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2015-0519 Council Agenda PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Airy 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 19, 2015 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of May 4, 2015 2. Business Meeting of May 5, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by Michael Cavallaro of RVCOG 2. Annual presentation by the Wildfire Mitigation Commission 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. Approval of a public contract for banking services 3. Approval of recommendations from the Public Art Commission for painting electric utility boxes near the recycling area at North Mountain Park 4. Approval of an intergovernmental agreement between Jackson County and the City of Ashland for sobering unit services 5. 2015 Annual Appointments - Tree Commission 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 6. Amendment to the intergovernmental agreement with Jackson County to lease the Ashland Library to the Jackson County Library District 7. Endorsement of Southern Oregon Birth Connections Fall Family Fair for the purpose of hanging a banner 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 a resolution titled, "A resolution adopting a miscellaneous fees and charges document and repealing prior fee resolutions 2014-07 and 2014-09" X. UNFINISHED BUSINESS 1. Approval of cooperative improvement agreement with ODOT concerning Siskiyou Welcome Center and Rest Area XI. NEW AND MISCELLANEOUS BUSINESS 1. 7t" quarterly financial report of the biennium XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution adding a surcharge to water meters for the purpose of generating and dedicating general fund resources for additional work in the forest interface as part of the Ashland Forest Resiliency Program" 2. First reading by title only of an ordinance titled, "An ordinance amending Chapter 11.29 to authorize City Council to establish presumptive parking violation fines by resolution" 3. First reading by title only of an ordinance titled, "An ordinance amending Chapter 2.10.040 to revise standards for a quorum and for number of votes needed for official action at meetings of advisory commissions and boards" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHILAND.OR.US City Council Study Session May 4, 2015 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, May 4, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:29 p.m. in the Siskiyou Room. Councilor Lemhouse, Morris, Seffinger, Rosenthal, Voisin, and Marsh were present. 1. Public Input (15 minutes maximum) Louise Shawkat/870 Cambridge Street/Wanted to know when the Conservation Commission's plan to develop and implement a Climate Action Plan would go before Council. City Administrator Dave Kanner responded the Conservation Commission would present the plan at the June 2, 2015 Council meeting. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Options for rehabilitation of the Pioneer Mike statue Historic preservation consultant George Kramer from Kramer and Company provided background on the Pioneer Mike statue dedicated October 1910 as a gift to the city from the Carter family through a $1,000 donation. The statue has stood at the plaza for 115 years and removed twice. Once in 1969 when someone lassoed Pioneer Mike, pulled the statue down breaking the boots and one arm, and since October 2014 when someone broke the arm off in the same place. Southern Oregon graduate Ron Reinmiller repaired the damage that occurred in 1969 using fiberglass and epoxy and the statue returned to the plaza in 1972. The statue was made of zinc and soldered together. Zinc was brittle and over time, repairs weakened the statue. There were four examples of Pioneer Mike in the country. Ashland's was the only one in exterior display. Out of four, only two remained. One was in Ashland and the other in Stone Lake IA. The City of Storm Lake experienced similar issues with their statue that resulted in recasting Pioneer Mike in bronze for exterior display. The original is on interior display at the Buena Vista Historical Society. The statue was originally in contrapposto posture but repaired flatfooted in 1969 for additional stability. There were two options. One was continue to repair the statue as needed and if Council chose that option, Mr. Kramer strongly recommended the City have a mold made. The other option was accepting the City of Storm Lake's offer to allow the City to send a mold-maker and model their bronze casting. The City would display the bronze replica at the plaza, repair the original, and display it at an interior location. Pioneer Mike was on the national register. The Oregon State Historic Preservation office was aware of issues with cast zinc statues and was comfortable with the City replacing the statue with a bronze replica. Mr. Kramer referenced page 25 of his report and clarified costs. Repair damage for exterior installation was $10,000 and $1,500 for interior display. With fountain repair costs included, the Repair Option was $35,500. The Replication option would cost $47,000-$57,000. Council supported replicating the statue in bronze and repairing the original for interior display. Mr. Kanner noted there was one-time money in the budget for possible replication, $8,500 from the insurance company, and the insurance company would pay the $10,000 deductible. Council suggested looking at the fountain in front of the library that did not work and restoring the Abraham Lincoln statue in Lithia City Council Study Session May 4, 2015 Page 2 of 3 Park. The Public Arts Commission and Historic Commission could do an inventory of the current statues and fountains in need of repair and make recommendations, including the replacement of Pioneer Mike with a bronze statue. Mr. Kramer and Council discussed not repairing the flatfooted original and keeping it as part of Ashland's story. 4. Discussion of City Recorder compensation and Charter amendment Councilor Lemhouse explained this was City Recorder Barbara Christensen's final term and she would not seek re-election when it ended. Councilor Lemhouse stated that the discussion should be focused on whether the salary and the formula used to set the pay for the City Recorder position was right and if the position should continue as an elected position. Council confirmed the City Charter dictated the formula for salary calculation and it would require an amendment to change the salary formula or change the position from elected to appointed. There were two other cities in Oregon with elected city recorder positions. City Administrator Dave Kanner compiled position descriptions for the city recorder from cities in the state that closely matched the City of Ashland City Recorder job duties and city size. The City considered all forms of increased compensation that management and supervisory employees received when calculating the average increase and applied it to the recorder and municipal judge. Ashland's city recorder was not a classified employee and did not have a pay range with steps. Both the city recorder and municipal judge received a salary and did not get cost of living adjustments. Council noted the technical requirements required of the recorder's office and there was no guarantee the City would get an elected recorder that matched Ms. Christensen's high quality, character, and ethics. Council discussed paying the position like a department head if the position remained elected. Alternately, this was an opportunity to modernize the position, make it appointed, and get input from Ms. Christensen on how it should look. Mr. Kanner clarified if Council wanted to refer a charter amendment he recommended not making it effective until the expiration of the current city recorder's term. Mayor Stromberg added having the amendment go into effect at the end of the current incumbent's term or whenever that incumbent left the position. Other comments suggested changing the position but retaining the elected status and addressing qualification concerns, have the city recorder's salary relate to department head salaries, not supervisor pay, and when the amendment passed, offer that pay increase to the current city recorder. Council wanted to review the pros and cons. Mr. Kanner further clarified the top of range for a current city recorder was similar to what Ms. Christensen was earning. An analysis of the required duties and what that type of position was paid in comparison to other city positions, along with an analysis of comparable positions in similarly sized jurisdictions would result in the top salary range close to the current recorder's salary. He did not consider the recorder a department head position. The scope of resources affected by the position, independent judgment, and decision making factored into a classification did not justify treating the city recorder position as a department head. It was a confidential-administrative position below a senior management or deputy police chief role. Staff would need to do a comprehensive analysis to determine actual classification. If Council decided to pursue changing the position to appointed, they could remove the city recorder language from the Charter and create the city recorder position through a code amendment. Mayor Stromberg added the investment policy side of the city recorder and city treasurer would go into the Finance Department. The intention was a clean transition with the current elected recorder's era ending with Ms. Christensen and moving into a classified position in the City. Mr. Kanner noted almost all city recorder positions reported to the city administrator or city manager. City Council Study Session May 4, 2015 Page 3 of 3 Council was interested in knowing the reasoning behind the 1974 change. In 2002, Council did not recommend changing the city recorder position because Ms. Christensen did not support the change. This time Ms. Christensen supported looking into changing the position from elected to appointed. Other Council comments wanted to look at options regarding electing or appointing the position. Mr. Kanner commented elected offices in the country were reserved for policymaking positions and the city recorder was not a policy making position. It was an administrative, professional, technical position that worked within a prescribed set of rules regarding public meetings and information, and records retention. The city recorder implemented the policy of state and local legislative bodies. The elected county clerk ran the elections. The county needed someone who could exercise independence in the running of an election. The Ashland city recorder filed paperwork for the elections and did not run them. Staff would provide the pros and cons regarding whether to keep the position elected or appointed along with options that preserved the position but modernized it in the City Charter. 5. Discussion of quorum requirements for boards and commissions City Administrator Dave Kanner explained the request to change the codified definition of a quorum came from the Public Arts Commission. Council considered changing the quorum in 2012 and at that time elected not to make that change. Public Arts Commission member Margaret Garrington further explained the Coin ►nission's difficulties filling the 7-member maximum. Typically, the Commission had four people, and currently had six. Other issues were meeting quorum requirements on a monthly basis. Council suggested changing quorum requirements to mandate a minimum number of votes required to make a recommendation or pass a motion. Currently the Planning Commission had the final vote in a decision unless appealed. Other decisions by commissions ultimately went through Council, there would never be a time three commissioners could make a decision that was final. The quorum could have a minimum of three votes to make a recommendation. Council noted there were twelve commissions and three, the Public Arts, Transportation, and Tree Commissions had challenges getting members and suggested reviewing and improving recruitment processes. Possible other reasons for low recruitment could be attendance requirements or retaining the interest of commissioners and keeping the commissions working. Council majority directed staff to bring back an ordinance lowering quorum requirements with a minimum amount of votes to establish an action. Opposing comments did not want to give staff direction regarding quorum and wanted to address the root cause of quorum issues instead. Council also wanted to know the methodology on recruitment, other strategies to gain interest in commissions, and have someone contact commission chairs for their input. Meeting adjourned at 7:00 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Ashland City Council Meeting May 5, 2015 Page 1 of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 5, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Seffinger, Rosenthal, and Marsh were present. Councilor Lemhouse was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City completed the annual appointment process for the various Commissions, Committees, and Boards but there were vacancies on the following Commissions: Airport, Forest Lands, Housing & Hunan Services, Public Arts, Transportation, Tree, and Wildfire Mitigation. The annual appointments on the Consent Agenda would include the reappointment of Tim Bewley and Bruce Moats to the Wildfire Mitigation Commission inadvertently left off the Council Communication. Mayor Stromberg added the approval of appointments to the Ashland Fiber Network Committee to the Consent Agenda. APPROVAL OF MINUTES The minutes of the Study Session of April 20, 2015, Executive Session of April 20, 2015 and Business Meeting of April 21, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Assistant Planner Amy Gunter and Historic Commission member Keith Swink gave the annual presentation on the Historic Commission. Commissioner Swink provided the background and duties of the Commission. Ms. Gunter explained the City secured a Certified Local Government (CLG) grant that would help offset historic preservation costs and enable the Commission to pursue furthering historic preservation education, code amendments, conference attendance, and monthly activities. The Historic Preservation Plan found the lack of review of alterations to structures in the historic districts caused some loss of integrity within these districts. The CLG grant helped hire a consultant to work with the Historic Commission on a possible tiered effort that could result in code regulations similar to the City of Medford and City of Jacksonville. The Historic Preservation Awards ceremony would happen Wednesday, May 20, 2015, 1:30 p.m. in the Ashland Community Center. Commissioner Swink listed the activities planned throughout May to celebrate National Historic Preservation Month, and noted the plan to install markers throughout the historic district. The Commission expressed appreciation for Ms. Gunter's assistance and efforts. The Mayor's proclamations of May 2015, as National Historic Preservation month and May 11-17, 2015, as American Craft Beer week were read aloud. Acting Ashland Police Chief Warren Hensman presented the report on crime in Ashland that included use of force, the Enhanced Law Enforcement Area, and on-going issues with Will Dodge Way. During 2014, the Ashland Police Department (APD) used force 31 times up slightly from 2013 where there were 28 Ashland City Council Meeting May 5, 2015 Page 2 of 9 incidents. APD had two TASER deployments and of the two only one activation. Three subjects were pepper sprayed. Nine incidents required control holds and eight subjected to targeted strikes by officers. Of those incidences, 29% did not involve more than forcing a subject to the ground or up against an object. Seventeen injuries were reported during these confrontations, six to police officers, and eleven to suspects with none of the injuries more serious than minor cuts and scrapes. Drugs and or alcohol were involved in 50% of these incidents. In 2014, each officer received approximately 22 hours of training on use of force. Crime rates were based on the number of Part One crimes in a jurisdiction and reported annually to the Federal Bureau of Investigation (FBI) for the Uniform Crime Report. Part One crimes included Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft and Larceny. In 2014, APD took 630 reports on Part One crimes. This was a 10% decrease from 2013. Violent crimes consisted of Homicide, Rape, Robbery, and Aggravated Assault. There were 21 violent crimes reported in Ashland in 2014, and 25 violent crimes reported in 2013 for a 16% decrease. The Police Department cleared 35% of Part One cases and 90% of violent crime cases. The Enhanced Law Enforcement Area (ELEA) ordinance went into effect 2012. In 2014, the City issued 15 expulsion orders due to 147 violations or crimes occurring in the downtown corridor. The Police Department tracked crimes in the downtown area through calls for service regarding disorderly behavior. In 2014, APD responded to 199 calls for service in the downtown area regarding disorderly behavior. This was a 25% decrease from 2013 and 35% from 2012. APD worked with the City Administrator and City Attorney's office to address particularly negative behavior in the downtown area. They discussed possibly extending ELEA boundaries to include the Bill Patton Gardens, expanding the list of qualifying violations to include smoking marijuana in public, architectural concerns, and ordinances requiring dogs in the downtown area be vaccinated or licensed. Acting Chief Hensman met with the City Administrator, City Attorney, Planning staff, and two citizens on mitigating the issues with Will Dodge Way as a community and find resolutions to the problems. Business owners discussed internal structural changes that would draw the crowd to Main Street instead of Will Dodge Way. He clarified violations generated from the venues on Will Dodge Way consisted of open containers, smoking marijuana in public, some overcrowding, and typical disorderly behavior in the downtown area that involved patrons outside of the clubs. Five individuals involved in FLEA expulsion orders were the same from last year. The City enforces a 90-day expulsion so the clock can restart for repeat offenders repeatedly. The people not repeating were obeying the rules as opposed to leaving town. Acting Chief Hensman confirmed officers gave more warnings to patrons and bar owners on Will Dodge Way than they did actual violations. Occasionally APD received a complaint that did not involve laws being broken as well as situations where the individual had left or the noise dissipated. Madeline Hill/950 Golden Aspen Place/Stated the nuisance issues on Will Dodge Way had not improved. She appreciated the Police Department focusing on the area and that City officials were meeting with the neighbors. She produced a large notebook that contained specific suggestions neighbors had researched to improve City processes regarding noise, nuisance, and nightclubs. PUBLIC FORUM Huelz Gutcheon/2253 Hwy 99/Announced an ongoing class titled "Solving Climate Change with Simple Science" at the Ashland Public Library Fridays at 7:00 p.m. The class was open to the public and free. Ashland City Council Meeting May 5, 2015 Page 3 of 9 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 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 9. Approval of appointments to the Ashland Fiber Network Committee Mayor Stromberg submitted a document into the record regarding the Ashland Fiber Network Committee and explained the members included Pam Marsh, Rich Rosenthal, Dennis Slattery, Vicki Griesinger, Jim Teese, Bryan Almquist, Susan Alderson, and Matthew Beers. City Administrator Dave Kanner requested to withdraw Consent Agenda item #8 from the agenda due to an error in the agreement. Councilor Marsh requested the agreement specify that Jackson County lease to the Library District for no more than $1.00 a year. Councilor Voisin pulled Consent Agenda items 42, 4, and 6 for discussion. City Attorney Dave Lohman confirmed the contract for legal services for Douglas McGeaiy would not exceed $120,000 a year and was the same as the last four years. Funds for Mr. McGeary's salary came out of the Legal Department budget in lieu of funding a full time assistant attorney. Public Works Director Mike Faught addressed Consent Agenda item 44 and clarified the City hired Economic and Financial Analysis (EFA) to assist in updating the System Development Charges (SDC) for all of the utilities. The System Development Charge Committee ended up meeting nine times instead of three that resulted in the consultant having to change the proposal several times. This amendment would cover