issue, conditionally issue, or not issue a 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 6.36.070 Cost of Additional ,Services. If deemed necessary by the City Administrator, additional police, fire, lifeguard and other. City services shall be provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid to the City by the applicant. Any additional City services will be provided/coordinated through the City Administrator or a designee. SECTION 6.36.080 Insurance. The City shall require, as a condition of issuing such a permit, that the applicant furnish a certificate of insurance in an amount of five hundred thousand ($500,000.00) dollars for any one (1) occurrence or one million ($1,000,000.00) dollars aggregate to protect the City against claims of third persons for personal j r Page 2 of 4 1 I ( ASHLAND MUNICIPAL CODE j injury, wrongful death or property damage arising out of the permittee's activities. The City shall be named in the policy as an additional insured and copy of the policy shall remain on file with the application. The amount of insurance may be increased by the City Administrator if it is determined that the proposed activity warrants a higher amount. The certificate required by this section shall state that it is not cancelable, nor the coverage reducible except on ten (10) days prior written notice to the City Administrator. SECTION 6.36.090 Hold Harmless Agreement. The applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of any permit. SECTION 6.36.100 Conditions-Restrictions. The applicant shall comply with any conditions or restrictions the City Administrator may impose as a condition to issuing a permit pursuant to the provisions of this Chapter when such conditions or restrictions relate to the provisions of Section 6.36.060. No changes in the date for which the permit has been issued shall be made without first obtaining approval of the City Administrator, and compliance with the established time limitations. SECTION 6.36.110 Cleanup/Restoration. The applicant shall conduct operations 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 shall be cleaned of trash and { debris within four (4) hours of the completion of the activity. The applicant shall be responsible for 1 restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the City's satisfaction, the City Administrator shall have the necessary restoration and/or repairs performed and shall charge the necessary work to the permittee. SECTION 6.36.120 Sanitary Facilities. The applicant shall furnish one (1) portable toilet facility for each twenty-five (25) persons or fraction thereof employed if the activity site is over five hundred (500) feet from a public toilet facility or private toilet facility made available to applicant and employees, which must be open during said activity. SECTION 6.36.130 Violation A. Violation of AMC 6.36.020 [Permit Required] shall be considered a Class I violation, subject to the I limitations of AMC 1.08. B. Any violation of the requirements of this chapter, not addressed in A above, including violation of permit conditions, shall be a Class III violation as defined by AMC 1.08 and punishable as set forth in that section. (Ord 3024, amended, 08/03/2010) 3 I SECTION 6.36.140 Revocation. Anything that is done by the licensee that is prohibited by 6.36.060 is a violation of this Chapter and also authorizes the City Council to revoke the licensee's permit for up to one (1) year. (Ord. 2319 SI, 1984) Page 3 of 4 I c CITY OF -AS H LA N D Council Communication February 3, 2015, Business Meeting Continued discussion of proposed ordinance updates FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY At the January 5 study session, staff presented to the Council a list of 11 issues and gaps in the Municipal Code that could require updating or clarification. At the conclusion of that study session discussion, the Council requested that the city administrator and city attorney prioritize those items based on importance and urgency, then return to the Council with that prioritized list. The administrator and attorney have completed that exercise and determined that updating the code to clarify that the Council has sole authority to establish parking fines is the top priority, followed by establishing criteria for removal of street trees and adding repeat violations of Fire Code to the list of chronic nuisances in AMC 9.18. Staff seeks Council direction on whether to proceed with developing ordinances to address these and/or other issues. BACKGROUND AND POLICY IMPLICATIONS: A list of 11 issues and gaps in the Ashland Municipal Code as identified by staff and, in two instances, by the Public Arts Commission, were presented to the Council at the January 5 study session. At the study session, Council requested that one of the items - quorum requirements for boards and commissions - be scheduled for a future study session discussion. Council also asked the city administrator and city attorney to prioritize the remaining items according to what they felt was most urgent and important. The administrator and attorney independently scored each of the items and created the list shown in the table below. The maximum number of points any item could earn was 20. Urgent Important Total Score Rank Council Authority to establish parkin fines 9 9 18 1 Establish criteria for removal of street trees 7 9 16 t-2 Add repeat violations of Fire Code to the list of chronic nuisances in AMC 9.18 8 8 16 t-2 Limitation on liability for injuries or damage incurred on public trails and unimproved rights of way 7 7 14 t-3 Page I of 4 Ir, CITY OF ASHLAND Fee for citizen appeals of administrative decisions by department heads 5 9 14 t-3 Extension of uniform appeals process to additional administrative decisions 6 8 14 t-3 Variances to decibel noise standards 4 6 10 4 Clarify role and function of City Attorney 4 5 9 t-5 Amend Public Art Code requirement for notifications for selection panels 4 5 9 t-5 Extension of emergency powers 2 6 8 6 A summary description of these items is as follows: 1. Council authority to establish parking fines. The Municipal Code does not expressly grant to the Council the authority to establish parking fines. In fact, it is completely silent on parking fines. The current fine was apparently established by a former municipal court judge more than 30 years ago. The Downtown Parking Management and Traffic Circulation Committee has recommended that the overtime parking fine be increased to $22 from the current $11. We suggest a code amendment to expressly state that the Council reserves the right to establish parking fines and that parking fines be included in the master fee schedule. In addition, AMC 11.24, Parking Regulations, has a section titled "Collections; Enhanced Penalties; Appeals," however this section contains no appeal procedure. Staff recommends clarifying that appeals of parking tickets and fines are the purview of the Municipal Court. 