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HomeMy WebLinkAbout2015-0505 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 May 5, 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 L CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of April 20, 2015 2. Executive Session of April 20, 2015 3. Business Meeting of April 21, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Historic Commission 2. Proclamation of May, 2015, as National Historic Preservation month 3. Proclamation of May 11-17, 2015, as American Craft Beer week 4. Report to Council on crime in Ashland, Use of Force by the Ashland Police Department, the Enhanced Law Enforcement Area and on-going issues on Will Dodge Way VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] VIII. CONSENT AGENDA 1. Approval of minutes from boards, commissions, and committees 2. Contract for legal services for Douglas M. McGeary 3. Request to transfer ownership of two police patrol vehicles to the City of Phoenix, Oregon, Police Department after they are taken out of service with the Ashland Police Department 4. Contract amendment for economic and financial analysis COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON C14ANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 5. Contract with Jackson County Sexual Assault Response Team regarding the expenditure of pending grant funds in the amount of $69,097.60 to fund the You Have Options Program 6. Approval of contract for GIS software maintenance. 7. 2015 annual appointments to boards, commissions, and committees 8. Amendment to the Intergovernmental Agreement with Jackson County to lease the Ashland Library to the Jackson County Library District 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.) 1. Public Hearing and approval of resolutions titled: "A resolution adopting transportation utility fee schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2014-04" and A resolution adopting a storm drain utility fee schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2014-05" and "A resolution revising rates for water service pursuant to Ashland Municipal Code Section 14.04.030 and repealing Resolution 2014-02" and ,,A resolution revising rates for wastewater (sewer) service pursuant to Ashland Municipal Code Section 14.08.035 and repealing Resolution 2014-03" and "A resolution revising rates for electric service pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2014-06" X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Utility billing surcharge for the Ashland Forest Resiliency project XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending Chapter 11.28 to authorize City Council to establish presumptive parking violation fines by resolution and to clarify determination of fines for single parking violations and their relationship with other penalties for parking violations" 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 1). 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 City Council Study Session April 20, 2015 Page I of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, April 20, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Morris, Marsh, Rosenthal, Voisin, Seffinger, and Lemhouse were present. 1. Public Input (15 minutes maximum) Huelz Gutcheon/2253 Highway 99/Spoke on the transportation safety index. He divided transportation into five sections, transportation, recreation, and exercise, socialize, and spiritualize, and described the first four. Traveling in Ashland without a safety container presented 1.3 million likelihood of incurring body mutilation of some degree compared to a safety container person traveling at 25 miles per hour. However, fossil fuel carbons were killing the planet. This presented the fifth category of spiritual transportation also known as "do no harm." People could drive electric cars instead, learn about climate repair, attain jobs that repair the climate, and have a life. This was not an easy task. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Pavement management strategy Public Works Director Mike Faught explained funding for street maintenance was a problem nationwide. A 2007 Council Communication indicated the City was $2,000,000 short regarding street funds annually. In 2009, staff recommended a pavement management strategy that focused on slurry seals and overlays versus expensive reconstructs. Pavement life cycle was 20 years. If no maintenance occurred, the street would require a reconstruct year 25. An overlay every 15 years extended road life and kept costs down. Slurry seal was a treatment that substantially extended residential roads if done every 25 years. Crack sealing and base repair prevented water from getting into the sub grade. Slurry seal provided a new riding surface and added time to the life of residential roads. The Street Department did not have sufficient staff and needed four temporary employees for six months to prepare roads for slurry seal. The cost per mile for slurry seal was $28,000, or $3 per square yard. Slurry seal did not provide structure. Overlays brought structure and extended road life. Staff usually relied on visual to determine the pavement condition index (PCI). This year they hired a company to measure movement and take core samples on arterials and collectors. Utility Technician Steve Burkhalter passed around core samples and explained the damage incurred from water seeping through asphalt cracks. Cost to maintain the system with overlays every 15 years was $128,000,000. Reconstructing was $285,000,000 and entailed tearing the streets down to the base and fixing possible structural issues. The goal was rebuild on the value of the PCI. Mr. Faught had not received many complaints on the utility cuts and repairs. The slurry seal should not create settling. Staff prioritized overlays first to effectively use available funds. They would look at other funding options for roads on the reconstruct list. Staff would bring funding strategies to Council in October. Siskiyou Boulevard and Ashland Street were eligible to receive possible grant money and subsequently not on the list. The City currently had a street user fee methodology not based on trip generation. Hansford Economic Consulting recommended implementing trip generation rates using customer classes indentified in the Institute of Transportation Engineers (ITE) Manual. City Council Study Session April 20, 2015 Page 2 of 2 Staff confirmed the City did not maintain unpaved roads. Paving gravel roads required neighbors forming a Local Improvement District (LID). Mr. Faught would research and bring back information regarding a Council suggestion for a fee structure based on geography that charged people who lived further away from the downtown core a higher rate. The Public Works Department updated their budget to include the four temporary employees and increased the slurry seal fund from $100,000 to $200,000. 4. Downtown parking and multi-modal transportation ad-hoc committee update Public Works Director Mike Faught explained that staff had hired a new parking consultant, Rick Williams, to complete the plan and help the Downtown Parking and Multi-Modal Transportation ad-hoc Committee with the final stages. The Street Fund would pay the $35,000 to cover consultant costs. It would cost $32,000 for architectural renderings of the downtown study area. The Committee proposed going from three lanes to two lanes on East Main Street, adding a bike lane and truck loading zones. The proposal included a state recommendation to remove the traffic light at Helman Street. It would also eliminate 21 parking spaces including those in front of Brothers Restaurant. The plan placed new traffic lights at Oak Street and Main Street as well as Oak Street and Lithia Way for pedestrian traffic. The signals would synchronize with other lights on each street. The proposal would establish truck-loading zones, one per block on both sides of the road until 4:00 p.m. when the area became parking. This would increase sidewalk area up to three feet in certain areas. Trucks could also use side streets as loading zones if needed. The Public Works Department hired Traffic Engineer Kim Parducci to review downtown transportation. The Committee struggled with additional parking structures versus distribution. Mr. Williams would help resolve those issues. Next steps included the Oregon Department of Transportation (ODOT) State Transportation Program (STP) process. The City hired Al Densmore of John Watt Associates to assist with funding and lobbying that would cost $2,500 a month. Meeting adjourned at 6:40 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Ashland City Council Meeting April 21, 2015 Pagel of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 21, 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 Marsh, Morris, Lemhouse, Seffinger, Rosenthal, and Voisin were present. MAYOR'S ANNOUNCEMENTS APPROVAL OF MINUTES The minutes of the Study Session of April 6, 2015, Executive Session of April 6, 2015 and Business Meeting of April 7, 2015 were approved as amended on page 7 of the Regular Meeting minutes, second paragraph, third sentence should read "The weakness was Travel Oregon" removing the word "not." SPECIAL PRESENTATIONS & AWARDS 1. Annual winter shelter program update Mark Wieczorek explained he was the Social Justice and Action Committee Director from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) who worked in partnership with Temple Emek Shalom and the City Winter Shelter Program at Pioneer Hall. Heidi Parker was the volunteer coordinator for the shelter. Karen Amarotico and Russ Otte were shelter representatives for the First Presbyterian Church and the Trinity Episcopal Church shelters. Mr. Wieczorek explained the shelter at Pioneer Hall provided 1,105 nights of sleep on Tuesday and Thursday nights. Guests consisted of 849 men, 256 women with an average of 25 people and 2 dogs per night. Three unsheltered males died this winter in Ashland, one a regular guest at the shelter. Ms. Parker added from mid November to mid April Ashland volunteers provided overnight shelter to the homeless four nights a week from Monday through Thursday. The First Presbyterian Church on Monday nights, Pioneer Hall Tuesday and Thursday nights, and Wednesday nights at the Trinity Episcopal Church. There were no emergency shelters activated. The four shelters combined provided 88 nights of shelter. Some volunteers spent the night at the shelters, some brought food and warm beverages, and others cleaned up. The total number of volunteers was 73. The Presbyterian shelter utilized 17 volunteers. The Episcopal shelter had 25 volunteers. Pioneer Hall had 13 volunteers on Tuesday nights and 18 for Thursday nights. She thanked everyone who participated in this endeavor. Karen Amarotico was the shelter coordinator for the shelter at First Presbyterian Church that provided shelter for 408 guests for an average of 19 per night. The lowest number was 14 and the highest 33. First Presbyterian Church tried to provide warm meals since this was the first shelter night after three nights of no shelter. She shared comments and gratitude from guests and volunteers. Russ Otte, the shelter coordinator for Trinity Episcopal Church Wednesday night shelter for the third season, hosted 521 guests over 22 nights, 411 men, and 109 women, l child and various pets. This was a 15% increase over the previous year and caused capacity issues. Another issue was volunteers. Many of the Trinity Episcopal Church volunteers were aging. They did not know why the increase occurred over the mild winter and noted there were regular guests and others who appeared to be traveling through town. Other guests were homeless employed people. Ashland City Council Meeting April 21, 2015 Page 2 of 8 2. 2015 Potential Drought Plan Public Works Director Mike Faught addressed the water supply and explained snow pack was worse than the previous year. The snow depth for Caliban in 2014 was 38 inches and this year was 9 inches. Ski Bowl Road had I I inches of snow in 2014 and this year zero. The weather was not predicting a substantial amount of snow over the next two weeks and staff was starting to prepare for the 2015 drought. The Talent Irrigation District (TID) supply was the same as 2014. TID will turn the water on May 4, 2015 and shut down the second or third week of September. The Talent Ashland Phoenix (TAP) Intertie permanent pump station was an 18-month project and would not be completed by summer. Staff would bring in the temporary pump this year for two months at a cost of $47,000. The City planned to ask customers to voluntarily cut back and conserve water usage. Staff planned to keep Reeder Reservoir as full as possible for water use at the end of the summer. The City would supplement water with TID before using TAP. Conservation Specialist Julie Smitherman explained there were small and large changes people could do to help minimize the impact of drought and use water more efficiently without diminishing the quality of life. There were watering techniques and tools people could implement. One was not overwatering in the spring. Another watering technique was the cycle and soak method that would create deeper roots and drought tolerant plants and tree. Staff was currently working on a Surviving Drought 101 guide with the help of a Southern Oregon University (SOU) student from the Environmental Studies Department that should be ready in June. She addressed prioritizing landscape as the drought began and thought the most important thing in the landscape was the trees. Another SOU intern was helping the City develop a tree care guide that would outline criteria for different trees. A tree needed approximately 10 gallons of water per inch of trunk diameter. Trees less than two years old would need water once or twice a week during the summer. Established trees would need watering once every other week or once a month depending on soil factor, tree type, and proximity to other water ways. The city would continue to run the lawn replacement program that resulted in a water savings of 10,000-15,000 gallons per resident, per summer. The City would continue free irrigation evaluations. The City also had a Water Wise Landscaping website and other information for water conservation as well as free aerators and showerheads. Mr. Faught added the City would reactivate the Multi-modal Departmental Curtailment Committee, purchase new water wise signs, place ads in the local paper, the Oregon Shakespeare theatres, table top cards for restaurants and towel and bedding cards for the hotels. Staff would meet with the TID users who would lose their water rights again this year. Last year and this year, users would use TID water until the City needed to supplement city water. Once that happened, the property owners would either use drinking water or create an alternative. Mr. Faught addressed TAP and explained the reasons for running TAP water for a month each year was typical to ensure it ran flawlessly in the event of an emergency. He would provide the cost at a future meeting. Ms. Smitherman clarified watering new trees at the base of the trunk and to the canopy edge for mature trees. 3. AFR/AFAR update Mayor Stromberg provided background on funding the Ashland Fire Resiliency (AFR) project. The AFR/AFAR team consisted of Chris Chambers, division chief for Ashland Fire and Rescue, Erin Kurtz, district conservationist for the Natural Resources Conservation Service (NRCS), Darren Borgias, the South Western Oregon program director for The Nature Conservancy (TNC), Executive Director Marko Bey of Lomakatsi Restoration Project, and Don Boucher, AFR project lead from the US Forest Service (USFS). The group went on to respond to the following questions: Ashland City Council Meeting April 21, 2015 Page 3 of 8 1. What is AFR and when did it start? Mr. Boucher explained AFR was conceived in 2003 to protect water quality and quantity, late-successional habitat, human life and property in the interface, and ecological sustainability. In 2004, the community created an alternative to the AFR proposal with two major goals. One goal would remove hazardous fuels, and encourage more resilience in the stands. 2. Why is AFR important to Ashland - what do we stand to gain and lose? Mr. Borgias and Division Chief Chambers explained the goals of the AFR project was preserving quality of life, access to recreation, and the spiritual renewal the surrounding forests provided. A midpoint estimate of what would happen in the event of a severe wildfire in the watershed that created erosion and filled the reservoir was $20,000,000. This did not take into account firefighting costs, home loss and property damage or the loss of use of recreational purposes and tourism. The Nature Conservancy got involved to help integrate the needs of the community and the needs of natural systems with the project. The work helped protect a late-successional reserve established under the Northwest Forest Plan. It helped protect critical habitat for endangered species that depended on old growth forest and rebalanced closed and open forest canopies. The AFR project set the stage to manage fire going forward. Ashland was a model for proactive community engagement in federal land management. Eventually a fire will escape immediate suppression and the work AFR was doing would help ensure the area received the benefits of the fire and not just the catastrophic outcomes. 3. What are the AFR partners' roles and how has that translated into financial agreements and work accomplishments? And what does the future hold for AFR? Mr. Boucher explained the partners' signed the master stewardship agreement in 2010 and were half way through the agreement. Each partner brought a unique role to the collaboration. The USES funneled money into the project and the partnership did the planning and implementation within the guidelines of the record of decision. The City provided the community engagement piece. The Nature Conservancy monitored the project. Lomakatsi Restoration Project brought the workforce and workforce-training piece. The USFS provided oversight and kept the project moving forward. They were five years into the project and shifting to maintenance on previously treated areas while completing the remaining untreated half that would be completed 2020. 4. Where do we stand now with funding ad how did we get here? The project initially received over $6,000,000 with approximately $695,000 remaining after five years that was identified for work. This year AFR received $1,700,000 from the Joint Chief's landscape Restoration Partnerships program as well as $1,000,000 from the US Forest Service for hazardous fuels reduction funding. April 20, 2015 AFR received $150,000 of Forest Healthy Protection funding to treat legacy trees. 5. What role did community involvement play in our current funding and what is the City's role going forward? Division Chief Chambers explained AFR would not exist without community involvement. The community was responsible for generating the community alternative now incorporated into the AFR project. The Watershed Art Group formed. The Ashland Chamber of Commerce published a map of the watershed. The money the City contributed in the current biennium made an impression in Washington DC that a municipality would invest in federal land. It helped leverage money recently received for the project, and directly $175,000 in matching funds from the National Forest Foundation. 6. What does "ecosystem services collaboration" mean?, and "cohesive wildfire strategy" and how does Ashland fit into these concepts)' Ecosystem services, also considered "nature's benefits" consisted of a combination of intrinsic and Ashland City Council Meeting April 21, 2015 Page 4 of 8 instrumental values. The Cohesive Strategy brought together all levels of communities, government, non- government organizations into one policy and plan to manage wildfire on a landscape scale. It brought in Fire Adapted Communities, Resilient Landscapes, and Fire Suppression/Response. The Fire Adapted Communities was strong in Ashland with a position in the Fire Department. Ashland would experience longer fire seasons and an increased risk for fire with climate change. 7. What is AFAR? What is its relationship to AFR and how does its path forward relate to AFR's? Ms. Kurtz explained that AFAR stood for Ashland Forest All-Lands Restoration project. AFR, through the stewardship agreement and work through core partners focused mostly within the Ashland watershed proper and implemented on federal public lands. The Natural Resources Conservation Service (MRCS) was a department under the US Department of Agriculture. Ms. Kurtz worked with private landowners to implement conservation treatments on all agricultural lands and non-industrial private forestlands. There was a total of 52,000 acres from Wagner Butte to Immigrant Lake and they would target 4,200 acres of private land through AFAR using a cross boundary approach. NRCS committed $1,000,000 for treatments on private lands. 8. What are the socio-economic benefits of AFR/AFAR for Ashland and the Rogue Valley? Mr. Bey explained they were able to sustain 17 full time equivalent (FTE) jobs and employed 200 people throughout the year constituting a five-month season of a regular eleven-month forestry season for crews. AFR partnership developed and maintained the implementation capacity over the past five years. Lomakatsi was implementing the work with the City of Ashland, AFR partners, and had hired ten additional contractors. They lodged and shopped in Ashland bringing local economic benefit. AFR sent 3.5 million board feet of timber to local mills. They supplied Jackson County Fuel Committee with firewood for those in need. Approximately 150 forest workers had participated in workforce training. The Lomakatsi Youth Program had engaged 2,000 young people through local schools in Ashland and the Rogue Valley with hands on Restoration Forest Stewardship education. Ashland Watershed Youth Training and Employment program was in its third year. Mayor Stromberg concluded with a quote from Elizabeth Reinhardt, the Assistant Director of Fire and Aviation Management at the USFS supporting AFR and AFAR. PUBLIC FORUM Linda Cook/1389 Foss Road, Talent OR/ Explained that five days earlier, she lost her job because people in Ashland contacted her employer and said they would not go into the establishment if she remained an employee there. She thought this happened because she was a whistle blower who did not ignore corruption, nepotism, kleptocracy, social illness, human trafficking, and human rights violations, trading, hazing and bribes and stated the City of Ashland had participated in all of these. All of the incidences were reported and a case filed with the US Attorney General, the FBI, and President Obama's office as well as the ACLU. She would continue to be heard on all levels of government to prevent this type of targeting until she was treated the same as all other citizens in this community. CONSENT AGENDA 1. Approval of minutes of boards, commissions, and committees 2. Liquor license application for Sean Simpson dba The Playwright Public House 3. Liquor license application for Jamie North dba Flip 4. Liquor license application for Haggen Opco North, LLC dba Haggen 5. Approval of an intergovernmental agreement for Hersey St. sidewalk construction project right- of-way services 6. Ambulance operator's license renewal Councilor Rosenthal/Voisin m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion Ashland City Council Meeting April 21, 2015 Page 5 of 8 passed. PUBLIC HEARINGS 1. Public Hearing on the 2015 Community Development Block Grant Award and CDBG action plan development Housing Specialist Linda Reid explained the City received five applications for $201,718 in available Community Development Block Grant (CDBG) funds. Two applicants submitted applications for the Public Service section that made up 15% of the total annual allocation for approximately $24,832. The entire amount was available for capital improvement projects and the City received three applications. Senior Planner Brandon Goldman noted a disparity in recommendations made by staff and the Housing & Human Services (HHSC) Commission. Staff recommended distributing fund awards to four of the applicants with Options for Homeless Residents of Ashland (OHRA) receiving zero funding with a request to apply in subsequent years when they were ready to proceed. The HHSC requested Council award all five applicants, provide $100,000 to OHRA, and reduce the awards to Rogue Valley Habitat for Humanity and Ashland Supportive Housing accordingly. All five applicants were eligible for CDBG fiords. Staff reviewed readiness to proceed and whether a project was likely to expend the awarded CDBG funds within the year. The Department of Housing and Urban Development (HUD) had a timeliness standard where the City had to expend funds the same year awarded but in no case accumulate more than 1.5 times the annual allocation carried over to the following year. In the event the City exceeded that, the City had to demonstrate to HUD the fund would be spent within a twelve- month period. If an applicant was unable to complete their project, in this case, the $100,000 requested for OHRA, or they were unable to complete the acquisition within that timeline the City was at risk of having the funds recaptured by HUD. Ms. Reid further explained HUD would run the timeliness test in May. There was $50,000 carried over from this year into next year. If the organization was unable to show they had raised a substantial amount of money and was unable to go further, the City could most likely expend $50,000 in a shorter amount of time than $100,000. Staff based the decision on getting the money out of the account before HUD ran the test. Public Hearing Opened: 8:44 p.m. Mary Ferrell/Maslow Project/Explained Maslow Project was a social service agency providing wrap around support to homeless children and families in Ashland. The goal was ensure all homeless children had the opportunity to stay in school and earn a high school diploma. Cheyenne Nichols, project case manager, had worked with 103 children who met the criteria. They identified 28 individuals from five different families that were homeless and now housed. Last year Maslow graduated 100% of their homeless seniors and was on track this year to graduate all seniors with 62% already enrolled in college. She went on to describe the credentials of Maslow Project case managers. Cheyenne Nichols/Maslow Project Case Manager/Spoke on the collaboration within the community that contributed to the Maslow Project success and the importance of having a branch in Ashland. Rich Hansen/St Vincent De Paul/Explained the $19,000 grant St Vincent De Paul received the year before enabled them to help 21 Ashland households for a total of 36 residents. Of the 21 families, 15 were homeless. St Vincent De Paul spent approximately $900 in HUD funds per family. In addition to the CDBG award, they spent over $53,000 of their own funds on rent relief. Charlotte Dorsey/St Vincent De Paul/Spoke on being a volunteer with St Vincent De Paul and the challenges that occur from working with the homeless community. The grant award allowed them to focus successfully on assisting the homeless. Ashland City Council Meeting April 21, 2015 Page 6 of 8 Denise James/Habitat for Humanity/Explained she was the executive director for Habitat for Humanity. The $80,000 grant award would help them continue the Low-Income Homeowner Repair Program in Ashland. She noted other donations received that helped the project further. The project was new with critical home repair and smaller repairs under the A Brush with Kindness project. The program started the year slow due to hiring and training staff, establishing policies but was gaining momentum. Councilor Voisin/Rosenthal m/s to extend Public Hearing until 10:30 p.m. Voice Vote: all AYES. Motion passed. Tabitha Wolf/Ashland Supportive Housing and Community Outreach/Explained she was the development coordinator for Ashland Supportive Housing (ASH). The special needs home remodel included demolishing the laundry room to extend the space of the current living area 10-feet then building a new laundry room next to the bathroom. Adding the solar panels would produce a savings in the utility bills within five years. The home would house five individuals on a rotation basis. She went on to clarify the estimates. The main priorities were the concrete project and the laundry room demolition. They could separate the solar project from the others if needed. Leigh Madsen/Options for Homeless Residents of Ashland (OHRA)/Explained OHRA served 776 individuals since they opened. OHRA helped house over 30 families and 18 individuals attain employment. He listed the agencies that came to OHRA to help people in need. Acquiring a facility would allow more services and provide winter shelter for the homeless. John Wieczorek/ Options for Homeless Residents of Ashland (OHRA)/Addressed the Council Communication that would award OHRA only $50,000 of the $260,000 requested due to the timeliness rule. They would not reach their funding goal to acquire a new building if they received $50,000. They understood the HUD rule. OHRA developed their capital fund drive, attended non-profit board training, and established a fund raising sub-committee. The current location was ideal and securing the building secured the Ashland Community Resource Center and the homeless shelter program for the long-term. The Masonic Temple was interested in selling the building to OHRA but could not commit to yes at this time. Currently OHRA could allocate $15,000 from their accounts. The general funding campaign would correlate with the board's training on fund raising. They noted other funding mechanisms OHRA was researching. The CDBG award would leverage funding efforts from other agencies. Public Hearing Closed: 9:29 p.m. Councilor Seffinger left the meeting at 9:30 p.m. City Administrator Dave Kanner supported the staff recommendation. The CDBG program was set up to provide funds for programs agencies would use now. The OHRA proposal would bank money to match future grant opportunities. Councilor Voisin provided examples where the City allowed an agency to bank funds and thought this was a similar opportunity. Councilor Marsh/Rosenthal m/s to award $17,432 to St. Vincent De Paul-Home Visitation Program and $7,400 to the Maslow Project for Case Management Services. DISCUSSION: Councilor Marsh commented on the outstanding services each program provided. Councilor Rosenthal concurred. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Rosenthal, and Marsh, YES. Motion passed. Councilor Voisin motioned to direct staff to draft the 2014 Annual Action Plan for the use of Community Development Block Grant funds reflecting the award of CDBG funding for the 2015-16 programs as follows: $16,156 to Ashland Supportive Housing; $60,000 to Habitat for Humanity Rogue Valley and $100,000 to OHRA building acquisition with the stipulation that they secure additional Ashland City Council Meeting April 21, 2015 Page 7 of 8 funding to assist with the acquisition by March 1, 2016. Motion denied for lack of a second. Councilor Marsh/Voisin m/s to direct staff to draft the 2014 Annual Action Plan for the use of Community Development Block Grant funds reflecting the award of CDBG funding for the 2015-16 program as follows: Award $76,886 to Ashland Supportive Housing; Award $50,000 to Habitat for Humanity Rogue Valley, and Award $50,000 in funds to be placed in reserve for OHRA with the stipulation that the City will re-evaluate that award. DISCUSSION: Councilor Marsh commented on the benefits the Ashland Supportive Housing and Habitat for Humanity provided the community. Allocating $50,000 to OHRA was an impressive amount and would not incur a timeliness issue the following year. OHRA was doing terrific work and they used the building well. Councilor Voisin thought the $50,000 would be helpful, wanted it to be more, and hoped it would help leverage as much as it could. The City gave OHRA $100,000 to develop services and they used the money well. Councilor Lemhouse was concerned they received different recommendations from staff and the Housing and Human Services Commission regarding OHRA. He thought the $50,000 would help boost their fund raising program. Awarding a large amount put the City at risk and did not seem fair when Ashland Supportive Housing was ready to start their project and spend the funds. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Rosenthal, and Marsh, YES. Motion passed. 