the consultant completing the final report and attending two Council meetings. Of the $8,000 requested, $3,000 went to travel. Mr. Faught clarified funds for Consent Agenda item 46 regarding the intergovernmental agreement for GIS software maintenance would come from the Engineering Services division under Public Works through utility rates. Councilor Rosenthal/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing and approval of resolutions titled: 1) "A resolution adopting transportation utility fee schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2014-04"; 2) "A resolution adopting a storm drain utility fee schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2014-05"' 3) "A resolution revising rates for water service pursuant to Ashland Municipal Code Section 14.04.030 and repealing Resolution 2014-02"; 4) "A resolution revising rates for wastewater (sewer) service pursuant to Ashland Municipal Code Section 14.08.035 and repealing Resolution 2014-03" and 5) "A resolution revising rates for electric service pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2014-06." Ashland City Council Meeting May 5, 2015 Page 4 of 9 Administrative Services and Finance Director Lee Tuneberg explained the City reviewed utility fees annually and recommend changes to Council. Staff based rate increases on operational and capital improvement needs in the Street, Sewer, and the Electric Funds. The fees would cause a 7% increase in the average monthly cost to a single-family dwelling user, with 1,000 kilowatts of power, and 1,000 cubic feet of water. Electric and IT Director Mark Holden explained the average cost increase in kilowatt hour for the next rate period was 3.75 cents from Bonneville Power Administration (BPA). Three capital improvement projects would benefit from the increase. The SCADA upgrade at the Oak Knoll substation at $7,000, the second phase of the A2000 business feeder upgrade that fed Oregon Shakespeare Festival, City Hall, and the downtown area at $150,000, and the start of the design phase for the distribution rack the City owned inside the substation with PPL was approximately $70,000. BPA used a biennial rate process and the current one for this rate case started December 2014. BPA provided initial estimates in December then refined them over time until they get to the last projection. BPA had finished the public comment period and announced what they believed were the final numbers. They historically operated this way with almost 100% accuracy. The City used the numbers provided to calculate the proposed rate increase. Of the 4.5% increase in rates, the fee for BPA was 47% of the rate increase or $1.56. Public Hearing Open: 7:52 Barney Spera/260 Skycrest Drive/Explained he was a former City Councilor and Mayor of a similar sized town in California. He opposed the increase in water rates. His monthly water bill in 2013 was $750 that he was able to get down to under $400 using a drip watering system. He described his property, extensive landscape, and trees. He did not want higher rates to drive him out of Ashland. He asked Council to reconsider raising water rates annually. Public Hearing Closed: 7:53 Mr. Faught explained the rate increase was due to the 10% per year recommended in the Water Master Plan to fund several capital improvement projects within the Water Fund important to the Ashland's future water supply. Projects included a new water plant, a new reservoir with treated water for supply and fire safety, and numerous distribution projects for life cycle replacement. The rate increase was consistent with the recommendations in the Water Master Plan. The Water Master Plan was located on the City website under Public Works. This was the last year for 10%, next year the rate increase would drop to 7.9% and eventually to the 3% area. The best course of action for the City was having the utility pay for itself instead of a separate bond auction. Mr. Tuneberg added some form of financing would occur in the future. The Water Master Plan identified a way to curb the cost of financing by raising rates and setting money aside to pay for the debt service. Mr. Faught addressed upsizing the sewer pipelines for wastewater and explained the project would comply with regulations regarding temperature. The oxidation ditch would help keep overflow from going into the creek and avoid regulatory issues as well. Councilor Marsh/Rosenthal m/s to approve Resolution #2015-09 revising rates for Water Service. DISCUSSION: Councilor Marsh commented Ashland was accommodating the significant infrastructure and snowpack issues, and making wise decisions regarding water and it required a 10% increase. Councilor Rosenthal added the rate increase was based on the Water Master Plan. Not supporting the increase would be harmful for the community and result in even higher costs in the future. Ashland City Council Meeting May 5, 2015 Page 5 of 9 Councilor Voisin noted several capital improvements were based on growth and Ashland was not growing. She wanted the growth-based projects removed from the Capital Improvement Plan (CIP) list until there was evidence Ashland was growing at 2% per year. The whole package created almost a 7% increase at $140 per year. She also wanted progressive rates instead of rates that did not reward conservation. Mr. Faught clarified the growth rate in the Master- Plan was set at less than I% per year. He did not recommend cutting any projects at this point. The new Water Plant was more about redundancy, getting it out of the canyon it was currently located to minimize the risk of losing the plant due to natural disasters. Voice Vote: all AYES. Motion passed. Councilor Marsh/Rosenthal m/s to approve Resolution 42015-10 revising rates for Wastewater (Sewer) Service. DISCUSSION: Councilor Marsh explained the League of Oregon Cities indicated Ashland was mid range for rates with the increase. The rates were based on the Master Plan and would help avoid issues in the future. This was the responsible decision. Councilor Rosenthal added this was year four of the Master Plan and there was no reason to deviate from it. This was a rational and reasonable approach to the utility. Mayor Stromberg noted part of the cost for the wastewater treatment plant came from the Food and Beverage Tax and another reason Ashland could keep rates low. Voice Vote: all AYES. Motion passed. Councilor Marsh/Morris m/s to approve Resolution #2015-11 adopting a Storm Drain Utility Fee. DISCUSSION: Councilor Marsh cited the League of Oregon Cities data showed Ashland on the lower range for storm drain utility fees. Councilor Morris thought the storm drain system was the one utility the City should repair as much as possible. Much of it was old, undersized and needed updating. Voice Vote: all AYES. Motion passed. Councilor Rosenthal/Marsh m/s to approve Resolution 42015-12 adopting Transportation Utility Fee. DISCUSSION: Councilor Rosenthal explained the increase was not adequate for going forward. He would support it this year but the reality was when the study came forward later in the year it would indicate funding for maintaining and replacing streets woefully inadequate and would most likely have to be adjusted. There were 742 segments of roads encompassing over 90 miles of streets in Ashland. The finding provided by this fee would only cover maintenance of twelve segments when the recommendation was maintaining 24 segments annually. None of the funding in this fee would address streets in critical disrepair. City Administrator Dave Kanner explained staff planned to pay $250,000 to $500,000 of maintenance from the Street Fund but the cost was offset by the reduced maintenance costs and the reduced cost of water. Voice Vote: all AYES. Motion passed. Councilor Morris/Seffinger m/s to approve Resolution #2015-13 revising rates for Electric Service DISCUSSION: Councilor Morris explained the electric infrastructure was a challenge especially in the older areas. Councilor Seffinger supported upgrading the old lines. Councilor Marsh thought this increase was the hardest for lower income individuals. She noted subsidies available and last year the average subsidy was significantly below the ceiling. There was room as rates went np for the subsidy to increase as well. Mr. Kanner added the fee increase should have been 7.5%. Because of the warmer winter weather, the electric revenue was below budget and the fund balance fell 27% of what was recommended. Realistically the City should raise rates to increase the fund balance but a rate increase of that size was not acceptable. Councilor Voisin wanted to ensure rates were increased to pay bills but have a mechanism that decoupled fixed costs from consumption rates so people were not paying fixed costs through consumption. The City could pay for the basic operation of the department and not worry whether or not sales revenue was generating enough funds to pay for that purpose. Another concern for Councilor Voisin was that 35% of the electric was the electric user tax and a 10% franchise fee. Voice Vote: all AYES. Motion passed. Ashland City Council Meeting May 5, 2015 Page 6 of 9 UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Utility billing surcharge for the Ashland Forest Resiliency project Mayor Stromberg explained the Ashland Forest Resiliency (AFR) project would complete mechanical thinning over the next two to four years. When that was done, AFR would do periodic controlled burning to keep the fuel levels at a lower and safer level. This would cost approximately $175,000 per year indefinitely to manage fuels in the forest. Also under consideration was covering the $30,000 needed to support the Fire Adapted Community annually. Administrative Services and Finance Director Lee Tuneberg looked into using a utility surcharge to fund AFR maintenance as an alternative to using property taxes. Council could set a dollar amount on everyone who received a bill, have a dollar amount that varied by number or types of services, or a percentage of the total utility bill to calculate the surcharge or establish a dollar amount or percentage similar to the Electric Users Tax. Council would have to determine whether closing or partial month bills were prorated or not, would the City, Parks, university and schools pay the surcharge, or irrigation, garages, accessory units? Other questions to consider were how to apply the surcharge to master meters, seasonal accounts and whether to include Ashland Fiber Network bills. Over the past 20 years, the Water Fund paid whatever grants did not cover for AFR and the amounts did not fluctuate. The surcharge could apply to a charge on water use or a charge on water equivalent meter that established different dollar amounts for 3/4" and 2" meters. City Recorder Barbara Christensen left the meeting at 8:30 p.m. The most simple and reasonably fair option was charging based on the size of the water meter. That information was already on the bills. Staff could build logic into the system without much if any programming from the software company. It was easier to manage and explain. Mr. Tuneberg recommended the surcharge be direct revenue to the General Fund. Council could determine other things to find as well. Currently it was AFR, and the Fire Adapted Community. If there were additional costs and programs Council wanted to fiend, those cost would be identified, agreed upon, and set proportional ly. Staff was examining exemptions as part of the cost of service study. Councilor Marsh/Seffinger m/s to direct staff to bring back to Council a resolution to establish a surcharge on the utility bill to fund the Ashland Forest Resiliency projects via a charge on the water bill associated with meter size. DISCUSSION: Councilor Marsh commented setting fees and increasing taxes was not pleasant but it was imperative the City find an ongoing revenue stream for the AFR project. The utility fee met the criteria for setting a new fee in the community. It was transparent, with a predictable revenue stream, established a nexus between funding and use, and was a fee assessed to all water users in the community. The surcharge predicated on water meter size showed inherent progressivity with the funds earmarked and associated with the use. This would allow the City to assess the fees on the bills, take the money, and earmark it for AFR. Councilor Seffinger thought this was a Council goal, agreed with the transparency and sharing the fee with everyone who used water. Councilor Rosenthal added it was the right mechanism. The surcharge was an investment that could provide returns for the community. The $175,000 the City spent this year returned $3,160,000 in additional funding from federal, public, and private sources. It was an insurance policy and smart investment. Councilor Voisin had difficulties with the surcharge. They just increased utilities fees 7% and an additional fee was unwarranted when there was the option of property taxes at .09 cents per $1,000. Citizens that owned homes were better equipped to pay the fee and could deduct it from their taxes. Renters and others could not do that. Taking it from property tax ensured the value and Ashland City Council Meeting May 5, 2015 Page 7 of 9 protected properties. The cost for a new fire employee should come out of the Fire Department and not out of the surcharge. Councilor Seffinger thought it was important to recognize erosion caused by forest fires significantly affected water quality and went into the dam. She was concerned about the increase in the Public Employee Retirement System (PERS) and did not want to raise property taxes because of that future issue. Roll Call Vote: Councilor Morris, Seffinger, Rosenthal, and Marsh, YES; Councilor Voisin, NO. Motion passed 4-1. Council answered the following questions regarding the surcharge: 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. Council agreed to impose the surcharge when it was incurred in any portion of the billing cycle. 2. Do City and Parks' utility bills include the charge? Council majority was in favor of exempting the City and Parks and Recreation from paying the surcharge. Opposing comment raised transparency concerns. 3. Do university and/or school bills include the charge? Council maiority agreed the university, and school district should pay the surcharge. 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. Staff would have options regarding irrigation when they brought the resolution to a future Council meeting. 5. Do bills for master meters for business complexes, multi-family and/home owner associations receive the charge? Council supported the surcharge applying to master meters. 6. Do seasonal accounts receive the charge? Staff would research options and bring them to Council when the resolution was ready for approval. Council suggested applying the surcharge to the Welcome Center and Rest Area and residents outside city limits. Mr. Kanner noted there two customers using the largest meter and second largest meter that would incur a large surcharge. Council could decide not to charge any customer more than a 5-inch meter and spread the rest among the other customer classes so the impact was a couple pennies per month. Council did not support including the Fire Adapted Community in the surcharge. 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" City Attorney Dave Lohman explained the item was about efficiently allocating the utilization of a limited resource, mainly the parking lot capacity. Currently the fine was $7.00 with a $4.00 surcharge for overtime parking, 15 minute spots were $11.00 with a $4.00 surcharge. The Downtown Parking Management and Circulation ad hoe Advisory Committee recommended adjusting the amounts because Ashland City Council Meeting May 5, 2015 Page 8 of 9 they thought it was too low and resulted in inequitable allocation of that parking capacity. Other changes to parking regulations would come before Council in the future. If Council passed any portion of the proposed ordinance, they would determine what the correct fees and fines should be for parking violations. Other policy considerations included retaining or raising the penalties on multiple violations, and the appeal process. In 2014 there were approximately 11,500 citations and 419 appealed. That could increase if Council raised the presumptive fine. The percentage of fines upheld ranged from 35% in 2009 to 19.1 % in 2014. Municipal Court Judge Pain Turner had asked Mr. Lohman to clarify points made during the last meeting's discussion. Of the 104 appealed cases dismissed in 2014, 20 involved handicap stickers not prominently placed. When a violation fine was reduced to zero it still counted towards multiple violations and required payment of the $25 fine for the third violation. If the Court dismissed the fine altogether, it did not count towards multiple violations. The revenues generated by the fines went into the General Fund and not the Court. Council was interested in who the violators were and what determined the Judge's discretion in the reduction of a fine. Mr. Lohman confirmed the Judge had the ability to accept a parking situation as unfair. Administrative Services and Finance Director Lee Tuneberg confirmed the Court could take credit and debit cards and the ability to do so would make it easier for people to pay their tickets. Council suggested a $25.00 penalty for every ticket after the fifth citation. Council also wanted to know if the fees generated from parking tickets covered the contractors and litigation costs or if taxpayers subsidized the program. Mr. Tuneberg explained revenue generated from the Hargadine parking lot paid for the Diamond Parking contract. Parking tickets generated some money for the downtown study, debt service, and similar things, the rest went into the General Fund. The City was most likely not charging enough to cover the cost of administering appeals, especially if reduced to zero or waived. The goal was increase turnover in parking because each parking space in the downtown was $30,000 in commerce in that area. Mr. Kanner explained the Municipal Court was not there to generate revenue for the City but enforce the adopted ordinances by the City Council. Policy should not predicate on the personal preferences of any sitting judge. Council determined policy on what was in the best interest of the city as a whole. The judge enforced the Council's adopted policy. The Downtown Parking Management and Circulation ad hoc Advisory Committee recommended increasing the parking fine to $22.00. It was not clear in their recommendation if that amount included the $4.00 surcharge or not. The $11.00 parking fine was not a deterrent to people. Combining the low parking fine with the ease someone could have getting a parking citation or even a string of citations dismissed, undermined Council policy of generating turnover in parking spaces downtown. Councilor Voisin wanted Judge Turner to attend a Study Session to get her input regarding parking. Mr. Lohman clarified at some point in the past someone at the City told Diamond Parking not to enforce the $50 penalty on each violation and only apply it when someone received their fifth ticket because of the possibility of difficult financial situations. Subsequent tickets would incur penalties for multiple violations. Council RosenthalNoisin m/s to postpone consideration of the First Reading of an ordinance amending Chapter 11.28 and discuss the issue at a Study Session that would include attendance by the Municipal Judge. DISCUSSION: Councilor Voisin had too many questions only Judge Turner Ashland City Council Meeting May 5, 2015 ! Page 9 of 9 could answer. Councilor Marsh wanted to kilo 1 w Council responded to a separation of power regarding the issue. Councilor Rosenthal could of disco or consider an ordinance requiring reasonable grounds for deviating from the presumptive fine without knowing the background on the most common reason that people asked for deviation and the expert on that topic was the Judge. Councilor Marsh/Morris m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Councilor Voisin wanted to know how the Court could influence Council and the conflict of interest when Council needed information from the Judge to make a decision. Councilor Morris noted it went back to Council making the policy and setting the standards and the judge adjudicating them. He was curious of the questions Councilors were interested in asking and the relevancy. Mayor Stromberg did not think Judge Turner wanted to influence the Council. Mr. Lohman added the Judge was sensitive to the issue and understood she could not advocate for a policy position. She was interested in describing facts, not stating what Council should do with the facts. The Study Session was a legitimate meeting as long as everyone avoided advocacy on the Judge's part. Council Voisin wanted to know who the violators were, if they were employees, and what determined in the Judge's discretion a reduction in a fine, and if the citations covered the cost of adjudication. Mr. Lohman explained some of Councilor Voisin's questions were policy questions that the Judge would find inappropriate for her to answer. Councilor Voisin/Marsh m/s to reinstate Council Rules. Voice Vote: all AYES. Motion passed. Mr. Kanner asked Council's interest in staff bringing back an ordinance that did nothing but grant the Council authority in setting parking fines. Voice Vote on main motion: Councilor Voisin, Rosenthal, and Marsh, YES; Councilor Morris and Seffinger, NO. Motion passed 3-2. Staff would bring a clean ordinance to the next Council meeting. Council directed staff to research paying fines with credit and debit cards and cell phones. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Seffinger announced that Airport Day was Saturday May 16, 2015 from 8:00 a.m. to 4:00 p.m. The Ashland Creek Park celebration was Wednesday May 20, 2015 from 11:30 a.m. to 1:30 p.m. Councilor Voisin noted May was National Historic Preservation Month and announced Tuesday May 12, 2015 there would be free veterinarian services at the United Methodist Church from 2:00 p.m. to 4:00 p.m. Services included vaccinations and exams. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:10 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ROGUE VALLEY COUNCIL OF GOVERNMENTS We shall act as a catalyst to promote quality of life, ffective and efficient services, and leadershp in regional communication, cooperation, planning, and action in Southern Oregon. Mission Statement Program and Financial Update January 2015 J'Yr,Mf: 'C S.. R O G U E L LEY -t COUNCIL O F G O b f B N M E N T 3 P.O. Boa 3275 155 N. 1~1 Street • Central Point, Oregon 97502 • (541) 664-6674 w,v-,v.n cog.org Contents Organizational Overview 3 Planning 6 Transportation Planning 6 Land Use Planning 7 Community Development 7 Natural Resources 8 Senior & Disability Services 9 Home and Community Based Care 9 Senior Meals Program 9 Aging & Disability Resource Connection (ADRC) 10 Developmental Disabilities Crisis Diversion Services 10 Special Member Services 9 Information Technology 11 Finance 11 Special Projects, Studies, and Surveys 11 Rogue Valley Public Service Academy 11 Financial Overview 12 Major Programs and Projects Indexed by Jurisdiction 15 Jackson County 16 Josephine County 23 City of Medford 28 City of Grants Pass 34 City of Ashland 39 City of Central Point 45 City of Eagle Point 51 City of Phoenix 56 City of Talent 62 City of Jacksonville 68 City of Shady Cove 74 City of Rogue River 77 City of Gold Hill 83 City of Cave Junction 88 Town of Butte Falls 92 Organizational Overview What is a COG? A Council of Governments (COG) is a voluntary association of cities, counties, and special purpose districts within a distinct region. COGS serve as planning, coordination, program development, and service delivery organizations in regions across the nation. Although Councils of Governments differ in size and range of activities from one region to another, their fundamental shared purpose is to employ collaborative mechanisms to help the public sector operate more efficiently and effectively. In addition, as a matter of organizational design, COGS share a high degree of responsiveness to those with whom they work- because COGS are almost always voluntary associations, whatever they do must be accomplished with the expressed consent and support of their members. What is RVCOG? The COG promotes regional As provided for in Chapter 190 of the cooperation and provides services Oregon Revised Statutes, the Rogue and resources which might not Valley Council of Governments (RVCOG) was established by the member otherwise be affordable or available governments in 1968 to operate in to local governments. Jackson and Josephine Counties. Currently, RVCOG has 23 members: 15 local governments, as well as 8 other entities such as special districts and Jackson higher education. In terms of its county governance, RVCOG is owned and Josephine ~rC.- operated by its member entities. County 4t Elected and appointed representatives AD from each of the members serve on °"P 4 "°MH4A ~ RVCOG's Board of Directors, which P"M governs the organization at the policy TackxnN~c level. In addition to the Board, RVCOG's 1$ Tdewi moving parts comprise an Executive ` , a Committee, professional staff, and a variety of permanent and temporary advisory committees of stakeholders, members of the public, and technical experts. The majority of RVCOG's funding comes through grants and contracts with federal, state, and local governments, with additional monies coming from donations and membership dues. Unlike its member governments, RVCOG has no legislative, taxing, or enforcement authority. Providing Services Although the COG is officially organized along departmental and programmatic lines, services can also be considered a function of how the organization is designed to interact with member jurisdictions and partners, and/or how the project or program's activities are funded. In this sense, RVCOG has three major modes of operation: 3 1. We have the long-term responsibility for implementing certain state and federal programs. For example, we administer the Long Term Care Medicaid program for the region, and we are the home of the Rogue Valley Metropolitan Planning Organization (RVMPO) for the Greater Bear Creek Valley and the Middle Rogue MPO (MRMPO) for the Greater Grants Pass area. 2. We collaborate with our members to obtain funding and cooperation from state, federal, and non- governmental entities to perform specific tasks. Our involvement can originate as a request from local members or from state or federal agencies. A good example would be our management of the Regional Problem Solving (RPS) process, a collaborative project that established future growth patterns for multiple jurisdictions in the Rogue Valley. 3. We directly contract with our member jurisdictions for specific services. Grant administration is a good example of this, as is our ability to provide a staff member to serve as a contract land use planner for several of our jurisdictions. RVCOG Programs RVCOG is organized into nine main areas of operation: ➢ Transportation Planning ➢ Senior Meals Program Land Use Planning ➢ Aging & Disability Resource Connection ➢ Community Development ➢ Developmental Disabilities Crisis Diversion y Natural Resources y Special Member Services ➢ Home & Community Based Care Although the specifics of RVCOG's programs have evolved over the years as a response to new needs of members and changing funding sources, it has always maintained its fundamental role as a regional resource for technical expertise and project management, as well as a collective voice for the region when working with the state or federal government. Performance To gauge our effectiveness in providing our members with professional service and high quality work products, RVCOG instituted an organization-wide performance review during the summer of 2012. The results of the review affirmed strong, broad support for RVCOG's role in-and contributions to-the region. For example, among the 200 respondents to the survey: • 89% saw RVCOG as an important resource in the region; • 90% rated staff's competence and professionalism as high or very high; • 89% considered RVCOG to have been successful in containing costs; • 89% felt that RVCOG is responsive to requests for assistance from members; and • 87% believed that RVCOG is effective in its collaboration. Full results of the performance review are available on the RVCOG website at www.rvcog.org. 4 AT 11'-1111~ `t 4 r i 1 Rogue Valley Council of Governments' Building 155 N. 151 Street Central Point, Oregon 97502 (541) 664-6674 5 Planning The concept and practice of planning has been a major component of RVCOG's services since its inception. While the specific activities have changed over the years, the services offered have always focused on cost effective, practical solutions for member entities and collaborating state and federal agencies. Transportation Planning y' 7 ; t While our staff offers transportation planning ? services outside of the Rogue Valley Metropolitan ,z Planning Organization (RVMPO) and Middle Rogue Metropolitan Planning Organization (MRMPO) boundaries, the majority of its work is focused on i---, MPO planning activities. Federal transportation law requires that transportation planning activities in urbanized areas with a population in excess of _ 50,000 be coordinated through a Metropolitan Planning Organization. MPOs were created to ensure that existing and future expenditures of governmental funds for transportation projects and r, programs are based on a continuing, cooperative, and comprehensive (3-C) planning process. Metropolitan Planning Organization RVCOG was designated as the RVMPO by the Governor in 1982, and underwent a similar designation as the MRMPO in 2013. RVCOG's responsibilities in both MPOs are as follows: Y Develop and maintain a Regional Transportation Plan and Transportation Improvement Program; Y Coordinate transportation decisions among local jurisdictions, state agencies, and area transit operators; Develop an annual Unified Planning Work Program; Perform air quality conformity analyses (CO and particulate matter); ➢ Utilize a regional travel demand model for the purposes of assessing, planning, and coordinating regional travel demand impacts; and, Provide public involvement opportunities in the transportation planning process. Main Policy and Advisory Committees ➢ RVMPO / MRMPO Policy Committees make final MPO planning decisions. The committees comprise elected and non-elected officials from the member entities. The Policy Committee considers public comment and recommendations from two advisory committees, the Technical Advisory Committee and the Public Advisory Council (RVMPO only). RVMPO/MRMPO Technical Advisory Committees, consisting of member jurisdiction, local agency, and state technical staff. ➢ RVMPO Public Advisory Council, made up of appointed citizens from geographic and special- interest areas within the MPO who make recommendations from the public's perspective on proposed long-range transportation plans, project plans, priorities for state and federal funding, and other transportation issues. Staff Contacts Jonathan David Dan Moore Planning Program Manager Planning Coordinator 541-423-1338 541-423-1361 jdavid@rvco~.org dmoore@rvcog.org 6 Land Use Planning i # RVCOG's Planning Department offers land use planning services to member jurisdictions. These services are available on a short- or long-term contract basis for both - s zar current and long-range planning. Ordinance development and updates, Comprehensive Plan updates, Periodic ' Review, and collaborative planning processes are among the services available. RVCOG's ability to provide contract planner services to y r k' jurisdictions is an excellent example of the benefits of RVCOG membership. For a reasonable per-hour cost, our , member jurisdictions can purchase only the services they need, when they need them, without incurring the costs of a full- or part-time employee and without the potential conflicts of interest that could result when hiring a private sector planner. Staff Contact Dick Converse Principal Land Use Planner 541-423-1373 dconverse@ rvcog.or Community Development i`!•, Part of the Planning Department, Community ,t Development assists with the development and implementation of public involvement processes of all types, strategic planning and goal setting; local Y .0 . f assessments; public outreach; and special projects such s - as emergency planning, ordinance development, opinion ' I surveys, grant writing and management, RFP/RFQ preparation, and labor standards compliance. Cr 1 Over the last several years, RVCOG's grant/loan management services have been the most requested offering under Community Development. RVCOG can provide our members with expertise in even the most complicated and burdensome federal and state grant and loan programs-Community Development Block Grants, Water/Wastewater Financing Program, State Energy Program Grants, Energy Efficiency and Conservation Block Grants, Seismic Rehabilitation Grant Program, Safe Drinking Water Revolving Loan Fund, Special Public Works Fund, Water and Wastewater Revolving Loan Fund Grants, Rural Development Loan Assistance, and the Oregon Parks and Recreation Department's Local Government Grants Program. Depending on the grant program, RVCOG's services are often free of cost to the jurisdiction. RVCOG can also assist in writing grant requests and matching them with funding sources, helped in large part by our excellent reputation with funding agencies for on-time, error-free grant administration. Staff Contacts Pat Foley Dan Moore Community Development Specialist Planning Coordinator 541-423-1372 541-423-1361 pfoley@rvcoR.org dmoore@rvcog.or~ 7 Natural Resources The Natural Resources program is directed at improving the health and vitality of our watersheds, natural systems, and recreational assets by providing RVCOG ` members and other partner organizations with specialized technical assistance and regionalized coordination and implementation. Staff works with numerous partners, including cities and counties; federal, state, and local agencies; conservation organizations; public and private schools; special interest groups; and t ! / members of the public. Y j ~'Hel _ ~ ~ iWs Specialized Services Overview Regulatory Compliance (Clean Water Act, Endangered Species Act) Regional Water Quality Planning and Implementation (TMDLs and NPDES Phase II Stormwater) Water Quality Sampling and Analysis Stormwater Management y Riparian Restoration (invasive species management and planting of native species) ➢ Development of planting plans (including plant recommendations and invasive species management techniques) Educational Programs and Outreach ➢ Resource Mapping and GIS ➢ Vernal Pools Conservation Planning Biological and Hydrological Surveys Feasibility Studies and Environmental Assessments Fish Passage Projects y Monitoring Services, including compliance monitoring (permits) and project effectiveness Main Advisory Committees The considerable variety of activities undertaken by the Natural Resources Department creates an ongoing need for temporary, project-specific advisory committees, but there are three long-standing committees that illustrate the core importance of water quality issues in the Rogue Valley. All of these committees address water quality requirements under the federal Clean Water Act. ➢ Bear Creek TMDL Committee includes representatives from the Designated Management Agencies (DMAs) responsible for developing and implementing water quality management plans to meet established allowable pollutant loadings (TMDLs) for the Bear Creek Watershed. ➢ Rogue Basin TMDL Committee includes representatives from the DMAs responsible for developing and implementing water quality management plans to meet established allowable pollutant loadings (TMDLs) for the Rogue River. Stormwater Advisory Team includes representatives from the DMAs responsible for developing and implementing Phase II National Pollutant Discharge Elimination System (NPDES) regulations for the Bear Creek Watershed. Staff Contact Greg Stabach Natural Resources Program Coordinator 541-423-1370 gstabach@rvcog.org 8 Senior & Disability Services RVCOG has been the designated Older Americans Act (OAA) Area Agency on Aging (AAA) for Jackson and Josephine Counties since 1974. RVCOG Senior and Disability Services is one of 17 AAAs in Oregon that administer what is widely considered one of the nation's best Long Term Services & Supports Systems. RVCOG SDS administers and provides a multitude of programs driven by the goal to achieve independence, choice, and dignity for the people we serve. Some of the major programs include: Home and Community Based Care ' Nearly everyone wants to continue living in their home as they age or face a disability, and Oregon offers one of the nation's best combinations of services to make that wish a reality. In southern Oregon, RVCOG oversees three branch offices that assist more than 19,000 clients with Medicaid Long Term Care, the Oregon Health Plan, and SNAP (food stamps). Our Medicaid and Oregon Project Independence service coordinators provide one-on-one consultation to help seniors to and adults with disabilities achieve their goals to stay at home or in less institutional settings. As a result, nearly 90% of seniors and people with disabilities residing in Jackson and Josephine County receiving assistance for their long term care needs are living in their homes, an Adult Foster Home, residential care, or assisted living facility. With 50% of Long Term Care clients receiving services that allow them to live in their homes, RVCOG is truly a national leader in helping people achieve a high degree of independence and dignity. Senior Meals Program RVCOG's Meals on Wheels and Senior Meals Program has ' been serving Jackson and Josephine Counties since 2001. The program provides balanced nutrition and frequent social a contact, key to maintaining good health and vitality for those who wish to continue living as independently as possible. The program, appropriately called Food & Friends, provides approximately 240,000 meals a year in the two-county area. Each month, nearly 400 dedicated volunteers deliver 16,000 (rYCri.14 meals to individuals living independently at home whose health prevents them from preparing their own meals. In many cases volunteers are the only people our seniors see on any given day, and often the meal that is delivered is a client's main or even sole source of nutrition. In addition to home delivery, approximately 4,000 meals a month are served at 12 congregate meal sites located throughout the two-county area. Each component of the program-home delivered or congregate-can support seniors with short or long-term needs for meals. Since Federal and State funding only contributes 2/3 of what Food & Friends needs to provide its meals and its critical safety net, fund raising activities are an essential part of staff's responsibilities. The program relies on foundations, cities, counties, service organizations, businesses, churches, and clients to help close the financial gap, and to maintain the program's unbroken history of never having to resort to waiting lists. 