2. Establish criteria for the removal of street trees. Hazard trees are, of course, removed expeditiously. However, we recently received a request from a downtown building owner to remove a non-hazardous street tree in front of his property. This request was denied, but it brought to light that the Code contains no criteria for staff to use in evaluating such requests. Staff suggests adding clarifying language to the Code. 3. Add repeat violations of the Fire Code to the list of chronic nuisances in AMC 9.18, Chronic Nuisance Property. This was suggested by the Police Department following the recent discussion of Will Dodge Way. It is, of course, already a violation the Code to violate AMC 15.28, Fire Prevention Code, but amending the Chronic Nuisance Code to include repeat violations of the Fire Code would give both the Police and Fire Departments an additional tool that would allow the City to shut down or seek civil penalties against a property owner who repeatedly violates the Fire Code. 4. Limitation on liability for injuries or damage incurred on public trails and unimproved rights-of- A statute that became effective in 2012 allows cities with a population under 500,000 to enact ordinances or resolutions granting to certain parties immunity from liability for simple negligence resulting in personal injury or property damage incurred during use of a public trail or unimproved right of way. ORS 105.668. The statute allows for broadening of the traditional scope of recreational immunity in ORS 105.682. The parties afforded this broadened protection would be the City, owners of land abutting the public easement or unimproved right-of-way, and non-profit corporations and their Page 2 of 4 Imo, CITY OF ASHLAND volunteers working on construction or maintenance of a trail or structures in a public easement or unimproved right-of-way in the City. Staff suggests enacting such an ordinance to provide previously unavailable limitations on liability for owners of land adjacent to public trails and unimproved rights of way and for non-profit corporations and their volunteers working on them. 5. Fee for citizen appeals of decisions by City department heads. The recourse of a person aggrieved by a decision of a City department head is, in many cases, to appeal the decision to a hearing officer pursuant to the uniform appeals process in AMC 2.30, after payment of a nonrefundable appeal fee of $150. (Land use decisions of the Planning Commission and a number of other administrative decisions are subject to other appeal processes with different fee requirements.) Where the uniform appeals process applies, the decision of the hearing officer is the final decision of the City. If the appellant loses the appeal, the appellant can be required to pay costs incurred by the City for the appeal, including the cost of hiring an independent hearing officer if the city administrator does not serve in that role. Staff recommends that the Council consider whether the $150 fee for invoking the uniform appeals process should be reduced or should be refundable upon successful appeal, given that appellants already risk having to pay the City's costs and given that a readily-available process for citizen appeals of routine administrative decisions that do not require Council attention is useful from a number of perspectives. 6. Extension of uniform appeals process to additional administrative decisions. The current Code provides for appeals of a number of types of administrative decisions directly to the Council, without requiring exhaustion of the uniform administrative appeals process set forth in AMC 2.30. Examples include direct appeal to Council on administrative decisions about system development charges, termination of utility service, transportation utility fees, and fire alarm permit suspension orders. Staff recommends that the Council consider requiring use of the uniform process in AMC 2.30 for appeals of most of the administrative decisions that now provide for appeal directly to the Council. The Council would then undertake review of most administrative decisions only for determining whether existing ordinances and resolutions are being applied evenhandedly after exhaustion of the uniform appeal process or for determining whether changes need to be made to existing ordinances and resolutions to better reflect Council policies. 7. Variances to Decibel Noise Standards. The Council currently may grant a variance to Decibel Noise Standards if the Council finds that strict compliance would cause an unusual and unreasonable hardship to a commercial or industrial use after first notifying residents within 200 feet of the proposed variance and holding a public hearing. AMC 9.08.100.E(4). Staff recommends requiring a public hearing only if, after sufficient notice has been given, a citizen objects to a proposed variance prior to the Council's decision on the matter. 8. Clarify the role and function of the City Attorney. The right to hire a City Attorney is reserved, by City Charter, to the City Council, and the duties of the City Attorney are spelled out in the Ashland Municipal Code. There have been occasions when it has been necessary for the City to hire outside legal counsel, usually because a matter arises requiring expertise in a highly specialized practice area that we lack in-house. Staff recommends - without compromising the Council's authority to hire legal counsel amending the code to clarify that only the City Council or the City Attorney can determine when outside legal counsel is necessary and the City Attorney is responsible for contracting with and overseeing the work of outside legal counsel. 9. Amend the Public Art Code requirement for notifications for selection panels. Currently, the Code requires that an ad be placed in a newspaper to get people to serve on a public art selection panel. Ads are expensive, have a short shelf life and don't reach the people most impacted by the public art project (i.e., neighbors of the project). The Code also that we place notices on the City web site and send invitations to serve to all property owners within 300 feet of a project. These are better and more Page 3 of 4 FIFF4 CITY OF -ASHLAND effective methods of soliciting participation on selection panels and the newspaper ad provision should be removed. 10. Extension of emergency powers. In an emergency situation, the city administrator may declare a state of emergency, which must include a set termination date, and then seek Council ratification. AMC 2.62.030. Under current Code, if the emergency turns out to be longer than expected, a subsequent declaration of emergency and subsequent ratification is required. Staff recommends minor language changes to make it possible for the Council to authorize the city administrator to declare a continuation of a state of emergency beyond its expected duration upon showing of good cause at a special meeting of the Council. In addition to these proposed Code changes, staff has identified numerous housekeeping and language clean-up items that are not listed here because they have no substantive effect. These non-substantive changes will be brought to the Council in the coming year. Based on the rankings above, staff suggests getting to work immediately on the highest ranked item - Council authority to establish parking fines - with the goal of having this code amendment in place in time for the adoption of the uniform fee schedule this spring. Other items, assuming Council agrees with this order of priority would be worked on in this order as time allows. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests Council direction on how to proceed with addressing these items. SUGGESTED MOTION N/A ATTACHMENTS: None Page 4 of 4 ~A,