2. Public Hearing and decision on the 2015-2019 consolidated plan for use of Community Development Block Grant funds Housing Specialist Linda Reid Explained the 2015-2019 Consolidated Plan was a five-year strategic plan to provide an outline of action for the community as it worked toward meeting the identified housing and community development needs for low and moderate income households. The plan was required by the Department of Housing and Urban Development (HUD) as a management tool to monitor performance and track federal funds provided through the formula grant program. The 2015-2019 Consolidated Plan spending priorities were similar to those included in previous plans. The primary goals of the CDBG program over the next five year period was create and maintain affordable housing units and units occupied by low and moderate income and presumed benefit populations, support services for homelessness, outreach, prevention, and transition, support housing and services for people with special needs, improve safety and access in neighborhoods and throughout the city. Improve transportation options for low-income and special needs populations and support economic development activities that assist in reducing poverty in low-income and special needs populations. Councilor Rosenthal thought the 2015-2019 Consolidated Plan was insightful, strategic, and done well. Public Hearing Opened: 9:58 p.m. Public Hearing Closed: 9:58 p.m. Councilor Voisin/Marsh m/s to approve the 2015-2019 Consolidated Plan for use of Community Development Block Grant Funds. DISCUSSION: Councilor Voisin thought the document was well written and provided a basic plan the City was proud to follow. Councilor Marsh agreed. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Rosenthal, and Marsh, YES. Motion passed. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending Chapter 11.28 to authorize City Council to establish presumptive parking violation fines by resolution and to clarify determination of fines for single parking violations and their relationship with other penalties for parking violations" Ashland City Council Meeting April 21, 2015 Page 8 of 8 City Attorney Dave Lohman explained the first three parking citations was $11 and comprised of $7 fine and a $4 surcharge to pay for parking improvements, leases, and bonds to pay for parking improvements. The fine for 15 Minute parking was $15. The fourth citation incurred a $25 penalty. The ordinance added the $25 penalty after the third parking citation but Diamond Parking did not have the ability to apply the penalty after three fines. The fifth citation was $50 and the sixth went back to $11. Fines not paid within 10 days received a $10 penalty, 30 days resulted in a $30 penalty, and a $50 penalty for fines not paid within 50 days. If an individual took the fourth citation to court and it was dismissed, it went back to three citations. The issue came up due to the Downtown Parking and Circulation Committee reviewing how to maximize the limited capacity for parking and increase turnover to make better use of that capacity. The City of Medford charged $25 for parking citations. In 2014, Ashland had 11,474 parking citations downtown. Of those, 419 were appealed to the municipal court, 104 were dismissed, and 235 were reduced to zero. To date in 2015 there were 73 vehicles with four or more citations. Diamond Parking estimated they spend 18 hours a month dealing with administrative issues related to appeals. Mr. Lohman had several goals regarding parking fines. One was reduce violations, increase turnover, and more fairly share the existing parking capacity downtown. The second goal was clarify who set parking fines and define the process. The third was correlate references in the two different chapters. A fourth goal would clarify penalties and fines. A fifth goal would set a legal standard for deviating from presumptive fines. The legal standard required legal grounds. Municipal Court Judge Pam Turner had concerns regarding the legal standard and wanted to address Council or staff on the issue. Mayor Stromberg also spoke to Judge Turner and invited her to come to the next Council meeting when parking violations were on the agenda and present on the topic for fifteen minutes and in the interim submit something in writing. Councilor Marsh/Lemhouse m/s to table the item until the May 5, 2015 meeting. Voice Vote: all AYES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced the Wildlife Mitigation Commission would have the fourth annual Firewise Clean-Up Day Saturday, April 25, 2015, 9:00 a.m. to 4:00 p.m. at the Valley View Transfer Station. The Public Arts Commission was exploring vinyl wraps for utility boxes instead of painting. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:29 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor %n) G 4 0%n) 4 OZZP-~ 40 ~Ye IrIN vi~,--~ .Og 1 D.~ g e- g g o v : G G J , 0 0 o v~ o o 0 0 0 /y o~p~ po~ Y'l PROCLAMATION 7 a • Historic preservation is an effective tool for managing growth revitalizing neighborhoods, fostering local pride and maintaining community character while y 1 enhancing livability, The historic houses and buildings of Ashland help make our City unique and➢ c~ fr ~ provide links with aspirations and attainment of the City's pioneers and their descendants. ~V~ ' j • These fine examples of Nineteenth and Twentieth century buildings contribute to d ~ an appreciation of our heritage. _ • Historic preservation is relevant for communities across the nation both urbane and rural, and for Americans of all ages, all walks of life and all ethnic D " t backgrounds. s Uv h • It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people. • National Historic Preservation Month is in May. Ashland has selected May 17 - o~ 23, as Historic Preservation Week. Ashland's celebrations are co-sponsored by the City of Ashland's Historic Commission and the National Trust for Historic ~ ~r Preservation. y ~ g ' K NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, do proclaim May, 2015 as~ "National Historic Preservation Month" P ° `d and call upon the people of the City of Ashland to join their fellow citizens across t S the United States in recognizing and participating in this special observance. r Dated this 5th day of May, 2015 John Stromberg, Mayor Barbara Christensen, City Recorder aoo -1 00 ~ TA NEI 1Z 4~. Y y Y o ° f PROCLAMATION N N • American Craft Beer Week is annually celebrated in breweries, x t restaurants, and beer stores by craft brewers and home brewers ° nationwide; Our local breweries continue to grow their businesses in the city of . ° ° Ashland and the greater State of Jefferson; t 3,400-plus American craft brewers employ over 115,000 full- and part- time workers and annually generate more than $3,000,000,000 in wages )W and benefits° American craft brewers support American agriculture by purchasing barley, malt, and hops grown, processed, and distributed in the United y Q~ States; And our local breweries are actively involved in the Ashland community _ through philanthropy and sponsorship of community events; On,( C ~J NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of °t-~ Ashland, herby proclaim May 11 - 17, 2015 as c'I A, - "American Craft Beer Week" And encourage all citizens to support the goals and ideals of American Craft Beer r Week, as founded by the Brewers Association, to recognize the significant contributions of our local breweries to the city of Ashland's economy and to ~)e{(~ P~ celebrate and appreciate the accomplishments of all craft brewers through events T at our local breweries. Dated this 51i' day of May, 2015 oo John Stromberg, Mayor ~J Barbara Christensen, City Recorder _ 10 j f" -F W 0 g g a ~r P .a $ P a wa ~m u Lon PAID O n CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting Report to Council on crime in Ashland, Use of Force by the Ashland Police Department, the Enhanced Law Enforcement Area and on-going issues on Will Dodge Way FROM: Warren Hensman, Deputy Chief of Police, warren.hensmangashland.or.us SUMMARY In 2008, the Council directed the Police Chief to make an annual report on crime in the City of Ashland and use of force by the Police Department. BACKGROUND AND POLICY IMPLICATIONS: During 2014, the APD used force a total of 32 times. This is up slightly from 2013 (28) and still down from 2012 (41). Twenty-nine percent of these incidents did not involve more than a subject being forced to the ground or against an object. There were two TASER deployments and only one activation of the TASER. Two subjects were pepper sprayed. Nine subjects were subjected to control holds and eight to targeted strikes by officers. There were a total of 17 injuries reported due to confrontations in 2014. Six injuries to officers were reported and I 1 to suspects. None of the injuries rose above the level of minor cuts and scrapes. Drugs and/or alcohol were a factor in 50% of the incidents. In 2014, each Ashland officer received approximately 22 hours of use of force training. Crime rates are based on the number of Part One crimes occurring in a jurisdiction. Part One crimes are those that are reported annually to the FBI for inclusion into the Uniform Crime Report. They are Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft and Larceny. In 2014 the Police Department took 630 reports of Part One crimes occurring in the City of Ashland. This is a 10% decrease from 2013. Violent crime is defined as Homicide, Rape, Robbery and Aggravated Assault. There were 21 violent crimes reported in Ashland in 2014 and 25 violent crimes reported in 2013. This is a 16% decrease. In 2014 the Police Department cleared 35% of all Part One cases, and 90% of violent crime. The Enhanced Law Enforcement Area ordinance has been in effect since August of 2012. 2014 gives us our first look at a year-by-year comparison to examine how the ELEA is performing. In 2014, 16 expulsion orders filed were granted by the municipal court. This was the result of 147 violations or crimes occurring in the downtown area that qualified under the ELEA ordinance. The best way for us to track problems in the downtown area is through calls for service of disorderly behavior. This is because a call for service is generated anytime an officer takes action, or a citizen complains regardless of the outcome of the complaint. In 2014, APD responded to 199 calls for service in the downtown area for disorderly behavior. This is a 25% decrease from 2013 (264) and a 35% decrease from 2012 (310). Page I of 2 CITY OF ASHLAND The APD has been working with the City Administrator and the City Attorney's office to address some issues that have come up regarding particularly negative behavior exhibited by a small number of people in the downtown area. We have examined several options to address this on-going problem, such as expanding the geographic boundaries of the ELEA to include Bill Patton Gardens, expanding the list of qualifying violations to include smoking marijuana in public, addressing architectural and use issues at the Black Swan, and considering an ordinance that requires dogs in the downtown area be vaccinated or licensed. There have also been a significant number of complaints arising out of the operation of the Vinyl Club and O'Ryan's Irish Pub, which are now operated by the same owners. In response to these complaints staff has tried several different approaches to mitigate the problems. The APD has been working with the City Attorney's office to amend the city's chronic nuisance ordinance to include overcrowding and certain right-of-way-infringement violations as qualifying violations. The APD has run several plain clothes operations in the downtown area, with an emphasis placed on investigating violations by bar staff/management as well as violations by patrons and pedestrians. Each operation has seen multiple incidents generated for a wide array of violations. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: The Council can accept the report as presented or request the Police Chief provide additional information. SUGGESTED MOTION: N/A ATTACHMENTS: None Page 2 of 2 Imo, Minutes for the Conservation Commission March 18. 2015 Page 1 of 3 MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, March 18, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Marni Koopman called the meeting to order at 6:05 p.m. in the Siskiyou Room. Commissioners Thomas Beam, Mark Weir, Roxanne Biegel-Coryell, Jim McGinnis, Risa Buck, Jim Hartman and Councilor Mike Morris were present. Staff member Adam Hanks was present. Commissioners Shel Silverberg and Bryan Sohl were absent. 2. Consent Agenda Buck/Weir m/s to approve the minutes of February 25, 2015, with amendment showing Koopman called the meeting to order, not Weir. Voice vote: All Ayes. Motion passes. 3. Announcements The next commission meeting will be held on April 29, as the usual meeting date is the same week as the Earth Bowl and the commission would like maximum participation at both. The climate and energy subcommittee will meet on April 1 and 15 at 2:00 pm. Earth Bowl will take place on April 20, from 6:00 - 8:00 p.m. at the Ashland Middle School auditorium. The annual FireWise clean up day will be April 25th this year from 9:00 am - 4:00 pm at the Valley View Transfer station. 4. Public Forum Huelz - Informed the group that at the City Council Study Session on Monday there was a presentation regarding the WISE Project, which was very informative. He encouraged the group to learn more about the presentation. He would like the City to create a policy for procuring solar generators. He explained some of the challenges of financing solar power (high initial expense) and how it will require creative financing to overcome those challenges. Currently, solar power is really only available to the wealthy. The City needs to hire an MBA to come up with ways to finance these projects. Also he would like to have an award system where each year the best panel installation would get awarded with a percentage of the cost of the system being refunded. 5. Reports/ Presentations/ Updates Introduction of Compost Class Instructor- Buck informed the group that she asked the new instructor to postpone, as she was concerned about the length of the agenda for this meeting. He will come next meeting. Council - Councilor Morris thought the Climate Action Plan presentation on Monday night was well received by the Council. He hopes that it can proceed and be finished without being too politicized. He believes that this is a good group work on it with good ideas. Gave a brief overview of the WISE project and how it involves the use of TID. He's concerned it would change the hydrology of the entire area. The group asked how to get the community to show support for the Climate Action Plan without becoming political. Morris suggested that they Minutes for the Conservation Commission March 18, 201 Page 2 of 3 encourage folks to attend public forums and to encourage Council individually but understand that Council gets hundreds of e-mails a day on some topics. City Conservation & Operations - Hanks informed the group staff member, Julie Smitherman will be at the next Commission meeting to discuss drought issues and to take questions regarding water conservation. We currently are preparing to release an RFP for a facilities water audit, staff is just waiting to see if Parks will join us or do an audit separately. Hanks spoke to the group about the positive progress which continues at the wastewater treatment plant and how we have some new projects going for energy savings which are all BPA finding eligible. He stated that because of the work done at the wastewater plant the water treatment plant manager is starting to look for projects for energy savings as well. Earth Boid - Hartman is currently reviewing the questions submitted for the test. So far the questions are pretty challenging but will be good for the competition. Weir stated that they already have five team signed up to compete. He has put together a study guide packet with resources for all the questions as well as some sample questions. There are SOU students who will be acting as coaches for the teams. The trophy is almost completed. The subcommittee is reaching out to lots of media outlets to get the word out regarding the competition. Fourth of July - Buck informed the group that the subcommittee decided that they would do a visual of how much trash an average household creates per year. It will be similar to previous parade entries, but the group will not be at the end of the parade, nor will they be collecting trash or recycling. Instead this will be an educational opportunity for spectators. Group suggested maybe adding in a component showing how much trash created could be reduced by using recycling. SOU Quarterly Update - Biegell-Coryell reviewed the update which was included in the packet. Was encouraged by all the recent successes. She also highlighted the upcoming Arbor Day celebration on April 8`", as the tree of the year is on the SOU campus. 6. Old Business Sneak Preview Column - Due to timing issues, Weir suggested that the water conservation article get swapped with the Climate Action Plan article. Hartman reminded the group that a picture can be submitted with the article. Group gave a few minor suggestions for editing the Climate Action Plan article. Weir/Buck m/s to approve the Climate Action Plan article, with the proposed edits. Voice Vote: All Ayes. Motion Passes. Biegell-Coryell/Buck m/s to approve the Water Conservation article with any edits the group sends in time for the May edition deadline. Discussion: Hanks suggested that the city's water url be included in the article. Voice Vote: All Ayes. Motion Passes. Upcoming column topics: • June - Compost Classes, written by Buck • July - School Efficiency Improvements, written by Hartman Minutes for the Conservation Commission March 18, 2015 Page 3 of 3 Earth Day Sponsorship - Hanks wanted the group give the okay that the Conservation Department would be covering the sponsorship funds this year. If, however, the commission would like some presence at the event the Conservation Department is happy to share their booth space. This year's funding is at a similar level to previous years, the only change really is what line item the funds are coming from. Group agreed this would work. Climate Action Plan Presentation recap - Biegel l-Coryell gave an overview of the study session. She thought it was a good presentation and that the Council was receptive and asked good questions. Sohl had found lots of good information about the Eugene plan, which was helpful. Eugene has two dedicated staff members and one temporary staff member to create and implement the plan. Eugene staff said that any plan must be in place before goals can be made or achieved. Hanks reviewed the possible committee approval process. Group thanked the subcommittee for their hard work. 7. New Business Recognition of Commissioner Beams Tenure - Hanks provided a certificate for the group to sign in thanks to Beam for his efforts. Beam stated he had recently met with the Mayor regarding his time on the commission. During the meeting, the Mayor stated that he would like to have a watershed festival. Beam would like to encourage the commission to consider taking this on or partnering with other groups to create this festival. Buck stated that there is already the Bear Creek Salmon Festival, maybe it's better to expand that festival to be about the larger watershed. Group requested that this topic be added to the June agenda. Group thanked Beam for his work on the commission. Beam informed the group that he will soon be giving a presentation to the Jackson County Soil and Water agency regarding the work recently done on his property. It was a great process. He offered to come talk to the commission at a later date to give information on what he's learned. He thanked the group for their work and integrity. 8. Wrap Up Group requested that a update regarding the plastic bag ban and a discussion of the possibility of adding dog stations to the downtown core be scheduled for an upcoming meeting. Also, the vote for new chair and vice chair should be on the next agenda. Meeting adjourned at 7:59 p.m. Respectfully submitted, Diana Shiplet Executive Secretary ASHLAND TRANSPORTATION COMMISSION MINUTES FEBRUARY 26, 2015 CALL TO ORDER: Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Joe Graf, Alan Bender, Corinne Vieville, Shawn Kampmann and David Young Commissioners Absent: None Staff Present: Scott Fleury, Tam! De Mille-Campos, and Carolyne Augsburger Council Liaison Present: Michael Morris ANNOUNCEMENTS None CONSENT AGENDA Approval of Minutes - September and November 2014 Approved by unanimous consent. PUBLIC FORUM Joanna Niemen; 31 West Hersey St. She is concerned about the pedestrian way across the railroad tracks on Oak Street and feels it is very unsafe, particularly at night when it's not lit, to get across. She understands the railroad has agreed to move forward on a safe pedestrian crossing, but wondered if something could be done in the meantime. Her second point is regarding the new park on Hersey Street. She stressed her concern for pedestrians needing to cross the busy street without a crosswalk, and that the cars coming from Oak Street and Helman Street are driving very fast. Her third and final concern is in regards to her husband, who bikes to work at SOU daily, and has been doing so for the past seven years. She said he is frustrated with street lights where the sensors are triggered by cars but not by bicycles, and finds himself waiting for uncomfortable periods of time for a car to come so he is able to continue his route. She specified the street lights from Mountain Street to cross Siskiyou Boulevard, and the intersection at Sherman Street. Hules Gutchen; 2253 Highway 99. He presented his understanding of transportation, which he divided into four components: transportation, recreation, exercise, and socialize. Transportation as way of getting safely from point A to point B; recreation being when one feels good and wants to coordinate an activity; exercise is a discipline; and socialize, being a social activity, whether in a vehicle or while walking or biking. He expressed concern regarding the comparable safety. Colin Swales; 95 Coolidge St. He briefly mentioned some of the ideas presented at the last meeting (bicycle lane through downtown, removing the traffic lights on Helman Street), which he really liked. He expressed his concern for two more traffic lights at Oak Street. He said he has been following traffic counts and has seen a reduction in vehicular traffic, and feels we could eliminate all the traffic lights in the downtown. He added now that the road diet is working well, we should look at mini roundabouts again, as an option at Wimer and Hersey, and possibly at Maple, to ensure safe flow of traffic. Transportation Commission February 26, 2015 Page 1 of 4 NEW BUSINESS N. Main Crosswalk Discussion Kim Parducci, Professional Traffic Operations Engineer with Southern Oregon Transportation Engineering, handed out two packet replacement sheets (see attached) and spoke regarding the two proposed locations for crosswalks on North Main Street: one at Van Ness Avenue, and one at Nursery Street. At Van Ness Avenue she is proposing a crosswalk with continental striping, considered one of the safer crosswalk markings, with a ten foot wide median and two foot buffer on both sides of the median. Additionally, there will be a detectable warning for the visually impaired on each side of the median. She is proposing the islands be at street grade instead of ramped because it is better for wheelchair accessibility, and easier for visually impaired to maneuver. She elaborated on the island, and stated she will also be proposing curbs around the island, so the visually impaired can not only feel as the texture changes from the roadway to the island, but can also use the curb as a guide. Flashing lights are not being proposed for this location because there is good sight distance in both directions, and she has found that the flashing lights can disrupt traffic. Kampmann, Vieville, and Chair Young all expressed positive feelings about the median. Councilor Morris expressed his concern about the apron on the sidewalk. Kim went on to discuss the Nursery Street proposal. She said unlike the Van Ness Avenue crosswalk, Nursery Street will have the flashing lights. She briefly outlined the problem with the Nursery Street crosswalk, explaining when she lined up the crosswalk across Nursery Street, it conflicted with the southern wing of the circular driveway at the bed and breakfast on the east side of North Main Street, which will make it tough for ramping up and down. From the design standpoint, it may not be doable. Chair Young asked if the crosswalk could be moved to the north side, to which Kim responded that the same problem still exists at that location. Vieville asked if the crosswalk could be mid- block rather than on the corner. Kim replied it could be an option, however the reason they did not propose that is that it would lead to more congestion. Kim added if there is an issue with the crosswalk at Nursery Street, they will instead propose putting the flashing lights at Van Ness Avenue and have a protective crossing there with all the enhancements. Chair Young expressed the need for some kind of safe crossing between Maple Street and Van Ness Avenue because the stretch is too long; crossings at Nursery Street and Van Ness Avenue were the compromise. Kim said Brad Barber is helping with the layout of the crosswalk and will look into what can be done. Graf asked whether there was a Plan B and Kim said if the crosswalk at Nursery Street doesn't work, they will probably look at doing a mid-block crossing. Kampmann replied he does not feel there is a need for a crosswalk at Nursery Street, nor does he think a mid-block crosswalk would be a good idea. Chair Young reiterated his concern about the length of the stretch of road without crosswalks. Noel Chatroux; 75 Nursery St. He addressed the crosswalk at Nursery Street, stating that his wife, whose office is at 400 West Hersey Street, used to walk across the street to her office, until she had several scary experiences. He no longer felt comfortable with her crossing North Main Street and then asked her to drive. Up until the road diet, she drove to work. Since the road diet, she has started walking to work again. However, she still has scary, close calls; she spends a lot of time waiting, and sometimes will grow impatient and cross before it is safe. Chair Young asked how Noel felt about the alternative, for example if there could not be a crossing at Nursery Street, but there was a crossing at Van Ness Avenue. Noel replied that any crossing between Maple and Laurel Street would be an improvement and will improve foot traffic in the neighborhood. He added he is in favor of multimodal transportation and feels having so many blocks without a safe way to cross a major arterial highway discourages pedestrian and bicycle traffic. Kampmann followed up with a question of whether Noel feels two blocks is too far to walk to cross a major arterial highway. Noel responded that two blocks is not `too far' for him to walk, however he does not think he would walk two blocks one way, and two blocks back in order to cross the street. He then suggested putting the crosswalk at Nursery Street at a slight angle to accommodate the driveway in front of the bed and breakfast, which Kim said would be possible, though it would make the crosswalk a little bit longer. Vieville expressed her agreement with Noel, stating once a crosswalk is there people will come out of the woodwork and use it. Transportation Commission February 26, 2015 Page 2 of 4 Colin Swales; 95 Coolidge St. He suggested staggered crosswalks with a median in the middle. Chair Young explained the design decision had been made against medians due to evacuation routes. Kampmann added another issue with medians along that stretch is that they would block driveways. Colin recommended mini roundabouts along North Main Street and added that crosswalks should be better lit for nighttime safety crossing. Kim echoed Colin's appreciation of roundabouts, and said she thinks a roundabout at Wimer and Hersey Street in lieu of a signal would be better. She mentioned the design constraints with roundabouts, and also said trucks typically don't like roundabouts, though doing a roundabout is still an option. Kim clarified that because North Main Street is an Oregon Department of Transportation (ODOT) roadway, it will need to be done to ODOT standards. Kim went on to explain the proposal for the Helman Street signal, in which a crosswalk with an island and flashing lights were proposed, and the signalized lights will be taken out; Helman Street will have a stop sign, and cars will have a lane to pull into in the center of the road when turning left on Main Street. This will provide the necessary room for an arterial bike lane, connecting from North Main Street to Siskiyou Boulevard. Kampmann asked how traffic will come out of Heiman Street onto Main Street, and feels this will pose problems for cars trying to turn left. Kim explained cars turning left from Heiman Street will only need to wait for a gap in one direction before pulling across into the center lane. She pointed out the advantage to this is there will be room for a continuous bike lane, and will eliminate congestion at that particular signal. The signal at Oak Street is being proposed because of the many turning conflicts which is due in large part to the many pedestrians crossing at that location. Morris asked if there would be any consideration to closing Oak Street to which Kim replied it is a definite possibility. Fleury mentioned the traffic model Kim had shown him, which he found very helpful; Chair Young asked if the commission could see it sometime. Colin spoke to Kampmann's previous comment with which he disagreed, stating that he finds it interesting that when we talk about multi-modal equity, cars always have priority, while pedestrians and bicycles come second. He emphasized sometimes there's an inconvenience, but an inconvenience to a car is less of a problem than an inconvenience to a pedestrian or cyclist. Morris asked about the purpose of the crosswalk onto the island that then stops, in front of the Bard's Inn. Kim suggested it be proposed further down, at Church Street, while Morris asked if it could be eliminated altogether. Kim explained the crosswalk at the bottom of that island is the only crosswalk to the center businesses, further south. Pedestrian Network Prioritization Fleury presented the current TSP Pedestrian Network Project list for discussion about prioritization. He recommended the commission focus on two highest priority projects for budgeting purposes in the current biennium cycle. The commission decided to go down the list one by one and decide on whether the project was high priority or low priority. The commission agreed streets have a sidewalk on one side will be lower priority than streets without any sidewalks. The committee agreed the projects listed below are highest priority. 1-Glenn St./Orange Ave. (P5) 2-Garfield St. from Iowa to Siskiyou Blvd. on one side of the street only (P59) 3-Park St. (Ashland St. to Siskiyou Blvd.) one side only (P70) 4-Faith Ave. (Ashland St. to Siskiyou Blvd.) one side only (P65) 5-Dianne St. (Jaquelyn to Tolman) (P66) 6-Beaver Slide (P17) 7-Ashland St. (S. Mountain to Morton) (28) Transportation Commission February 26, 2015 Page 3 of 4 Transportation Commission Update to Council Fleury asked for a volunteer to do the yearly update to the City Council on Transportation Commission issues on Tuesday, March 3,d. Chair Young, Kampann, Vieviile, and Bender are all unavailable. Graf will update the City Council. OLD BUSINESS FOLLOW UP ITEMS Audible Pedestrian Signals Fleury stated ODOT has installed two Audible Pedestrian Signals (APS) at Lithia Way and Pioneer Street. They have not installed the ones at Walker Street and Siskiyou Boulevard; he is placing an order to complete the intersection so that all four corners have APS buttons. He was not sure about the status of the one at East Main Street. Speed Zone-Ashland St. Fleury said at the recommendation of the state traffic engineer, the speed limit will be changed from 35 to 30 from the fire station to the overpass at Faith Street. INFORMATIONAL ITEMS Graf gave a brief update on the SDC and Downtown Committee. Traffic Crash Mapping Action Summary Traffic Crash Summary Oregon Impact January Newsletter COMMISSION OPEN DISCUSSION FUTURE AGENDA TOPICS Public Outreach/Education Normal Ave. Neighborhood Plan Discussion Traffic Control Resolution Update Traffic Crash Summary PD letter Siskiyou Blvd. Corridor Study ADJOURNMENT Meeting adjourned at 8:24 pm Respectfully submitted, Carolyne Augsburger, Administrative Assistant Transportation Commission February 26, 2015 Page 4 of 4 CITY OF -ASHLAND Council Communication May 5, 2015, Business meeting Contract for Legal Services for Douglas M. McGeary FROM: David H. Lohman, City Attorney, lohmand@ashland.us.or SUMMARY Staff recommends Council approve a new contract for legal services with Douglas M. McGeary covering fiscal year 2015-2016, in an amount not to exceed $120,000. These funds are budgeted for contracting to provide the functions of an assistant city attorney. Mr. McGeary has provided excellent part-time, hourly legal services at a discounted rate under a personal services contract since January, 2011. BACKGROUND AND POLICY IMPLICATIONS: The City Attorney's office has utilized part-time contract attorney Douglas M. McGeary since January 2011. Mr. McGeary's experience and legal services have been instrumental in efficiently handling the municipal court cases, along with various city contracts and compliance issues. The proposed contract would allow the City Attorney's office to continue to employ Douglas McGeary, providing approximately twenty hours of work per week, which is performed mostly on-site in the City Attorney's office. AMC 2.50.120.A.1 - Personal Services Class Exemption for Attorney Services. A.l .Class Exemption - Attorney Services. Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $50,000 prior to entering into the contract. In addition, except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Part-time employment of Mr. McGeary provides the City a high level of legal expertise and efficiency at less than the total cost of having an assistant city attorney on staff. Page 1 of 2 CITY OF -ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests Council approve the legal services contract with Douglas M. McGeary through fiscal year 2015-2016, in an amount not to exceed $120,000. SUGGESTED MOTION: Motion to approve the Legal Services Contract of Douglas M. McGeary through fiscal year 2015- 2016, not to exceed $120,000. ATTACHMENTS: Legal Services Contract for Douglas McGeary Page 2 of 2 ~r, PERSONAL SERVICES CONTRACT (a) an y b reach o f a C ontractor warranty; o r( b) any d efault o r defect i n This contract is between City o f A shland, a political s ubdivision o f th e Contractor's performance that has not been cured. State o f O regon, It ercinafter cal led "C ity", an d C ontractor hereinafter 5. Contract Documents: This contract between the parties consists of called "Contractor". The parties agree as follows: this Personal Services C ontract, S cope o f W ork ( Exhibit A G eneral Conditions (Exhibit B ) C ompliance with A pplicable L aws ( Exhibit C) I. Contractor's information: and the following attached documents, i fchecked, which contain all the terms and conditions of the contract and are incorporated by this reference: NAME ([ax filing): Douglas M. McGeary, Attorney at Law ❑ Exhibit D Supplementary Conditions ADDRESS: 2 N. Oakdale Ave, Medford, OR 97501 ❑ Exhibit E Required Federal Terms and Conditions doug a douglasmmcgeary.com 6. Amendments: The terms of this contract shall not be waived, altered, CITIZENSHIP, if applicable: modified, supplemented or amended, in any manner whatsoever, except by Non-resident alien ❑ Y es X No written instrument signed by the parties. BUSINESS DESIGNATION (check one): IN W ITNESS W HEREOF, T HE P ARTIES O R T HEIR DUL V ❑ C orporatio n ❑ G eneral Partnership AUTHORIZED RE PRESENTATIVES HAVES IGNED T HIS ❑ L im itEd Partnership ❑ G ovemm ental/N or}Profit CONTRACT: ❑ L im ited L iab ility C om pany ❑ L in ited L iab iIity Parrnersh ip X Sole Proprietorship Contractor Douglas M. McGeary (Date) Title: Attorney at Law Federal Tax ID#: SSN#: N/A (Contractor must pmcide Contractor's Social'-,it, N-A- unless it provides a Federal TID number). City of Ashland, City Administrator (Date) Oregon Business License#: N/A CERTIFICATIONS/REPRESENTATIONS: Contractor, un der 2. Description o f C ontractor's Services, D elivery S chedule and penalty of perjury; certifies that (a) the number shown on this form is its Compcnstation: N Exhibit A Scope of Work correct taxpayer ID ( or i s waiting for the number to be i ssued to i t and (b) Contractor is not subject to backup withholding because (i) it is exempt 3. Compensation by City: Payment for all work performed under this from ba ck-up w ithholding or (ii) it ha s n of been notified by t he Internal contract s hall be in ade as set forth b Blow fiom available an d authorized Revenue Service (IRS) that it is subject to backup withholding as a result City funds, and s hall it of ex teed the in aximum sum o f P ayment for al l of a failure to report all interest or dividends, or (iii) the IRS has notified it work performed under this contract shall not exceed the maximum sum of: that i t i s no I onger s abject to b ackup w ithholding. C ontractor f urther Sec Exhibit A. Travel and other expenses of the Contractor shall not be represents and warrants to City that (a) it has the power and authority to reimbursed by City unless specifically provided herein as a supplementary enter i nto a Lid pe rform t he work, ( b) t he C ontract, w lien e xecuted a Lid condition. delivered, s hall be a v alid a nd b inding o bligation of C ontractor a. Interim p ayments s hall b e m ade to C ontractor f ollowing C ity's entorceable in accordance with its terms, (c) the work under the Contract review and approval of billings submitted by Contractor. Contractor will shall be perforated in accordance with the highest professional standards, also submit copies of other billings for work performed under the contract and (d) Contractor is qualified, professionally competent and duly licensed when such bi Its are to be paid by other parties. T hese other b illings are to perform the work. C ontractor also certifies under pe nalty of perjury, not subject to the maximum compensation amount of this contract. that its b usiness is n of in violation of a ny O regon tax I atvs, a nd i t i s a b. Contractor shall not submit bi Rings for, and C ity will not pay, any corporation authorized to act on behalf of the entity designated above and amount in excess of the maximum compensation amount of this contract, authorized t o do b usiness i n O regon or i s a n i ndependent c ontractor a s including a ny t ravel a nd of her e xpense when not ed below. I f t he defined in the contract documents, and has checked four or more of the maximum compensation a mount i s i nereased by amendment of t his following criteria: contract, the am endment in ust b e f ally of fective b efore C ontractor X (1) 1 cant' out the labor or services at a location separate from my performs work subject to the amendment. C ontractor shall notify City's residence o r is i it a s pecific p ortion o fm y r esidence, s et as ide as t he supervising representative in writing 30 calendar days before this contract location of the business. expires of the upcoming expiration of the contract. N o payment will be. X (2) C ontmercial advertising o r b usiness car ds o r a t rade made for an y s crvices p erformed b efore t he b eginning d ate o r after the association expiration date ofthis contract. T his contract will not be amended after membership arc purchased for the business. the expiration date. X (3) Telephone listing is used for the business separate from the c. Contractor shall submit bi-weekly billings for work performed. The personal residence listing. billings shall describe all work performed with particularity, by whom and X (4) Labor or services are performed only pursuant to written on the date it was performed, the number of hours spent performing such contracts. work, and shall itemize and explain all expenses for which reimbursement X (5) Labor or services arc performed for two or more different is claimed. Billings shall be sent to the supervising representative. persons within a period of one year. X (6) I assume financial responsibility for defective workmanship or 4. Effective Date and Duration: This Contract shall become effective for service not provided as evidenced by the ownership of performance on duration from June 30, 2014 or the date this Contract is fully executed bonds, w arranties, e rrors a Lid o mission i nsurance or I iability i nsurance and approved as required by applicable law. U nless earlier terminated or relating to the labor or services to be provided. extended, t his c ontract s hall e xpire on No S pecified D ate, or w hen Contractor's co mpleted p erformance h as been accep ted b y C ity, whichever ev ent o eeurs f irst. H otvever, s itch e xpiration s hall not Contractor Douglas M. McGeary (Date) extinguish or prejudice City's right to enforce this contract with respect to: Exhibit A SCOPE OF WORK Description of Contr actor's S ervices, Del ivery Schedule and Consideration: Provide legal adv ice and/or services in are as of D. Attendance at any City Council meetings, and municipal law to assi gned cit y d epartments, and other meetings as necessary: mayor and city council. $95.00/hour, no retainer. Rate: E. Monitor p ending a nd c urrent St ate a nd A. Review, ch arge a nd p rosecute m unicipal Federal legislation and case law as appropriate. criminal and code violations. No charge. $95.00/hour, no retainer. Travel i s charged at $30/hour for any travel exceeding B. Routine 1 egal adv ice, consultation an d one ha if hour a nd i s c harged i n l ieu of s tandard 1 egal services rate. opinions of the City Council and staff,• After s ix m onth f rom e ffective da to of contract, $95.00/hour, no retainer. Contractor reserves opportunity to adjust its rates. C. Assistance i n t he p reparation a nd r eview o f Hours: ordinances, r esolutions, agr eements, c ontracts an d related documents: Contractor's hours shall not exceed twenty (20) hours a $95.00/hour, no retainer. week unless first notifying city or interim city attorney and additional time is approved. Total Contract not to exceed $120,000.00 Exhibit R GENERAL CONDITIONS appropriate for purchase under this contract or are no 1 onger eligible for the ftuiding proposed for payments authorized by this contract; or 1. Independent Contractor; Responsibility for Taxes and iii. If any license or certificate required bylaw or regulation to be held by Withholding; Retirement System Status: Contractor t o pr ovide t he s ervices r equired by t his c ontract i s for a fly a. Contractor s hall pe rforn t he w ork r equired by t his c ontract a s an reason denied, revoked, suspended, or not renewed. independent c ontractor. A )though t he C ity r escrves t he r ight ( i) t o d. For Default or Breach. determine ( and in odify) t he d elivery s chedule f or t lie w ork t o be i. Either City or Contractor may terminate this contract in the event of a performed and (ii) to evaluate the quality o fthe completed performance, breach of the contract by the other. Prior to such termination the party the C ity c annot a nd w ill not c ontrol t he of cans or manner of t he seeking to rmination s hall g ive to th e other party written if otice o f th e Contractor's performance. The Contractor is responsible for determining breach and intent to terminate. If the party committing the breach has not the appropriate means and manner of performing the work. entirely cured the breach within 15 days ofthe date of the notice, or within b. The C ontractor represents and warrants that Contractor ( i) is if of an such other period as the party giving the notice may authorize or require, employee of City of Ashland, Oregon, (ii) i s not currently employed by then the contract maybe terminated at anytime thereafter by a written the F ederal G overnment, an d( iii) meets t he s peci fic i ndependent notice of termination by the party giving notice. contractor s tandards of O RS 6 70.600, a s c ertified on t he f oregoing if. Time i s o ft he essence for C ontractor's p erfornance o f ea ch an d Certification S tatement for Corporation or I ndepcndent C ontractor. every obligation and duty under this contract. C ity, by written notice to Contractor is not an "officer", "'employee", or "agent" of the City, as those Contractor o f default o r b reach, may at an y t imc terminate the whole or terms are used in ORS 30.265. any part of this contract if Contractor fails to provide services called for by c. Contractor s hall b e r esponsible f or al I f ederal o r s rate t axes this contract within the time specified herein or in any extension thereof. applicable to any compensation or payments paid to Contractor under this iii. The rights and remedies ofCity provided in this subsection d are not contract and, unless Contractor is subject to backup withholding, City nJ/1 exclusive and are in addition to any other rights and remedies provided by not withhold from s Lich c ompensation or payments a ny a mounts(s) to law or under this contract. cover C ontractor's federal o r s tate t ax o bligations. C ontractor i s not e. Obligation/Liability o f P arties. T ermination or in oditication of this eligible f or an y federal S ocial S ecurity, a nemployment i nsurance, o r contract pursuant to subsections a, b or c above shall be without prejudice -,vorkers' compensation benefits from compensation or payments paid to to any obligations or liabilities of either party already accrued prior to such Contractor under this contract, except as a self-employed individual. termination or in oditication. However, upon r ecciving a not ice of termination ( regardless whether s uch if once i s g ivcn pur suant t o 2. Subcontracts a nd A ssignment: Contractor shall not enter i nto any subsections a, b, c or d of this section 6 Contractor shall immediately cease subcontracts for any o f the Work required by this C ontract or a ssign or all a ctivities u rider this c ontract, a nless e xpressly d irected o thenvise b y transfer a ny o f its in terest in t his C ontract w ithout C ity's p rior w ritten City i if t he not ice of t ermination. F urther, upon termination, C ontractor consent. Any proposed use of a subcontractor which is located outside the shall de liver t o C ity a II c ontract doc uments, i nformation, w orks-in- United S Cates or use o f s ubcontract I abor or facilities I orated outside the progress a rid of her property t hat a re or w ould be de livcrables had t be United S tates in ust b e c alled to th e s pecific attention of C ity. C ity's contract been completed. C ity shall pay C ontractor for work pe rformed consent to any subcontract shall not relieve Contractor of any of its duties prior to the termination date i f s uch work was pe rformed i n accordance or obligations under this Contract. with the Contract. 3. Successors and Assigns: Neither party shall subcontract, assign or 7. Records M aintenance; A ecess; O wnership ofW ork P roduct; transfer its interest in this Contract without the express written consent of License: the other party, and such consent shall not be unreasonably withheld. In a. Records M aintenance; A cress. Contractors hall m aintain records addition to any other provisions, Contractor shall include in any permitted pertinent t o t his co ntract i n s uch a in anner as t o cl early d ocument subcontract under this C ontract a requirement that the s ubcontractor be Contractor's performance hereunder. Contractor acknowledges and agrees bound t o t he s atrre pr ovisions he rein a s i ft he s ubcontractor w ere the that C ity and its duly authorized representatives shall have access to such Contractor. The provisions of this Contract shall be binding upon and shall fiscal records and to all other books, documents, electronic files, papers, inure to the benefit of the parties hereto, and their respective s uccessors plans and ivritings of Contractor that are pertinent to this contract for the and assigns. Consent of City given to a subcontractor does not relieve the purpose of performing examinations and audits, and making excerpts and Contractor of a ny o bligations a nd r esponsibilities u Oder th is C ontract, transcripts. Contractor further acknowledges records generated as a r esult including C ontractor's r esponsibility for a ny goods a nd s ervices to be of this Contract may be subject to disclosure pursuant to the Oregon Public provided by any subcontractor. Records Act. b. Ownership of W ork Product: L icense. A If w ork pr oducts of the 4. No T bird P arty R eneficiaries: City and C ontractor are the only Contractor that result from t his contract( "the work products") are the parties to this contract and arc the only parties entitled to enforce its terms. exclusive property o f the C ity. In addition, i f any of the work products Nothing in this contract gives, is intended to give, or shall be construed to contain intellectual property of the Contractor that is or could he protected give or pr ovide, a ny be nefit or r ight, w hether di rectly, i ndirectly or by federal copyright, patent, or trademark laws, or state trade secret laws, otherwise, t o t hird pc rsons unless s itch t hird persons a re i ndividually Contractor hereby g rants C ity a p erpetual, r oyalty-free, f ally p aid-up, identified by na rile he rein a rid e xpressly de scribed a s i ntended nonexclusive and irrevocable license to copy, reproduce, deliver, publish, beneficiaries of the terns of this contract. perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so, all such workproducts, including but not limited to any 5. Funds A vailable a nd A uthorized: City ha s s ufticient f unds information, designs, plans or works provided or delivered to the City or currently available and authorized for expenditure to finance the costs of produced by the Contractor under this contract. this contract within the City's fiscal year budget. S. Compliance with Applicable Late: Contractor shall comply with all 6. Termination: federal, state and local laws and ordinances applicable to the work under a. Mutual C onsent. T his co ntract may b e t erminated at an y t ime by this c ontract, i ncluding, w ithout I imitation, the provisions of O RS mutual consent of both parties. 2798.220, 279B.230, and 279B.235, and as well as other statutes as set b. Parties' Convenience. T his contract may be terminated at any time forth in the attached Compliance With Applicable Law, which is by this by either P arty upon 30 days' notice in writing and delivered by certified reference made a p art If ereof. W ithout I imiting t he g enerality o ft he mail or in person. foregoing, Contractor expressly agrees to comply with: (i) Title VI of the C. For Cause. C ity may terminate or modify th is contract, in whole or Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; in part, effective upon delivery of written notice to Contractor, or at such (iii) the A mericans w ith D inabilities A et o f 1990 (Pub L N o. 1 01-336), later d ate as may b e es tablished by C ity, unde r a ny of t he following ORS 659A.142, a nd a 11 r egulations a nd a dministrative r vies e stablished conditions: pursuant to those laws; and (iv) all other applicable requirements of federal, i. If C ity funding from federal, state, or other sources i s not obtained state and local civil rights and rehabilitation statues, rules and regulations. and continued at levels sufficient to allow for the purchase of the indicated quantity of services; 9. Foreign C ontractor: If t lie C ontractor i s not d omiciled i n or ii. If federal or state regulations or guidelines are modified, changed, or registered to do business in the State of Oregon, Contractor shall promptly interpreted i n s uch a w ay t hat t he s ervices ar e if o I onger al lowable o r provide to the 0 regon Department of Revenue and the S ecretary of S tale Corporation Division all information required by those agencies relative 18. Prior A pproval Required: Approval by the City of Ashland City to th is Contract. T he Contractor shall demonstrate its legal capacity to Council or the City Manager is required before any work may begin under perform these services in the State of Oregon prior to entering into this this contract. contract. 19. Notice: Notices required by this contract must be given in writing by 10. Governing L aw; Jurisdiction; V enue: T his co ntract s hall be personal delivery or mail, at the addresses given by the parties on the first governed a nd c onstrued i n a ccordance w ith t lie 1 aws of t he State of page of t his c ontraet, on] ess s ome of her means or method of notice i s Oregon w ithout r esort t o a uyj urisdiction's c onflict of I aws, r ules or required by law. Each party will notify the other of any change of address. doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between t he C ity ( and/or a ny of her C ity or de partrnent of t he S late of 20. Confidentiality: Contractor ack nowledges an d ag rees i ti s Oregon) and the Contractor that arises from or relates to this contract shall responsible for e nsuring c ompliance w ith a 11 a pplicable c onfidentiality be brought and conducted solely and exclusively within the Circuit Court laws, in eluding but n of lim ited to th e H ealth I nsurance Portability of Jackson County for the State of Oregon. If, however, the claim must be Accountability A ct (HIPAA) a nd Family Educational Rights and Privacy brought in a federal forum, then it shall be brought and conducted solely Act (FERPA). and exclusively within the United States District Court for the District of Oregon filed i n Jackson C ounty, O regon. C ontractor, b y th e s ignature 21. Merger Clause. THIS CONTRACT AND ATTACHED EXHIBITS herein of its authorized representative, hereby consents to the in personam CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. jurisdiction of said courts. In no event shall this section be construed as a NO WAIVER.. CONSENT, MODIFICATION OR CHANGE OF TERMS waiver by City of any form of defense or immunity, based on the Eleventh OFT HIS C ONTRACT S HALL B IND E ITI IE.R P ARTY UN LESS I N Amendment t o t he U nited S tates C onstitution, or otherwise, from a ny WRITING AND S IGNED B Y B OTH P ARTIES. S ITCH WAIVER, claim or from the jurisdiction. CONSENT, M ODIFICATION OR C HANGS, I FM ADE, S IIALL B E. EFFECTIVE ONLY I N T IIE S PECIFIC I NSTANCE A ND F OR T HE It. Insurance: SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDE RSTANDINGS, a. Insurance. Contractor shall at its own expense provide the following AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN. NOT insurance: SPECIFIED H FREIN R EGARDING THIS CO NTRACT. i Worker's C ompensation insurance i n c ompliance with O RS CONTRACTOR, BY S IGNATURF. O F IT S A IJTHORIZED 656.017, which requires s object e mployers to provide O regon workers' REPRESENTATIVE, H ERUBY A CKNOWLEDGES THAT HE/SIIE compensation coverage for all their subject workers. IIAS R FAD THIS C ONTRACT, UNDE RSTANDS I T, AND AGREES ii Professional Liability insurance with a combined single limit, or the TO BE BOUND BY ITS TERMS AND CONDITIONS. equivalent, of not I ess t Iran $200,000 f ore ach c lain), i ncident or occurrence. T his i s t o c over da mages caused by error, om ission o r negligent acts related to the professional services to be provided under this contract. iii General L iability insurance w ith a c ombined s ingle I imit, or t he equivalent, of not less than N/A for each occurrence for Bodily Injury and Property Damage. iv Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $N/A for each accident for Bodily Injury and Property D amage, i ncluding c overage for ow ned, hi red or n on-owned vehicles, as applicable. V. Umbrella/Excess L iability insurance with combined s ingle lim its/ annual aggregate of not 1 ess than $N /A for B odily I njury and Property Damage. C. Notice o f can cellation o r ch ange. T here shall b e n o can cellation. material ch ange, reduction of l imits or i ment not to renew the insurance coveragc(s) w ithout 30 days' written notice from t he C ontractor or i is insurer(s) to the City. 12. Left for insertion. 13. Force Ito ajeure: Neither C ity n or C ontractor s hall be h eld responsible for delay, or default caused by fire, riot, acts of God, or war where s uch can se was b eyond, r espectivelg C ity's o r C ontractor's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation o ft he catr se, d iligently Pursue pe rformance of i is obi igations under this contract. 14. Severability: The parties agree that if any term or provision of th is contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not he affected, and the rights and obligations of the parties shall be construed and e nforced as i f t he contract did n of contain the particular term or provision held to be invalid. 15. Survival: The terms, conditions, representations and all warranties contained in th is Contract shall survive th e termination or expiration of this Contract. 16. Waiver: T he failure of either party to enforce any provision of this contract shall not constitute a waiver by ei ther party of that or any other provision. 17. Execution and C ounterparts: This co ntract m ay b e ex ercised i n several counterparts, each ofwhich shall be an original, all ofwvhich shall constitute but one and the same instrument. Exhibit C COMPLIANCE WITH APPLICABLE LAW hours in any one day or in excess of 40 hours in any one week, whichever (Public Nonlmprovement Contracts) is greater. [FIB 2214] ORS 2798.220 Conditions of public contracts concerning payment of ORS C hapter 244. C ontractor shall not provide or offer to provide any laborers and materialmen, contributions to Industrial Accident Fund, appreciable pecuniary or material benefit to any officer, employee or agent liens and w ithholding t axes. Evety pUbl is c ontract s hall c ontain a of the C ity in connection with this contract in violation o f ORS C hapter condition that the Contractor shall: 244 or City's personnel rules. vi. Make payments promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in ORS 670 .600 p rovides i n p art: " As us ed i n v arious pr ovisions of such contract. ORS Chapters 316, 448, 656, 657, 671 and 701, an individual or business vii. Pay, all contributions or amounts due the 1 ndustrial A ccident Fund entity that performs labor or services for remuneration shall be considered from such contractor or subcontractor i ncurred in the performance of the to pe dorm t he 1 abor or s ervices a s a n ` independent c ontractor' i f t he contract. standards of this section are met." O RS 670.600 also provides standards viii. Not permit an y 1 ien o r cl aim to h c filed o r p rosecuted ag ainst the for satisfying the designation of an independent contractor: state, county; school d istrict, in tmieipahty, municipal corporation o r 1. Free from direction and control over means and manner of providing subdivision thereof, on account of labor or material furnished. labor or service. ix. Pay to the Department of Revenue all sums withheld from employees 2. Responsible f or o btaining al I n ecessary bus iness r egistrations and pursuant to ORS 316.167. professional occupation licenses. 3. Furnishes its own tools and equipment f6r the work. 279B.225 C ondition c oneerning s alvaging, r ecycling, c omposting o r 4. Has the authority to hire and fire employees to perform the work. mulching y and it, aste material. E vcry, pub) is c ontract f or I awii a nd 5. Registered under ORS Chapter 701. landscape in aintenance shall contain a condition requiring the contractor 6. Filed federal and state income tax returns in the name of its business to salvage, recycle, compost or mulch yard waste material at an approved or a business Schedule "C" as part of the personal income tax return, for site, if feasible and cost-effective. the pr evious y car, f or I abor or s ervices pe rformed a s a n i ridependent contractor in the previous year. ORS 27913.230 C ondition concerning payment for medical care and 7. Represents to the public that the labor or services are to be provided providing workers' compensation. (1) Every public contract shall also by an independently established business. contain a c ondition t hat t he c ontractor s hall promptly, a s due , m ake 8. The I abor or services are p rimarily carried out at a location that i s payment t o an y p erson, co -partnership, a ssoeiation or c orporation, separate Isom my residence, or is primarily carried out in a specific portion furnishing in edical, surgical a nd hos pital c are or of her needed care a nd of my residence, which is set aside as the location of the business. attention, i ncident t o s ickness or injury, t o t he e mployecs of s uch 9. The business has purchased business cards or commercial advertising. contractor, of all sums which the contractor agrees to pay for such services 10. A telephone listing and service is used for the business that is separate and all moneys and sums which the contractor collected or deducted from from the personal residence listing and service. the wages of employees pursuant to any law,, contract or agreement for the 11. Labor or services are performed only pursuant to written contracts. purpose of providing or paying f6r such service. Labor or services are performed for two or more different persons within a (2) Every public contract also shall contain a clause or condition that all period of one year. employers working unde r t he c ontract a re s object e mployers t hat w ill 12. Assumes financial r esponsibility f or de fective workmanship or for comply with ORS 656.017 or are exempt under ORS 656.126. service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability relating to the labor ORS 2 79B.235 C ondition c oneerning h ours of I abor. (1) E xcept as or services to be provided. provided in subsections (3) to (6) of this section, every publ is contract subject to this chapter must contain a condition that a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except i n cases o f necessity, emergency or when the public policy absolutely requires i t, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at ]cast time and a half pay: (a)(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (h) For all w ork pe rformed on Saturday a nd o n any I egal hol iday s pccified i m ORS 27913.020. (2) An employer most give notice in writing to employees who w ork on a public co ntract, ci ther at t he t ime o f h ire o r b efore commencement of work on t he c ontract, or by pos tin.- a not ice i n a location frequented by employees, of the number of hours pc r day, and days per week that the employees may be required to work. (3) In the case of c ontraets for personal s ervices a s de scribed in O RS 279A.055, t lie contract shall contain a p rovision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, e xcept for i ndividuals u rider p ersonal s ervices co ntraets who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from r eceiving o vertime. ( 4) I n the cas e o f a co ntract for s ervices at a county f air or f or other e vents authorized by a c ounty fair boa rd, the contract m us( co ntain a provision t hat em ployees must b e p aid at I east time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. An employer shall give notice in writing to employees who w ork on s uch a c ontract, e ither a t t he time of hi re or be fore commencement of work on t he c ontract, or by pos ting a not ice i n a location f requented by e mployecs, of t he num her of hour s pe r d ay a nd days per week that employees may be required to work. (5)(a) Except as provided i n s ubsection (4) of th is s ection, e ontracts f or s ervices m ust contain a pr ovision t hat r equires t hat pe rsons e mployed unde r t he contracts shall receive at least time and a h alf pay for work performed on the I egal h olidays s pecified i n a co Ilective b argaining ag regiment or in ORS 279B.020 (1)(b)(B) to (G) and for all time worked in excess of 10 CITY OF -ASHLAND Council Communication May 5, 2015, Business Meeting Request to transfer ownership of two police patrol vehicles to the City of Phoenix, Oregon, Police Department after they are taken out of service with the Ashland Police Department FROM: Tighe O'Meara, Interim Chief of Police, tighe.omearaic ,ashland.or.us SUMMARY Staff requests that two soon-to-be decommissioned patrol vehicles be donated to the City of Phoenix Police Department. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Police Department (APD) has two vehicles that will soon be removed from use. These vehicles have reached the end of their service lives and will be replaced with new vehicles that the city has already acquired. Usually these vehicles would be put up for auction. However, APD staff requests permission to have these vehicles donated to the City of Phoenix Police Department pursuant to AMC 2.54.010. The value of the vehicles is estimated to be approximately $3,000 each. There is also approximately $3,000 worth of emergency equipment on each vehicle. This equipment is not useful to the City as it is vehicle-specific and the City does not use either of these vehicle types anymore. If the vehicles do go to auction, Fleet Services will need to spend time removing the emergency equipment and either storing it indefinitely or disposing of it somehow. Allowing the equipment to remain on the vehicle and be used by another agency saves staff time and the need to dispose of the equipment. The vehicles in questions are : Vehicle #804: 2010 Dodge Charger VIN 2B3AA4CV3AH199450 and Vehicle #616: 2009 Dodge Durango VIN ID8HB38P99F712891. FISCAL IMPLICATIONS: The city stands to lose an unknown amount of money from the auction of these two vAicles. Flee services estimates that the vehicles would get up to $3,000 each at auction. Howevot", that lose it i mitigated by the fact that staff will not have to spend time and resources removing and storing equipment if the vehicles are donated as requested. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommend Council approval of the donation. SUGGESTED MOTION: I move that Police vehicles 804 and 616 be donated to the City of Phoenix, Oregon, Police Department pursuant to AMC 2.54.010. ATTACHMENTS: None Page 1 of I Tom, CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting Contract Amendment for Economic & Financial Analysis FROM: Michael Faught, Public Works Director, Public Works/Engineering, faughtm@ashland.or.us SUMMARY Economic & Financial Analysis (EFA) was awarded a contract to provide financial consulting services to update and adopt the City's transportation, sewer, storm drain and water Systems Development Charges (SDCs). The required work to finish the project has exceeded staff's purchasing authority and thus requires Council approval. BACKGROUND AND POLICY IMPLICATIONS: EFA was awarded a professional services contract in the amount of $14,260 on January 31, 2014 to perform financial consulting services for analysis and adoption of new SDCs. Staff previously processed a change order to increase the amount to $17,760 for extra work incurred during the project. The original amount of the contract was exceeded due to five additional meetings during the SDC Committee review. This previous increase represented the limit of staff approval for additional funds. Staff can only approve change orders to a maximum of 25% of the original contract value. Anything exceeding this must be approved by the Council. In order to finish the SDC adoption process additional funds must be added to the contract and the change order must be approved by Council. EFA will need to complete three SDC reports and attend a City Council meeting in order to obtain final SDC approval. EFA expects this to require an additional $8,320. FISCAL IMPLICATIONS: New Street, Stormwater, Water and Wastewater SDCs were analyzed by staff and the. SDC Committee during this process. In order to cover the additional monies, each fund will be charged an additional $2,080 for professional services. Each budget has sufficient funds to support this increase. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of a contract amendment with EFA in the amount of $8,320. SUGGESTED MOTION: I move to approve a contract amendment with EFA for additional work in the amount of $8,320. ATTACHMENTS: Economic and Financial Contract Amendment Form #10 Page 1 of 1 FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND Request for a Change Order Name of Supplier 1 Contractor/ Consultant: Economic & Financial Analysis Total amount of this contract amendment: Purchase Order Number: 12086 Title 1 Description: Financial consulting services to update and adopt the transportation, sewer and $ 8,320.00 water SDCs. ❑ Per attached contract amendment Contract Amendment Original contract amount $ 14,260 100 % of original contract Total amount of previous contract amendments 3,500 25 % of original contract Amount of this contract amendment 8,320 % of original contract TOTAL AMOUNT OF CONTRACT $ 26,080 183 % of original contract In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract. Contract amendment is within the scope of procurement: YES NO* X (If "NO", requires Council approval I Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s: $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires 25% of original contract amount or $250,000 cumulative amendments $100K for Goods & Services, s Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ❑ If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. PERSONAL SERVICES Communication. ❑ Exempt-Reason: ❑ "YES", Direct appointments $35,000 ❑ Exempt - Reason: ❑ If "NO", requires approval. INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - $5.000 to $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the Personal Services - $5,000 to $75,000 25% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments s 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding authority requires Council Council approval. Attach copy of Council Administrator approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication ❑ Exempt - Reason: ❑ Exempt - Reason:❑ Exempt -Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council. within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date) Procurement. If "NO", Council approval is required. Attach copy of Council Communication. ❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator. Attach co of Council Communication. Project Number: 2014.03 Account Number: 260.08.12.00.604100, 260.08.17.00.604100, 670.08.18.00.604100, 675.08.17.00.604100 ('/4 each) *Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. Employee Signature: Department Head Signature: (Total amount of contract? $5,000) City Administrator: (Equal to orgreater than $25,000 or 10%) Funds appropriated for current fiscal year: YES / NO Finance Director (Equalto orgreaterthan $5,000) Date Comments: Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 4/29/2015 CITY OF -ASHLAND Council Communication May 5, 2015, Business Meeting Contract with Jackson County Sexual Assault Response Team regarding the expenditure of pending grant funds in the amount of $69,097.60 to fund the You Have Options Program (YHOP) FROM: Tighe O'Meara, Interim Chief of Police, tiche.omeara2( ashland.or.us SUMMARY The Ashland Police Department (APD) and the Jackson County Sexual Assault Response Team are in the process of applying for a grant under the Stop Violence Against Women Act in the amount of $69,097.60. The two agencies wish to enter into a contract as part of the application that details how the funds will be spent to support APD's You Have Options Program (YHOP). There is no local match required for this grant. The grant will pay for overtime costs associated with the further implementation and expansion of YHOP. BACKGROUND AND POLICY IMPLICATIONS: The APD has been working closely with the Jackson County Sexual Assault Response Team (JC SART) in the development of the YHOP. The APD has recently executed a non-binding MOU in conjunction with JC SART and other agencies to solidify and continue this relationship as the YHOP continues to expand. As a next step in developing and expanding this project, JC SART is in the process of applying for a grant. This grant will assist JC SART, APD's YHOP and other partner agencies in this endeavor by securing non-matching funding for continued operations and growth. The grant, if/when awarded will provide $69,097.60 to assist in funding overtime costs associated with the YHOP. This award will be used to further deploy the YHOP and to further allow its director to provide guidance and training to other agencies who wish to implement this program in their respective jurisdictions. COUNCIL GOALS SUPPORTED 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: The APD currently funds the YHOP director's position. This grant will pay for overtime costs associated with further implementation and expansion of the YHOP. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed contractual agreement between the City of Ashland and the Jackson County Sexual Assault Response Team. Page I of 2 `1 CITY OF -.S H LAN D SUGGESTED MOTION: I move that the Council accept the contract between APD and JC SART and direct the City Administrator to sign the contract and accept the award of funding. ATTACHMENTS: Contract between APD and JC SART MOU between APD, JC SART and other participating agencies Page 2 of 2 ~r, STOP VAWA 2015 COMPETITIVE LAW ENFORCEMENT PROJECT GRANT CONTRACTUAL AGREEMENT This contract is entered into by and between Jackson County SART (JC SART), a nonprofit sexual assault services provider and coordinator located at 43 Morninglight Drive, Ashland OR 97520 and the Ashland Police Department (APD), a law enforcement agency located at 1155 E. Main Street, Ashland OR 97520. APD has been awarded $69,097.60 from the STOP VAWA 2015 Competitive Law Enforcement Project Grant to provide the following services for the period 7/1/15 - 6/30/16. As a subcontractor to JC SART, APD will provide 1040 hours @ $66.44/hour (including benefits) by Detective Carrie Hull or an approved, qualified officer to accomplish the following: • Provide introductory training on YHOP protocols and procedures to inquiring Oregon law enforcement (LE) agencies • Provide statewide trainings for OR LE agencies considering YHOP implementation • One-on-one ongoing training for each OR LE agency's implementation of YHOP • Help all interested Oregon LE agencies attend trainings and access the tools to adopt YHOP elements and the technical assistance required to become a fully participating YHOP partner agency • Arrange and provide FETI training to all interested OR LE and advocacy agencies • Continue to implement the "You Have Options" (YHOP) program and new department protocols, working in partnership with JC SART, Community Works SAVS and other community agencies • Provide oversight to individual sexual assault cases at APD, JCSO and additional Jackson County agencies adopting YHOP • Supervise enhancements to website to facilitate anonymous reporting and access to the web portals by other participating LE agencies • Supervise enhancements to agency database for more accurate tracking of reports and real-time collection of data, including UMOC/TN victim barriers and services, from all participating YHOP agencies • Collect and analyze data from all YHOP agencies for program assessment and revision • Attend monthly Response Reviews to assess response and case progress with partners • Train all APD and JCSO department staff to follow new protocols and procedures • Participate in cross-trainings with community partners on victim and UMOC/TP needs • Conduct community outreach about program, with partners • Gather and keep accurate project data to help evaluate project progress and meet CVSD reporting requirements In addition APD will supply JC SART with all project-related data required for grant reports, including relevant victim statistics and demographics. APD will submit an invoice, relevant statistics, reports and data to JC SART no later than the 20"' of the month following the end of the first three quarters (10/20/15, 1/20/16, 4/20/16), and no later than the 10`x' of the month following the end of the final quarter (7/10/16). JC SART will reimburse for services after they have received payment from the Oregon Department of Justice, Crime Victims' Services Division. This Agreement does not create an employer/employee relationship between JC SART and APD, nor is APD entitled to any benefits from JC SART. JC SART is not liable for taxes, Workers Compensation, Unemployment Insurance, FICA, Social Security, withholding tax, etc. for or on behalf of JC SART. JC SART affirms it has the authority to enter in this Agreement. APD will perform services in a timely, professional and workmanlike manner and shall maintain any required licenses. APD shall defend, hold harmless and indemnify JC SART against all claims resulting from APD's acts or omissions. JC SART includes and holds APD responsible for adhering to JC SART's confidentiality policy. This Agreement can be terminated by mutual consent with 30 days written notice and JC SART can terminate immediately at its own discretion. Should JC SART terminate this Agreement they will reimburse APD for work performed up to the date of termination. APD affirms that parties performing work subcontracted by this grant are covered by Workers Compensation, Commercial General Liability where appropriate, Professional Liability, and Auto Liability (the latter either privately or through APD). This Agreement is the entire Agreement and cannot be amended, changed or supplemented in any way except by written Amendment signed by both parties. The signer below is authorized to act on behalf of APD and affirms that APD is, to the best of the signer's knowledge, not in violation of any Oregon Tax Laws. APD is bound by and will comply with all requirements, terms and conditions contained in the Agreement. Susan Moen, Executive Director Date Jackson County SART City Administrator Dave Kanner Date City of Ashland STOP VAWA 2015 LAW ENFORCEMENT COMPETITIVE GRANT PROJECT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by and between: Jackson County SART (JC SART, a sexual assault victim services provider and coordinator; the Ashland Police Department (APD), a law enforcement agency; the Jackson County Sheriff's Office (JCSO), a law enforcement agency; and Sexual Assault Victim Services (SAVS), a sexual assault victim advocacy provider managed by Community Works; Lotus Rising Project, a youth-oriented LGTBQI social services and advocacy provider; Jackson County Mental Health, a social services provider; Maslow Project, a social services provider for homeless youth; and Southern Oregon University's Office for Student Support and Intervention (OSSI), a university department for student support and case management. This MOU is the complete agreement between JC SART, APD, JCSO and SAVS and may be amended only by written agreement signed by each of the parties involved. It defines the roles and responsibilities of each party in enhancing the "You Have Options" program, training additional Oregon law enforcement agencies in the program's elements and working with interested agencies to become full participating agencies in the program. The MOU also notes the benefits each partner brings to the project. As the grant applicant, JC SART accepts full responsibility for the performance of the collective agencies. Applicant: Jackson County SART The non-profit JC SART is the state-mandated SART for Jackson County and has been providing services to sexual assault victims since 2005. JC SART runs the 24/7 SANE program (serving adults and adolescents), peer support groups for victims, and a sexual violence prevention program for high school and middle school students, teachers, parents and staff in Jackson County school districts. JC SART is the organizing body for agencies providing services to sexual assault survivors and runs the monthly Response Review meetings for member agencies from law enforcement, the District Attorney's office, advocacy, Children's Advocacy Center, Department of Human Services and related social service agencies. Benefits of partnership: JC SART has a history of success in partnering with multiple agencies to create new programs: the SART itself, our acute response program, and our sexual violence prevention program, all with local law enforcement agencies and Community Works. In addition to coordinating the SART during this current project's development, we will be supplying the SANE nurses who are integral to victim care and perpetrator identification and investigation. Like Community Works, SART has working ties with many social service agencies and organizations who serve marginalized and vulnerable populations, such as the Maslow Project (homeless youth), Jackson County Mental Health (JCMH) and Lotus Rising (LGBTQ), and we will continue to utilize their services for this project. Responsibility or Activity/ (Responsible Staff) • Provide 0.5FTE position of YHOP Training and Infonnation Specialist to be supervised by YHOP Program Director Carrie Hull (Executive Director) • Participate in community outreach about the project services, especially in vulnerable population sites (Executive Director) • Collaborate in connecting social service agencies more closely to the project (Executive Director) • Participate in regular review and revision of project practices and protocols (Executive Director) • Ensure 24/7 availability of acute SANE nurse response, including forensic evidence collection and documentation (SANEs, SANE Program Manager) • Provide SANEs as needed for court testimony (SANEs) • Coordinate monthly Response Review to evaluate team response and case progress, modeling and evaluating efficacy of YHOP victim-centered practices (SANE Program Manager) • Ensure all Jackson County victims, regardless of reporting status, have access to medical care and advocacy (SANE Program Manager, Executive Director) • Conduct and participate in partner cross-trainings (SANE Program Manager, Executive Director) • Train all SANEs on evolving law enforcement practices and protocols, including those regarding vulnerable population barriers, needs and available services (SANE Program Manager, Executive Director) • Keep accurate data, including data compiled from partners; keep abreast of project progress; provide required grant reports (Development Director) Partner: Ashland Police Department History of Partnership: JC SART and APD began their partnership at the very first SART planning meeting in 2000 and have become particularly close and dedicated collaborators in combatting sexual violence. They have consulted extensively with us and with Community Works in assessing their response and developing this project to improve it. APD has also contributed significant time and resources to help create our collaborative school sexual violence prevention program (including class presentations, staff and parent training, Internet safety presentations). Benefits of Partnership: APD is the primary driver of this program's creation and implementation and continues to be central to its success. They have invested much time and thought in understanding why so few victims come forward to report sexual assault and why investigating this crime necessarily differs from investigating others. Their commitment to designing the "You Have Options" program for statewide availability and/or adoption is another sign of their dedication. APD's willingness to reexamine long-entrenched law enforcement procedures to improve their response is exemplary, as is their interest in engaging with victim service providers every step of the way. Responsibility or Activity / (Responsible Staff) • Introductory training on YHOP protocols and procedures to inquiring LE agencies (Training and Information Specialist) • Provide statewide trainings for OR law enforcement agencies considering YHOP implementation (YHOP Program Director Carrie Hull, Training and Information Specialist) • One-on-one ongoing training for each LE agency's implementation of YHOP (YHOP Program Director) • Ensure all interested Oregon law enforcement agencies have the ability to attend trainings, the tools to adopt YHOP elements and the technical assistance required to become a fully participating YHOP partner agency (Training and Information Specialist). • Arrange and provide FETI training to all interested OR LE and advocacy agencies (YHOP Program Director) • Continue to implement the "You Have Options" (YHOP) program and new department protocols, working in partnership with JC SART, SAVS and other community agencies (YHOP Program Director) • Provide oversight to individual sexual assault cases at APD, JCSO and additional Jackson County agencies adopting YHOP (YHOP Program Director) • Supervise enhancements to website to facilitate anonymous reporting and access to the web portals by other participating LE agencies (YHOP Program Director) • Supervise enhancements to agency database for more accurate tracking of reports and real-time collection of data, including UMOC/TN victim barriers and services, from all participating YHOP agencies (YHOP Program Director) • Collect and analyze data from all YHOP agencies for program assessment and revision (YHOP Program Director) • Attend monthly Response Reviews to assess response and case progress with partners (YHOP Program Director) • Train all APD and JCSO department staff to follow new protocols and procedures (YHOP Program Director, Training and Information Specialist) • Participate in cross-trainings with community partners on victim and UMOC/TP needs (APD officers and staff) • Conduct community outreach about program, with partners (YHOP Program Director) Partner: Jackson County Sheriffs Office History of Partnership: While JCSO has always been a participant in JC SART, under the recently-elected Sheriff it is joining APD in leading efforts to adopt a victim-centered, offender-focused response to gender violence. The agency is committed to becoming the next Jackson County LE agency to fully implement YHOP. Benefits of Partnership: Working with JCSO will teach us how to address issues that may arise with agencies very different from APD: a rural, geographically extensive population; a large agency; and a sheriff's rather than municipal organization. Responsibility or Activity / (Responsible Staff) • Complete full YHOP implementation (Sheriff Corey Falls) • Receive training by community agencies on response to UMOC/TN sexual assault victims (Sheriff Corey Falls and JCSO officers) • Report all program data to YHOP for evaluation to aid continuing program assessment (Sheriff Corey Falls) • Provide office space and administrative support for YHOP Program Director, Training and Information Specialist and dedicated YHOP advocate (Sheriff Corey Falls) Partner: Sexual Assault Victim Services / Community Works History of Partnership: Community Works has been a highly active member of JC SART since its inception and provides acute and after-care services to victims of domestic and sexual violence in close collaboration with the services offered by JC SART. The two agencies have partnered on multiple grants, collaboratively helping to fund coordinated SANE and advocacy services, counseling services for vulnerable populations such as the disabled, and acute services for rural victims. Community Works' SAVS is also a key partner, along with APD, in JC SART's school violence prevention efforts. JC SART and Community Works collaboratively track cases in order to ensure wrap-around services for victims and collaboratively review the response policies and protocols of each agency. Benefits of Partnership: Community Works SAVS is the sole provider of the advocacy services that will be an essential part of this project. SAVS also strongly supports the victim-centered approach this project seeks to build upon. Because SAVS has collaborated extensively with both JC SART and APD, all partners are confident we can work together effectively and efficiently. We also trust we can address any problems or differences productively and straightforwardly. Because Community Works provides numerous social services to the community, its partnership will help us both identify and meet sexual assault victims' multiple needs. For example, it has staff dedicated to Youth Services and runs the county domestic violence shelter. Community Works is also acutely aware of the economic costs that sexual assault can bring. Its wide-ranging experience and expertise have helped the project's design - and will continue to be invaluable as the project moves through to completion. Responsibility or Activity/ (Responsible Staff) • Dedicate I FTE sexual assault victim advocate position to Jackson County YHOP law enforcement agencies (SAVS Program Manager) • Provide peer support, information, referral, advocacy and crisis intervention, counseling by phone and in person and follow-up services to victims of sexual assault with YHOP advocate (HelpLine and acute response advocates) • Complete SAVS training (YHOP advocate); cross-train with partner agencies, including trainings on youth and relevant UMOC/TN victim needs (YHOP advocate and acute advocates, SAVS Program Manager) • Gather and keep accurate data, including client satisfaction forms, to help evaluate project progress and meet CVSD reporting requirements (YHOP advocate, SAVS Manager and Community Works staff) • Take part in community outreach about the program with partners, as needed (YHOP advocate) • Contribute to review and revision of project policies and protocols, as needed (YHOP advocate and/or SAVS Manager), serving as liaison between CW and YHOP program. • Attend monthly JC SART response review meetings (YHOP advocate, SAVS Program Manager) Partner: Lotus Rising Project History of Partnership: We have partnered frequently to provide violence prevention education in county schools and JC SART utilizes their staff and Youth Empowerment Theater in community presentations. Benefits of Partnership: The agency provides guidance on how to engage LGBTQI residents, with particularly strong connections to LGBTQI youth. Responsibility or Activity / (Responsible Staffl • Provide training to Ashland Police Department agency personnel, SANE nurses and the dedicated YHOP advocate on overcoming barriers LGBTQI population and youth face in seeking services, engaging in the criminal justice system and reporting crimes against them (Julie Akins or outreach staff) • Consult on individual cases as requested by law enforcement (Julie Akins or outreach staff) • Assess YHOP policies regarding serving LGBTQI and LGBTQI youth populations (Julie Akins or outreach staff) • Provide services to LGBTQI victims (staff) Jackson County Mental Health History of Partnership: The agency has a long history of providing services to JC SART clients. Benefits of Partnership: The agency provides important guidance on how to identify, engage with and understand the barriers facing clients with mental health issues, and offers services to help victims. Responsibility or Activity/ (Responsible Staff) • Provide training to Ashland Police Department agency personnel, SANE nurses and the dedicated YHOP advocate on overcoming barriers victims with mental health issues face in seeking services, engaging in the criminal justice system and reporting crimes against them (Anna D'Amato) • Consult on individual cases as requested by law enforcement (Anna D'Amato) • Assess YHOP policies regarding serving victims with mental health issues (Anna D'Amato) • Provide services to victims with mental health issues (staff) Partner: Maslow Project History of Partnership: The agency has a long history of providing services to JC SART clients and teaming with us to offer violence prevention education in county schools. Benefits of Partnership: The agency provides important guidance on how to identify, engage with and understand the barriers facing homeless youth. Responsibility or Activity / (Responsible Staff) • Provide training on overcoming barriers homeless youth face in seeking services, engaging in the criminal justice system and reporting crimes against them (Cheyenne Nichols or outreach staff) • Consult on individual cases as requested by law enforcement (Cheyenne Nichols or outreach staff) • Assess YHOP policies regarding serving homeless youth populations (Cheyenne Nichols or outreach staff) • Provide services to homeless victims (staff) Partner: Southern Oregon University Office for Student Support and Intervention History of Partnership: JC SART has a long-time collaborative relationship with SOU OSSI; they are members of our SART and we in turn are members of SOU's Victim Prevention and Response Advocates. Benefits of Partnership: Partnership enables greater access to a significant victimized population and helps both partners to coordinate Title IX requirements and law enforcement response. Responsibility or Activity/ (Responsible Staff) • Provide training on overcoming barriers college students face in seeking services, engaging in the criminal justice system and reporting crimes against them (Angela Fleischer) • Consult on individual cases as requested by law enforcement (Angela Fleischer) • Assess YHOP policies regarding serving college student populations (Angela Fleischer) • Provide services to college student victims (Angela Fleischer and staff) Timeframe: This MOU will commence on July 1, 2015 and will dissolve at the end of the VAWA grant funding period on June 30, 2017. Confidentiality. In order to ensure the safety of clients, all parties to the memorandum of understanding agree to adhere to the confidentiality expectations as outlined in the VAWA Grant Agreement. JACKSON COUNTY SART Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: ASHLAND POLICE DEPARTMENT Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: JACKSON COUNTY SHERIFF'S OFFICE Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: COMMUNITY WORKS/SEXUAL ASSAULT VICTIM SERVICES Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: LOTUS RISING PROJECT Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: JACKSON COUNTY MENTAL HEALTH Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: MASLOW PROJECT Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: SOU OFFICE FOR STUDENT SUPPORT AND INTERVENTION Authorized Official: Signature Printed Name Title: Address: Telephone(s): E-Mail Address: CITY OF ASHLAND Council Communication May 05, 2015, Business Meeting Approval of Contract for GIS Software Maintenance FROM: Jason Wegner, GIS Manager, Public Works, wegnerj@ashland.or.us SUMMARY Staff is requesting the City Council, acting as the local contract review board, authorize the City Administrator to sign a contract for Geographic Information System (GIS) software maintenance for a term of three years and a cost of $75,000 ($25,000 per fiscal year). BACKGROUND AND POLICY IMPLICATIONS: The Public Works GIS Division is currently using Environmental Systems Research Institute (ESRI) GIS software for core GIS functionality. Approving the ESRI Small Municipal and County Enterprise License Agreement (ELA) for a three year term will allow the City to continue unlimited access to all of the software ESRI offers, in unlimited quantities, precluding the need to buy each license separately. The ELA offers the following benefits: lower costs per unit for licenses software; substantially reduced administrative and maintenance expenses; and complete flexibility to deploy software products when and where needed. Software licenses and maintenance are proprietary, and in accordance with AMC 2.50.090(I)(2), which are exempt from competitive bidding requirements. This is analogous to a contract amendment as it is a continuation of a previous maintenance contract. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Total cost is $75,000 ($25,000 per fiscal year for three years). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract for unlimited access and maintenance of all ESRI (GIS) software for a term of three years and a cost of $75,000 ($25,000 per fiscal year) be approved. SUGGESTED MOTION: I move approval of the ESRI Small Municipal and County Enterprise License Agreement for GIS software. ATTACHMENTS: ESRI Small Enterprise License Agreement: County and Municipality Page I of I ~r, • Qesri~ Quotation # 20465288 Date: March 4, 2015 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer # 148538 Contract # 606 Columbia St NW, Ste 300 Olympia, WA 98501-1099 City of Ashland Phone: (909) 793-2853 Fax: (360) 943-6910 Public Works DUNS Number: 06-313-4175 CAGE Code: OAMS3 20 E Main St Ashland, OR 97520 To expedite your order, please attach a copy of this quotation to yourpurchase order. ATTENTION: Jason Wegner Quote is valid from: 0310412015 To: 08/31/2015 PHONE: (541) 552-2417 FAX: Material Qty Description Unit Price Total 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00 Agreement: Year 1 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00 Agreement : Year 2 110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00 Agreement: Year 3 Item Total: 75,000.00 Subtotal: 75, 000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $75,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Sarah Barnes Email: sbarnes(aD-esri.com Phone: (909) 793-2853 x8934 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 BARNESS This offer is limited to the terms and conditions incorporated and attached herein. no Quotation # 20465288 Ges Date: March 4, 2015 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer # 148538 Contract # 606 Columbia St NW, Ste 300 City of Ashland Olympia, WA 98501-1099 Public Works Phone: (909) 793-2853 Fax: (360) 943-6910 20 E Main St DUNS Number: 06-3134175 CAGE Code: OAMS3 Ashland, OR 97520 To expedite your order, please attach a copy of ATTENTION: Jason Wegner this quotation to your purchase order. Quote is valid from: 0310412015 To: 0813112015 PHONE: (541) 552-2417 FAX: if you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order forth e quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not he accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and anylall applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: _ I agree to pay any applicable sales tax. _ I am tax exempt, please contact me if exempt information is not currently on file with Esri. Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected an this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales andfor use tax at the actual date of invoicing. If your organization is lax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Sarah Barnes Email: sbarnesOesri.com Phone: (909) 793-2853 x8934 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.comllegal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No, 54630, Los Angeles, Ca 90074-4630 BARNESS This offer is limited to the terms and conditions incorporated and attached herein. Authorized Distributor/Esri Use SMALL Only: esn ENTERPRISE LICENSE AGREEMENT Cust. Name Cust. COUNCi ANDMIARIPA1.11Y PO ft Esri Agreeaent at Esri, 380 New Yak St_, Redlands, CA 92373-8100 USA - TEL 909-793-2853 - FAX 909-793-5953 This Small Enterprise License Agreement ("ELA") is by and between the organization listed on the signature page ("Licensee"); Environmental Systems Research Institute, Inc. ("Esri"); and, if Licensee is located outside the United States of America (USA), the Authorized Distributor listed on the signature page ("Authorized Distributor"). Authorized Distributor is authorized by Esri to provide access to Online Services and provide ELA Maintenance for Enterprise Products and other benefits, as described herein, to Licensee located outside the USA. This ELA sets forth the terms for Licensee°s use of Enterprise Products and incorporates by reference (i) the ELA Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this ELA, the order of precedence for the documents shall be as follows: (i) the ELA Quotation, (ii) Small Enterprise License Agreement, and (iii) the License Agreement. This ELA shall be governed by and construed in accordance with the taws of the state in which Licensee is located without reference to conflict of laws principles, and the USA federal lacy shall govern in matters of intellectual property. The modifications and additional rights granted in this ELA apply only to the Enterprise Products listed in Table A. Table A List of Enterprise Products Unlimited Quantities Developer Tools Desktop Software and Extensions ArcGIS Engine AreGIS for Desktop Advanced AreGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS ArcGIS for Desktop Standard Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS •for Desktop Basic ArcGIS Network Analyst, ArcGIS Schematics ArcGIS for Desktop Extensions: AreGIS 3D Analyst, ArcGIS Runtime Standard ArcGIS Spatial Anaiysl, ArcGIS Geostatistical Analyst, ArcGIS Runtime Standard Extensions: ArcGIS 3D Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS ArcGIS Spatial Analyst, ArcGIS Network Analyst Schematics, ArcGIS Workflow Manager for Desktop, ArcGIS Data Reviewer Limited Quantities One (1) Annual Subscription to Esri Developer Network Server Software and Extensions (EDN) Standard* ArcGIS for Server Workgroup and Enterprise One (1) Esri CityEngine Advanced Single Use License (Advanced, Standard, and Basic) One (1) Esri CityEngine Advanced Concurrent Use License ArcGIS for Server Extensions: ArcGIS 3D Analyst, One (1) ArcGIS Online Subscription ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Server, ArcGIS Image Extension for Server Other Benefits One (1) ArcGIS Online subscription with specified named users and credits as determined in the Level 2 program description Number of Esri User Conference registrations provided annually 2 Number of Tier I Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested** 2 Virtual Campus Annual User License allowance 5,000 Five percent (51/o) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) *ELA Maintenance is not provided for these items. **Additional sets of backup media may be purchased for a fee. E214-1 (Level t) Pace I of6 W1912014 Licensee may accept this ELA by signing and returning it with an Ordering Document that matches the ELA Quotation and references this ELA_ ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS ELA WILL GOVERN. Unless otherwise mutually agreed to, this ELA is effective as of the date of the last signature on the signature page ("Effective Date"), or if no date is provided with the signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this ELA by reference. This ELA supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Enterprise Products. Except as provided in Article 4--Enterprise Product Updates, no modifications can be made to this ELA. This ELA may be executed in duplicate by the parties. An executed separate signature page transmitted through electronic means, such as fax or e-mail, is valid and binding even if an original paper document bearing each party's original signature is not delivered. Accepted and Agreed: (Licensee) By: Authorized Signature Printed Name: AP OVED A T )RM Title: Ashland ty Attomey Date: Date 41 _ 7-q _ { LICENSEE CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Couurtry: ELA Quotation Number (if applicable): E214-1 (Lere6 1) Page 2 of 6 06/1912014 1.0-A .DDITIONA1, W.JAN1TIONS Support. Licensees located in the USA will receive Tier 2 Support from Esri. Licensees outside the USA will In addition to the definitions provided in the License receive Tier 2 Support from an Authorized Distributor Agreement, the following definitions apply to this ELA: located in the Licensee's region. "Deploy" means to redistribute and install the Enterprise Products and related Authorization Codes within ?.0-r~DDITIO tA[. GRANT OF' C fCESF Licensee's organization(s). 2.1 Grant of License. Subject to the terms and "ELA Maintenance" means flier 2 Support, updates, and conditions of this ELA, Esri grants to Licensee a patches provided by Esri or its Authorized Distributor to personal, nonexclusive, nontransferable Term Licensee for the Enterprise Products. License solely to use,, copy, and Deploy quantities of the Enterprise Products listed in Table A for the term "ELA Quotation" means the Small Enterprise License provided in Section 3.l Term (i) for which the Agreement offer letter and quotation provided separately applicable license fees have been paid and (ii) in by Esri or its Authorized Distributor to Licensee. accordance with the License Agreement_ "ELA Fee" means the fee set forth in the ELA 2.2 Consultant Access. Esri grants Licensee the right to Quotation. permit Licensee's consultants or contractors to use the Enterprise Products exclusively for Licensee's "Enterprise Products" means the Products identified in benefit. Licensee shall be solely responsible for Table A-List of Enterprise Products and any updates to compliance by consultants and contractors with this such list provided in writing by Esri or its Authorized ELA and shall ensure that the consultant or Distributor. contractor discontinues use of Enterprise Products upon completion of work for Licensee. Access to or "Incident" means a failure of the Software or Online use of Enterprise Products by consultants or Services to operate according to the Documentation contractors not exclusively for Licensee's benefit is where such failure substantially impacts operational or prohibited. Licensee may not permit its consultants or functional performance. contractors to install Software or Data on consultant, contractor, or third-party computers or remove "License Agreement" means the applicable license Software or Data from Customer locations, except for agreement incorporated by this reference that is (i) found the purpose of hosting the Software or Data on at http://%~,xr,w.esri.com/lc2al/sofri~'are-license; composed Contractor Servers for the benefit of Licensee. of the. General License Terms and Conditions (E204) and Exhibit 1, Scope of Use (E300); and available in the 0-TERM, TvRt11NATI ON, AND ExPIR 1TION installation process requiring acceptance by electronic acknowledgment or (ii) a signed license agreement 3.1 Term. The term of this ELA and all licenses between Esri, Distributor (if applicable), and Licensee hereunder shall commence on the Effective Date and that supersedes such electronically acknowledged license continue for three (3) years, unless this ELA is agreement. terminated earlier as provided herein. Licensee is "Technical Support" means a process to attempt to only authorized to use Deployed Enterprise Products resolve reported Incidents through error correction; during the term of this ELA. No indefinite term or patches; hot fires; workarounds; replacement deliveries; perpetual license grants are provided with this ELA. or any other type of Enterprise Product corrections or 3.2 No Use upon Expiration or Termination. All modifications. Deployed Enterprise Product licenses and all ELA "Tier 1 Help Desk" means Licensee's point of contact Maintenance, Virtual Campus access, and User from which all Tier I Support will be given to Licensee. Conference Registrations terminate on expiration or termination of this ELA. "Tier 1 Support" means the Technical Support provided by the Tier I Help Desk as the primary contact to 3.3 Termination for a Material Breach. Either party Licensee in attempted resolution of reported Incidents. may terminate this ELA for a material breach by the other party. The breaching party shall be given a "Tier 2 Support" means the Technical Support provided period often (10) days from the date of written notice by Esri or its Authorized Distributor to the Tier 1 Help to cure any material breach. Desk when the Incident cannot be resolved through Tier E214-1 (Level 1) Page 3 of 6 06l19n014 3.4 Termination for Lack of Funds. For government or a. Tier I Support Provided by Licensee government-owned entities only, either party may terminate this ELA for Lack of Funds. Lack of Funds L Licensee shall provide Tier I Support through is the inability of Licensee to secure appropriation of the Tier I Help Desk to all Licensee's authorized funds through the legislative or governing body's users. approval process for annual payments due. 2. The Tier 1 Help Desk will use analysts fully trained in the Software they are supporting. 4.0-ENTERPRISE PaautIC~~ E3Pr~.aTEs 3. At a minimum, Tier I Support will include those 4.1 Future Updates. Esri and its Authorized Distributor activities that assist the user in resolving how-to reserve the right to update the list of Enterprise and operational questions as well as questions on Products in Table A by providing written notice to installation and troubleshooting procedures. Licensee. Licensee may continue to use all Enterprise Products that have been Deployed, but support and 4. Tier i Support analysts will be the initial points upgrades for deleted items may not be available. As of contact for all questions and Incidents. Tier 1 new Enterprise Products are incorporated into the Support analysts shall obtain a full description of standard program, they wil l be offered to Licensee each reported Incident and the system via written notice for incorporation into the configuration from the user. This may include Enterprise Products schedule at no additional charge. obtaining any customizations, code samples, or Licensee's use of new or updated Enterprise Products data involved in the Incident. The analyst may requires Licensee to adhere to applicable additional also use any other information and databases that or revised terms and conditions of the License may be developed to satisfactorily resolve Agreement. Incidents. 4.2 Product Life Cycle. During the term of this ELA, 5. If the Tier I Help Desk cannot resolve the some Enterprise Products may be retired or may no Incident, an authorized Tier I Help Desk longer be available for unlimited quantity individual may contact Tier 2 Support. The Deployment. ELA Maintenance shall be subject to Tier 1 Help Desk shall provide support in such a the individual Product Life Cycle Support Status and way as to minimize repeat calls and make Product Life Cycle Support Policy, which can be solutions to problems available to Licensee. found at http://sul2port.esri.com/en/content /productlifecvcles. Updates for Enterprise Products in 6. Tier I Help Desk individuals identified by the mature and retired phases may not be available; Licensee are the only individuals authorized to however, Licensee may continue to use Deployed contact Tier 2 Support. Licensee may revise Enterprise Products for the term of this ELA, but named individuals by written notice. Licensee will not be able to Deploy retired Enterprise Products. b. Tier 2 Support Provided by Esri or Its Authorized Distributor 5.0-ELA MAINTENANCE 1. Tier 2 Support shall tog the calls received from ELA Maintenance is included with the ELA Fee. ELA Tier I Help Desk individuals. Maintenance includes standard maintenance benefits 2. 'Pier 2 Support shall review all information specified in either (i) the most current applicable Esri collected by and received from Tier I Help Desk Standard Maintenance Program document (found at individuals including preliminary documented 1ittp:/hwwNv.esri.com/leL,al) for USA-based Licensees or troubleshooting provided by Tier I Help Desk (ii) the applicable Authorized Distributor software when Tier 2 Support is required. maintenance policy as modified by this Article 5.0--ELA Maintenance. At Esri's sole discretion, Esri may make 3. Tier 2 Support may request that Tier I Help patches, hot fixes, or updates available for download. No Desk individuals provide verification of Software other than the defined Enterprise Products will information, additional information, or answers receive, ELA Maintenance. Licensee may acquire to additional questions to supplement any maintenance for other Software (non-Enterprise Products) preliminary information gathering or outside this ELA_ troubleshooting performed by Tier 1 Help Desk. E214-1 (l.cwt 1) Page 4 of 6 06/1412014 -l. Tier 2 Support shall attempt to resolve the of the anniversary date of the Effective Date, with the Incidents submitted by Tier I Help Desk by initial payment due within thirty (30) calendar days assisting Tier I Help Desk individuals. of execution of this ELA. Esri's Federal ID Plumber is 95-2775-732. 5. When the Incident is resolved, Tier 2 Support b. Upon receipt of the initial Ordering Document from shall communicate the information to Tier I Licensee, Esri shall authorize download of the Help Desk individuals, and Tier I Help Desk Enterprise Products to Licensee for its Deployment shall disseminate the resolution to the user. activities. If requested, Esri will ship backup media to the ship-to address identified on the Order, FOB Destination, with shipping charges prepaid. For those 6.0-ENDORSENIE\T AND PUBLICITY entities that avoid sates tax by downloading deliverables, request for delivery or receipt of This ELA shall not be construed or interpreted as an tangible media may cause license fees to be subject to exclusive dealings agreement or Licensee's endorsement taxes. Licensee acknowledges that should such taxes of Esri or its Authorized Distributor. Licensee agrees that become due, Esri has a right to invoice and Licensee Esri and its Authorized Distributor may publicize the agrees to pay any such sales or use tax associated existence of this ELA upon execution. with its receipt of tangible media. c. Esri shall provide Authorization Codes to activate the 7.0-it►.D`N11! I STIZAtt!' E REQ1 I RE NIENTS nondestructive copy protection program that enables the Enterprise Products to operate. 7.1 OEM Licenses. Under Esri's OEM or Solution OEM d. Licensee shall Deploy, install, configure, and track the Deployment status of the Enterprise Products. programs, OEM partners are authorized to embed or bundle portions of Esri products and services with 8.2 Order Requirements their application or service. OEM partners' business model, licensing terms and conditions, and pricing a are independent of this ELA Licensee shall not seek . All orders pertaining to this ELA shall be processed 's centralized any discount from the OEM partner or Esri based on throw Licensee point of contact- the availability of Enterprise Products under this 1). The following information shall be included in each ELA. Licensee shall not decouple Esri products or Order (or Ordering Document): services from the OEM partners' application or (1) Licensee name; Esri customer number, if known; service. and bill-to and ship-to addresses 7.2 Annual Report of Deployments. At each (2) Order number anniversary date and ninety (90) calendar days prior (3) Applicable annual payment due to the expiration date of this ELA, Licensee shall provide a written report detailing all Deployments to 9,I)--T'Ra[NI \G either (a) Esri if Licensee is located in the USA or (b) Authorized Distributor if Licensee is located 9.1 Training Description. Esri offers instructor-led outside the USA. The report will be subject to audit. training related to the use of its proprietary GIS software. Esri will provide to Licensee a fixed 7.3 Renewal. Any follow-on ELA will be offered in number of training days to use for instructor-Led accordance with then-current FLA pricing and Training, as defined in this Small Enterprise Training license terms and conditions. Package, if purchased. Instructor-Led Training events occur at an Esri Learning Center or via the web in a I3.(}-QItDLIit\G,D~1i\IS1`121°tl4'E cloud environment. The Esri software training course(s) to be conducted, location, schedule dates, PROCEDURES, DFLIVERY, AN[) and registration requirements are set forth in the Esri D r p t,o i, r N T Training catalog located on F.sri's Training website (htip:!ltraininp.esri.co,n,. All courses are conducted 8.1 Orders, Delivery, and Deployment in substantial conformity with course descriptions outlined on the Esri Training ivebsite. Esri reserves a. Licensee shalt issue an Ordering Document upon the right to modify course content when necessary execution ofthis ELA and annually thereafter in due to software technical capabilities or limitations. accordance with the ELA Quotation. Payment shall be due and payable within thirty (30) calendar days E214-1 (L t 1) Paw 5 of6 06/1912014 9.2 Unique Terms for the Small Enterprise Training Package a. To order training, Licensee must include training in the Ordering Document for the ELA or provide an Ordering Document as required and specified within the ELA that snatches the Esri quotation. b. Where Licensee submits an additional Ordering Document to purchase training days for additional year(s), any unused training days will automatically roll over. c. An Ordering Document is required annually for each three (3)-year term. Failure to submit an annual Ordering Document will result in the forfeit of unused training days. d. Licensee must assign an individual within its organization to the role of Training Administrator to serve as liaison between Licensee's organization and Esri as well as internally manage and authorize allocated training days. e. The training days are available for a period of twelve (12) months, commencing on the Effective Date, and ending when all training days are consumed, whichever is sooner. f. Esri will invoice for outstanding training expenses where applicable. g. Training days are not transferable and not refundable for any other Esri products or services. E214-1 (feet 1) Page 6 of 6 0l912014 CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting 2015 Annual Appointments to Boards, Commissions, and Committees FROM: Barbara Christensen, City Recorder, christebkashland.or.us SUMMARY Approval of the Mayor's recommendations for annual appointments to the various commissions and committees. BACKGROUND AND POLICY IMPLICATIONS: The ending term for most commission/board members is April 30, 2015. Proper notice was made in our local newspaper and the City's website on the vacancies. Appointments are 3-year appointments with terms ending April 30, 2018, with exception of the Planning Commission which are 4-year appointments with terms ending April 30, 2019, and the Band Board which are 1-year terms. AMC 2.10.040 - Section 2.10.040 Quorum and Effect of Lack Thereof A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions. Non-voting ex officio members, staff and liaisons do not count toward the quorum. Airport Commission - 9 members - (two seats open after appointments/quorum required = 5) David Wolske - reappointment Band Board - 7 members - (Commission full) Ling Helphand - reappointment Don Bieghler - reappointment David Hoxie - reappointment Ed Wight - reappointment Sylvia Schmeling - reappointment Tim McCartney - reappointment Bruce Dresser - new appointment Buildings Appeal Board- 6 members - (one seat open after appointments/quorum required = 4) Royce Duncan - reappointment Conservation Commission - 5 members - (Commission full) Mark Weir - reappointment Page 1 of 2 Vr, CITY OF -ASH LAN D James McGinnis - reappointment Cara Winthrop Cruickshank - new appointment Forest Lands Commission - 7 members - (two seats open after appointments/quorum required = 4) No applications Historic Commission - 9 members - (Commission full) Allison Renwick - reappointment Dale Shostrom - reappointment Sam Whitford - reappointment Housing & Human Services Commission - 9 members - (one seat open after appointments/quorum required = 5) Heidi Parker - reappointment Gina DeQuenne - reappointment Planning Commission - 7 members - (Commission full) Lynn Thompson - reappointment Haywood Norton -new appointment Public Arts Commission - 7 members - (one seat open after appointments/quorum required = 4) Dana Bussell - reappointment Margaret Garrington - reappointment Sandra Friend - reappointment Laurel Merchant - new appointment Transportation Commission - 7 member - (one seat open after appointments/quorum required = 4) Joe Graf - reappointment David Young - reappointment Dominic Barth - new appointment Tree Commission - 7 members - (two seats open after appointments/quorum required = 4) Russell Neff-reappointment Casey Roland - reappointment FISCAL IMPLICATIONS:' N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve annual appointments to the various City Commissions as recommended by Mayor John Stromberg. ATTACHMENTS: Applications received Page 2 of 2 Mr, CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recor r at~ City Hall, 20 E Main Street, or email ciuishnb( ztshl_aiid If you have any questio , please feel free to contact the City Recorder at 488-5307. Attach additional shee"Wif necessary. I, D Named C Q e ~S ? _ Requesting to serve on: U 1n CA L yn (Commission/Committee) , Lit Address ~7 GUQ L(~ ~,1- ~`Y+'t e i~ ~GtM d 1~ 7 S Z C7 Occupation T ~Gt e r MttS l c Q~ Phone: Home S ~ ! 9 Work Email b ►-ejs,z rear ~F . h~~ Fax 1. Education Background J What schools have you attended? 37, L~c Cc Sk(A Q v , T S C) Lk What degrees do you hold? !1 Ctc~~. o ~u' tC.* M u,~ ear- o ih 'T-Q- a CINL L. What additional training or education have you had that would apply to this position? s~~J bo4,,~ W-44,.z r1uV-%4e Mgv(( ,6a C'(u6 ~yr 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 1 ba-`e au4A 'f r-, m p,~ L 4tY~-Q, 4 A I rnuktr_ Ntt~tA~ SC GtoCf -H"OL44k cflj~ ~Qv~t, LeA tit a _1eaSR~s Cc _ ~ to Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why'? J~Q~ jn~eps c r, ~y . f 3. Interests r Why are you applying for this position`? r f,h I hoer-PS44 I V\ - tQ'd Pbtt - {C1 f I cue 145 I"d C,(4Z ~a,+ d aocal 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? _ V Q* t 5. Additional Information How long have you lived in this community? j VQAT S Please use the space below to summarize any additional qualifications you have for this position th t~ r--Q✓tou C veer Qk G, -k4 tc I wY 4o-y- t wii-kf4 0 y ~ e-Y.s CL4 i 1 & ! C ~ I to 2 b-.c a$,4,d n1aVl(t a P rj , cLw\ qWk 4-o e uhr) e c f vp-d w A heop (p- a h j d-YA 0. qoD c~ i<4 r . _ 14 h h 1 -C .i k4l 0 a. V e e r Q~ 0. ~ e u c.~~ ~ Q cVj C J w~ - lt(ttT 40 4Lkccells*/'ut 6U~Cdl~►~@.} drllc' ~l4✓Q ~~ctr~~rd~ ~l~k U Q Q d - - k\ - 1~~ ~W~ T~YvnS QS 0, t1nQ yyt~` o`f d' P-o ~Ct (t S y ~'n ~l h ~y O fC ( e ( f~-a ` C 4"n, Ae Date Signature XX CITY or -ASHLAND e APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email>~. u, If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name- Cara Winthrop Cruickshank Requesting to serve on: Conservation Commission, the Tree Commission, and/or the Bee City Committee Address- 1 193 Ashland Mine Rd. Occupation- Environmental Consultant, (Outreach and Education), and non-profit business owner since 2003. Phone: Home/work- 541-973-3716 Email-carawcruickshank a,gmail.com 1. Education Background What schools have you attended? St. Marks Academy for high school, The Evergreen State College, and Antioch University, Seattle. What degrees do you hold? Master of Arts in Environment & Community Bachelor of Arts in Whole Systems Health What additional training or education have you had that would apply to this position? I've taken, the 'Watershed Restorations Institute's stormwater training', an `EPA Pollution Prevention' training,, `Landscaping with Natives' and `Making Meetings Work' trainings, many workshops in communications, several conflict resolution trainings, and one in Mediation. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? In 2003 I co-founded a 501 (c)(3) non-profit business called ECOSmlutions, and the City of Bainbridge Island was our first funder. From 2004208 in WA. State we were the Natural Resources Consultants for City, where we coordinated Island-wide education & outreach for the Phase 2 Stormwater Permit, developing and implementing educational programs for diverse local audiences and schools. I temporarily worked as the Educational Outreach Coordinator for the Kitsap County Dept. of Natural Resources, where I wrote grants and assisted in coordinating and implementing environmental events such as the Salmon Tours and the Watershed Academy. I designed and implemented demonstration rain gardens and bio-swales for the City's education, and taught the building community about that and other Low Impact Development methods. For 4 years I was also the Vice President of the Bainbridge Island Watershed Council, which worked very closely I with the City Water Quality Coordinator in the public Works Division. We coordinated outreach programs, managed communications and budgets for stream restoration, water quality monitoring, stormwater runoff prevention, and also did salmon restoration projects with the public. On my own in 2006, I developed a pollution mitigation program with grants from City, County, State, and Federal agencies, to farm oysters as bio-filters, while educating the public about reducing nutrient pollution from their septic systems and backyards. I worked closely with, and was partially funded by the City Planning Department for that project, along with grants from National, State, County and Tribal agencies. We made the front page of the Seattle newspaper, and recruited over 100 volunteers of all ages. Many school students helped me, and I brought the oysters to all 6 schools on the Island as part of my science education program. I moved here, and worked for a year at Blue Sky as an outreach associate talking with homeowners about renewable energy options, because climate change and energy conservation are 2 issues that I really care about. I also worked with Southern Oregon Climate Action Now, as a volunteer and as an educational consultant for a school program. I've helped Our Family Farms with outreach and canvassing, and now am re-starting EcoSolutions down here in Southern Oregon. It will be the fiscal sponsor for tite Pollinator Project Rogue Valley, and I will be writing other grants for funding a few different projects as well. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Yes. Furthering one's education in any endeavor is usually, helpful, because the world of conservation is an ever-changing one. Informed citizens K, professionals need to stay current in all kinds of issues that affect us locally, and sometimes there are just the right conferences or seminars that can help a person or a group move forward in a shared understanding of an issue. Sometimes members within a group can train up the other members about something if he or she has the right qualifications and a decent presentation. Otherwise outside trainings and conferences can help bring a people up to speed on issues of local concern, 3. Interests Why are you applying for this position? 1. I'm applying because I have a pretty long record of heing involved in City issues concerning conservation, and I'm excited about the possibility of contributing to this community now. (My parents modeled civic duty to me, and we all enjoy it.) As a homeowner now, the City of Ashland and its staff have impressed with their energy audits, and have been stellar in giving us rebates as we installed energy efficient appliances. I was an active member of SOCAN for a year, helping on the education committee, and with also worked for a different regional power company in their Blue Sky program promoting renewable energy, so Fm very interested in power resource decisions, especially as they pertain to renewable resources. My partner is a solar energy and hot water system installer, so I've learned how reasonable it would be here in southern Oregon to utilize solar power more than we currently are. Also, the small bit of hydroelectric power Ashland creates is something to be proud of, and I'd like to help towards helping educate our citizens even further then we are now about electrical efficiency and easy conservation measures at home or work. 2. Living here during a drought has made me very aware of the water conservation issue. ICs something that could be affecting us for years to come, if the locally projected climate change data is at all close to accurate. Climate change is not my main issue, (you have Marni for that). However, with a water quality background, I'd say that managing our precious water resources is a very major interest, and one that I've been learning about for the several years. The city of Ashland, and we citizens have done a great job already with the water issue, and the lawn removal project is a good example of the kind of programs that we may need more of. I practice water conservation at home with drip irrigation, reducing water use in the house, and planting with drought tolerant plants. We're planning to put in a gray water system this summer, and roof water catchment is another plan for our home. It's also something I wonder about as another possible City focus for water conservation. Since I enjoy advocating for these conservation issues with many people in this community, it's another reason that I'm highly interested in being on the Conservation Commission. ELA 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? I prefer evening, because I still work, and am re-starting my environmental non-profit business. But one morning could work, as well as occasional weekends. 5. Additional Information How long have you lived in this community? 3.5 years. My partner and I bought an 1883 fannhouse in 2013. Ile lives here part time, because lie still owns a medical clinic in CA. Please use the space below to surnmarize any additional qualifications you have for this position: • 1 received the 2004 Kitsap County Earth Day Award for Outstanding Achievement in Household Hazardous Waste Reduction, and was also recognized in 2006 as a recipient of the Island "Who's Who" award of successful citizens giving back to their community • For nearly 2 years, I volunteered on a Citizens Committee to update our Critical Areas Ordinance, which was quite a challenge, and taught me a great deal about working with local municipalities. Then later, I was part of the City, but State-driven process of updating our Shoreline Master Program, which was even harder because of the properly-rights activists that organized in opposition to the State mandate. • I spearheaded a bridge-building process with the conservative group, organizing meetings with a trained facilitator to help us communicate towards some common ground. It went well and helped to turn down the heat between the two sides, but then the property rights folks stopped attending, and so it was over. • I've joined Rogue Conversations (with Jeff Golden), which essentially has the same mission as above. We're the right and left of Jackson County, with everything in between, meeting to discuss and understand our difference, and also find issues which we agree on. In a year and a half, we've found a surprising amount of over-lap. This could be a very important process for any community with complicated conservation or natural resource issues, because it brings diverse citizens and/or stakeholders together in a safe space that can then foster productive dialogue. Very few communities are doing this kind of bridge building, and Ashland has a diverse array of people moving here that are not very civically involved. There might be ways to bring in more people if we framed it differently. Most conservation issues encompass a diversity of perspectives, and good conservation programs like Ashland's, include that diversity in order for programs to be implemented more effectively. Learning as I go, I'm reasonably certain that I could bring some useful contributions to the City's Conservation Commission, and would be happy to do so. Thank you for considering me. !nuicleQl~~' March 18"'. 2015 3 CITY OF -AS H LA,/ D APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the Citycorder at 41 ti City flail, 20 P Main Street, or email cl~ristcb;n_~°,hland.or.us. If you have any question's,, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if;'•. necessary. Name 1 f ' i1r{ Requesting to serve on: (Commission/Committee) r Address Occupation Phone: }Tome Work Email Fax 1. Education Background What schools have you attended What degrees do you hold? What additional training or education have you had that would apply to this position? .--~~-~J~ r`a't ~_'_v~a':~.;~;~?~`~1 t`~~~ _ ~L~~~~-~•~~C" d 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why?1 LAB 3. Interests Why are you applying for this 'position? Ili " ? ' 21 ` 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? 5. Additional Information s How long have you lived in this community? Please use the space below to summarize any additional qualifications you have for this position Date Signature I LALI CITY OF -ASH LAN D APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Re rder at City Hall, 20 E Main Street, or email christeb'ri!ashland.or.us. If you have any quest' please feel free to contact the City Recorder at 488-5307. Attach additional s is if~ sc Sa~ necessary. e Y ~~~1S Name c i-t V-- y 11~ L 12 D Requesting to serve on: 'riZt= t- C- a JA A,-\ 1 S r ~a iii (Commission/Committee) Address t ( G~ tZ Y~ i l z"t tZi; t= `i' i 5 i i r 1~( l~ Occupation \-Lc- % t iz e c> _ Phone: Home 5 ``l U U U L W-04~ -S u - Lt Z-~Z i 2., Email LS.-_c w i r` 2 -t C ~2 Fax vl ';J 1. Education Background What schools have you attended? S c.z a rn t-t i s `S a :Y v F, C o L What degrees do you hold? t%1- A l Ck S y- UtZL ,L N S r i OLLL c,c:~ t~ S l=c2t= s i~~ i lei S Z What additional training or education have you had that would apply to this position? k'1V✓kN(_.L-70 SN1.-V U F -2AL- ✓~~KjltlC, ~~PuN~yn i~ ~ C7 -'H L oft J L fZ ii ~ L ~ , 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? 3 v t= .a 2 .5 -bi i i 14 U 5 17- S `~I ,4W-, c, - i-- `~S i iu114►L~ L , A~ F-f -r-- kv C- i \ \J + i i l=' S i K C L 4 D i r--4 C I K N= ICI i C? '.Z t', ,Ul t?3 i S2 df L-1. t! V A - 12 V\t ( /0 (4 g,l/t~~(-✓kT--l(_lJ C/"( ~~L G>L fl/ ~-tZ- J ~I C ILr~ L rV 1~ ~5 ~/j S L rIZ ( t _ l Li -/~i2s c l S 1 I- hl s 5 V C. , --c u i `f~ ti . S , i_ ii S ! t• V~v"' ~11 ! y a L? S tZ Do you feel it would e5advantageousafor you to have further tratmng in this fieYd, such as attending conferences or seminars? Why? Q C- L v ILS L ilJk L':~-n( / ~~J S C~ n C I~Cz u N✓~ n (~i 1c i Z'i cryti[ (~`l ~~Zi=F[ti C✓a L ~j ~rS , r tti 5 tZC--G 1'Z-t~ t_ L 5 C,) ir- a t L ru L L' MINIM 3. 