9 Aging & Disability Resource Connection (ADRC) Whether you are an adult child of an aging parent, a close friend of a neighbor with disabilities, or a senior or person with disabilities, locating accurate and unbiased information about services to help someone maintain their independence and i health has not always been an easy task. Now with the Rogue r Valley ADRC, it's as easy as one phone number (855-ORE-ADRC) and one website (www.ADRCofOregon.or ) to access information and receive free consultation to help an individual or their family figure out an action plan that ensures they are A choosing the best path for themselves and/or a loved one. The ADRC phone lines are open during business hours five days a week with trained staff ready to help the consumer. Depending on the level of assistance needed, ADRC Options Counselors will go out into the home to discuss with clients and their families the choices they can consider. The ADRC is also training businesses in the community that interface with seniors and people with disabilities on a daily basis so that they recognize the signs of an at-risk situation and convey that to the ADRC. Developmental Disabilities Crisis Diversion Services RVCOG contracts with the Oregon Department of Human Services to provide crisis intervention services to Jackson and Josephine County Developmental Disability programs, as well as four other county programs in Southern Oregon. These County DD programs make referrals to RVCOG staff so they may assist x with the coordination of crisis services on sensitive cases involving intellectually and developmentally disabled clients of ~f all ages. RVCOG staff also helps prevent crises from arising in the future by offering training and behavioral consultation services to County programs, contracted providers, and families. Main SDS Advisory Committees Senior Services Advisory Council (SAC) provides citizen involvement, guidance, and support by assisting with the development of marketing materials for SDS programs, evaluation tools from which to measure the impact of SDS programs, and advocacy for senior and disability programs. Disability Services Advisory Council (DSAC) provides a consumer voice in reviews and evaluations of the services provided by RVCOG SDS and in advocating for appropriate services. ➢ Nutrition Advisory Committee provides citizen input on all aspects of the Food & Friends Program, including evaluation of outcomes and surveys of volunteers and meal recipients. Staff Contacts Dave Toler SDS Director 541-423-1364 dtoler@rvcog.or Evelyn Kinsella Treven Whitney Nutrition Program Manager DD Crisis Diversion Services Manager 541-734-9505 x3 ekinsella@rvcog.org 541-955-8076 twhitnev@rvcog-ddrv.org Carol Terry Lauren Champagne Community Living Program Manager Health Promotions Coordinator 541-471-2863 Carol.A.Terrv@state.or.us 541-423-1388 [champagne@rvcog.or~ 10 Special Member Services RVCOG's Administration Department offers a range of services to its members, such as computer network design, accounting services, human resources, technical writing, procurement assistance, customer satisfaction surveys, executive recruitment, and special projects and studies. RVCOG also provides staff support and assistance to a variety of regional meetings to promote the dialog among local units of government and state agencies. Information Technology RVCOG's technology specialist is available to member jurisdictions for network maintenance; website design, hosting and maintenance; consulting on hardware and software purchases; and evaluating information systems. For more information, contact Brian Benton at 541-423-1385 or bbenton rvcog.org. Finance Financial management (short or long term), financial systems analysis, and accounting services may be available to RVCOG members on a contract basis. To find out more, contact Cindy Shindell at 541-423-1376 or cshindell@rvcog.org. Special Projects, Studies, and Surveys RVCOG strives to be flexible and responsive to its members' needs. RVCOG has helped develop requests for proposals, apply for grants, conduct surveys, and administer special projects, providing assistance and expertise where the work level could not justify devoting a member's own staff to the task. If a member needs experienced staff on a short term or irregular basis, RVCOG seeks to find a way to meet that need. To inquire about RVCOG's array of special member services, please contact Ann Marie Alfrey at 541-423-1334 or amalfrev@rvcog.org. Rogue Valley Public Service Academy RVCOG provides administrative staff support and an organizational umbrella to the Rogue Valley Public Service Academy (RVPSA). The RVPSA is a cooperative effort between Jackson and Josephine Counties to provide local, high quality, affordable training to public servants and other community leaders in our region. A Board of Directors with representatives from Jackson and Josephine Counties, Medford, Grants Pass, Ashland, Rogue Valley Central Point, and RVCOG provides oversight of the Academy, while y RVCOG's administrative staff coordinates the Academy's training activities. PUBLIC SERVICE ACADEMY To find out more or to register for one of the RVPSA's local workshops, please contact the Academy's liaison, Rene Sjothun, at 541-423-1393 or rsiothun@rvcoE.or~. 11 Financial Overview The COG's finances continue to be quite different than they were during the majority of the 1990s, when the organization's total fund equity was eroded in both the special revenue (project) and general (administration) funds. With the establishment of improved policies and processes in the late 1990s, the COG has managed to improve all aspects of its financial situation. In terms of our total fund equity, we managed in the first decade of the new millennium to reach a level of total fund equity that we consider appropriate for our budget. In subsequent years we have managed to stabilize that level, leading to five straight years of total fund equities in excess of $800,000. While there are numerous reasons for this success, the most important among them has been our ability to carefully control and closely monitor costs. Changes in RVCOG Total Fund Equity, 7/98 to 7/14 $900,000 $800,000 $700,000 - $600,000 - - $500,000 $400,000 $300,000 yr $200,000 1 $100,000 / - - - 65 lc~ In terms of its budgets, over the last decade the COG was in a period of relative stability, with funding consistently remaining between $6 and $7 million. Now, with an improving economy, and some local, State, and Federal funding increases (especially in Oregon's Department of Human Services), RVCOG's budget has entered the next tier of funding. The current year's budget is $7.95 million. RVCOG Budgets FY 97/98 to 14/15 $9,000,000 $8,000,000 $7,000,000 $6,000,000 _ f - - j - $5,000,000 $4,000,000 $3,000,000 --T - 0 ~~o 61 N 3~0N ~~o~ ~~oo o~o ~ ~ ° ti ti ti 0 0 0 0 0 o~ N Nti o a C 6 6 0 12 As for the core considerations of the cost of RVCOG's services, we continue to hold expenditures as low as we possibly can for our Although member dues are jurisdictions and funders. For example, the 40% reduction of dues in FY one of RVCOG's smallest 07/08, and only a single 3% increase since then, has resulted in a savings sources of revenue (between to our members of well over a half million dollars. As an example of how 1.2% and 2% of the historically low dues are at present, the member jurisdiction with the organization's budget), their highest dues in FY 81/82, Jackson County, was paying $30,619. Now, 34 importance cannot be years later, Jackson County's dues are a third lower, at just $20,505. overstated. They provide the Considering that the cost of almost everything else in life has gone in the only source of predictable opposite direction, this is a good example of RVCOG's commitment to discretionary funding available minimize its financial impact on member jurisdictions. to us to cover basic operating costs that cannot be paid In addition, the COG has been aggressive in keeping its personnel costs, through overhead or by direct and therefore the billable rates of its employees, as low as possible in charges to projects. order to remain a regionally viable resource. By awarding only a single COLA in seven years, continually opting for less expensive medical coverage, and restructuring other benefits, we have managed to minimize cost increases to our members and funders. Finally, the COG has begun a process of determining the feasibility of absorbing the approximately 140 state employees implementing the Medicaid program in southern Oregon (at present we are only administratively responsible for the program). This change would bring significant additional funds to the organization and would likely spread administrative costs across a wider revenue stream, which would reduce our indirect rate and further strengthen our current financial situation. We will be working throughout the late winter and spring of 2015 to thoroughly analyze the potential of absorbing this program, with a final recommendation being provided to the RVCOG Board sometime in the summer. The chart below illustrates the various main categories of RVCOG funding: Revenue Sources 2013 - 2014 Departmental Admin, 0.8% Indirect Charges, 4.7% Member Dues, 1.7% Donations and Fund Raising, 4.0% Beginning Fund... Balance, 1.4% / Non-Governmental Grants / Contracts, 10.3% Federal and State Local Government Grants /Contracts, Grants / Contracts, 64.7% 4.9% Other Revenues, 0.3% Program Income, 7.2% 13 14 Major Programs and Projects Indexed by Jurisdiction F M~ hy' ~ - d o JACKSON _ oxEECON COUNTY Oregon ~ ~ NTS i r sy CENTRAL v POINT W W i .N G X19 . OREGON rrl 460 AVI tJNCTIC~ 01 ei 15 i c 14 76 L Q1 Q a p txO O - 7 ca ~ U a V7 Q) U :3 a -0 4- t 0 Q a- 0 '0 O O > a Lr) O +T+ 00 Lr u -Ln ~ C E 4- ? M E C N M O U O _r_ N O t/? (6 'O U C v) O C a ao Cl. 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COMMISSION MEMBERS PRESENT Mr. Skibby, Mr. Shostrom, Mr. Swink, Mr. Whitford, Mr. Giordano, Ms. Kencairn, Mr. Ladygo, Mr. Emery COMMISSION MEMBERS ABSENT Ms. Renwick (E) COUNCIL LIAISON Carol Voisin STAFF PRESENT Staff Liaison: Amy Gunter, Clerk: Regan Trapp APPROVAL OF MINUTES: Mr. Giordano approved minutes from March 4, 2015. Ms. Kencairn seconded. Mr. Whitford abstained. No one opposed. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Ms. Voisin gave the council liaison report. She explained that the City Council will host an event to honor volunteers on August 30th. More info will be provided at a later date. Council appointed Tighe O'Meara as the new acting police chief in lieu of Chief Holderness' retirement. Ms. Voisin stated that the City Council awarded a $75,000 grant to the Public Arts Commission for an art project that is near the Varsity Theater. She added that the Beautification Commission projects have been delayed until September of 2015. Ms Voisin went on to say that Capital improvement projects were passed totaling 35 million dollars. She reported that the welcome center government agreement will be negotiated for paid staff with some added stipulations that the council agreed on. Lithia artisans market will hang penants on 2 light poles on Winburn Way. The chamber has been exempted from paying the $1800 special event fee for the Children's Halloween parade. The City council approved the 2nd reading of the short term rental ordinance. The decision states that there will be no short term rentals in R- 1 zones and they extended short term rentals in R-2 and R-3 with no restrictions. Mr. Skibby read aloud the procedures for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: 2015-00374 SUBJECT PROPERTY: 160 Lithia Way OWNER/APPLICANT: Doug & Dionne Irvine DESCRIPTION: A request for a modification of a previous Site Review and Conditional Use Permit approval (PA #2012-00740) which allowed construction of a new 13,800 square foot, three- story mixed-use building on the vacant property located at 160 Lithia Way. The modification proposed is limited to enclosing six of the site's seven parking spaces, which are located off of Will Dodge Way at the rear of the site and which are intended to provide required parking for hotel guests. Roll-up coil doors will be installed to provide added security for guest vehicles. These doors are proposed to remain open during typical business hours, but would close at night and allow for restricted guest access with the entry of a key code. A required ADA-accessible parking space would remain open at all times. COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial; ZONING: C-1-D; ASSESSOR'S MAP: 391E 09 BA; TAX LOT: 10800 Ms. Gunter gave the staff report for PA-2015-00374. Mr. Skibby opened the public hearing. No one was wishing to speak. Mr. Skibby closed the public hearing and opened for commission comments. Mr. Shostrom motioned to approve PA-2015-00374. Ms. Kencairn seconded. No one opposed. PLANNING ACTION: PA-2015-00541 SUBJECT PROPERTY: 345 Lithia Way APPLICANT: Kistler, Small, White Architects for Double R Products OWNER: Hays Oil DESCRIPTION: A request for a modification of a previously approved Site Review approval (PA- 2014-01226) to convert the Lithia Way Texaco located at 345 Lithia Way into a retail and restaurant establishment. The proposal is to add an outdoor seating area adjacent to the building on the south fagade adjacent to Lithia Way and a modification to the proposed exterior finishes. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1 E 09BD; TAX LOTS: 1801 Ms. Gunter gave the staff report for PA-2015-00541. Mr. Skibby opened the public hearing. No one was wishing to speak. Mr. Skibby closed the public hearing and opened for commission comments. The Historic Commission found that the proposal did not comply with the Historic District design standards for commercial development (AMC 18.4.2.060.C)They found that the wood elements being added were out of scale proportion wise and that the wood and the patterned tile were incompatible with the original architectural character of the building. It was suggested that the tile be monochromatic or a single color and that stucco with control joints or rivulets would create a simple fagade, more appropriate for the downtown historic district. Mr. Shostrom motioned to deny PA-2015-00541. Mr. Whitford seconded. No one opposed. PLANNING ACTION: PA-2015-00493 SUBJECT PROPERTY: 37 North Main Street APPLICANT: Robert Saladoff, Architect OWNER: Evye & Victor Szanto DESCRIPTION: A request for Site Design Review to permit a tenant improvement of the property located at 37 North Main Street to include an interior remodel to create two tenant spaces, associated accessibility improvements, and changes to the fagade including alteration to the entry and the addition of new awnings. COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1E 09BB; TAX LOTS: 8600 Ms. Gunter gave the staff report for PA-2015-00493 Mr. Skibby opened the public hearing. Robert Saladoff, architect, residing at 3519 NE 15th Ave, Portland, OR. Mr. Saladoff spoke about the tenant improvement at 37 North Main Street. Mr. Skibby opened for questions from the commission to the applicant. Mr. Skibby opened up to the public for comments. Ann Wilton, renter of 37 N. Main, and owner of Renaissance Rose, read a letter from Grantland, Blodgett, Shaw & Abel, LLP into record. Ms. Gunter took the letter in for review by the planner and the legal department. Mr. Skibby opened up to commission comments. Ms. Kencairn motioned to approve as designed, Mr. Shostrom seconded. No one opposed. OLD BUSINESS: There was no old business to discuss. NEW ITEMS: A. Review Board schedule. B. Project Assignments for planning actions. C. Historic Preservation Week: Winner selection and description blurb assignments 522&528 Rock - Mr. Shostrom, Mr. Emery 14 Calle Guanajuato- Mr. Whitford 175 Lithia Way - Mr. Shostrom 5 B Steet -Mr. Giordano 56 Church - Mr. Swink Civic Award - Ms. Kencairn Individual Award- Mr. Ladygo The mayor will conduct the awards presentation along with Mr. Shostrom and the consultant for the CLG(Matt Davis). Mr. Skibby will give a short opening statement. Mr. Skibby will take pictures of all the properties and awards recipients. The presentation to the City Council will be moved to May 5, 2015. Mr. Swink will give the presentation to Council. DISCUSSION ITEMS: A. Downtown Beautification discussion Ms. Kencairn suggested tabling this until May when she has more time to discuss this. B. Wildfire Lands update-Wildfire Hazard Zone Evaluation Brandon Goldman senior planner for City of Ashland and Margueritte Hickman Fire Marshall for City of Ashland gave the presentation. They discussed the wildfire lands overlay and existing standards for development in the wildfire land areas. They discussed this in depth and answered questions from the commission. They will develop a webpage for all of information and data collected. They are interested in any feedback from the Commission and want to hear from everyone. Ms. Hickman requested that if anyone else has questions or comments to please email the fire department. COMMISSION ITEMS NOT ON AGENDA: The commission raised concerns about work being done without permits at 60 Alida and 685 E. Main. Ms Gunter stated that she would look into this with Mr. Flynn, code enforcement officer for the City Of Ashland. Review Board Schedule April 9th Terry, Bill, Andrew April 16th Allison, Terry, Tom April 23rd Terry, Sam, Andrew April 30th Allison, Terry, Kerry May 7th Terry, Sam, Keith Project Assignments for Planning Actions - Review Update rP_A-2014-01956 Lithia & First _ All PA-2014-01880 280 Liberty Skibby PA-2014-00725 469 Allison Swink PA-2014-00710/711 143/135 Nutt Swink and Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St Whitford BD-2013-00813 374 Har aline Swink PA-2013-01388_ 14 Calle Guanajato(Sandlers)Restaurant Renwick PA-2013-01421 270 N. First St. Renwick PA-2013-01828 310 Oak St. Thompson _ Shostrom PA-2014-02206 485 A Street Renwick PA-2015-00178 156 Van Ness Ave Kencairn PA -2015-00374 160 Lithia Way Not Assigned PA-2015-00541 345 Lithia Wad Giordano PA-2015-00493 37 N. Main Skibby ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for May 6, 2015, 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:06pm. Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES April 14, 2015 CALL TO ORDER Chair Richard Kaplan called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Richard Kaplan April Lucas, Administrative Supervisor Melanie Mindlin Lynn Thompson Absent Members: Council Liaison: Debbie Miller Greg Lemhouse, absent Tracy Peddicord ANNOUNCEMENTS Community Development Director Bill Molnar stated the City Council passed second reading of the accessory travelers accommodation ordinance and reminded the group that the Annual Retreat is Saturday, May 9. He also introduced the city's new assistant planner Zechariah Heck. AD HOC COMMITTEE UPDATES Commissioner Kaplan announced the Normal working group meets tomorrow and the next meeting of the Downtown Parking and Circulation group is Wednesday, June 3. CONSENT AGENDA A. Approval of Minutes 1. February 24, 2015 Study Session. 2. March 10, 2015 Regular Meeting. 3. March 31, 2015 Study Session. Commissioners Thompson/Dawkins m/s to approve the Consent Agenda. Voice Vote: All AYES. Motion passed unanimously. PUBLIC FORUM No one came forward to speak. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2014-02106 SUBJECT PROPERTY: 2352 Morada Ln. APPLICANT/OWNER: Ron & Lisa Albano DESCRIPTION: The Planning Commission will review staff's approval of a request for Site Review and Conditional Use Permit approvals to construct a new approximately 1,000 square foot accessory residential unit behind the existing home at 2352 Morada Lane. The item is being considered by the Planning Commission to correct an error in the mailing of the notice of decision. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391E 14CD; TAX LOT: 4700. Ashland Planning Commission April 14, 2015 Page 1 of 4 Commissioner Kaplan read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Brown, Kaplan and Dawkins declared site visits, and Commissioner Dawkins stated he attended the Tree Commission meeting where this application was discussed. No ex parte contact was reported. Staff Report Associate Planner Derek Severson explained the application is a request for a conditional use permit to construct an accessory residential unit (ARU) at 2352 Morada. He stated the accessory unit would be located in the backyard behind the main residence and the footprint of the structure is 1,000 sq.ft. with a loft space approximately 250 sq.ft. in size. Mr. Severson noted the proposed footprint size is the maximum gross habitable floor area for an ARU allowed by ordinance. He reviewed the proposed design, floor plan, and elevations and clarified the Tree Commission has reviewed this application and their recommendations have been incorporated into the conditions. Mr. Severson stated this application is before the commission due to a noticing error that occurred during staffs review and approval. He explained the neighboring property owner's address of record was in Chicago, IL at the time this action was originally noticed and they missed the deadline for the initial comment period and asked that the notice of decision be mailed to their address on Morada St. instead. This was noted in the file but was missed during the preparation of the mailing list for the notice of decision and subsequently the neighbors missed the appeal deadline as well. He stated the code provides a remedy for this and the Planning Commission will now hear the request and their decision will supersede the planning staff's approval. He added the neighbors concerns are primarily focused on the height and placement of the ARU at the rear corner of the property. Mr. Severson explained the height of the proposed structure is 12.5 ft. at the west elevation and slopes up to 19 ft. at the south elevation. In further review of the application, staff believes the loft area was not adequately addressed in the original review and Mr. Severson listed the following potential issues for the commission to discuss: 1) the headroom of the loft area is unclear; if it is built with more than 7 ft. of headroom it would constitute habitable floor area and would push the proposed structure beyond the maximum allowed 1,000 sq.ft., and 2) lofts are not explicitly addressed in the code and would be need to be considered in light of the definition of a story. Commission Questions Commissioner Dawkins expressed concern with the loft area and questioned why this would not count towards the usable area. Mr. Severson stated the code indicates that an ARU can be up to 1,000 sq.ft. in size and that anything less than 7 ft. in headroom is not considered habitable floor area. He added the commission does have some discretion because the code is not clear on how to treat loft spaces, however they will need to be clear on their decision so that a finding can be made. Applicant's Presentation Matthew Clason1220 Dead Indian Memorial Rd/Displayed several photos of the proposed structure and its placement on the lot. Mr. Clason stated the highest point of the roof is 18.4 ft. and the low point is 11.4 ft., with 10 ft. and 7 ft. setbacks to the rear and side property lines. He explained they have lowered the overall height of the structure by burying the slab to minimize the impact on the neighbor's views and noted they have also removed the windows on the south facing wall to increase privacy. Mr. Clason stressed that at no time during the pre-application meeting or subsequent conservations with staff were they informed of the story definition and stated this proposal exhibits careful site planning and supports the City's infill policy. He displayed a drawing of the ceiling heights of the loft area, which slopes from 3 ft. to 7 ft., and explained the structure has been placed in order to maintain the existing lawn, deck and established trees. He added if they were to rotate the structure or use a different roof shape, it would greatly impact the neighbor's view compared to the current design. Public Testimony Charles & Ruth Terbush11332 Apple/Stated they do not object to the accessory residential unit but are concerned with the height. Ms. Terbush stated the 250 sq.ft. loft seems to be a way to get around the size limitation and forces the added height to the structure. She added the flat roof line will loom over her backyard and impact their ability to enjoy their yard space, and questioned whether the structure is out of character for the neighborhood. Ms. Terbush added this application sets a Ashland Planning Commission April 14, 2015 Page 2 of 4 concerning precedence for the neighborhood and clarified their concerns for this proposal occurred once they found out it was not going to be a single story as they were originally told. Applicant's Rebuttal Matthew Clason/Clarified there is no attic or crawl space in the proposed structure and it was designed to be thermal efficient with all spaces being insulated and conditioned. He noted attics are highly inefficient and this upper floor is intended to be used as storage space in the lower 3 ft. height area. Questions of the Applicant Commissioner Brown questioned how the structure fits with the character of the neighborhood with the amount of blank wall and roof. Mr. Clason stated the windows that were originally proposed have been removed to address the neighbors concerns with privacy. Commissioner Thompson asked if the application is in compliance with the setback requirements of 1.5 stories. Mr. Clason stated because of the 3 ft. wall height it is not considered an additional story and there is no additional setback. Commissioner Mindlin asked if the structure could be moved farther from the property line and Mr. Clason responded that increasing the rear setback would infringe on the garden space and noted the space between the two structures is only 13 ft. Commissioner Kaplan dosed the record and the public hearing at 8:00 p, m. Deliberations & Decision Commissioner Dawkins expressed concern with the additional loft space and feels that it goes against the 1.000 sq.ft. limitation. He also suggested a condition to require vegetation on the blank south facing wall to lessen the impact. Commissioner Kaplan commented on the character of the neighborhood and stated there are varying sizes and design styles and it is an extremely varied neighborhood. Staff was asked to comment on the revised drawing presented by the applicant during their presentation. Mr. Severson stated it appears the loft area meets the definition for a half-story; however under the code that was in place at the time of the application there is ambiguity in how half-stories are treated. He added the newly adopted code removed this ambiguity and clearly states that half-stories must be setback back an additional 5 ft. The commission questioned how to apply the definition of story, which reads "lthe wa#face ofthe uppermost floor at the rear or side yard setback line is more than three feet from the floor level below, the upper floor shall be considered a story for the purposes ofsetbacks. "Comment was made that one side of the upper floor is 3 ft., but the rear is 7 ft. and questioned if both walls have to be over 3 ft. to constitute a story, or if just one wall over 3 ft. constitutes a story. Mr. Severson remarked that the commission will need to make a decision in how the upper floor is treated and whether they recommend a 10 ft., 15 ft., or 20 ft. setback. Comment was made that applying a 20 ft. setback would likely prohibit the ARU from being built. Commissioners MindlinlThompson m/s to approve Planning Action #2014-02106 with a condition that the building be considered a story and a half and be moved 15 ft. from the rear property line. DISCUSSION: Mindlin commented that it is clearly a story and a half and because the whole project pushes the maximum on the size of the ARU the applicant can either restrict its size or increase the setback. Regarding mass and scale, she stated this is a contemporary neighborhood and does not think the architecture is out of place and stated she is willing to accept that the blank wall was done to benefit the neighbors. Brown stated the law is clear that if the upper floor is more than 3 ft. at either the side yard or rear yard than it is considered a story and a half. He asked staff how they would have applied the old code if someone came into their office with an upper floor greater than 3 ft. in height. Mr. Severson and Mr. Molnar stated staff would have said it constitutes a story but appears to meet the definition of a half story and would have applied a 15 ft. setback to the portion that is a half story. Roll Call Vote: Commissioners Brown, Dawkins, Mindlin, Thompson, and Kaplan, YES. Motion passed unanimously. Commissioner Dawkins recommended the definition of livable space be reevaluated and stated the 7 ft. rule may be excessive. Ashland Planning Commission April 14, 2015 Page 3 of 4 ADJOURNMENT Meeting adjourned at 8:30 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission April 14, 2015 Page 4 of 4 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES April 28, 2015 CALL TO ORDER Chair Richard Kaplan called the meeting to order at 4:10 p.m. in the Siskiyou Room, 51 Winburn Way. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Richard Kaplan Derek Severson, Associate Planner Melanie Mindlin April Lucas, Administrative Supervisor Tracy Peddicord Lynn Thompson (Arrivedat4.15pm) Absent Members: Council Liaison: Troy J. Brown, Jr. Greg Lemhouse, absent Debbie Miller ANNOUNCEMENTS Community Development Director Bill Molnar announced the Planning Commission's annual retreat is scheduled for next Saturday, May 9. He also announced Commission Appreciation Day is August 30 at 3 pm at the Oak Knoll Golf Course. AD-HOC COMMITTEE UPDATES Commissioner Dawkins stated the public hearing for the Normal Neighborhood Plan has been postponed and the working group is scheduled to meet on May 7 to review the Mayor's proposal for the area. Commissioner Kaplan announced that he is going to continue to serve on the Normal working group, but the commission will need to find a replacement for the Downtown Parking and Circulation committee. ADOPTION OF FINDINGS A. Approval of Findings for PA-2014-02106, 2352 Morada Lane. Ex Parte Contact No ex parte contact was reported. Commission Discussion & Decision Commissioner Thompson questioned the accuracy of the findings. She stated the loft space appears to meet the definition for a story and cited the code language that reads '7f the wa#face of the uppermost floor at the rear or side yard setback line is more than three feet above the floor level below, the upper floor shall be considered a story for the purposes of setbacks. "The commissioners discussed whether the upper floor was a story or a half story and there was general agreement that the story definition may apply, however it was also noted that this was not discussed at the hearing and the commission voted to approve this as a half story, not a full story with a 20 ft. setback. The approving motion from the last meeting was read for the group: "Commissioners Mindlin/Thompson m/s to approve Planning Action 92074-02106 with the condition that the building be considered a story and a half and be moved 75 feet from rear property line. " Ashland Planning Commission April 28, 2015 Page 1 of 2 Commissioners Dawkins/Mindlin m/s to approve the Findings for PA-2014-02106. DISCUSSION: Commissioner Thompson asked that the minutes reflect her concern that this not set precedent. Roll Call Vote: Commissioners Dawkins, Mindlin, Thompson and Kaplan, YES. Motion passed 4-0. [CommissionerPeddicord abstained] ADJOURNMENT Meeting adjourned at 4:35 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission April 28, 2015 Page 2 of 2 CITY OF ASHLAND Council Communication May 19, 2015, Business Meeting Approval of a Public Contract for Banking Services FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY The current contract for banking services expires on June 30, 2015. This is a request to approve a 5- year contract with Wells Fargo for banking services for the City of Ashland beginning July 1, 2015. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method for a Personal Services contract of $75,000 or greater is a Competitive Sealed Proposal (Request for Proposal). A Request for Proposals (RFP) was issued on March 23, 2015, for City of Ashland banking services. Proper legal noticing, voluntary pre-proposal conference and addendums providing additional information were provided. The RFP was mailed to 10 potential proposers (Banking Institutions/Credit Unions) and the City received two (2) proposals in response to the RFP. Proposals were received from US Bank and Wells Fargo. Following the evaluation process provided for in the RFP, the evaluation committee scored each proposal in accordance with the evaluation criteria established within the RFP. The proposal submitted by Wells Fargo is the highest ranked proposal. Therefore, staff (the evaluation committee) is recommending the public contract be awarded to the highest ranking proposer, Wells Fargo. Please see the attached evaluation summary for a breakdown of the evaluation criteria and how each proposal was scored. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The cost of banking services will increase slightly due to added services, but remain close to the current amount budgeted for this item. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the 5-year contract with Wells Fargo for banking services. SUGGESTED MOTION: I move approval of a 5-year contract for banking services with Wells Fargo. ATTACHMENTS: Evaluation Summary Scope of Work Page I of 1 Imo, City ofAshdand Request for Proposal BANKING SERVICES Proposal Evaluation Summary May 11, 2015 PROPOSAL SCORING CRITERIA Points US Bank Wells Bank Possible Evaluator 01 #2 #3 01 02 #3 1 Title Page, Table of Contents, 5 3 4 3 5 5 5 Letter of Transmittal 2 Proposal Submission Form 5 5 0 0 5 5 5 3 Financial Strength 15 15 14 14 5 15 15 Qualifications, Experience & 4 20 20 15 17 20 18 19 Facilities 5 Proposed Services 20 20 17 17 20 20 19 6 Process & Methodology 20 20 15 17 20 20 19 7 Implementation/Conversion Plan 10 10 5 7 10 10 10 8 New Technologies and Additional 10 10 8 7 10 10 10 Services 9 References 5 5 3 5 5 5 5 10 Statements and Online Reports 10 10 8 10 10 10 10 11 Contractual Terms and Conditions 10 10 8 10 10 10 10 SUBTOTAL 130 128 97 107 120 128 127 12 Cost Estimate 20 10 15 15 20 20 20 TOTAL 150 138 112 122 140 148 147 RFP Banking and Merchant Services EVALUATION SUMMARY, 5/12/2015, Page 1 oft SCOPE OF WORK General banking services to include, but not limited to, the following: Required Banking Services Accept deposits, including ACH, fed wire transfers and bank card transactions. Online reporting: • Balance (previous day) and float analysis reporting • Image end of month CD) of cleared checks • Outstanding check reporting • Origination of (ACH), Electronic Funds Transfer (EFT) & Fed wire transactions • Daily & monthly account reconciliation reports, bank statements, account analysis statements, confirmation & other related features • Stop payments and voids • Monthly account statements and analysis (including CD) • Ability to review online all detailed daily activity (current day, previous days, current and previous statements) - including all incoming and outgoing electronic activity including all descriptions attached to incoming ACH and fed wires. • Night deposit services • One primary General account for all deposits, accounts payable checks, ACH debits/credits, Electronic Funds Transfer (EFT) payments and incoming and outgoing wires, with positive pay. • Investment Sweep account in compliance with state statute for local government investments. • Payroll ZBA accounts for ACH/EFT (Direct Deposit) • Ability to confirm Payroll Direct Deposits via online • Accounts Payable ZBA accounts with positive pay • Check imaging • Future services may include: remote capture deposit, debit blocks, additional merchant accounts or any other banking products that may benefit the City or the Commission. Banking Average Monthly Volumes The City of Ashland currently maintains five (5) separate bank accounts directly related to the Concentration Account. In addition, separate bank accounts are used to track Flex Accounts. The City of Ashland writes an average of 1,400 checks per month on these accounts. Additionally we process an estimated 900 Automated Clearing House (ACH) debits and 700 ACH credit with potential for increases. Attached hereto as Exhibit B, is a report showing banking average monthly volumes for the City of Ashland. Please note: The Scope of Work in this RFP excludes City of Ashland procurement (credit) cards and third-party safekeeping of purchased investments. Term of Agreement The City intends to award a contract for a period of five (5) years. Mandatory Requirements The successful banking institution must: 1. Be a qualified public depository as prescribed by Oregon Revised Statutes 295.005 (4) and 295.025. Institutions must meet or exceed the requirements outlined therein. 2. Be a full service institution capable of providing at a minimum the required banking services identified in this Request for Proposal. 3. Be insured by the Federal Deposit Insurance Corporation (FDIC). 4. Be a federally or State of Oregon chartered financial institution. 5. Be a member of the Federal Reserve System and have access to all of its services. 6. Be a qualified depository for public funds under ORS 295. 7. Be capable of providing all of the services sought by City in this R1'P. 8. Agree to assign experienced and dedicated staff that is committed and capable of serving our accounts. 9. Designate one bank officer (and appropriate backup) for issue resolution purposes. 10. Must have a branch office in the City of Ashland. CITY OF ASHLAND Council Communication May 19, 2015, Business Meeting Approval of Recommendation from the Public Art Commission for Painting Electric Utility Boxes near the recycling area at North Mountain Park FROM: Ann Seltzer, Management Analyst, seltzera(a~ashland.or.us SUMMARY The Public Art Commission recommends Council approve the designs submitted by artist Ann DiSalvo to be painted on three boxes located near the recycling area in North Mountain Park. Implementation of public art requires Council approval. If approved, the artist will begin painting in the next few weeks. BACKGROUND AND POLICY IMPLICATIONS: The Public Art Commission (PAC) oversees the painting of electric utility boxes in Ashland. Requests to paint the boxes come to the PAC from a variety of sources including businesses, private property owners and the Parks and Recreation Department. The cost is $500 per utility box. The funds are used to prep and prime each box, pay the artist, reimburse the artist for paint and after the art is created seal the box with a clear protective coating. Staff from North Mountain Park submitted a request to have three boxes near the recycling area painted. After meeting with NMP staff and discussing the project, Ann DiSalvo was commissioned by the PAC to paint the boxes. The suggestion to paint utility boxes was raised by citizens during the Public Art Master Plan public involvement period in 2007. In 2009 with a grant from the Jackson County Cultural Trust seven boxes were painted. Since that time eight additional boxes have been painted. This project meets the objectives in the Public Art Master Plan by elevating citizen and visitor awareness of public art in Ashland and incorporating artistic elements into basic functional pieces. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: The $1,000 cost is split between the Parks and Recreation Department ($750) and the Public Art Commission ($250). Funds are budgeted and available. Page I of 2 rr, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed designs. SUGGESTED MOTIONS: I move approval of the Public Art Commission's recommendation of the proposed designs for the utility boxes in North Mountain Park, as submitted by Ann DiSalvo. ATTACHMENTS: Images of the artist's proposed designs. Page 2 of 2 ~r, r° P'4 rd,~ a ~ Z In- wr5~ ti ` f' X'. ~ UJ s. 11 ~ j Q 1 ~ >7 LL. M r r ,v}Y:Yi' t W " s u~ rw.k 7 J w ^A (D « ca is LJ.I { Q cn w a u CIQ cr_ r £ T ~ In Q co _ W 0 Z ca z O a~ c) X W ...N d. W C) U? t z t O m Q C/) O LL. M U o O l N W D Cn W Z ~4- J x O LL. O Q _ z a- N 4 - Q Y x X94 \;~f, f U- m W ('1 W ++i 00 Q} w Cn N !G 4 ~w s~ j z m ~ ~ o ~ z 1- o a C~ W D - CO t P ,ll } r z 4 ~ r~ v Z z ~ ~ .5 U O LL W co U O LU 1^~ 0 4 C!) i V W O _ a! O M ry x E-- 3 z U Q X W M O Q M 44- ~ ~ u. LL m X cu O n ; ~ M Cn r Z Cl) 1- LU y~f i ;,t. ',k 1.1.1 ~ . ® ~ u~ ~ ` r~ ~ ~ t3 i F` ~ ~ ~ ~ ~ ~ ~A ~ ~ ~ ~ ~ ~ ' ~rj C7 ~ ~ av y cn ~ ~,x s ~ ~ V r ~ ~ .,1 ~ ~ . . ! .f _ _ j~ A~¢ ` ~ ~ ~ ~ , , ~ ~ CG ~p'~ ~ ~ ' ~ ~ s 2 ~ ~ ~ - ~ ~a ~ ~ ~ o ~ ~ ~ ~4 ~ o z V,~, L.1. Q ` ~ ~ k ~ ~ C7 ~ ~ ,~T ~ ~ ~w~ J ~ ~ ~ ~ yl ' , 2 A W J J 0 ` j n 9 LL- z } Q U) - C) C.J L1J 1 f 04 W ` fly V U3 Z ~ ''rte M V m} O = Co X i L k J m U) pi W O_ O rti Q _ M m N F LL- M C/1 cu r Af~4k - CITY OF -ASHLAND Council Communication May 19, 2015, Business Meeting Approval of Intergovernmental Agreement between Jackson County and the City of Ashland for Sobering Unit Services FROM: Tighe O'Meara, Interim Chief of Police, tighe.omearaAashland.or.us SUMMARY Jackson County operates a sobering unit in the City of Medford for intoxicated persons. The Police Department has contracted annually since 2003 with Jackson County to use the sobering unit to lodge intoxicated persons. The amount paid annually by the City of Ashland for this sobering unit service in recent years has been $5,300 and is proposed to be the same for the upcoming period of July 1, 2015 through June 30, 2016. BACKGROUND AND POLICY IMPLICATIONS: This cooperative arrangement for the sharing of the facility and provision of services has worked smoothly over the years and has benefited both the County and the City of Ashland at a modest cost. COUNCIL GOALS SUPPORTED: 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: The cost of this agreement is included in the Police Department's budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City Council approve funding the Intergovernmental Agreement between Jackson County and the City of Ashland for Sobering Unit services. SUGGESTED MOTION: I move to approve the Intergovernmental Agreement between Jackson County and the City of Ashland for Sobering Unit Services. ATTACHMENTS: Intergovernmental Agreement between the City of Ashland and Jackson County for sobering unit participation Page 1 of I Ir, INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND THIS IS AN AGREEMENT entered into by the City of Ashland (Ashland) and Jackson County (County). This agreement shall be effective July 1, 2015 and expire June 30, 2016. A. STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled INTERGOVERNMENTAL COOPERATION, the County is authorized to enter into a written agreement with any other unit of local government for the performance of any or all functions or activities that a party to the agreement has authority to perform. By acceptance of this agreement Ashland certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. B. BACKGROUND County funds a sobering unit at 338 N. Front Street, Medford, Oregon. Ashland has requested to use said sobering unit services. County is willing to offer use of the services on the terms set forth herein. COOPERATION AND SERVICES TO BE PERFORMED 1. County will continue to either operate or subcontract for the operations of the sobering unit at the site indicated twenty four hours a day, seven days a week for the period July 1, 2015 through June 30, 2016. 