'Interests Why are you applying for this position? C o kA W i c r'J i t LL Y ~-c; v;, i1~t i'~ vs i~✓ :~Cl~ 'T tf-t= C, ;vl, AAV-J l 11k,,Ln L :7d i P, r15 L- /1 !1(C w %2t L l~ 7!;1K 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? S r r.~ 01 V t ou N tom L, Y4~ AA r ijVG~~ Sitc'~} roc l3L i~ l~ 2G i3~i=rte,. ~~•J t'Ti4,~.`> (~tiZL Fi..= d~~ L'~7 5. Additional Information How long have you lived in this community?~ t= r ti3 ;2y "vi,~{~ 15 Please use the space below to summarize any additional qualifications you have for this position r Q 12 t / 1 i:` -tln v rL- tJ C v{ if 2 C L UJ i_% /k) L j,v i-~ L is o 67 Z c, L L L a2 L / I T i_ (Li~- S' S i11T ~ 'b 'C3 ,y iQ t3 ( ~ Date Signature ~r, CITY OF . - SHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email clu;sreb c ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. / Name_ V Uel/G a !lt Requesting to serve on: h (Com-nission/Committee) Address s s1 o,- s za Occupation r fl 4_t Phone: Home 5 92 - ?~5 7 Work Emai_ ~U2~1C/ZGtf _ YGcp GO Fax 1. Education Background V What schools have you attended? baV/S UN1v~ r o f , rar~i~ What degrees do you hold? C ~i~~ne4 5tuf~ UH! ~rrfiiy; SuGrGtrsu~ty W at additional training or education have you had that would apply to this osition`. lw4v- r a GXr colt >~/Cli CtYl 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? ,~-,ervrd' '05 r✓~ta. r r -~V ~ ~qr-f t I ace S 61'IOV-r~~ ar- l~Gn Z!r~ t h r Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? /Why'? ~r, 3. Interests Why are you applying for this position? r S JM 55e- 4 a/tpnt l!~-Rn~' Ssre~z! ( Wa. fD ~ic~~ 21rol~ia~f 4A/ 2 7%,k- ~i I tG I/QUeeS b ! e(/I Ge~ L~kri~ 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? fk 5. Additional Information How Ion hav you lived in this e mm pity?Z Aw vrd r~ !y T~ 12cI G~ l t,,-t Fly k`~ nv- e {a r o f DA ~i ih 5~ .Z pre v, ~u s vwa re Ne s , s S ► H u- Please use fhe space below to summarize any additional qualificati ns y u~ave for this S 7e 5 position - ~4rf fh s ~r2tG C f ~e yr Uht v~rs! 1 evel-5 Ilk CJe4j 7r-X-1 ` r 5 vt5v~~t `t~y- .~aK Lv//S ~/b<spo Glvc ~~k~` S . svK~ i~i.f GLrt'QuS ! Gl~Gtrs W~-t 4~G1t~S X CGu l.Lv' ~ ~~r ~ /h,aSQ-/ G ~Ua r~ S ~r ~rtrk~ Cdr Q~.l~b~~d~'_ ~r '~'ro~55/b<ra~ Qr7/Sf5 ~a v-e dw yr~ ~h c~ccr~ 6-u S ~a CGti-r~S- a.. exb~s l~~l~K a C { Sai, Frwicr5aa &Iv ukr, oT lyla-~ro kr - 4-fisTs 'Y' ~ ~ ! 201 S'~ C~~~ / 1 Date Signature S; ~rfr Felix Haywood Norton Y 572 Sutton Place - . - Ashland, OR 97520 (541) 708-6158 April 2, 2015 City Recorder City of Ashland 20 East Main Street Ashland. OR 97520 Re: Interest in Appointment to Planning Commission Dear City Recorder: I would like to express my interest in an appointment to a volunteer position on the City of Ashland Planning Commission. The attached application shows that I worked 39 years in City government and the planning field. My experience was primarily with the City of Monterey whose planning and development issues are very similar to those in Ashland. My experience also includes serving as a Board Member for two public agencies Thank you for your consideration. Sincerely, Hay ood Norton Application Attached CITY OF -ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Again Street, or email chi; asml iild )-r.u". If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name _1_~`/rnl~`'~ Qom- N - Requesting to serve on: (Commission/Committee) Address ` Z 5~ I TGIF I~LACf Occupation Phone: Home, k jl - ' J (C ELL Email tin@ rluif,to1) Fax C~j 1. Education Background What schools have you attended? SQA AAS j NL~1 Z►1 _ Sly jet L ~~d ~5► 7 Y What degrees do you hold`? P~ACN-L 4'j;) k1 (S What additional training or education have you had that would apply to this position? I=Rk ~IUG 4iR7r t~~11~~1~'~ L7-1vt~Sir~cIrJ ~,~r~~Ati1 Aw ~~Gi~l~~~~ W;k= MFIq 7f 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Y L F ty-w tit_ L' F Y, CA4-0_ lI MLM1:111!Y = f I~IFN T l f'1, -Wt Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Wt, t ILi7 i'AR i t~l O 1'r ~r~ 3. Interests ~ NI) !-HAVE Why are you applying for this position? A MI LAS JIM 4. Availabili Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? 5. Additional Information How Iona have you lived in this community'? 'l N FAR Please use the space below to summarize any additional qualifications you have for this position 1(A _ tf~L f3E R_2 C> ~_Q P C -1 l 6c) tJ n 2C i A ,_At L Y DL, uLi L,1LF s C~. t; PC r 11i,~j - hg y& Date ignature ~r, Resume of Felix Haywood Norton 86 Laurel Drive Car Valley, C 924 (831 -8037 809-0477 ail: norton37@comcast. SUMMARY: Ten years as Senior Planner/Project Manager for two major subdivisions and three redevelopment properties, EXPERIENCE: City of Marina 2003 - Retirement 9/31/13 Development Services Department Project Manager Under the direction of the Development Services Director, I managed the Option Agreement, Environmental Impact Report, Specific Plan, General Plan and Zoning Amendments, Design Review and Tree Permits, Tentative Map, Final Development Agreement, Final Map, and Subdivision Improvement Agreements through the approval process for a 1,050 dwelling unit, 248 acre subdivision on a former military base. I compiled and prepared 7,382 page administrative record required by Superior Court for litigation of the project. Additional Responsibilities: • City contact and project manager for an approved 1,360 dwelling unit/855.000 square foot commercial/office/industrial, 320 acre subdivision. • Project manager for entitlements and land transfers for projects on redevelopment properties. ■ Prepared City Directional Signing Program ■ Prepared inventory and policy analysis of City owned properties including cell tower sites and leases. SUMMARY: Eighteen years as Planning Services Manager Current/Zoning Administrator for Current Planning Division of Community Development Department. EXPERIENCE: City of Monterey 1984 - Retirement 12/31/02 Community Development Department Planning Services Manager Current/Zoning Administrator Under direction of the Community Development Director, I managed and worked with five employees processing use permit, variance, subdivision, design review, and California Environmental Quality Act compliance applications through the Planning Commission, Architectural Review Board and when required, City Council. I served as one person hearing officer for public hearings for entitlements reviewed at the Zoning Administrator level. Additional responsibilities: • Developed and implemented City water allocation and water use monitoring program. • City staff representative to Monterey Peninsula Water Management District Technical Advisory Committee and Policy Advisory Committee including four years as Chair of the Technical Advisory Committee. • City staff representative for six years to Association of Monterey Bay Area Governments. SUMMARY: Two years as Planning Services Manager for Advance Planning Division of Community Development Department EXPERIENCE: City of Monterey 1982 -1983 Community Development Department Planning Services Manager Advance Under direction of Community Development Director, I managed and worked with three employees on the policy analysis and plan preparation for residential neighborhood plans, commercial area plans, and coastal implementation plans. Additional responsibilities: • Developed and implemented City commercial parking monitoring program; ■ Prepared Downtown Redevelopment Plan. SUMMARY: Four years as Senior Planner in Planning Department with responsibility for waterfront and coastal planning. EXPERIENCE: City of Monterey 1977-1981 Planning Department Senior Planner Under direction of Planning Director, I was responsible for preparation of land use plans for the City's Local Coastal Program comprised of five coastal planning segments. Additional responsibilities: ■ Prepared Master Plan for Fisherman's Wharf. • Prepared Redevelopment Plan for Cannery Row. • Prepared City Directional Signing Program. ■ Prepared historic resources inventory SUMMARY: Three years as Associate Planner in Planning Department with responsibility for preparation of plan elements for City Specific Plans. EXPERIENCE: City of Monterey 11/73- 1976 Planning Department Assistant Planner Under direction of Senior Planner, prepared plan elements for Central Business Plan and land use policy plan for 7,000 acre area proposed for annexation.. OTHER: Public Service: • Carmel Valley Park and Recreation District - Elected Board Member 2005-2012 and Board President 2008 and 2011 ■ Mid-Carmel Valley Public Facilities Corporation - Appointed Board Member 2004 -2010 EDUCATION: Fresno State University Masters in Urban and Regional Planning Program Completed all course requirements Sonoma State University Bachelors Degree in History CITY OF -ASH LAND. APPLICATION FOR APPOINTMENT TO SI~~ ~CITY COMMISSION/COMMITTEE ~B Please type or print answers to the following questions and submit to the City Recorde, City Hall, 20 E Main Street, or email If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name^ Maureen Flanagan Battistella _ Requesting to serve on: Tree Commission, (Commission/Committee) Address 395 Hemlock Lane Ashland OR 97520 Occupation Retired Anthropology/Marketing_ Phone: Home _541-552-0743 Work Email Fax 1. Education Background What schools have you attended`? Rutgers University, University of Alabama at Birmingham, University of South Dakota, Southern Oregon University What degrees do you hold? MLS; post-bac work in Public Administration, Educational Technology, Geographic Information Systems_ What additional training or education have you had that would apply to this position? Geographic Information Systems; Anthropology 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Digital marketing experience might help in building community awareness; historical and anthropological research would help relate trees to heritage; GIS work would enable mapping technologies to interpret land use changes Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? _I would want to learn more about trees to understand life cycle, growth patterns, reasons for planting that variety, reasons for nominating that tree ~r, 3. Interests Why are you applying for this position? Last week at the Northwest Anthropological Conference in Eugene I enjoyed a paper about Portland's heritage tree program that made me realize how trees are significant historical markers for a contemporary understanding of historical and historic events and people - made me curious and interested. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? No problem attending additional meetings; some days might be easier than others _ 5. Additional Information How long have you lived in this conununity? 15 years, since 2000 Please use the space below to summarize any additional qualifications you have for this position 1 am working on several agricultural heritage projects for the Southern Oregon I Iistorical Society, the Jackson County Extension Service and Southern Oregon University that have raised my interest in land use and agricultural transitions. Further I have an academic appointment with the Department of Anthropology at Southern Oregon University, so have full access to these resources as well. I know Terry Skibby and would like to gain his cooperation in the documentation of later trees - I see he worked on some of the earlier trees. Thank you for your consideration. 4/6/15 Mau~eev FLPwa0avl gatti,s-,-60 Date Signature CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting Amendment to the Intergovernmental Agreement with Jackson County to lease the Ashland Library to the Jackson County Library District FROM: Ann Seltzer, management analyst seltzergashland.or.us SUMMARY The Ashland branch library is owned by the City and operated by Jackson County under an intergovernmental agreement. This amendment to the IGA allows Jackson County to lease the Ashland Branch Library to the Jackson County Library District. The Jackson County Library District will assume governance of the libraries beginning July 1, 2015. BACKGROUND AND POLICY IMPLICATIONS: The 1970 Intergovernmental Agreement (IGA) between the City of Ashland and Jackson County leases the Ashland Public Library to Jackson County for $1.00 per year to provide free library services for fifty years. The current IGA expires in 2020. The amendment inserts language that allows Jackson County to lease the Ashland Library to the newly formed Jackson County Library District to provide public library services through 2020. In 2020 the City will enter into an IGA with the Jackson County Library District. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the amendment. SUGGESTED MOTION: I move to approve Amendment No. 2 to the Intergovernmental Agreement dated May 22, 1970 with Jackson County. ATTACHMENTS: 1. Amendment No. 2 2. IGA dated May 22, 1970 Page 1 of 1 IWAXF&I AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT DATED MAY 22, 1970 WITH CITY OF ASHLAND This AMENDMENT No. 2 to the INTERGOVERNMENTAL AGREEMENT (the "Contract") dated MAY 22, 1970, by and between Jackson County, a political subdivision of the State of Oregon, hereinafter called "County," and CITY OF ASHLAND, hereinafter called "City," is hereby made and entered into. The original Contract amount was for $1.00 per year and the term of the Contract is for a term of fifty (50) years. Previous Amendments to the original Contract are: Amendment #1 for amending the commencement of the IGA from December 3, 2002 to February 18, 2003. For consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The Contract is hereby amended as follows: a. Amend Section 2 to add the language: County and City of Ashland agree that County may enter into an intergovernmental agreement or other contract to lease the Ashland Branch Library to the Jackson County Library District (District), a library district organized under Chapters 198 and 257, for the purposes of public library services. b. The lease shall be extended until July 30, 2020. 2. Except as expressly modified by this Amendment, and all prior Amendments, if any, all terms and conditions of the Contract remain in full force and effect. 3. This Amendment is effective the date on which this Amendment is fully executed by the parties and fully approved as required by applicable statutes and rules. CITY: JACKSON COUNTY: By: By:_ Date Danny Jordan Date Title: County Administrator Page 1 of 1 1 JACKSON- COUNTY COURT TELEtXCXE ttn r. ritt[t +u\Gt SQN OU Lfs! 773•G211 \/\Mtt \[\T 7\G. COrri[i/G ME\ V~ M[IItY It C[~t 4, L\rr15C11\t1 a' QREGO$ JACKSON COUNTY COURT HOUSE MEDFORD, OREGON 9TSoi May 29, 1970 Mr. W. E. Bartelt City Recorder 3 City of Ashland City Hall Ashland, Oregon 97520 Dear Mr. Bartelt: We are pleased to enclose your copy of the agreement between the City of Ashland and Jackson County, which provides for the consolidation of your library into the Jackson County Public Library System. We appreciate the interest shown by the people of Ashland in working toward this consolidation. sincerely yours, r' Henry F. Padgh Jr. Jack on County Commis 2 her HFP,Jr:mm Enclosure rry~,ny,ar,t RpttQA Living Fon Fvchyone In Jackzon County'' AGREEMENT TFIiS AG!,U:Ul-lE.NT, oadc tlr:is 22 nil tiny Of May, 1070, hetwccii JACYSMI COUNTY, o political subdivision of Clio Statc of OrCijon, he'r.'c:i.naftcr called the "County," and the CITY 017 ASHLAND, an Orc,,on municipal corporation, hereinafter called the "City," if, made urndcr Vic authority of ORS Chapter 357. 1.. In consideration of the County's promi.scs hercin- after contained, the City agrees: a. To lease to the County for $1:00 per year tho following described renl property: The Soutbc:nstoriy 35 feet of Lot 2, and all of Lot 3 and all of Lot A of the 11RACHT15 ADDITION to the City of Ashland, Jackson County, Oregon. for a.tcrm of fifty (50) years, or for so long as the said structure is used by the County for public free library purposes and no part thereof for any other purpose. 11, To transfer to the County all the right, ti.tlo and interest of the City in and to all books, furniture, furnishin_r.,s and equipment situated within the said building, and rill hooks and vehicles, whcrcvor situ,itcd, presently hold nod used for, or as part of, the public free library, It is understood that the "Shakospearcan Library" is 'not owned by the City of Ashlnnd, but is owned by tho Oregon ShaY•cspcarean Pcstiv1l Association and designated as such, and this collection is not included in this transfer, but shall remain tll, property of clic Oregon Shakeshearcan po.,tival Association. 1 c, To maintain In good, sofa and presentable condition that part of the above described property .comprisi:ny; the Zr:ounds and appraachc, to the library. 2. The County lagroes that it shall, from and after the e:ffecti,va date hereof, raiti.ntai.n and operate a free public 1M,rury for the bcn(,-fi.t of., and uniformly availnblb on the sane tor(; to c111. MOMbcr•s of the public in Jcvcltson County, Or.ogon, ant) to use for said purpo.e the property and property interests hrrcl-y furnished by the City; that the County shall continue to ernploY the persons presently en11}10ya4J by' the City in the operation of the said library, if, and S:or Sri long as, such employees cont:int.te to render, in the County's judi;ment, competont and satisfactory servico in their positions as such, and shall participate in the Public Employeas' Retirement System as to those library omployres who, as of the date of this contract are,, and elect to continue to be, members of the Public J:mployeos' Rotirenont System, but in all other respects the terms of such employmout shall be based entirely upon such systems, programs, rates and standards an the County may prescribe. 3. The parties agree that, as far.as practicable, the cost of the operation of the library shall be borne uniformly by ill residents of the County and neither party shall seek to impose any charge or tax for library purposes upon any part of the County unless the tax or charrc i5 applicable uniformly and on the same terms throughout the County, h. The parties agree and it is understood that in the event the County, for any reason, should? cease to operato a County- wide library system as provided herein, then, rund in that event, all the right, title and interest in and to all of tile Jjoojs, furniture, 'furnishings and equipment which was transferred to the -2- County under this agreement and has not been discarded due to obsolescence, shall revert to the City of Ashland. 5. This agreement is made capon the erpres. condition that the Lessor r ha l 1..bt~ fi, e -frgm .cla t 'U'tabl.l i ti ci, - nd cieimS for dame grid/o,r,suit;; for or ny reason of any injtir-y or injGCriS to any 1)~ir iiri fir pers=; o. r props-rty oi'.:Inny kind whatsoever, whether the person or property of Lessce, its agoilLs or employees, or third persons, from any cau:;c or causes whatsoever while in or upon said premises or ,-iny part thereof 'during the tern of this agrcement or occasioned by any occupancy or rise of said premises or any activity carried on by Lc.ns(.c 'in connection r,hercwt th, rind Lessce hereby covenan is and osgrers 'to i nclemn i fy and stave harm) &s ,-s. t)i,.,, Lessor from al l 1 inbi Iitics, charge:, e:,penscs (including r;ounsei fees) and costs on account of or by ronson of any such injuries, litabi litics, claims, suits or losses however. occurring or daamage growing out of s amc; . Lessee agrees to assume all ri: a oil loss, injury or damogc: of any kind or noture tirhatsorvcr to any building or olhor struc- ture, belonging to said lessee., which may be now or hereafter placed upon .said leased premises, and all risks of to s, injury, or damage of any kind or nature whatsoever to the contents of any such building, or structures, or to ony goods, merchandise, chattels, ar any Other property now or that may hereafter be upon said leased premises, whether belonging to the lessee or others, and whether Such to injury, or damage res-ul is from fire or other agency, and whether ..he same be caused by the negligence of the lessor, or any of- its employees or agents, or otherwise, :and to save and keep harmlo,;; ;:he lessor from i I all claims and stiff is grooving .out of any .,such loss, injury or darm- ge. 7. This agr.cemcrit shalt become effective June 30, 1970. DATED thirs.1?.nd clay of Miay, 1970. CITY Of.ASH AND 251 «~~~~1~1/1YUR ATTEST: CITY ECOPOER COUNTY 0 ~Tr h(SOtd r l-etbl, t au'i" / AMENDMENT OF LEASE WHEREAS, an-agreement was executed on 22 May 1970, between the City of Ashland as Lessor and Jackson county as Lessee, by which it was, intended that the City would lease to the County on the terms stated in the agreement all of the real property owned by the City of Ashland and used at the time of execution of the agreement for public library purposes; and WHEREAS, it has recently been determined that the legal description contained in that agreement is erroneous and does not describe all of the property used by the City for the stated purposes on May 22, 1970; and WHEREAS, a corrected description of the property has been prepared; IT IS AGREED that the legal description appearing in para- graph l.a. of the agreement of 22 May 1970, be deleted and the following substituted therefor: Commencing at the Northwest corner of Lot 1 of Pracht's Addition to the City of Ashland, Jackson County, Oregon, as now recorded; which point bears South 890 52' 46" East (record East) 433.36 feet from the Southwest corner of .D.L.C. No. 42, in section 9, Township 39 South, Range 1 East of the Willamette Meridian, said point being on the Easterly right-of-way of Gresham Street; thence South .00.0 06' 36" West (record South) along said Easterly right-of-way 148.90 feet; thence leaving said right-of- way South 560 07' 36" East 21.97 feet; thence along the arc-of a 35.10 foot radius curve to the left.(the cord of which bears South 8.80 12' 10" East, 37.28 feet) 39.30 feet; thence North 590 43' 16" East, 23.98 feet; thence North 330'53' 24" East, 100.74 feet to the Southerly right-of-way of Siskiyou Boulevard; thence North 56 007' 36"'West (record North 560 15'• West) alorig said Southerly right-of-way 119.36 feet; thence North 890. 52" 46" West 33.00 feet to the point of beginning, containing 14,989.86 square feet, more or less. IT IS FURTHER AGREED that the agreement of 22 May 1970 is in all other respects affirmed. DATED this day of ,Cep 1977. CITY OF AS Ii LAND City Recorde' Mayor AMENDMENT OF LEASE -1- 77 JACKSON COUNTY By: Its Board of County Commissioners C aixffian Co ne Commissioner r, r~ C n h j t~ •n 7 ~i. v- AMENDMENT OF LEASE -2- CITY OF -ASHLAND Council Communication May 5, 2015, Business Meeting Public Hearing - Resolutions Proposing Utility Rate Increases and Repealing Prior Resolutions FROM: Lee Tuneberg, Finance Director, lee.tunebery ,ashland.or.us SUMMARY Recent practice has been to consider needed rate increases for city-owned and operated utilities together at one time in the spring. Attached are proposals from the Electric and Public Works Departments for increases in electric, water, wastewater, transportation and storm drain fees that, if approved by Council at the May 5t" meeting, following a scheduled public hearing, would go into effect July 1, 2015. BACKGROUND AND POLICY IMPLICATIONS: Reviewing proposed utility rate increases all at once affords Council the ability to consider total impacts to the customers for the year. This approach was adopted a few years ago but it does compromise the Electric Department in that many significant cost increases (primarily Bonneville Power Administration's changes to wholesale power) won't be known until August. However, corrective action could be taken if there are significant changes between now and then. FISCAL IMPLICATIONS: The 2015-17 biennium budget anticipates rate adjustments based upon forecasted need. In many cases the anticipated need for an increase is based upon master plans for the corresponding enterprise. Updated reviews of studies, revenues and expenses are utilized to confirm or modify proposed adjustments. A short history of rates and budgeted and proposed increases for the second year of the biennium are as follows: Rate Adjustments in FY 2011-12 2012-13 2013 14 2014 15 BN Proposed Actual Actual Actual Actual 2015-16 2016-17 Transportation Utility Fee 0.00% 0.00% 3.00% 2.57% 2.80% 3.00% Storm Drain Utility Fee 0.00% 0.00% 3.00% 2.57% 2.80% 3.00% Water Fees 10.00% 10.00% 10.00% 10.08% 10.00% 10.00% Wastewater Fees 6.00% 10.00% 10.00% 10.00% 10.00% 10.00% Electric Rate Increase 4.00% 5.30% 5.30% 3.60% 4.50% 4.00% Pa c I of 2 CITY OF -AS H LA N D The impact of the proposed increases on a residential utility account using 750 kwh and 1000 cubic feet of water (nearly 7500 gallons) per month would be: Monthly FY 2014-15 FY 2015-16 Difference Transportaion (Street) User Fee 8.37 8.60 0.23 Storm Drain Residential 4.40 4.52 0.12 Water Residential 1000cf 47.04 51.73 4.69 Sewer Residential 32.36 35.59 3.23 Electric Residential 750kwh 59.93 62.61 2.68 Electric Users Tax 14.98 15.65 0.67 Total $ 167.08 $ 178.70 $ 11.62 6.95% Rounding may occur. Draft resolutions are provided after each department's report. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council review the supporting documentation, ask questions as warranted and approve the resolutions as presented or amended through discussion. SUGGESTED MOTION: I move to approve the resolution(s) adjusting utility rates as identified and/or revised by Council discussion and repealing prior resolutions as appropriate. (This action can be done individually or en masse.) ATTACHMENTS: 1. Public Works Department Council Communication 2. Transportation resolution 3. Storm Drain resolution 4. Water rates resolution 5. Wastewater rates resolution 6. Electric Department Council Communication 7. Electric rates resolution Page 2 of 2 ~r, CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting Public Hearing to Consider Increasing Water, Wastewater, Transportation and Storm Drain Utility Rates FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY: This is a public hearing to consider increasing water rates 10% across-the-board, wastewater rates 10% across-the-board, transportation utility fees 2.8% and storm drain fees 2.8% consistent with the respective Water and Wastewater Master Plans and proposed revenue projections in the 2015-17 biennium budget. These increases, if adopted, would cost a typical resident an additional $8.13 per month: $4.54 for water, $3.24 for wastewater, $.23 for transportation and $.12 for storm drain. BACKGROUND AND POLICY IMPLICATIONS: Based on the water and wastewater master plans, as well as the need to keep up with inflation in both the transportation utility fee and the storm drain fund, the proposed Public Works 2015-17 biennium budget anticipates across-the-board utility rate increases as follows: Utility FY 2016 FY 2017 Water 10% 7.9% Wastewater 10% 10% Transportation Utility Fee 2.8% 3% Storm Drain 2.8% 3% The recommended rate increase is only for the first year (FY 2016) of the biennium budget. If approved, the new rates will become effective July 1, 2015. Staff recommends a rate increase for only the first year of the proposed biennium budget in order to evaluate and potentially recommend modifications (based on project costs or revenue receipts) in the second year. Water Fund Proposed Rate Increase The proposed 10% water rate increase is based on the recommended rate plan outlined in Chapter 9 of the April 17, 2012 Water Master Plan (see attached). All recommendations outlined in the Water Master Plan were vetted and ultimately recommended by both the Water Master Plan Technical Advisory Committee and the Ashland Water Advisory Committee. The plan recommends $30.5 million in water capital projects in order to ensure compliance with all regulatory requirements and to meet Ashland's current and future water system demands. The Water Master Plan outlines a ten-year rate structure developed to generate adequate funds to pay for the proposed capital projects and to support day-to-day operations. As a reminder, the proposed Page 1 of 6 11Fr6 CITY OF ASHLAND ten-year rate structure, based on a residential customer using 1,000 cubic feet (cf) of water, is outlined below: $100.00 $ 90.00 $ 80.00 $70.00 $63.60 $65.52 $59.87 $61.78 $60.00 - $S$.17 $56.07 $50.00 - $47.22 $42.90 $48.41 $40.00 - $36.02 $38.97 i $30.00 $20.00 - $10.00 - 2012 2013 2014 2015 2016 2017 2019 2019 2020 2021 2022 Average monthly rate at 10 ccf- with the funding of a rate stabilization account Inflation reference line at 3% PROJECTED SINGLE FAMILY RESIDENTIAL WATER RATES (ASSUMING 10 CCF OF WATER USE PER MONTH) Council has adopted the first four years of the 10-year rate adjustment plan as proposed and staff is now recommending that Council continue to follow the water master plan financial recommendations and adopt the proposed FY2016 10% water rate increase effective July 1, 2015. If approved, this will be the last of the proposed 10% rate increases recommended in the water master plan. The proposed water rate increase for a residential unit using 1,000 of of water per month increases from $47.24 per month to $51.96 per month and is consistent with the projected graph shown above. It is also important to remember that the proposed rate increase is required in order to keep the I% loan and $950,000 in principal forgiveness for the Talent/Ashland/Phoenix (TAP) pump station project. Page 2 of 6 IWALA&A CITY OF -ASHLAND Forecasted water rate increases are as follows: ioI-.-as fA par:,? zi..P R;!qI_ fron W0 Paces- 1 Etl„d nG4unr. 8 fo Ca,Ra'mpr .vprcnvs ~y t 15% I l0 obi t0.ucti (t 1Pti -Any j~ E 3 GSM 21x13 2014 2015 2016 2tr7 2018 2919 2C20 2z21 2022 ~ Rer_ent Increase Re:}itred Aver Gxrent Pate Reve rvtes ~ FORECAST OF ANNUAL PERCENTAGE CHANGES IN REVENUE REQUIRED FROM WATER RATES FIGURE9.5 CITY CIF A,IiLANLD w~rrea sr~rFM uns ~ ~e ct,a v Cry/1,~ prM.'mdb+LCwiren6GfprUCSb'AanbnMo-iNA'.1VGerrvna6N..L:LhRX+fi:H:YY~i~95 ~p Adopting the proposed water rate increase ensures adequate revenue streams to fund the capital projects and day-to-day operations as outlined in the plan. Some examples of water capital projects include; a new 2.5 million gallon per day treatment plant; new water storage tank; piping of the Talent Irrigation District (TID) ditch; installation of the regional emergency (TAP) pump station; and replacement of aging pipes, etc. Comparisons of the current and proposed rates for a residential .75 inch meter are as follows: Fees Current Residential Proposed Residential Base Charge $ 21.37 $ 23.50 Zero to 300 cf $ .0221/cf $ .0243/cf 301 to 1000 cf $ .0272/cf $ .0299/cf 1001 to 2500 of $ .0364/cf $ .0400/cf Over 2500 cf per month $ .0470/ef $ .0517/ef Wastewater Fund Proposed Rate Increase The proposed 10% wastewater rate increase is based on the recommended rate plan outlined in Chapter 14 of the April 17, 2012 Wastewater Master Plan (see attached). All recommendations outlined in the master plan were vetted and ultimately recommended by the technical advisory committee. The plan Pa c 3 of 6 r, CITY OF ASHLAND outlines $10.8 million of high priority capital projects to ensure compliance with all regulatory requirements and meet Ashland's current and future wastewater system demands. The Wastewater Master Plan outlines an eight-year rate structure developed to generate adequate funds to pay for the proposed high-priority capital projects and day-to-day operations. The following chart outlines the proposed eight-year rate increases to fund the wastewater program: Table 3 Current & Forecast Sewer Rates Forecast current 2012 2013 2014 2015 2016 2017 2018 2019 Customer Class Rates^ 2013 2014 2015 2016 2017 2018 2019 2020 Rate Increase (per year) 10.00:0 10.00% 10,00% 10.00"% ~ 10.00% 10.00'% 5.00%> 5.00°% o Residential Rates Base $18.70 $20.60 $22.70 $25.00 $27.50 $30,30 $3330 $35.00 $36.80 Commodity ($IccQ $2.80 $3.08 $3.39 $3.73 $4.10 $4.51 $4.96 $5.21 $5.47 Commercial Rates Base $19.54 $2150 $23.70 $26.10 $28.70 $31.60 $34.80 $36,50 $38.30 Commodity ($lcco $3,11 $3.42 $3.76 $4.14 $4.55 $5,01 $5,51 $5.79 $6,08 ^ Base Rates are rounded to the nearest $0,10fmonth. Commodity Rates are rounded to the ncarest $0,01. j Most residential customers pay only the base rate, which includes 400 cubic feet of water consumption. Council has adopted the first three years of the eight-year rate adjustment plan as proposed and staff is now recommending that Council continue to follow the wastewater master plan financial recommendations and adopt the proposed FY 2016 10% wastewater rate increase effective July 1, 2015. Adopting the proposed wastewater rate increase ensures adequate revenue streams to fund the capital projects and day-to-day operations as outlined in the plan. Some examples of the wastewater capital projects include; effluent outfall relocation and Bear Creek shading; a new oxidation ditch at the treatment plant; upsized sewer pipes for capacity increases, including the Bear Creek Trunkline. A comparison of the current residential rates and the proposed rates are as follows: Single Family Residential July 2014 July 2015 Monthly Service Charge $24.92 $27.41 Quantity Charge per cf $0.03708 $0.04089 Transportation Utility Fee Staff recommends the transportation utility fee be increased by 2.8% based on the March ENR (publisher McGraw Hill) Construction Index to cover the increasing costs of future capital improvements. The proposed increase is inflationary at this point while our financial consultant completes her study to determine long-term funding needs and to ensure that the street utility fund is charging customer classes appropriately. It is important to note that staff has identified a $13 million Page 4 of 6 IWALAR CITY OF ASHLAND backlog of street maintenance projects on arterial, collector and neighborhood collector streets. This proposed increase would be effective July 1, 2015. Revenue for the street maintenance fund include: state gas taxes; transportation utility fees; state and federal grants; system development charges (SDCs); and franchise fees. The state gas tax and transportation utility fees are primarily used to fund the day-to-day operations, debt service and a portion of the capital projects (sidewalk replacement, slurry seals, non-grant funded overlays, etc.). While the state gas tax was increased by six cents per gallon a few years ago, the fund is not indexed so inflation will cause this revenue source to decline over time. Since rates have not been increased with the rate of inflation, the overall revenue has not kept pace with operational needs. The comparison of the current to the proposed transportation utility rates with a 3% increase is as follows: Transportation Fee July 1,2014 July 1, 2015 Unit A. Single Family $ 8.37 $ 8.60 Per month Storm Drain Fee Staff recommends the storm utility fee be increased by 2.8% based on the March ENR (publisher McGraw Hill) Construction Index to cover the increasing costs of future capital improvements. If approved, the rate increase in the storm drain fund would be effective July 1, 2015. Funding for this program comes from the storm drain fee and SDCs. In this case, the storm drain fee does not cover the costs necessary to meet funding requirements which means the street fund is subsidizing the storm water program. To that end, the new storm water master plan will include a financial component recommending a rate structure that pays for the program. The following provides a cost comparison between the existing storm drain fee and the proposed 3% rate increase. 