2. Ashland shall pay County $5,300 total for the period July 1, 2015 - June 30, 2016 to use County's sobering unit services. Payment is a lump sum amount; it is not a per capita rate. Payment in full shall be due no later than September 30, 2015. Upon Ashland's request, County shall submit an invoice to tender payment in the amount requested. 3. Ashland, through its' police department, shall transport individuals in its custody to the sobering unit site. County will hold such individuals and release them according to standard protocol. 4. Ashland shall comply with all applicable confidentiality laws, including but not limited to ORS 179.505, Health Insurance Portability and Accounting Act and 42 USC 290dd-2 5. INDEMNIFICATION Ashland shall indemnify, hold harmless and defend County, and pay for, any claims relating to the negligent acts or omissions of its employees, agents, or officers related to taking into custody and transporting individuals to the County sobering unit. 6. APPROPRIATIONS FOR FUNDING Notwithstanding any other provision of the Agreement to the contrary, in the event insufficient funds are appropriated for performing this Agreement, and the County has no other lawfully available funds, County may terminate this Agreement at the end of its current fiscal year, with no INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 1 further liability or penalty to Ashland. County shall deliver written notice to Ashland of such termination pursuant to the terms set forth in section 7. 7. TERMINATION 7.1. Mutual Consent. This Agreement may be terminated at any time by mutual consent of both parties. 7.2. For Cause. County may terminate or modify this Agreement in whole or in part, effective upon delivery of written notice to Ashland or at such later date as may be established by County if County funding from federal, state, or other sources is not obtained or continued at current levels of services. 7.3. For Default of Breach. Either County or Ashland may terminate this contract in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 8. CONSTRUCTION MODIFICATION This Agreement may not be amended, changed or modified in any way, except by written agreement signed by all parties. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior oral or written express and/or implied statements, negotiations or agreements between parties, except as otherwise noted herein. This Agreement shall become effective only upon the signature of all parties. Each party, by signature below of its' authorized representative, hereby acknowledges that it has read this agreement, understands it and agrees to be bound by it. Each person signing this agreement represents and warrants she or he has the authority to execute it. CITY OF ASHLAND JACKSON COUNTY BY: BY: Title: Title: Date: Date: i INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 2 CITY OF ASHLAND Council Communication May 19, 2015, Business Meeting 2015 Annual Appointments - Tree Commission FROM: Barbara Christensen, City Recorder, christebQa ashland.or.us SUMMARY Approval of the Mayor's recommendations for the Annual Appointments to the Tree Commission. BACKGROUND AND POLICY IMPLICATIONS: The ending term for the Tree Commission 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. 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. Tree Commission - 7 members - (one position open) Maureen Battistella - new appointment FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: Motion to approve annual appointments to the Tree Commission as recommended by Mayor John Stromberg. ATTACHMENTS: Application received Paee I of I rpla 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 Main Street, or email christeb(uashland.or.us. 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 IMAR 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 community? 15 years, since 2000 Please use the space below to summarize any additional qualifications you have for this position I am working on several agricultural heritage projects for the Southern Oregon Historical 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 MPVJ-eew F12VO av~, g2ttLStet2 Date Signature IWALI&, CITY OF ASHLAND Council Communication May 19, 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 seltzeroashland.or.us Dave Lohman, city attorney lohmand@ashland.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 City of Ashland first entered into a lease agreement with Jackson County in 1970 for the County operation of the City-owned library. This lease was replaced by an intergovernmental agreement for the same purpose in 2002. With last year's voter-approval of a countywide library district, the IGA must be amended to reflect the district's operational responsibility. This amendment to the December 2002 IGA includes three changes: 1) The described property of the Ashland Branch Library, 2) Allows the County to lease the Ashland Branch Library to the Jackson County Library District for no more than one dollar ($1.00) per year, in addition to the County's cost of maintaining, insuring, and repairing the Ashland Branch Library 3) The term of the IGA expires no later than July 30, 2020 or on the date any existing building on the premises is used by the County or its sublessee for any purpose other than to operate a free public library. The history of library agreements with Jackson County is included in the recitals of the amendment. The City anticipates entering into an IGA with Jackson County Library District in 2020. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A Page 1 of 2 Wes, CITY OF ASHLAND 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 December 3, 2002, concerning lease and operations of the Ashland branch library with Jackson County. ATTACHMENTS: 1. Amendment No. 2 2. IGA dated December 2002 Page 2 of 2 ~r, AMENDMENT NO.2 TO INTERGOVERNMENTAL AGREEMENT DATED DECEMBER 3, 2002 CONCERNING LEASE AND OPERATION OF ASHLAND BRANCH LIBRARY This is Amendment No. 2 Error! Reference source not found.to an Intergovernmental Agreement dated December 3, 2002 ("Revised Lease IGA") by and between JACKSON COUNTY, OREGON ("County") and CITY OF ASHLAND, OREGON ("City)". RECITALS A. In accordance with and pursuant to the provisions of ORS Chapter 190, Entitled "INTERGOVERNMENTAL COOPERATION", the County and the City are authorized to enter into a written agreement with any other unit of local government for the performance of any or all functions or activities that a party to the agreement has authority to perform. B. The County entered into a May 22, 1970 lease with the City ("1970 Lease") for a term of fifty (50) years at $1.00 per year in order to allow the County to operate the Ashland Branch Library in a City-owned building. The 1970 Lease was amended in October 1977 to correct the legal description of the leasehold. C. The City passed a bond measure in the amount of $5.96 million in November, 1999 for capital construction and improvements to the Ashland Branch Library ("Ashland Library Project"). D. The County and the City entered into a February 1, 2000 Intergovernmental Agreement ("2000 IGA for Library Improvements Funding") pursuant to which it was agreed that upon voter passage of a May 2000 County bond measure for countywide library improvements (1) the County would transfer to the City a sum of money from the County bond proceeds sufficient to construct the Ashland Library Project, eliminating the need for Ashland to issue its own bonds; (2) the 1970 Lease would be terminated upon substantial completion of the Ashland Library Project and subsequently replaced by a new intergovernmental agreement; (3) the terms and conditions of the 2000 IGA for Library Improvements Funding would control until consummation of a new intergovernmental agreement. E. The County passed a bond measure in the May 2000 primary election for capital construction and improvements of the County library system, including the Ashland Branch Library; F. The Ashland Library Project was completed in 2002; Page 1 of 3 G. The County and the City entered into a December 3, 2002 Intergovernmental Agreement ("2002 Revised Lease IGA"), which replaced the lapsed 1970 Lease and the temporary terms and conditions in the 2000 IGA for Library Improvements Funding. In January 2003, Amendment No. 1 to the 2002 Revised Lease IGA changed its commencement date from December 3, 2002 to February 18, 2003. H. The County and the City entered into a November 1, 2007 Intergovernmental Agreement for Library Services, which (1) provided for supplemental library services at the Ashland Library branch; (2) set an expiration date of June 30, 2009, with an option for a 12 month extension; and (3) erroneously purported to extend the provisions of the 2000 IGA for Library Improvements Funding, which had lapsed pursuant to its terms upon completion of the Ashland Library Project. Subsequent Amendments Nos. 2 and 3 to the 2007 Intergovernmental Agreement for Library Services changed the expiration date to September 30, 2014 and provided for additional hours of full library services and outreach activities. 1. In May of 2014, the voters of Jackson County approved the formation of the Jackson County Library District ("District") as a special district under Chapters 198 and 357 to provide permanent, dedicated library funding for library services and self-governance. J. The County desires to sublease the Ashland Branch Library to the District in order to allow the District to provide public library services in the Ashland Branch Library, and the City desires to allow the County to sublease the Ashland Branch Library to the District for the same purpose. THEREFORE, in consideration of the mutual promises, terms and conditions below, the parties agree as follows: AGREEMENT 1. The December 2002 Revised Lease IGA is hereby amended as follows: (a) After article 2 (Recital), add a new article entitled "2A Lease; Lease Rate" and the following language thereunder: In consideration of the County's promises, the City agrees to lease to the County for one dollar ($1.00) per year the following described property: 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 89°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°06'36"West (record South) along said Easterly right-of-way 148.90 feet; thence leaving said right-of-way South 56°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 88°12'10" East, 37.28 feet) 39.30 feet; thence North S9°43'16"East, 23.98 feet; thence North Page 2 of 3 33°53'24" East, 100.74 feet to the Southerly right-of-way of Siskiyou Boulevard; thence North 56°07'36" West (record North 56°15' West) along said Southerly right-of-way 119.36 feet; thence North 89°52'46" West 33.00 feet to the point of beginning, containing 14,989.86 square feet, more or less (b) On page 2, after the first sentence of subsection 1 in article 3, section A (County's responsibilities), add the following: The 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 at a lease rate of no more than one dollar ($1.00) per year, in addition to the County's costs in maintaining, insuring, and repairing the Ashland Branch Library.. (c) In article 5, on page 5, delete this sentence, "The term of this agreement is 50 years beginning on the date first mentioned on page I" and replace it with the following: The term of this agreement ends on the earlier of July 30, 2020 or on the date the any building existing on the premises as of the effective date of this Amendment No. 2 is used by the County or its sublessee for any purpose other than to operate a free public library. 2. Except as expressly modified by this Amendment No. 2, and all prior Amendments, if any, all terms and conditions of the 2002 Revised Lease IGA 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 OF ASHLAND JACKSON COUNTY By: By: Date Danny Jordan Date Title: County Administrator REVIEWED AS TO FORM: REVIEWED AS TO FORM: City Attorney County Counsel Page 3 of 3 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND THIS IS AN AGREEMENT entered into this 3 day of by Jackson County ("County") and the City of Ashland ("Ashland"). 1. STATUTORY AUTHORITY a. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the County is authorized to enter into a written agreement with any other unit of local government for the performance of any or all functions or activities that a party to the agreement has authority to perform. By acceptance of this agreement Ashland certifies that it meets the above criteria for eligibility for such cooperation with the County. b. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. 2. RECITAL WHEREAS, A. County passed a bond measure in the May 2000 primary election for capital construction and improvements of the entire county library system, including the Ashland Branch Library. The Ashland Branch library is located on the following described property which is collectively and further referred to in this agreement as "the premises": All of lots 1, 2, 3 and 4 of Pracht's Addition to the City of Ashland, Jackson County, Oregon. B. Ashland passed a bond measure in the amount of $5.96 million in November, 1999, for capital construction and improvements to the Ashland Branch of the Jackson County Library system ("Ashland Branch Library"), of which $5.85 million would be allocated to construction costs; and C. County transferred to Ashland a sum of money from the bond proceeds sufficient to construct the planned improvements to the Ashland Branch, thus eliminating the need for Ashland to issue its own bonds as memorialized in the Intergovernmental Agreement Between Jackson County and the City of Ashland, attached hereto as Exhibit A; and D. The construction of new facilities and improvements to existing facilities at the Ashland Branch are now complete. Page 1 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002 3. ( ()OPERA"PION AND SERVICES TO BE PERFORMED A. (._ountys responsibilities: I . County will maintain and operate a free public library for the benefit of, and uniformly ax al table on the same terms to, all members of the public in Jackson County and is to use for these purposes the property and property interests furnished by Ashland. 2. All books, furniture, furnishings and equipment previously transferred to the County pursuant to the agreement dated May 22, 1970, between the County and Ashland regarding the Ash land Public Library, shall remain the property of the County, and the transferred Shakespearean Library shall remain the property of the Oregon Shakespeare Festival Assr,ciation. Ali new facilities and improvements to existing facilities constructed on the premises shall be the property of Ashland. 1 County will decide on level of service and bud-et allocations, in its total discretion. In the event the County, for any reason, should cease to operate a Countywide library systrin_ or a library at this location, then, and in that event: 2.2.1. All right, title, and interest in and to all of the books, furniture, furnishings and equipment previously transferred to the County under the 1970 agreement and which have not been discarded due to obsolescence, shall revert to Ashland. 22.2. This agreement shall be null and void and Ashland shall have the right to immediate possession of the premises. 3. Except as provided in this subsection, upon substantial completion of the project, Ashland shall be under no obligation to make or perform any repairs, maintenance, replacements, alterations, or improvements on the premises. County, at its expense, shall keep the premises in good repair, operating condition, working order, and appearance, including, wilhout limitation: 3.1. Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation. 32. Repair- and maintenance of exterior water, sewage, gas, and electrical services from the point of entry to the premises. 3.3. Repair of the heating and air conditioning system including ordinary maintenance. 3.4. Repair of interior wails, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing. 4. County may make alterations to property to ensure patron safety and convenience, or to Page of 0 InIeigovernrnental Agreement JalkSUn County and City of Ashland November 20, 2002 fact!ttate efficient library operations subject to the following: 4.1 . County shall make no improvements or alterations on the premises of any kind without first obtaining Ashland's written consent, which will not be unreasonably withheld. All alterations shall be made in a good and workmanlike manner, and in compliance with applicable law, and building codes. 4?. All existing improvements and all improvements and alterations performed on the premises shall be the property of Ashland when installed. Insurance. 5.1. Property Insurance. County shall obtain on or before the date of substantial completion , and thereafter maintain in full force and effect during the term of this Agreement, a property insurance policy or policies covering loss or damage to the premises, in the amount of the t till replacement value thereof, as the same may exist from time to time and be established by Ashland, against all perils included within the classification of fire, extended coverage, varuiahsm, malicious mischief, flood (in the event the same is required by a lender having a lien on t1w premises), earthquake (in the event the same is required by a lender having a lien on the premises) and special extended perils ("all risk" as such term is used in the insurance industry). The insurance shall provide for payment of loss thereunder to Ashland or to the holders of mortpges or deeds of trust on the premises. If County shall fail to procure and maintain such insurance coverage as required, Ashland may, but shall not be required to, procure and maintain the but at the expense of County. Liability Insurance. County shall, during the entire term and any extended term hereof keep in full force and effect a policy or policies of public liability and property damage insurance (or in the alternative, provide evidence of a properly funded and administered self- insurance program acceptable to Ashland, acting reasonably, and the holder of any debt secured by the premises) with respect to the premises and activities conducted by County in the prenuses, with a combined single limit for personal or bodily injury and property damage of not less Than $1,000,000, In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified, County shall increase the coverage to the statutory limit for such laints and increase the aggregate coverage to twice the amount of the statutory limit. The polio shall name Ashland and County as insureds, and shall contain a clause that the insurer will !lot cancel or change the insurance without first giving Ashland 30 days' written notice. The insui ancc shall be provided by an insurance company licensed to provide such coverage in the State of Oregon (or in the alternative, through a properly funded and administered self-insurance profit am). and a copy of the policy or a certificate of insurance (or written evidence of such self- insur,trtce program) shall be delivered to Ashland. All such coverage shall be written to provide prim-,-y co~,erage, not secondary or supplemental to coverage which Ashland may carry. All ;uch ;policies shall contain a provision that Ashland, whether or not named as an insured, shall be entiticd to recover under- the policies for any loss occasioned to it, its officials, agents, employees and i c-oresentatives by reason of the negligence of County. All such insurance shall specifically Page ` of 0 Intergovernmental Agreement Jackson County and City or Ashland November 20, 2002 inst,te the performance of County ofthe indemnity agreement as to liability for injury to or death 01, persons or injury or damage to property contained in section 4. ~.3. Subrogation. County waives its rights of subrogation against Ashland for any reason whatsoever, and any insurance policies required to be procured by County shall contain an express %vaiver of any right of subrogation by the insurer against Ashland. b County shall be liable for, and shall pay or cause to be paid before any delinquency throughout the term of this Agreement, all charges for all utility services furnished to the premises, including but not limited to light, heat, electricity, gas, water, telephone and telecommunication service, sewage service, garbage disposal, hazardous waste disposal, and other public or private utilities of every kind furnished to the premises. B. Ashland's Responsibilities: Notwithstanding the above-listed obligations of County in this subsection, Ashland shall be r csponsible (a) to maintain in good, safe and presentable condition that part of the premises con-iprising the grounds and approaches to the library, including, sidewalks, driveways, curbs and parking areas located on the premises; (b) for the repairs and maintenance of any solar panels that may be installed in the future, (c) for the repairs and maintenance of any other improvements mutually identified by the County and Ashland as requiring extraordinary maintenance or repairs and which may be undertaken in the future to meet Ashland's em ironmentally responsible building standards. In the event Ashland elects to install solar panels or undertake repairs or maintenance to meet its environmentally responsible building standards, the parties shall enter into an amendment containing terms and conditions for such installation or undertaking. C.-Limitations of Use: Both parties agree and promise that the Ashland Branch Library and the land it will occupy, including the existing building and land, will be used only for public library purposes for as long as indebtedness remains outstanding on any bonds sold pursuant to the countywide bond election for library capital improvements. Neither party shall allow any use of the premises for any purpose or action which compromises the tax-exempt status of those bonds; this promise shall he enforceable by injunctive, declaratory or other relief. In any event, if either party breaches this specific promise, it shall indemnify the other party and all bondholders from any resulting tax or financial impact. 4. 1_IMITATIONS OF LIABILITY/INDEMNIFICATION A. This agreement is made upon the express condition that, except as set forth below, Ashland shall be free from all liabilities and claims for damages and/or suits for or by reason of anv injury or injuries to any person or persons or property of any kind whatsoever, whether the person or property of County, its agents or employees, or third persons, from any cause or causes whatsoever while in or upon the premises or any part hereof during the term of this agreement or Pagc° of o Grtcrgovcrnmentat Agreement Jackson County and City of Ashland November 20, 2002 OCCAI;ioned by any occupancy or use of the premises or any activity carried on by County in connection therewith, and County hereby covenants and agrees to indemnify and save harmless Ashland from all liabilities, charges, expenses (including counsel fees) and costs on account of or h~ reason of any such injuries, liabilities, claims, suits or losses however occurring or damages growing out of same. County shall be free from all liabilities and claims for damages and/or suits for or by rca~,~n of any injuryor injuries to any person or persons or property of any kind whatsoever, whether the person or property of Ashland, its agents or employees, or third persons, from any cau,c or causes whatsoever while in or upon that portion of the premises comprising the grounds and approaches to the library, and Ashland hereby covenants and agrees to indemnify and save harmless County from all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims, suits or losses however occurring of damages growing out of same. B. Except as set forth below, County agrees to assume all risks of loss, injury or dau,ages of any kind or nature whatsoever to any building or other structure on the premises, whi, h may be now or hereafter placed upon the premises for library purposes, and all risks of loss injury, or damage of any kind or nature whatsoever to the contents of any such building or struk Lures, or to any goods, merchandise, chattels, or any other property now or that may hereafter be upon the premises, whether belonging to the county or others, and whether such loss njury, or damage results from fire or other agency, and whether the same be caused by the nc,'h,;ence of Ashland, or any of its employees or agents, or otherwise, and to save and keep hamless Ashland from all claims and suits growing out of any such loss, injury or damage. C. Despite the terms of sections A and B, above, County does not indemnify Ashland or any -rther person or entity from any risk, loss or liability due to defective design or negligent contnrction of the building. In the event of loss or litigation arising from the design or construction of the building, there is no agreement between the parties as to indemnity or contribution. S. -PERM OF AGREEMENT The term of this agreement is 50 years beginning on the date first mentioned on page one. 6. APPROPRIATION FOR FUNDING Notwithstanding any other provision of the agreement to the contrary, in the event insui'licient funds are appropriated for performing this agreement, and the County has no other laxvfu Ily available funds, County may terminate this agreement at the end of its current fiscal vear_ with no further liability or penalty to Ashland. County shall deliver written notice to Ashland of such termination pursuant to the terns set forth in section 7. 7. 1 EIRMINATION PagE -,of 6 lntergmcmmental Agreement Jackson County and City of Ashland November 20, 2002 7. 1. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. 7.2. For Cause. County may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Ashland or at such later date as may be established by County, under any of the following conditions: 1. If County funding from federal, state, or other sources is not obtained and continued at minimum levels of service; 2. As provided in section 6. 7.3. For Default or Breach. Either County or Ashland may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 8. CONSTRUCTION/MODIFICATION This agreement may not be amended, changed or modified in any way, except by written agreement signed by all parties. This agreement constitutes the entire agreement between the parties and supersedes any and all prior oral or written express and/or implied statements, negotiations or agreements between the parties, except as otherwise noted herein. This agreement shall become effective only upon the signatures of all parties. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this agreement, understands it and agrees to be bound by it. Each person signing this agreement represents and warrants she or he has the authority to execute it. CITY OF ASHLAND BY: JL NCOUNTY BY: 'C-~~ ~ is -(9q- a ~ e__ (Date) Susan E. Slack (Date) Title: (Y1 fl-y r~ Jackson County Administrator REVIEWED AS TO FORM: REVIEWED AS TO FORM: Zo A City Attorney ounty Counsel Page 6 of 6 Intergovernmental Agreement Jackson County and City of Ashland November 20, 2002 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND t~ THIS AGREEMENT is entered into this ~6day of :&-1 , by Jackson County ("County") and the City of Ashland ("Ashland"). WHEREAS, A. County intends to pass a bond measure in the May 2000 primary election for capital construction and improvements of the entire county library system, including the Ashland Branch Library. The Ashland Branch library is located on the following described property which is further referred to in this agreement as "the premises All of lots 1, 2, 3 and 4 of Pracht's Addition to the City of Ashland, Jackson County, Oregon. B. Ashland passed a bond measure in the amount of $5.96 million in November, 1999 for capital construction and improvements to the Ashland Branch of the Jackson County Library system ("Ashland Branch"), of which $5.85 million would be allocated to construction costs; and C. The parties wish to avoid unnecessary expense and duplication and to coordinate the expenditure of public funds on the Ashland Branch such that if the countywide measure passes, it will eliminate the need for sale of the Ashland bonds, THEREFORE, the parties, in consideration of the mutual promises, terms and conditions provided below, agree to the following: 1. If the bond election is held on May 16, 2000, Ashland will delay sale of the bonds authorized in the November 1999 election until the result of the May 2000 election is known. 2. If the countywide bond measure passes on May 16, 2000, Ashland will not sell its previously authorized bonds and County will provide a grant to Ashland in the amount of $5.85 million for purposes authorized in the County's bond measure- Those purposes are capital construction and improvements associated with the expansion and renovation of Ashland's city-owned library building, including furniture and equipment (the "Library Project"). 3. The County will provide the grant funds to Ashland by September 17, 2000, or within 30 days of the County bond sale, whichever date is sooner. The grant funds will be provided upon the terms and conditions specified in this agreement, there being no further requirement that the parties enter into a separate grant agreement. Ashland covenants to use those funds in accordance with the County ballot title. Ashland may invest the funds and keep the earnings, so long as such investment is pursuant tqr County investment policy and County's tax certificate. EXHIBIT JtL, DA, M %A(:RD,L EGA "1St "1..1274W 4. If the countywide library bond measure does not pass, this agreement is void in its entirety. 5. Ashland shall construct and complete the Library Project. Ashland shall consult with the Library Improvement Committee and the County Library Director and County Facility Director as to design elements of the Library Project which may affect County's costs in the operation and maintenance of the library. Ashland will adopt and utilize their recommendations that address operation and maintenance to the extent such recommendations are practicable, within the Library Project budget and do not otherwise increase costs so as to exceed the amount of grant funds. In any event, for purposes of compatibility only, County has final decision on design and purchase of telecommunications, wiring, equipment, and all computer hardware and software issues. 6. If the amount of the grant is exceeded for the construction and completion of the Library Project, Ashland shall be responsible for any such excess costs. 6.1. If the Library Project is constructed and completed for less than the grant amount, any remaining principal amounts shall be paid over to the County immediately upon substantial completion. County will use these funds in its discretion for other purposes authorized by the bond election. 6.2. The County shall be responsible for all bond issuance costs. 7. Ashland will own the real property improvements and fixtures. County will own furniture and equipment constructed or purchased for the Library Project. County will manage those assets and is free to maintain, repair or replace furniture and equipment in its sole discretion. 7.1. Upon substantial completion of the Library Project, the agreement dated May 22, 1970, between the County and Ashland regarding the Ashland Public Library (the "1970 agreement") shall terminate and the parties shall enter into a new intergovernmental agreement regarding their roles and responsibilities. Until such time as the new intergovemmental agreement is consummated, the terms and conditions of this intergovernmental agreement shall control. 7.2. County will maintain and operate a free public library for the benefit of, and uniformly available on the same terms to all members of the public in Jackson County and to use for these purposes the property and property interests furnished by Ashland. All books, furniture, furnishings and equipment previously transferred to the County pursuant to the 1970 agreement shall remain the property of the County, and the transferred Shakespearean Library shall remain the property of the Oregon Shakespeare Festival Association. 7.3. County will decide on level of service and budget allocations, in its total discretion. 7.4.In the event the County, for any reason, should cease to operate a County- wide library system, or a library at this location, then, and in that event: n 7.4.1. All the right, title, and interest in and to all ofMan. furniture, H furnishings and equipment previously transferred to the County under the 1970 agreement and which has not been discarded due to obsolescence, shall revert to Ashland . 7.4.2. This agreement shall be null and void and Ashland shall have the right to immediate possession of the premises. 7.5 Both parties agree and promise that the Ashland Branch library and the land it will occupy, including the existing building and land, will be used only for public library purposes for as long as indebtedness remains outstanding on any bonds sold pursuant to the countywide bond election for library capital improvements. Neither party shall allow any use of the premises for any private purpose, nor take any other action which compromises the tax-exempt status of those bonds; this promise shall be enforceable by injunctive, declaratory or other relief. In any event, if either party breaches this specific promise, it shall indemnify the other party and all bondholders from any resulting tax or financial impact. 7.6. Except as provided in this subsection, upon substantial completion of the project, Ashland shall be under no obligation to make or perform any repairs, maintenance, replacements, alterations, or improvements on the premises. County, at its expense, shall keep the premises in good repair, operating condition, working order, and appearance, including, without limitation: 7.6.1. Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation. 7.6.2. Repair and maintenance of exterior water, sewage, gas, and electrical services from the point of entry to the premises. 7.6.3_ Repair of the heating and air conditioning system including ordinary maintenance. 7.6.4. Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing. Notwithstanding the above-listed obligations of County in this subsection, Ashland shall be responsible (a) for the repairs and maintenance of any installed solar panels, (b) for the repairs and maintenance of any other improvements mutually identified by the County and Ashland as requiring extraordinary maintenance or repairs and which were installed to meet Ashland's environmentally responsible building standards, and (c) to maintain in good, safe and presentable condition that part of the premises comprising the grounds and approaches to the library, including sidewalks, driveways, curbs and parking areas located on the premises. 8. This agreement is made upon the express condition that, except as set forth below, Ashland shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury or injuries to any person or persons or property of any kind whatsoever, whether the person or property of County, its agents or employees, or third persons, from any cause or causes whatsoever while in or upon the premises or any part thereof during the term of this agreement or occasioned by any occupancy or use of the premises or any activity carried on by County in connection therewith, and County hereby covenants and agrees to indemnify and save harmless Ashland from all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims, suits or losses however occurring or damages growing out of same. EXHIBIT - • • • " '"N M,rnrv FGA aoimdl lit draft 127.wpd County shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury or injuries to any person or persons or property of any kind whatsoever, whether the person or property of Ashland, its agents or employees, or third persons, from any cause or causes whatsoever while in or upon that portion of the premises comprising the grounds and approaches to the library, and Ashland hereby covenants and agrees to indemnify and save harmless County from all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims, suits or tosses however occurring or damages growing out of same. 9. Except as set forth below, County agrees to assume all risks of loss, injury or damages of any kind or nature whatsoever to any building or other structure on the premises, which may be now or hereafter placed upon the premises, and all risks of loss, injury, or damage of any kind or nature whatsoever to the contents of any such building or structures, or to any goods, merchandise, chattels, or any other property now or that may hereafter be upon the premises, whether belonging to the County or others, and whether such loss, injury, or damage results from fire or other agency, and whether the same be caused by the negligence of Ashland, or any of its employees or agents, or otherwise, and to save and keep harmless Ashland from all claims and suits growing out of any such loss, injury or damage. 10. Despite the terms of paragraphs 8 and 9, County does not indemnify Ashland or any other person or entity from any risk, loss or liability due to defective design or negligent construction of the building. In the event of loss or litigation arising from the design or construction of the building, there is no agreement between the parties as to indemnity or contribution. I 11. The term of this agreement is 50 years beginning on the date first mentioned on page one. CITY OF ASHLAND, BY Date: L;~ - itle JACKSO BOUNTY BY, Date: ad itle REVIEWED AS TO FORM: ~l:L"t I y City Attorney Cunt nsel EXHIBIT F-ursER1PAUUAGREE 6rary-l1do~fZTWpd CITY OF ASHLAND F&M Fax TO: Beth Lori, Jackson County Counsel FAX: (541) 774-6722 FROM: Sharlene P. Stephens, Legal Assistant RE: IGA Between Jackson County and the City of Ashland DATE: December 23, 2002 Attached is page one of the IGA involving the Ashland Branch Library. We received a signed original of this agreement from the county last week. As you will see in the first sentence, the year should read "2002" not "2003." Paul Nolte asks that you correct your original(s) as he has done on ours. This fax consists of two pages, INCLUDING this cover sheet. If you experience problems with the transmission of this document, including needing to have any pages sent again, please contact the sender at (541) 488-5350. Thank you. The information contained in this fax is confidential and/or privileged. This fax is intended to be reviewed only by the individual named above. If the reader of this cover sheet is not the intended recipient, you are notified that any review, dissemination, or copying of this fax or the information contained is prohibited. If you have received this fax in error, please immediately notify the sender by telephone and return this fax to the sender at the above address. Thank you. No original documents will follow unless requested. ❑ Original documents will follow by mail. LEGAL DEPARTMENT Tel: (541) 488-5350 20 East Main Street Fax: (541) 488-5311 Ashland, OR 97520 TTY: (800) 735-2900 ~r www.ashland.or.us noltepaa)ashland.or.us stephensaashland.or.us CITY OF ASHLAND April 30, 2003 Susan E. Slack Jackson County Administrator 10 South Oakdale, Room 214 Medford, OR 97501 RE: IGA Between Jackson County and City of Ashland - Amendment No. 1 Attached are two originals of Amendment No. 1 to the 2002 Intergovernmental Agreement Between Jackson County and the City of Ashland regarding the Ashland Branch Library. Signatures on this amendment were completed in February 2003, and this should have been mailed to you long before now; my apologies. As you know, all this amendment did was to move the beginning date of the agreement to February 18, 2003. We have retained the third original for our records. ~X1 Sharlene P. Stephens Legal Assistant Attachments (2) GNegahsharlene\,Slack Sue Library IGA Itr W3.wpd LEGAL DEPARTMENT Tel: 541488-5350 20 East Main Street Fax: 541-488-5311 A Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us noltep(aashland.or.us stephens(abashland.or.us PRVED ON RECYCLED PAPER AMENDMENT NO. 1 TO 2002 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND This is Amendment No. 1 of the Intergovernmental Agreement entered into December 3, 2002 by Jackson County ("County") and the City of Ashland ("Ashland"). County and City have agreed to amend the commencement of the Intergovernmental Agreement from December 3, 2002 to February 18, 2003. All other terms and conditions of the 2002 Intergovernmental Agreement remain in full force and effect. CITY OF ASHLAND: JACKSON COUNTY: a-off .vim 30.03 Alan DeBoer Date Susan E. Slack Date Mayor County Administrator APPROVED AS TO FORM: APPROVED AS TO FORM: 0?~- 2- 4-3 Paul Nolte Beth Lori City Attorney Assistant County Counsel k AMENDMENT NO. I TO 2002 INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND Page 1 of 1 January 21, 2003 CITY OF -ASHLAND Council Communication May 19, 2015, Business Meeting Endorsement of Southern Oregon Birth Connections Fall Family Fair for the Purpose of Hanging a Banner FROM: Diana Shiplet, Executive Assistant, shipletd@ashland.or.us SUMMARY The 5`' annual Southern Oregon Birth Connections (SOBC) Fall Family Fair organizers would like to hang a banner across E. Main Street from November 2 - 8, 2015. However, per ODOT and City of Ashland regulations, the only banners allowed to be hung across E. Main Street are those for city events or city endorsed events. Council must decide if they will endorse this event for the purpose of hanging the banner. BACKGROUND AND POLICY IMPLICATIONS: City of Ashland and ODOT regulations require that all banners hung across E. Main Street be for city events or city endorsed events. Any non-city event must request endorsement by a city commission with final approval by the Council or must directly request endorsement from the Council in order to qualify for banner hanging. The SOBC Fall Family Fair is not a city event and therefore is requesting endorsement from the Council. COUNCIL GOALS SUPPORTED: 7. Keep Ashland a family firiendly community. 