3% rate increase 3% rate increase Storm Drain Fee July 1, 2014 July 1, 2015 Unit A. Single Family $ 4.40 $ 4.52 Per month FISCAL IMPLICATIONS: The proposed water and sewer rate increases are built into the revenue forecasts in the 2015-17 biennium budget. The rate increases are consistent with the water and sewer master plan recommendation and ensure adequate funding for day-to-day operations and the capital projects outlined in the adopted plans. The biennium revenue forecasts for the proposed transportation utility and storm drain fees were forecasted at 3% and the actual proposed rate increase is 2.8% to cover the increasing costs of future capital improvements. The accumulative increases in fees to an average residential customer are as follows: Nee of 6 ~rll CITY OF -ASHLAND Fund % Change Monthly Increase Water 10% $4.54 Wastewater 10% $3.24 Transportation Utility Fee 2.8% $ 0.23 Storm Drain Fee 2.8% $ 0.12 Total $8.13 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the attached resolutions increasing water, wastewater, transportation and storm drain rates effective July 1, 2015. SUGGESTED MOTION: Move to approval of a resolutions titled, "A resolution adopting a transportation utility fee schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2014-04" and "A resolution adopting a storm drain utility fee schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2014-05" and "A resolution revising rates for water service pursuant to Ashland Municipal Code Section 14.04.030 and repealing Resolution 2014-02" and "A resolution revising rates for wastewater (sewer) service pursuant to Ashland Municipal Code Section 14.08.035 and repealing Resolution 2014-03." ATTACHMENTS: 1. Adopted Water Master Plan documents may be viewed online at: http://www.ashland.or.us/SIB/files/2012`/`20CWMP-Carollo(l).pdf 2. The adopted Wastewater Master Plan may be viewed online at: http://www.ashland.or.us/Page.asp?NavlD=14696 Page 6 of 6 r11 RESOLUTION NO. 2015- A RESOLUTION ADOPTING A TRANSPORTATION UTILITY FEE SCHEDULE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 4.26 AND REPEALING RESOLUTION 2014-04. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The "Transportation Utility Rate Schedule," marked "Exhibit A" and attached to this Resolution, is adopted as the transportation utility fee incorporating a 2.8% rate increase effective July 1, 2015. SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. The fees adopted pursuant to this Resolution shall be effective July 1, 2015. SECTION 4. Resolution 2014-04 is repealed on the effective date of this Resolution. SECTION 5. The fees imposed by this Resolution are classified as not subject to the limits of Section 1 Ib of Article XI of the Oregon Constitution (Ballot Measure No. 5). This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 2015. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 Exhibit A City of Ashland TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS RESOLUTION 2015 Effective Date, July 1, 2015 2.57% rate increase 2.8% rate increase Transportation Fee effective 7/1/2014 effective 7/1/2015 Unit A. Single Family $ 8.37 $ 8.60 Per month B. Multiple Family 6.39 6.56 Per month per unit C. Retail Store 1.13 1.16 Per month per 100 sq ft. D. Wholesale Use 0.65 0.66 Per month per 100 sq ft. E. Office Use 0.75 0.77 Per month per 100 sq ft. F. Medical/Dental Use 1.01 1.03 Per month per 100 sq ft. G. Service Use 1.01 1.03 Per month per 100 sq ft. H. Restaurant/Bar Use 2.99 3.07 Per month per 100 sq ft. 1. Manufacturing Use 0.65 0.66 Per month per 100 sq ft. J. Warehousing Use 0.37 0.38 Per month per 100 sq ft. K. Hotel/Motel Use 2.99 3.07 Per month per guest room L. Institutional and all other accounts not 2.99 3.07 Per month per required parking spaces classified above. Including nursing as specified in Chapter 18.92. homes and retirement homes M. Churches and places of.Worship Exempt Exempt NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the city. The minimum fee per month for any commercial account is: $ 8.37 $ 8.60 RESOLUTION NO. 2015- A RESOLUTION ADOPTING A STORM DRAIN UTILITY FEE SCHEDULE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 4.27.050 AND REPEALING RESOLUTION 2014-05. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The "Storm Drain Utility Fee Schedule," marked "Exhibit A" and attached to this Resolution, is adopted as the Storm Drain Utility fee incorporating a 2.8% rate increase effective July 1, 2015. SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. The Fees adopted pursuant to this Resolution shall be effective July 1, 2015. SECTION 4. Resolution 2014-05 is repealed on the effective date of this Resolution. SECTION 5. The fees imposed by this Resolution are classified as not subject to the limits of Section I lb of Article XI of the Oregon Constitution (Ballot Measure No. 5). This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 2015. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of 1 Exhibit A City of Ashland STORM DRAINAGE UTILITY FEES WITHIN THE CITY LIMITS RESOLUTION 2015- Effective Date, July 1, 2015 2.57% rate increase 2.8% rate increase Storm Drainage Fee effective 7/01/14 effective 7/01/15 Unit A. Single Family $ 4.40 $ 4.52 Per month B. Condominium, 1-9 Units 1.89 1.94 Per month per unit C. Multi-Family, 1-9 Units 1.89 1.94 Per month per unit D. Mobile Home & Trailer, 1-9 Units 1.89 1.94 Per month per unit E. All other uses not classified above 1.46 1.50 Per 1,000 square feet impervious area F. Minimum charge per account 4.40 4.52 Per month NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the city. The minimum fee per month for any commercial account is: $ 4.40 $ 4.52 RESOLUTION NO. A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND REPEALING RESOLUTION 2014-02. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after July 1, 2015. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section l lb of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2014-02 is repealed. This resolution was duly PASSED and ADOPTED this day of , 2015, and the effective date is July 1, 2015 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page I of 1 CITY OF ASHLAND, OREGON EXHIBIT "A" WATER RATE SCHEDULE RESOLUTION NO. 2015- EFFECTIVE JULY 1, 2015 METERED SERVICE All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE: The basic service charge applies to all metered water services and does not include any water consumption. OLD NEW 0.75 Inch Meter $21.37/month $23.50/month 1 Inch Meter $42.72/month $46.99/month 1.5 Inch Meter $60.90/month $66.99/month 2 Inch Meter $80.22/month $88.24/month 3 Inch Meter $167.73/month $184.50/month 4 Inch Meter $256.43/month $282.07/month 6 Inch Meter $480.84/month $528.92/month 8 Inch Meter $801.36/month $881.49/month B. WATER QUANTITY CHARGE: All customers will be charged the following rates per cubic foot of water used. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0221/cf $0.0243/cf 301 to 1000 cf per month $0.0272/cf $0.0299/cf 1001 to 2500 cf per month $0.0364/cf $0.0400/cf Over 2500 cf per month $0.0470/cf $0.0517/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month per unit $0.0221/cf $0.0243/cf 301 to 1000 cf per month per unit $0.0272/cf $0.0299/cf 1001 to 2500 cf per month per unit $0.0364/cf $0.0400/cf Over 2500 cf per month per unit $0.0470/cf $0.0517/cf EXHIBIT A - PAGE 1 - Effective July 9, 2015 Non-Residential Consumption OLD NEW 0 - 50,000 cf per month $0.0312/cf $0.0343/cf Over 50,000 cf per month $0.0321/cf $0.0353/cf C. TID IRRIGATION WATER RATES: Unmetered Service $154.56/acre or portion of an acre-OLD $170.01/acre or portion of an acre-NEW Metered Service Base Service Charge Same as "A" above Water Consumption $0.0050/cf-OLD $0.0055/cf-NEW D. BULK WATER RATE: For water provided on a temporary basis through a bulk meter on a fire hydrant, The following charges apply: OLD NEW Deposit* $1,690.26 $1,859.28 Basic Fee $213.43 $234.77 Cost of Water Same as Commercial *Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench, and/or hydrant. E. FIRE PROTECTION SERVICE WATER RATE: This rate shall apply to all fire protection services or fire guards. The basic service charge will be equal to the minimum basic service charge. Water will be billed at commercial rates. 2. RATES OUTSIDE THE CITY LIMITS All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. EXHIBIT A - PAGE 2 - Effective July 1, 2015 3. SEASONAL RATES - WATER QUANTITY CHARGE All customers will be charged the following rates per cubic foot of water used for the months of June through September. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0221/cf $0.0243/cf 301 to 1000 cf per month $0.0272/cf $0.0299/cf 1001 to 2500 cf per month $0.0364/cf $0.0400/cf 2501 to 3600 cf per month $0.0470/cf $0.0517/cf Over 3600 cf per month $0.0612/cf $0.0673/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0221/cf $0.0243/cf 301 to 1000 cf per month $0.0272/cf $0.0299/cf 1001 to 2500 cf per month $0.0364/cf $0.0400/cf 2501 to 3600 cf per month $0.0470/cf $0.0517/cf Over 3600 cf per month per unit $0.0612/cf $0.0673/cf EXHIBIT A - PAGE 3 - Effective July 1, 2015 RESOLUTION NO. 2015- A RESOLUTION REVISING RATES FOR WASTEWATER (SEWER) SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.08.035 AND REPEALING RESOLUTION 2014-03. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The wastewater (sewer) rate charges and rates as shown on the wastewater (sewer) rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after July 1, 2015. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section I Ib of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2014-03 is repealed. This resolution was duly PASSED and ADOPTED this day of 2015, and the effective date is July 1, 2015 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of I SEWER RATES EXHIBIT "A" PAGE 1 EXHIBIT "A" CITY OF ASHLAND, OREGON SEWER RATE SCHEDULE RESOLUTION NO. 2015- EFFECTIVE JULY 1, 2015 All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of the Ashland Municipal Code. 1. SEWER RATES WITHIN THE CITY LIMITS Single Family Residential July 2014 July 2015 Monthly Service Charge $24.92 $27.41 Quantity Charge per cf $0.03718 $0.04089 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet (ef) per month. Winter consumption is defined as the average of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings taken during the previous three months. Single family residential water accounts with no consumption during the months of January, February and March will be based on 700 cubic feet. Multi-Family Residential July 2014 July 2015 Monthly Service Charge per Unit $24.92 $27.41 Quantity Charge per cf $0.03718 $0.04089 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month per unit. Winter consumption is defined as the average of the water meter readings taken in the months of January, February and March. Multi-family residential accounts are all accounts in which more than one residential dwelling is attached to the same water service. Annually on April 1 the bill will be adjusted based on the water readings taken during the previous three months. Multi-family residential water account with no consumption during the months of January, February and March will be based at 500 cubic feet. Two dormitory rooms are equal to one multi-family residential unit. SEWER RATES EXHIBIT "A" PAGE 2 Commercial, Industrial and July 2014 July 2015 Governmental Monthly Service Charge $26.01 $28.61 Quantity Charge per of $0.0413 $0.0454 Quantity Charge is based on actual monthly water consumption. Mixed residential and commercial accounts will be billed as commercial. For commercial, industrial or governmental users where monthly water consumption is not measured through city water meters, the sewer rate will be established as follows: The annual water consumption will be determine by an estimate made by the Director of Finance who shall use water consumption records of similar users or water consumption record of past use, if available. The annual water consumption will be multiplied by the Quantity Charge set forth above and the product divided by twelve. The quotient will be added to the Monthly Service Charge set forth above. The sum shall be the monthly sewer rate for the user. This rate shall be effective beginning in the month after the rate is determined until the rate schedule is amended by resolution of the council. At such time the Director shall redetermine the annual water consumption and compute the monthly sewer rate using the formal asset forth above. Water consumption determined in this manner shall be lowered if the user can demonstrate through the use of a meter approved by the city that the user's actual consumption is less than the estimate. 2. ADJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER RATES A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage discharged by the user is less than 50% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. Methodology for Special Cases for City Administrator 1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year. July 2014 July 2015 Monthly Service ChargeF $26.01 $28.61 Quantity Charge per of $0.0413 $0.0454 SEWER RATES EXHIBIT "A" PAGE 3 Quantity Charge is based on average winter water consumption. Winter consumption is defined as the average of the meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings during the previous three months. 1. Bed and Breakfasts and Ashland Parks Bathroom July 2014 July 2015 Monthly Service Charge $26.01 $28.61 Quantity Charge per cf $0.0413 $0.0454 Quantity Charge is based on winter water consumption. Winter consumption is defined as the total of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings during the previous three months. B. Water sold through an irrigation meter is exempt from sewer user charge. 3. SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14.08.030 of the Ashland Municipal Code. B. The sewer rates for outside the City limits shall be two times the sewer charges for inside the City limits. Unmetered residential accounts will be calculated on an average winter usage of 700 cubic feet of water for single family residences, and 500 cubic feet per unit for multi-family residences. CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting Proposed 4.5% Electric Utility Rate Increase FROM: Mark Holden, director of IT and electric utility, mark.holden@ashland.or.us SUMMARY The Electric Utility proposes a 4.5% rate increase. The increase will be applied to all rate classes. The increase is anticipated to be effective July 1, 2015. The projected rate increase provides funding for increased BPA (Power and Transmission) costs, Operations (Personnel Services and Materials/Services), and budgeted projects anticipated in the approved Electric System 10-Year Planning Study. If adopted, the rate increase will cost the typical residential consumer an additional $3.35 per month. Separately, the Electric Department miscellaneous fees/charges and line extension charges are not increasing for the period beginning July 1, 2015. BACKGROUND AND POLICY IMPLICATIONS: Rate Considerations The Council has expressed the desire to review setting rates based on a combination of annual rate review and cost of service (COS). Results of a rate review and COS/Deeoupling are planned to be completed and presented in last half of the BN 2015-2017 period. In order to meet current requirements, the Electric Utility, proposes to use established practice and apply a 4.5% rate increase uniformly across all rate classes. The rate increase is driven by the increases in BPA costs, Personnel Services, Materials/Services, and projects identified in the Electric System 10-Year Planning Study. The rate increase is anticipated in the BN 2015-2017 Electric Department budget. The requested rate increase provides funding for the identified cost areas creating the requirement. The cost areas are presented here in summary. • BPA (Expected% - BPA finalizes rates in the August/September timeframe) o Power: 7.3% - increase in the cost of power purchased by the City o Transmission: 8.6% increase in the cost of delivering power to the City o Utility Delivery Charge: 25% increase in the cost of delivering power via local third party transmission lines Page I of 4 11FALA&A CITY OF -ASHLAND • Operations o Personnel Services - 4.4% increase in contractual wages, health insurance, duty pay o Materials and Services - 5.3% increase for vehicle replacement, fleet maintenance, franchise fees, ALIEAP, central services • Capital Investment (support for Electric System 10-Year Planning Study) o Oak Knoll Substation SCADA Upgrade, fiber optic communication line and hardened communication devices o Phase 2, Underground Cable Replacement and Vault (OSF, City Hall, downtown business district) o Phase 1, Ashland Substation Upgrade - Distribution cage replacement (safety, reliability) FISCAL IMPLICATIONS: Council has indicated to staff a preference for more frequent, measured increases over infrequent, large increases. The increased costs identified above will be met by the rate changes proposed in the table below. A summary of actual and proposed rate changes for the Electric Department are: Rate Adjustments b FY 2009 2010 1461=2012 2013 2014 2015 2016 2017 Increase % 0.0 4.0 0.0 4.0 5.3 5.3 3.6 4.5 4.0 Actual Proposed Alternative solution: Cost Reductions • Reduce BPA costs - BPA costs are tied to usage. However, reducing usage does not displace an equal share of other costs. Fixed costs such as maintenance, materials, and infrastructure are not reduced when usage is lowered. • Reduce operation costs - Requires personnel reduction within a lean organization. Personnel reductions would hinder the operation and maintenance of the system leading to lower system reliability and lower system safety. Cuts to internal charges or technology debt payments would shift costs to other departments. • Reduce capital investment - Capital investment costs are an investment in the safety, reliability and operation of the electric system. Past economic conditions required a reduction in capital investment. The lack of funding for the electric system created a backlog of projects needed to safeguard the reliability and operation of the system. A further reduction in investment would weaken the reliability of the system and result in a larger backlog and higher costs in the fixture. Under investment would eventually lead to the systems inability to serve the electric needs of the City. • Reduce conservation costs - Also reduces the benefits expected from conservation initiatives. Page 2 of 4 IWALA CITY OF -ASHLAND Electric Bill Comparisons Residential comparisons are not always apples to apples. Different utilities design their charges to satisfy the unique needs of the utility's environment. Pacific Power, the only other significant power provider in the Rogue Valley, is an investor owned utility, not a municipality. A comparison of current charges follows. City of Ashland City of Ashland Residential - single family dwelling Pacific Power (Talent,OR) Current with 4.50% increase Average monthly usage=750 kwh kwh cost/unit Total kwh cost/unit Total kwh cost/unit Total Total Usage 750 750 750 Basic Charge $ 9.50 $ 9.50 $ 9.21 $ 9.21 $ 9.62 $ 9.62 Delivery Charge 750 0.04447 33.35 Supply Energy Charge Block 1 for 32 Days 750 0.05437 40.78 500 0.06281 31.41 500 0.06564 32.82 250 0.07726 19.32 250 0.08074 20.19 Public Purpose 3.00% 2.51 Energy Conservation Charge 750 0.00230 1.73 Low Income Assistance 0.84 JC Boyle Dam Removal 750 0.00036 0.27 Copco & Iron Gate Dam Removal 750 0.00111 0.83 BPA Columbia River Benefits for 32 Days 750 (0.00570) (4.28) Franchise Fee 1.50% 1.25 Ashland Electric Users Tax 750 - $ 14.99 $ 15.66 86.78 74.93 78.29 Estimated amount COA bill (less)/more than Pacfic Power bill for same kwh use: (11.85) (8.49) Note: Data as of March 1, 2015 Please note: 1. The typical Ashland residential customer uses about 750 kWh per month at a cost of $74.93 (including Electric User tax). The projected 4.5% rate change will increase the cost by $3.35. 2. The typical Ashland residential customer currently pays $11.85 less than a comparable Pacific Power customer. After the rate increase the typical Ashland residential customer will still pay $8.49 less than a comparable Pacific Power customer. Assistance Programs If qualified, the following programs may be available to City of Ashland utility customers in order to help pay utility bills. The bulk of the funding for these programs comes from fees and charges collected through utility rates. The programs are: • Senior and Disabled Discount program - helps qualifying customers to pay monthly utility bills. The dollar amount of assistance available to the customer usually rises with the size of the bill. • Low Income Energy Assistance Program • The City provides a HEAT donation program • The City's Conservation Department helps residents by providing services to lower energy use. Page 3 of 4 IFAWA CITY OF -ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve a 4.5% rate increase to be effective July 1, 2015, to provide for the increased costs and to continue to provide a safe and reliable electric system. SUGGESTED MOTION: I move approval of a resolution titled, "A resolution revising rates for electric service pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2014-06". ATTACHMENTS: Resolution for Electric Rates with a 4.5% adjustment Rate tables Page 4 of 4 Ir, RESOLUTION NO. A RESOLUTION REVISING RATES FOR ELECTRIC SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.16.030 AND REPEALING RESOLUTION 2014-06 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The electric rate schedules are increased 4.5% for rates for electric service provided by the City of Ashland, effective with usage on or after July 1, 2015, as per the attached rate tables. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. Classification of the fee. The fees specified in Section 1 of this resolution are classified as not subject to the limits of Section l lb of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2014-06 is repealed on the date new rates established by this Resolution are effective. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only, in accordance with Ashland Municipal Code §2.04.090, and duly PASSED and ADOPTED this day of May, 2015. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 City of Ashland, Oregon RESIDENTIAL SERVICE Applicable: To single-family residential customers when all service is supplied to one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Charge: Jut 2014 Jul 2016 Per Month $ 9.21 $ 9.62 Energy Charge: Per kWh Jul 2014 Jul 2016 First 500 kWh $ 0.06281 $ 0.06563 Over 500 kWh $ 0.07726 $ 0.08073 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP must comply with the City of Ashland's Electric Service Manual. Three-Phase Service: For residential customers requiring three-phase service, whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be $3.92 for each kilowatt of demand, but not less than $9.62 minimum basic charge. The energy charge shall be in accordance with the schedule set forth herein, Three-Phase Service Jul 2014 Jul 2016 Per kW of Demand $ 3.76 $ 3.92 Minimum Charge $ 9.21 $ 9.62 Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon SEASONAL RESIDENTIAL SERVICE Applicable: This rate is applicable to seasonal residential uses such as owner occupied single-family residential customers providing travelers accommodations, and when all service is supplied at one point of delivery. Monthly Billing: The Monthly Billing shall be the sum of the Basic and Energy Charges. Basic Charge: Jul 2014 July 2015 Per Month $ 9.21 $ 9.62 Energy Cha " e: Per kWh Jul 2014 Jul 2015 First 600 kWh $ 0.06979 $ 0.07293 Over 600 kWh $ 0.07715 $ 0.08062 Minimum Charge: The monthly minimum charge shall be the Basic Charge. A higher minimum may be required under contract to cover special conditions. Special Conditions: Residential Horsepower load requirements of greater than 3 HP must comply with the City of Ashland's Electric Service Manual. Three-Phase Service: For residential customers requiring three-phase service, whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be $3.92 for each kilowatt of demand, but not less than $9.62 minimum Basic charge. The energy charge shall be in accordance with the schedule set forth herein. Three-Phase Service ` July 2014 July 2015 Per kW of Demand $ 3.76 $ 3.92 Minimum Charge $ 9.21 $ 9.62 Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon COMMERCIAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to non-residential and multiple-family residential customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18- month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements or highly fluctuating loads, or where service is seasonally disconnected during any one year period will be provided only by special contract for such service. Monthly Billing: The monthly billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: Single Phase Jut 2014 Jul 2015 30 kW or less $ 16.49 $ 17.23 Over 30 kW $ 61.89 $ 64.67 Three-Phase Service July 2014 Jul 2015 30 kW or less $ 32.99 $ 34.47 Over 30 kW $ 107.28 $ 112.10 Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12 month period which includes and ends with the current billing month. Demand Charge: No charge for the first 15 kW of demand. For all kW in excess of 15 kW Demand Charge July 2014 Ju 2015 Per kW $ 3.94241 $ 4.11981 Energy Charge: Single Phase Ju 2014 July 2015 Per kWh up to 3,000 kWh $ 0.07468 $ 0.07804 Per kWh for the next 17,000 kWh $ 0.07492 $ 0.07829 Per kWh for all additional kWh $ 0.07528 $ 0.07866 Three Phase Jul 2014 Jul 2015 Per kWh up to 3,000 kWh $ 0.06838 $ 0.07145 Per kWh for the next 17,000 kWh $ 0.06884 $ 0.07193 Per kWh for all additional kWh $ 0.06902 $ 0.07212 City of Ashland, Oregon COMMERCIAL SERVICE Page 2 of 3 Minimum Charge: The monthly charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Reactive Power Charge Jul 2014 Jul 2015 Per kvar $ 0.74068 $ 0.77401 Demand: Demand shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customers greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1 1/2 to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of $43.68 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. City of Ashland, Oregon COMMERCIAL SERVICE Page 3 of 3 Installation and Maintenance: The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the following: (1) Operating Charge shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 112 % per month of the installed cost of facilities paid for by the customer. (3) Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charge. City of Ashland, Oregon GOVERNMENTAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to governmental customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Monthly billing: The monthly billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: Single Phase Jul 2014 Jul 2015 30 kW or less $ 16.49 $ 17.23 Over 30 kW $ 61.89 $ 64.67 Three-Phase Service Jul 2014 Jut 2015 30 kW or less $ 32.99 $ 34.47 Over 30 kW $ 107.28 $ 112.10 * Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12 month period which includes and ends with the current billing month. Demand Charge: No charge for the first 15 kW of demand For all kW in excess of 15 kW Demand Cha a Jul 2014 Jul 2015 Per kW $ 4.01 $ 4.19 Energy Charge: Single Phase Jul 2014 Jul 2015 Per kWh up to 3,000 kWh $ 0.09031 $ 0.09437 Per kWh for the next 17,000 kWh $ 0.06773 $ 0.07077 Per kWh for all additional kWh $ 0.06347 $ 0.06632 Three Phase July 2014 Jul 2015 Per kWh u to 3,000 kWh $ 0.09648 $ 0.10082 Per kWh for the next 17,000 kWh $ 0.07316 $ 0.07645 Per kWh for all additional kWh $ 0.06858 $ 0.07166 City of Ashland, Oregon GOVERNMENTAL SERVICE Page 2 of 3 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Reactive Power Charge Jul 2014 Jul 2015 Per kvar $ 0.74068 $ 0.77401 Demand: Demands shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1 1/2 to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of $43.68 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. City of Ashland, Oregon GOVERNMENTAL SERVICE Page 3 of 3 Installation and Maintenance: The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the following: (1) Operating Charge shall be equal to 2/3 of 11% per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 1 /2 % per month of the installed cost of facilities paid for by the customer. (3) Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon MUNICIPAL SERVICE Page 1 of 3 Applicable: This schedule is applicable to municipal customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Monthly billing: The monthly billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus applicable Metering and Delivery adjustments. Basic Charge: Single Phase Jul 2014 Jul 2015 30 kW or less $ 16.49 $ 17.23 Over 30 kW $ 61.89 $ 64.67 Three-Phase Service Jul 2014 Jul 2015 30 kW or less $ 32.99 $ 34.47 Over 30 kW $ 107.28 $ 112.10 Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12 month period which includes and ends with the current billing month. Demand Charge: No charge for the first 15 kW of demand For all kW in excess of 15 kW Demand Charge Jul 2014 Jul 2015 Per kW $ 4.01 $ 4.19 Energy Charge: Single Phase Jul 2014 Jul2015 Per kWh u to 3,000 kWh $ 0.09031 $ 0.09437 Per kWh for the next 17,000 kWh $ 0.06773 $ 0.07077 Per kWh for all additional kWh $ 0.06347 $ 0.06632 Three Phase Jul 2014 Jul 2015 Per kWh up to 3,000 kWh $ 0.09648 $ 0.10082 Per kWh for the next 17,000 kWh $ 0.07316 $ 0.07645 Per kWh for all additional kWh $ 0.06858 $ 0.07166 City of Ashland, Oregon MUNICIPAL SERVICE Page 2 of 3 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. Reactive Power Charges: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Reactive Power Charge Jul 2014 Jul 2015 Per kvar $ 0.74068 $ 0.77401 Demand: Demands shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. Metering & Delivery Voltage Adjustments: The above monthly charges are applicable without adjustment for voltage with delivery and metering are at the City's standard secondary voltage. Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1 1/2 to compensate for losses. Delivery: For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage Charge of $43.68 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 Cents per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. City of Ashland, Oregon MUNICIPAL SERVICE Page 3 of 3 Installation and Maintenance: The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursements for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this schedule shall be determined in accordance with the following: (1) Operating Charge shall be equal to 2/3 of 1 % per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 1/2 % per month of the installed cost of facilities paid for by the customer. (3) Transformer Capacity Charge shall be equal to 15 Cents per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Continuing Service: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. City of Ashland, Oregon GENERAL SERVICE - GOVERNMENTAL LARGE SERVICE Page 1 of 2 Applicable: This schedule is applicable to electric service loads which have registered a peak demand of 1,000 to 3,000 kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements, or highly fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. Monthly Billing: The Monthly Billing shall be the sum of the Basic, Demand (if applicable), Energy, and Reactive Power Charges, plus appropriate Metering and Delivery adjustments. Jul 2014 Jut 2015 Basic Charge $ 2,525.71 $ 2,639.36 Demand Charge per kW $ 4.70584 $ 4.91760 Energy Charge per kWh $ 0.05518 $ 0.05766 Minimum Charge: The monthly minimum charge shall be the basic charge. A higher minimum charge may be required by contract. On-Peak Period Billing Demand: The on peak period kilowatts shown by or computed from the readings of City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. Reactive Power Charge: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 25% of the measured kilowatt demand for the same month will be billed, in addition to the above charges, at rate shown below per kvar of such excess reactive demand. Jul 2014 Jul 2015 Per kvar $ 0.74061 $ 0.77393 Metering: For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by (1-1 1/2%) to compensate for losses. City of Ashland, Oregon GENERAL SERVICE - GOVERNMENTAL LARGE SERVICE Page 2 of 2 Delivery: For as long as delivery voltage is at City's current locally available primary or transmission voltage the total of the above charges will be reduced by the following amount per kilowatt of load size used for the determination of the Basic Charge billed in the month; and where such deliveries are metered at the delivery voltage, the following high voltage charges shall be added. July 2014 July 2015 Standard Service Voltage Reduction per kW Reduction per kW Primary voltage of 11 kV or greater $ 0.15 $ 0.15 Transmission voltage of 60 kV or reater, $ 0.31 $ 0.32 High Voltage Charge Per Month Per Month Prima voltage of 11 kV or greater $ 41.80 $ 43.68 Transmission voltage of 60 kV or greater $ 406.18 $ 424.45 When a new delivery, or an increase in capacity for an existing delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15 cents per kilowatt of load size for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classifications thereof at any time and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. Contract: The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. Installation and Maintenance: The City may contact for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of the Schedule shall be determined in accordance with the following: (1) Operating Charge shall be equal to 2/3 of 1 % per month of the installed cost of facilities paid for by the customer. (2) Facilities Charge shall be equal to 1 1/2% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. (3) Transformer Capacity Charge shall be equal 15 (cents) per nameplate kva. Special Conditions: Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. City of Ashland, Oregon OUTDOOR AREA LIGHTING SERVICE Monthly Billing: The following rate schedule is no longer available for new residential installations and is for outdoor area lighting service furnished from dusk to dawn by City-owned high pressure sodium luminaries which may be served by secondary voltage circuits from City's existing overhead distribution system, and mounted on City-owned wood poles and served in accordance with City's specifications as to equipment and facilities, shall be as follows: (1) Net Monthly Rate Per Luminaire: Type of Luminaire - Nominal Lumen Rating Jul 2014 Jul 2015 High-Pressure Sodium 5,800 $ 20.76 $ 21.69 High-Pressure Sodium 22,000 $ 29.97 $ 31.31 High-Pressure Sodium 50,000 $ 47.93 $ 50.08 Existing Residential Monthly Billing: Type of Luminaire Nominal Lumen Rating Jut 2014 Jul 2015 High-Pressure Sodium 5,800 $ 15.97 $ 16.68 High-Pressure Sodium 22,000 $ 23.06 $ 24.09 High-Pressure Sodium 50,000 $ 36.88 $ 38.53 (2) Pole Charge: A monthly charge of $1.89 per pole shall be made for each additional pole required in excess of the luminaries installed. Pole Charge Jul 2014 Jul 2015 Per Month $ 1.81 $ 1,89 Maintenance: Maintenance will be performed during regular working hours as soon as practicable after customer has notified City of service failure. The City reserves the right to contract for the installation and/or maintenance of lighting service provided hereunder. Suspension of Service: The customer may request temporary suspension of power for lighting by written notice. During such periods the monthly rate will be reduced by the City's estimated average monthly re-tamping and energy costs for the luminaire. Contract: Due to the investment involved and cost of initial installation, the term of the contract shall be by written agreement with the Electric Department, the form of which shall have prior approval by the City Council, and the term of which shall be for not less than three (3) years. City of Ashland, Oregon TELECOMMUNICATIONS CHARGE Applicable: This schedule is applicable to unmetered service provided to Telecommunication companies for electric service for their node power supplies and other active devices requiring electric service attached to City of Ashland owned utility poles. Monthly Billing: The monthly billing will be the sum of the base amount multiplied by the number of power supplies the customer is requiring and the energy charge based on the average amount of kWh used in accordance with the Commercial Service schedule below. Basic Charge: Jul 2014 Jut 2015 Charge per Power Supply $ 16.49 $ 17.23 Energy Charge: Jul 2014 Jul 2015 Per kWh up to 3,000 kWh $ 0.07468 $ 0.07804 Per kWh for the next 17,000 kWh $ 0.07492 $ 0.07829 Per kWh for all additional kWh $ 0.07528 $ 0.07866 CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting Utility Billing Surcharge for the Ashland Forest Resiliency Project FROM: Dave Kanner, City Administrator, dave.kanner@ashland.or.us Lee Tuneberg, Administrative Services/Finance Director, lee.tuneberg@ashland.or.us SUMMARY Council expressed interest in considering a utility bill surcharge approach to funding the ongoing maintenance work of Ashland Forest Resiliency project. The proposed BN 2015-17 budget includes an increase in the City's permanent property tax rate in an amount of 8.92¢ per $1,000 of assessed valuation to pay for this work. Either a utility billing surcharge or the tax increase could produce the $205,000 necessary to fund the AFR maintenance work and expansion of the Fire Adapted Communities program. BACKGROUND AND POLICY IMPLICATIONS: The city currently has a need to fund the ongoing maintenance of the fuels reduction work (mostly federally funded) undertaken by the Ashland Forest Resiliency project at approximately $175,000 per year. In addition, about $30,000 per year is needed to make the Fire Adapted Communities Coordinator position a full-time position. The Water Fund has been paying $250,000 per year in the recent past for forest interface support, but the increased amount is needed to maintain the work done on forest resiliency with federal grants. The proposed budget for BN 2015-2017 has been constructed with the permanent property tax rate levied at its full amount (an 8.92¢ increase over the current level) to provide sufficient short term resources to accomplish the funding. Alternatively, a surcharge on the total or part of the utility bill could accomplish the funding. A surcharge could be managed similarly to the electric user tax (EUT), with any proceeds going directly to the General Fund. The calculations on the utility bill could be changed up, down or eliminated readily as directed by Council. However, complexity in the calculation of a surcharge could require customized programming of the utility bill which can be costly to establish, manage or remove. Considerations: When considering a utility surcharge for any specific purpose not directly related to an enterprise activity we must evaluate (under 1990's Measure 5) whether such a fee is a tax per Oregon Statutes. In general, a charge that is not based on property ownership or land value is not considered a property tax. As such, legal counsel has repeatedly confirmed that the electric user tax, for example, is not considered a property tax and falls outside of any Measure 5 restrictions. The utility bill approach is a reasonable way to reach most citizens and visitors of Ashland, directly or indirectly, because it is an established process and system resulting in no or few additional costs to Pa e l of 4 P & CITY OF ASHLAND administer. Through the existing billing system, citizens and customers pay directly and business customers would pay indirectly through retail charges for service. Proceeds could be reported directly within the General Fund and accounted for as earmarked funds for the AFR program. Additionally, if the city is interested in funding the Fire Adapted Communities program that parallels AFR, any charge or rate could be set to generate sufficient funds for that service as well. The city's utility bill currently charges for electric, water, wastewater, Transportation (streets) and storm drain services as well as the EUT. There are several ways to use the utility bill to generate the additional revenue stream: 1. Set a dollar amount for all who receive a bill, regardless of what service is purchased or the price paid. There are more than 12,000 utility accounts so the single dollar amount would be small, but "one price" does not fit all equitably. For example, a hotel would pay the same amount as a single family residence. 2. Set a dollar amount that varies by number or types of services billed. This is surely to be fairer than #1 but requires a logic for the difference between a single family dwelling, commercial account, government, etc. An example might be $x.xx/service like water, sewer, electric, transportation, etc. (5 services times $x.xx = charge) 3. Set a percentage of the total utility bill for calculating the surcharge. Similar to the EUT, this could be fairer than #1 or #2 because it is based on total charges for service, but it could still be questioned regarding the relationship between the AFR surcharge and all the services provided or value billed. 4. Set a dollar amount or percentage of a single service or its use, as we do with the EUT, which is applied only to electric service. AFR has been in the Water Fund and addresses watershed issues so applying the surcharge only to water service is the likely choice. The amount charged could be set by meter, meter size, volumetric use or total amount billed. Below is a table that compares some of the options on using the utility bill to charge for AFR activities. The rightmost range reflects what could be charged to generate enough for both AFR and the Fire Adapted Communities program. Base Accounts Amount Amount Options Amount Variable Services or Rate Yield or Rate Yield Set Fee/Utility Bill N/A No 12,500 $ 1.17 $ 175,500 $ 137 $ 205,500 Set Fee/each service billed N/A Yes 49,762 $ 0.30 $ 179,143 $ 0.35 $ 209,000 Percent of Total Utility Bill $ 27,432,018 Yes 12,500 0.64%F, $ 175,600 0.75%,F$ 205,700 Set Fee/Water Bill excl irrig. N/A No 8,485 $ 1.72 $ 175,130 $ 2.02 $ 205,676 Total Water Charges $ 5,838,578 Yes 8,679 3.00% $ 175,200 3.52%` $ 205,500 Charge on Water use (CCF) 1,298,659 Yes 8,485 $ 0.14 $ 181,800 $ 0.16 $ 207,800 Charge on Water Eq. Meter 1-80 Equiv Mtr Yes 11,067 $ 1.32 $ 175,301 $ 1.55 $ 205,846 Notes: The proposed rate for the "Charge on Water Use" option is a surcharge on each hundred cubic feet of water used each month. As such, a four-person single-family home using 1,000 cubic feet (10 CCF) per month would pay a monthly surcharge of $1.40. The City's largest water user, at 61,000 cubic feet per month (610 CCF) would pay $85.40 per month. The "Charge on Water Equivalent Meter" is based on average flow through a 3/4" meter, the most common meter size in the City and the size that serves a typical residence. The largest meter size in use in the City allows for a flow 80 times Pa e 2 of 4 CITY OF ASHLAND greater than the flow through a 3/4" meter. Under this scenario, a customer with a 3/4" meter would pay $1.32 per month, while customers with larger meters would pay proportionately more. A customer with a 2" meter, which allows for eight times the flow of a 3/4" meter, would pay 10.56 per month. A customer with the largest possible meter would pay $105.60 per month. Additional issues for discussion Any fee or surcharge imposed will have some drawbacks for implementation. Fairness is always an issue as is ability to pay by any customer class or sub-class. Complexity is added when efforts are proposed to address perceived fairness and may result in added cost to manage or implement. Other points to consider, mostly operational questions, are: 1. Are closing or partial month bills assessed the charge, prorated or not? Inclusion is more simple and less labor intensive. A set fee could require proration for fairness which adds complexity. 2. Do City and Parks' utility bills include the charge? 3. Do university and/or school bills include the charge? 4. Are separate bills for irrigation, garages, "second" units, etc., assessed the charge? This is usually a sore point for someone who has an electric account for their garage, an irrigation or separate living quarters account, etc.. 5. Do bills for master meters for business complexes, multi-family and/home owner associations receive the charge? 6. Do seasonal accounts receive the charge? 7. Are telecommunication accounts (AFN billings) included? As mentioned above, ability to pay often is an issue. Existing assistance programs such as senior and disabled discounts would receive the corresponding discounts, giving the customer an increased relief If the surcharge is not calculated on electric use there will be no impact on the Low Income Energy Assistance Program. COUNCIL GOALS SUPPORTED: Environment 8. Protect the integrity and safety of the watershed 8.1 Implement and maintain the Ashland Forest Resiliency project. 8.5 Fund the AFR & AIR programs. FISCAL IMPLICATIONS: Ongoing maintenance of fuels reduction work in the watershed should be funded by a dedicated source of revenue in an amount of $175,000 per year, or $205,000 per year to fund the maintenance work and the Fire Adapted Communities program. In the absence of a dedicated funding stream, the Council should identify corresponding cuts in other programs in order to pay for this AFR work. STAFF RECOMMENDATION AND REQUESTED ACTION: The Council can consider the options provided and others that may come in discussion and direct staff on next steps. Page 3 of 4 Pr, CITY OF ASHLAND SUGGESTED MOTION: I move to direct staff to bring back to Council a resolution to establish a surcharge on the utility bill to fund the Ashland Forest Resiliency project as follows: ATTACHMENTS: None Page 4 of 4 Imo, CITY OF ASHLAND Council Communication May 5, 2015, Business Meeting First Reading of an Ordinance Amending Chapter 11.28 to Authorize City Council to Establish Presumptive Parking Violation Fines by Resolution and to Clarify Determination of Fines for Single Parking Violations and their Relationship with Other Penalties for Parking Violations FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us Lee Tuneberg, Administrative Services Director, tuneberl@ashland.onus SUMMARY: This agenda item is the first reading of an ordinance the Council identified as a priority in its January 5, 2015, Study Session discussion of potential updates to the Ashland Municipal Code. At the April 21, 2015, Council meeting, staff presented this item, but time ran out before Council could begin deliberation. Passage of this proposed ordinance would (1) clarify that responsibility for setting parking fines is reserved for the Council; (2) authorize the setting of base (presumptive) parking fines by resolution; (3) make clear that one may appear in Municipal Court to seek modification of a presumptive fine for a parking violation; (4) set a legal standard for deviating from presumptive fines; (5) distinguish presumptive fines for parking violations from penalties for multiple parking violations, enhance penalties for ignoring parking tickets, and the current parking fine surcharge; (6) Delete a current $25 penalty when a person receives a third parking violation in a single calendar year; and (7) limit the penalty for more than four violations in any calendar year to $50. BACKGROUND AND POLICY IMPLICATIONS: The current municipal code sets forth in Sections 11.24.100, 11.28.110A and 11.28.120 specific dollar amounts for penalties for multiple parking violations, for enhanced penalties for ignoring parking tickets, and for a parking fine surcharge. Current code also specifically authorizes impoundment, immobilization by parking boot, and towing as means for dealing with multiple parking violations. But current code does not set the amount for a simple, one-time parking violation and does not state who has responsibility for setting that amount. The current $11 fine for a parking violation apparently was established by a former municipal court judge many years ago. In order to set the stage for Council consideration of a resolution updating the fine for a parking violation, staff recommends the attached ordinance amendment. The ordinance amendment would allow the presumptive fine for a parking violation to be set in the master fee schedule approved annually by Council resolution. This would encourage regular review of the appropriateness of the amount established for the presumptive fine. The other parking violation penalties already set by ordinance would not be affected by this amendment, except for the penalties for multiple violations, as described below. Page I of 4 CITY OF ASHLAND Oregon statutes already make clear that one may seek modification of a presumptive parking violation fine by requesting a trial or by entering a plea of no contest and delivering to the court the amount of the presumptive fine, along with a statement of explanation. ORS 153.061(3)(b); ORS 153.099(2). The proposed ordinance amendment necessarily appropriates the statutory process by which a person may seek modification of a presumptive parking violation fine and adds an explicit further expectation that the presumptive fine be imposed in the absence of reasonable grounds for modification. The proposed amendment would also make clear that penalties for multiple parking violations; penalties for failing to appear or post bail in the time required by a parking citation; and the City's parking surcharge are all independent of the presumptive fine for a single parking violation and are subject to their own distinct provisions in the Ashland Municipal Code. The proposed amendment would remove a current requirement to impose a $50 dollar penalty on each violation in excess of four violations in any calendar year, and instead provides for a one-time $50 penalty for five or more violations in any calendar year. (See Section 11.28.110A(2) on page 2 of 5 of the proposed ordinance.) This revision reflects the current practice, which is thought to have been instituted during a time of economic recession and very high gas prices. Finally, the proposed amendment would modify the current table in Section 11.28.1 11 OA to make clear that penalties for multiple parking violations are cumulative per calendar year and would eliminate a provision imposing a $25 penalty when a vehicle receives a third parking citation. This latter change removes the anomaly that getting four parking citations currently incurs the same penalty as getting three. Another reason for the change is that Diamond Parking's tracking system only permits identification of multiple violations upon the fourth citation. The proposed ordinance amendment raises at least the following policy questions for Council deliberation: 1. Except for authorizing Council to set presumptive parking fines by resolution, should changes to the Code concerning parking regulations and enforcement be addressed subsequently through more comprehensive amendments designed to consolidate and simplify the Code provisions on parking regulations and enforcement? a. Consideration: The "same-block rule," "head-in only parking" in some areas, and purportedly inadequate signage are frequent sources of complaints and appeals that the Council may want to re-examine. b. Consideration: AMC 11.24 contains certain parking regulations and penalties. AMC 11.28 contains other parking regulations and penalties. Consolidating these provisions into one chapter probably makes sense. 2. If presumptive parking fines are significantly increased, should penalties for multiple violations be continued? a. Consideration: The provision requiring penalties for multiple violations upon receipt of a third, fourth, and fifth citation in any one calendar year is (1) complicated enough to be confusing; (2) arguably not needed as a deterrent if presumptive fines are high enough to discourage multiple violations; (3) an administrative burden for both Page 2 of 4 Mr, CITY OF ASHLAND Diamond Parking and the Municipal Court; (4) probably an additional incentive to appeal one's fourth and fifth citations in hope of dismissal. 3. If penalties for multiple violations are continued, should the $25 penalty for the third and fourth violations be retained? a. Note: The proposed amendment eliminates the penalty for the third violation. b. Consideration: The $25 penalty for the fourth violation arguably adds complexity without adding much effective deterrence. 4. If penalties for multiple violations are continued, should the fine for five or more violations in any calendar year be $50 for each violation, or should it be $50 for the fifth violation, with no additional penalties thereafter? a. Note: The current ordinance imposes a $50 fine for each violation after the fourth one in any calendar year. Apparently upon direction from City staff a few years ago, however, Diamond Parking has been assessing the $50 penalty only upon the fifth citation. The proposed ordinance amendment would bring the code into conformity with this current practice. b. Consideration: Arguably, retaining the current Code's $50 fine for each violation after the fourth one in any calendar year would increase parking availability by making the consequences of multiple parking violations more costly. On the other hand, such a change arguably could result in more appeals of parking fines and more dismissals or fine reductions. 5. Should the amended ordinance require "reasonable grounds" for deviating from the presumptive fine and specify that financial hardship and number of pending parking citations do not constitute reasonable grounds? a. Consideration: In the interest of just application of general laws to individual circumstances, courts are typically afforded great discretion in deciding whether to dismiss or reduce presumptive fines for alleged offenses, especially traffic -related offenses. However, sometimes legislative bodies make policy determinations to set legal standards that limit such discretion when they believe enforcement has become either too strict or two lenient. For example, the Oregon Legislature has limited the discretion of prosecutors and judges in DUI (driving under the influence of intoxicants) cases by disallowing "guilty" or "no contest" pleas to any other offense in exchange for a dismissal of the offense charged. ORS 813.170. The statute further directs that "[n]o attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section." b. Consideration: Increasing presumptive parking fines may well result in more appeals of parking fines. Imposing a "reasonable grounds" requirement for deviation from presumptive fines might counter this impetus - at least over time - by making appeals less likely to be successful. c. Consideration: The primary objective of parking fines is to discourage persons from occupying more than a fair share of existing parking capacity. At the same time, however, revenues from Ashland Municipal Court adjudications of parking citations arguably should approximately cover the public costs of such adjudications. Total annual revenues attributable to Ashland Municipal Court are presently well below the Page 3 of 4 Imo, CITY OF ASHLAND court's annual operating costs. How much of the shortfall is due to dismissals or reductions of fines for parking violations - as opposed to other factors - is not known. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Passage of the proposed ordinance amendment is likely to result in a modest increase in Ashland Municipal Court revenues as a result of making clear the Council's expectation that presumptive fines be imposed in all but unusual circumstances. The ability to increase presumptive fines by resolution also may make possible a modest increase in revenue from parking fines, although the expected primary benefit will be a reduction in parking violations, especially in the downtown area. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance. SUGGESTED MOTION: I move approval of the first reading by title only of an ordinance titled, "An Ordinance Amending Chapter 11.28 to Authorize City Council to Establish Presumptive Parking Violation Fines by Resolution and to Clarify Determination of Fines for Single Parking Violations and Their Relationship with Other Penalties for Parking Violations." ATTACHMENTS: Proposed Ordinance Page 4 of 4 W`11 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11.28 TO AUTHORIZE CITY COUNCIL TO ESTABLISH PRESUMPTIVE PARKING VIOLATION FINES BY RESOLUTION AND TO CLARIFY DETERMINATION OF FINES FOR SINGLE PARKING VIOLATIONS AND THEIR RELATIONSHIP WITH OTHER PENALTIES FOR PARKING VIOLATIONS Annotated to show deletions and additions to the code sections being modified. Deletions are bold wed-thFough and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, penalties for certain violations of parking-related regulations exist in multiple chapters of the Ashland Municipal Code while the fine for a parking violation is not mentioned. WHEREAS, the City Council has the authority to determine the amount of presumptive fines for parking violations and can exercise that authority in an expeditious manner by resolution. WHEREAS, neither State statutes or City Code currently provide guidance to the Municipal Court on the standard to be used for deciding whether to modify a presumptive fine for a parking violation. WHEREAS, the current City Code provision requiring a $25 penalty for three parking violations is administratively impractical to enforce. WHEREAS, the current City Code provision requiring a $50 penalty for each violation in excess of four violations in any calendar year is unduly onerous and contrary to current practice. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.28 Restricted Parking Areas, Section 11.28.080 is hereby amended to read as follows: Ordinance No. Page 1 of 4 Section 11.28.080 Parking Violation Prohibition A parking violation is a violation of any parking prohibition, limitation or regulation of the City of Ashland. A vehicle parked in violation of this chapter or Chapter 11.24 shall have a notice of violation attached to the vehicles and the owner or operator of the vehicle shall be subject to the fines and other penalties and surcharges provided in Section 1.x.02811.24.100 and this chapter, and may be subject to the impounding of such vehicle as provided in Chapter 11.36. A person who commits a parking violation may not suffer any disability or legal disadvantage based upon conviction of a crime. SECTION 2. Chapter 11.28 Restricted Parking Areas, Section 11.28.110 Penalties for Parking Violations; Immobilization, Towing, Show Cause and Warrants is hereby amended to read as follows: Section 11.28.110 Penalties for parking violations;, immobilization, towing, show cause and warrants: A. Fine-.s Presumptive fines for parking violations shall be established by resolution of the City Council a. Subject to other penalties or charges provided herein, a presumptive fine is the fine amount imposed against the defendant who pleads no contest or is otherwise found guilty of the violation. b. A presumptive fine for a parking violation under this section will be imposed unless the court finds reasonable grounds for either increasing or reducing the fine. Neither financial hardship nor the number of pending parking citations will be considered reasonable grounds to dismiss or reduce a fine. c. No city officer shall make any motion and no judge shall enter any order in derogation of this section. Fines shall include the original ticketed amount as well as any enhanced penalties and surcharges, including those set forth in Section 11.24.100 and Section 11.28.120. In addition, a person who commits three o four parking violations in any calendar year shall pay an additional fine of $25, and a person who commits five or more parking violations in any calendar year shall pay an additional fine of $50 for eaeh parking violation they reeeive in that year. Multiple Violation Penalties* Number of violations Additional Penalty 525:80 4 violations in one calendar year $25.00 5 or more violations in one calendar ear $50.00''° e°.ph -,:,.i-Atio *This table does not include the presumptive fines, enhanced penalties, surcharges, or other fees authorized under this chapter. Ordinance No. Page 2 of 4 B. Immobilizer (boot) Installation and /or Towing. (I) When a driver, registered owner, or person in charge of a motor vehicle has either (I) five or more outstanding unpaid City of Ashland parking violations on any number of motor vehicles, or (2) a City of Ashland parking violation, or any number of such violations, with a total unpaid balance that exceeds $250, regardless of the number of motor vehicles involved, then any police or parking enforcement officer, or contracted parking enforcement provider of the City is authorized, directed and empowered to immobilize such a motor vehicle or vehicles found upon a public street or city off-street parking lot by installing on or attaching to the motor vehicle a device designed to restrict the normal movement of the vehicle. In the alternative, or in addition to immobilization, after 24 hours has elapsed, any police or parking enforcement officer or contracted parking enforcement provider of the City is authorized, directed and empowered to order such vehicle towed, by a licensed tow company tinder contract with the City or the City' s contracted parking enforcement service provider, as applicable. (2) For purposes of this section, bail or fine shall be outstanding on a citation when the citation is issued and shall remain outstanding until the bail is posted or the fine is paid. (3) Ten days before immobilizing or towing a vehicle according to the provisions of this section, the City, or the City' s contracted parking enforcement service provider shall place a notice on the vehicle or mail a notice by certified mail, return receipt requested, to the registered owner of such vehicle as shown by the records of the Oregon Motor Vehicles Division notifying the owner that the motor vehicle or vehicles may be immobilized and/or towed ten days after the date of mailing the notice herein for failure to pay outstanding parking bail or fines. (4) If the vehicle is so immobilized, the person who installs or attaches the device shall conspicuously affix to the vehicle a written notice on a form approved by the city, advising the owner, driver, or person in charge of the vehicle that it has been immobilized pursuant to this section and that release of the vehicle may be obtained upon full payment of the outstanding balance owed to the contracted parking enforcement service provider. The notice shall also specify that the vehicle is subject to tow. (5) In the event the vehicle is towed, the person who orders the tow, shall send by certified mail, return receipt requested, a notice advising the registered owner of the vehicle that it has been towed pursuant to this section and that release of the vehicle may be obtained upon receipt by the towing company of full payment of the outstanding balance owed. (6) A vehicle towed and impounded pursuant to this section shall be held at the expense of the owner or person entitled to possession of the vehicle. Personnel, equipment and facilities of private tow companies under contract with the City or the contracted parking enforcement service provider may be used for the removal and storage of the vehicle. C. Warning Letter, Show Cause, and Warrants. (1) Warning Letter. The Ashland Municipal Court may choose to send a warning letter by first class mail informing the defendant they have outstanding parking tickets and that Ordinance No. Page 3 of 4 their attendance is necessary at a preliminary hearing before issuing a show cause order and warrant. (2) Show Cause. The Ashland Municipal Court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt of court, including contempt for failure to appear as ordered or failure to comply. The show cause order shall be mailed to the defendant by certified mail, return receipt requested, no less than ten days prior to the appearance date; alternatively service may be made by any other recognized method, such as personal service according to the same timeframe. (3) Warrant. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. SECTION 3. Savints. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions, i.e., Sections 3-5 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 12015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 4 of 4