7.1 Support educational and enrichment programs in the community. 7.2 Provide City promotion and marketing of family-oriented events. FISCAL IMPLICATIONS: Endorsement by the Council does not include waiver of any fees. SOBC Fall Family Fair organizers will be required to pay all fees associated with hanging the banner as well as any fees related to obtaining a special event permit. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move approval of endorsement for the 2015 Southern Oregon Birth Connections Fall Family Fair for the purposes of hanging a banner across East Main Street. ATTACHMENTS: Banner application and Letter from SOBC Page 1 of 1 BANNER APPLICATION rt, Please fill in the information requested below and submit this form to the City Administrator, 20 E. Main Street, Ashland, OR 97520. Upon approval of your application by the City` Administrator, the City of Ashland will obtain approval from ODOT, and then collect the $125 fee. Please write below exactly what will be printed on the banner. All banners will be reviewed for any offensive or inappropriate message content by the City of Ashland and ODOT. Please note: No Advertising of any kind, No phone numbers, and No web or e-mail addresses are permitted on the banner. S()uJ'kf'Cn DCCC~OA TUA 3LLn CIC K A b'V C M 10 CLM svf'~Y\-C~s 4o Ili NAME OF ORGANIZATION/: LJ( a CONTACT PERSON: CW l~ 9 l PHONE: ADDP,ESS OF ORGANIZATION/CONTACT: \I~ -Q, Ash I(A"- I51~~- WEEK REQUESTED FOR BANNER: fk nJcLuA ~ E V 0 V 2-c) I NL-)J 9J2b iS l (FOR MY USE ONLY) THIS APPLICATION IS: ❑ APPROVED FOR A CITY OF ASHLAND SPONSORED OR ENDORSED EVENT. ❑ NOT APPROVED. DATE: CITY ADMINISTRATOR Date Fee Paid to City of Ashland: (FOR ODOT USE ONLY) THE ABOVE APPLICATION IS: ❑ APPROVED ❑ NOT APPROVED. DATE: ODOT Revised 2/22/12 Joutbern Oregon c8irtb Connections April 15, 20"15 Citv of Ashland Ms. Diana Shiplet Executive Secretarv 20 Fast Main Street Ashland, OR 97520 Subject: Request for Endorsement of Southern Oregon Birth Connections to hang OUr banner The 511, annual Southern Oregon Birth Connections (SOBC) Fall Family Fair ivitt be held in Ashland on Sunday, November 811,, 2015. This event benefits the city of Ashland by bringing in families from all over Southern Oregon and Nor[herji California. In an effort to deep4=n our community ties and benefit all the supportive local businesses, we make arrangements with local restaurants arid shops to offer discounts to fair attendants, bringing [lie spending power of families from surrounding areas into downtown Ashland. We put out a beautiful full color resource guide for families, in which many local businesses and practitioners advertise. One will be handed to each family attending the fair, inside of a goodie bag, which contains additional samples and materials directing family consumers to what is available to them in Ashland. One of our organization's goals is to reach further, attracting growing families from all over, by showing the kind of support that is possible during their childbearing years here in Ashland. All businesses and institutions benefit from SOBC attracting families to Ashland. Our mission is empowering wonnen and families through education, support, resources, and options throughout the childbearing years. We are not political. We hold no organizational position on what choices families make. We are passionate that families be given the information to make the choices they feel are best for them. If you would like to know more about us, please visit our website wfvw.southernoregonbirtilconnections.cone or email us at info.sobcCfgmail.com. We are a 501(c)(3) and our EIN is 46-1491635. This year, we are aiming to get the word out about this event in an even bigger way. Iii the effort to do so, we would like to hang our banner across East Main Street. Per the City of Ashland and MOT rules, banners across East Main Street are for City endorsed events only. We are requesting that the City Council endorse, for the purposes of hanging the banner only for our SOBC event. This endorsement request does not have any financial obligation. SOBC will pay the $125 banner hanging fee_ Sincerely with Gratitude, Andrea Laurel Merg, CIS Current TreasUrer Southern Oregon Birth Connections PO Box 602 Ashland, OR 97520 541.631.8568 C V12 CITY OF ASHLAND Council Communication May 19, 2015, Business Meeting Public Hearing and Adoption of Miscellaneous Fees & Charges for FY 2016, Incorporating Ashland Airport Fees and Repealing Resolutions 2014-07 and 2014-09 FROM: Lee Tuneberg, Administrative Services Director, tuneberl@ashland.onus SUMMARY This public hearing is to consider changes to some of the various fees and charges used by the city. Most remain the same but some are recommended to increase by an inflationary factor. Others are to be adjusted to cover cost of service as recommended by staff. There are a few new charges recommended as well as minor corrections. Staff is also requesting to incorporate airport fees and charges into this document and process. BACKGROUND AND POLICY IMPLICATIONS: In the past the City of Ashland adopted many separate resolutions and ordinances that set specific rates and fees for the multitude of services rendered to the public. That was greatly simplified during FY 2010-2011 when the current process of adopting a single fee resolution was approved. A staff goal had been to create an annual process that deals with most, if not all, miscellaneous fees and charges, and a booklet that is comprehensive yet easy to use. This is the fourth annual renewal of that process. The booklet improves each year as we centralize and coordinate miscellaneous fees not previously addressed. Attached are the draft booklet and a resolution to establish or update the included fees effective July 1, 2015, unless another effective date is set by separate Council action. New fees and changes to old ones are identified in a "proposed"' or "corrected" column and are bolded in red. If an entry is not bolded in red or identified as a new or changed fee it is the existing amount or methodology for calculation. Also attached are memos from departments explaining significant changes beyond inflationary adjustments. Please note that: 1. Items not approved may come back to Council separately or in this process next year. 2. Not all fees and charges are changing. 3. City and Park fees are included. 4. Utility rates and system development charges are examples of charges that are not incorporated within this process and resolution. 5. Some of the larger increases relate to "cost of providing the service," as substantiated by the departmental memo, and are intended to have the requester bear the cost. Page] oe2 CITY OF -A5 H LAN D We should expect that there may be some "errors and omissions" so staff is requesting through the resolution that the new fee schedule take priority over any disconnects or conflicts with prior resolutions that were not repealed. When such incidents occur, staff will correct them as soon as possible and incorporate the revisions in updates to this new, annual process. Those departments requesting changes are listed below. To assist you in your review, the following proposed changes are attached: • Community Development • Public Works • Parks & Recreation COUNCIL GOALS SUPPORTED: This process and document supports various goals of Council but is not a single goal in and of itself. FISCAL IMPLICATIONS: These adjustments will fund or help to fund operations, most representing payments for requested services. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve these charges. SUGGESTED MOTION: I move approval of the resolution titled, "A Resolution Adopting a Miscellaneous Fees & Charges Document and Repealing Prior Fee Resolutions 2014-07 and 2014-09." ATTACHMENTS: Departmental Memos: • Community Development • Public Works • Airport • Parks & Recreation Resolution 2014-07 & 2014-09 Miscellaneous Fees & Charges Document - Draft 2014-2015 Page 2 of 2 P 11FA E CITY OF ASHLAND Memo DATE: May 11, 2015 TO: Lee Tuneberg, Director of Administrative Services FROM: Bill Molnar, Director of Community Development RE: Miscellaneous Fees and Charges Update The Community Development Department is requesting the following updates to the Miscellaneous Fees and Charges document: Site Design Review - Accessory Residential Unit The planning application process for an accessory residential unit was changed from a Conditional Use Permit to Site Review with the adoption of the revised land use ordinance in December 2014. The fee is notchanged. Special Inspection Agreement (QAA) Review Fee: Due to the prescriptive requirements of chapter 17 of the Oregon Structural Specialty Code (OSSC), the Building Department has implemented policy BD- PP-0028 (Special Inspection and Testing Agreement) for permit applicants of projects requiring special inspections and/or testing to obtain an approved agency for the submittal of inspection reports for review and records to the Building Department. Chapter 17 of the 2014 Oregon Structural Specialty Code states: An approved agency shall provide all information necessary for the Building Official to determine that the agency meets the applicable requirements. The review fee of $65.00 accounts for the time involved for Building Department Plans Examiners to review Special Inspection Agreements in accordance with the applicable provisions of Chapter 17 of the Oregon Structural Specialty Code. Temporary Certificate of Occupancy and Reapplication Fee(s)' Chapter 1, Section I 11.3 of the Oregon Structural Specialty Code states: The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid. The Building Department currently charges $56.00 for a temporary certificate of occupancy and will charge an additional $56.00 per reapplication for time involved for Building Plans Examiners, Building Inspectors, and Administrative staff to review the applications and to assure that the building is safe for the proposed temporary occupancy as outlined in the application. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fav 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Demolition Permit: Chapter 1 Section 105.1 of the Oregon Structural Specialty Code states: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occupancy of a building or structure which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. A Demolition Permit is required to be obtained prior the demolition of any existing building or structure. The Building Department will charge a permit fee of $65.00 to review the demolition permit application and to perform when appropriate, preliminary and or final inspections on the site to ensure all building and safety requirements are satisfied. Re-inspection Fee: The current fee in place of $50.00 has become inadequate to continue affording the cost involved for city staffing and resources to complete the necessary re-inspection(s) of a building. The fee has been increased from $50.00 to $65.00 to assist with the expenses involved for city staffing and resources to complete a re-inspection. Additionally, the increase re-aligns the tee commiserate with other Building Department related inspection fees. Building Permit Reinstatement Fee: Currently the Building Department charges a reactivation fee of $50.00 per construction discipline to reinstate an existing permit that has expired. However, in some specific instances, customers have obtained minor building permits in which the total valuation of the permit is less than $50.00. Therefore it has become apparent and unjustifiable for the Building Department to charge $50.00 for reactivating a permit that was less than this amount when it was originally obtained. To remedy reinstating permits with these circumstances, the Building Department has elected to charge a reinstatement fee of equal to half of the value of the original permit fee. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF Memo ASHLAND Date: May 5, 2015 From: Betsy Harshman To: Lee Tuneberg Re: Miscellaneous Fees and Charges The 2014 CPI value did not change enough to warrant increases to the corresponding fees. Fees in the following categories will remain the same as last year (except for a few housekeeping items listed below) and include: • Plat & Plan Checks • Inspections, Permits, etc. • GIS Data & Mapping Services • Cemetery Fees Based on the 2015 March ENR value, an increase in the amount of 2.8% should be applied to sanitary sewer and water connection fees as per the attached documents. Please note a few housekeeping items that should be corrected: I . On page 27 of the manual, please delete the subdivision improvement plat check and 5% engineering fee. This fee is a duplicate and is collected in the subdivision plat and/or inspection fee. 2. On page 28, the special events fee was inadvertently raised by the CPI and should not have been since it can only be changed by resolution. Please change it back to $130. 3. The water meter field test on page 30 should only be $51. 4. Niche vases on page 31 should be $152. Please let us know if you have any questions. PUBLIC WORKS DIVISION Tel: 5411488-55887 20 E. Main Street Fax: 5411488-6006 R Ashland OR 97520 TTY: 80035-2900 I FA ME www.ashland.or.us CITY OF ASHLAND Memo DATE: May 13, 2015 TO: Lee Tuneberg, Finance Director FROM: Scott A. Fleury-Engineering Services Manager SUBJECT: Airport Rates Public Works is requesting the Ashland Municipal Airport Rate structure approval be added into the yearly adoption of its miscellaneous fees. Please repeal resolution 2014-09 the previous stand alone Airport Rate Resolution and adopt the proposed 2016 Airport Rates with the new miscellaneous fee resolution. The fee schedule is shown in the attached table 1. Public Works Engineering Tel: 541/488-5347 20 E. Main Street Fax: 5414488-6006 Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.ocus C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW4ND5C\051915 Public Works Airport Memo Atch4.doc RESOLUTION NO.2014-Q~j_ A RESOLUTION ESTABLISHING RATES FOR THE ASHLAND MUNICIPAL AIRPORT, AND REPEALING RESOLUTION 2013-I6 RECITALS: A. The Airport Commission reviewed established airport rates and recommended increasing" current airport rates. B. The City has detennined it is necessary to increase user rates for aircraft hangar rentals, hangar ground leases, freight charges and aircraft tie downs. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Effective July 1, 2014, unless otherwise provided by an agreement or lease, the rates shown on "Exhibit A"' are established for facilities at the Ashland Municipal Airport. SECTION 2. Classification of the fees specified in Section 1 of this resolution are classified as not subject to the limits of Section 11B of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 3. Resolution No. 13-16 is repealed on the effective date of this Resolution. SE TION 4. This resolution was duly PASSED and ADOPTED this day of 2014, and takes effect upon signing by the Mayor. - This 4n reso 6,1; 1111, i!v ai duly PA D and ADOPTED th' day of , d takes effect upon i n' ayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2014. J hn Strordtberg, Mayor Reviewed as to form: David H. L man, City Attorney Resolution No. 2013- Page 1 of 1 ~CO0 Dom :c O,. m « o~ a I O G) G1 ) C _ D Z Z Z r ~ m~~~.o m O p p = n" 0 3' ;u CL rn, o p N o o 0 TZ - - m m m o ~ ~ C) rn G) Q 4 :F (b D Z "Q o X;0 N nn G) O Z o `z m (D fA O 'fl 'C :z 0 .,o CL D m X rn r Iz„ ° -1 m s C3 C p m (7) N A o m O ° < Rt -u 'n D m 4 v y -n y• 3 0 O Q 03 0 ° C G1 73 r. ? Z N . 5 D a L 0 cD C N rt C tU cu O 0 Z ro C. 5. m o N tD rn to Cif tp Q91'~ N rr X ~n ~CD, Q r' ~ W W m C3 c~ o 4EO u' N G C> Z ~ w CD w 0 0 c~ W m o N r 0 0= O rl) N -t CD CO N (DO ZZ- z m (3o o "0 A y~~ CD C3 N 6 ! cn tip 4.0 a Q } Ln D. a N Q- 03 - m O O o v o o 0 A E G7 b, m m v Nam 0 ~m gym' g D NN0> -1 on 0~ o N r 9> 0- 0 CD O a CD N X41 4 O o r' ) s 7 2O N 3N G ~n d z CDo N oa mom"'>o C-1. m 03 CD 0 ` N p ~5 -0 0- S Q o A~- , 76 -0 00 w N N O-10 Q Co o ° cn CD - 1 w cf~ N Y o t`ro 0 CO CD 0 ~ N 3 x. O -A d o cn CD 0 CD 0 "P ts (D -3 G 7 03 (D t:; 0 ~N CAS pN (ID CO CD N 1 (D G r, CD o ff j a O u (D ~G C~ 3 0 CO ,(oD (D Co CD m 4~ CD a Cn N 4 N (~D ~ Uy ~ 3 00 X S. ro cn N comfy 00 O -Q ~ fi N o a N (D ASHLAND PARKS AND RECREATION COMMISSION 340 S. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Michael A. Black Mike Gardiner Rick Landt Director Jim Lewis TEL: 541 A88.5340 Matt Miller FAX: 541 A88.5314 parks info@ashland. or. us Vanston Shaw MEMORANDUM TO Lee Tuneberg, Finance Director FROM Rachel Dials, Recreation Superintendent DATE April 28, 2015 SUBJECT Fees and Charges of the Ashland Parks and Recreation Commission In 2006 the Ashland Parks and Recreation Commission (APRC) set a goal of reviewing fees and charges annually each November. Annual reviews include the Calfe Guanajuato, North Mountain Park Nature Center, Ashland Senior Center, adult and youth recreation programs, indoor and outdoor reserved facilities, the Oak Knoll Golf Course, the Daniel Meyer Pool and the Ashland Rotary Centennial Ice Rink. The review process provides a snapshot of the budget and subsidies for programs and services over the previous fiscal year. It also assists the APRC in budget planning and goal setting. The most recent fee and charges review included a staff presentation to the APRC in November 2014 and a public input period spanning November 2014 through January 2015. At the APRC regular meeting of January 26, 2015, the APRC reviewed and approved new fees, consolidated fees and made fee adjustments. Each of the fee changes was scheduled for implementation on July 1, 2015. 2015 fee adjustments included: Wedding Packages All-day wedding rate: Discontinue all-day rate of $800; not utilized '/2 day wedding rate: Reduce rate from $400 to $200 Wedding Package: Discontinue rate of $1,150; not utilized Group Picnic Rentals Picnic areas: Discontinue the $60 & $65 rates; keep picnic fees consistent at $55 & $75 Madrone Picnic Area: Currently $60; change to $55 Brinkworth Area: Currently $60; change to $55 Lawn Below Upper Duck Pond: Currently $60; change to $75 Securitv Deposits Currently $190 and $300 for events; decrease to $150. (All security deposits are refundable after events are concluded and facilities cleaned up.) General Building Reservations The Grove / Otte-Peterson Room $23 / hr on weekdays $35 / hr on weekends Hunter Park Senior Center $23 / hr on weekdays $35 / hr on weekends Long Term User Fee $23 / hr on weekdays $35 / hr on weekends Oak Knoll Golf Course $23 / hr on weekdays $35 / hr on weekends (plus staffing costs) Long-Term User Fee $20 / hr (at least six days per year) Pioneer Hall / Community Center $23 / hr on weekdays $35 / hr on weekends NEW FEE: Electricity Use Fee Any requests for jump houses in parks or batting cages will be charged $25 for every 1-4 hours of electricity use. NEW FEE: Seasonal Field Use Fee Any fields used by leagues at North Mountain Park and Hunter Park will be charged the new per-season usage fee. $100 per season: 1 day per week $150 per season: 2 days per week $200 per season: 3 - 4 days per week $250 per season: 5 - 7 days per week Daniel Meyer Pool Admission: $2 - increased to $3 for youth and $3.50 for adults Lap Swim: $2.50 - increased to $3 for youth and $3.50 for adults Water Fitness (Aerobics): $3.25 - increased to $4 Senior Only Sessions: $2 - increased to $3 (65 and up) Open Swim/Lap Swim Punchcard: $30 / $40 - increased to $25 / $40 or $30 / $50 (depending on age and whether it's a 10 or 20-punch card) Season Pass $140 - increased to $165 / $195 (depending on age) Home of Famous Lithia Park RESOLUTION NO. 2015- A RESOLUTION ADOPTING A MISCELLANEOUS FEES AND CHARGES DOCUMENT AND REPEALING PRIOR FEE RESOLUTIONS 2014-07 & 2014-09 Recitals: A. The City currently has many resolutions and ordinances that establish fees for different departments and activities. B. The City desires to provide all of its miscellaneous fees and charges in one document so citizens can easily determine the costs of city services. C. The City desires to repeal all prior resolutions that establish fees and charges and adopt all fees and charges with one resolution for convenience of its citizenry. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Miscellaneous Fees and Charges Document, which is attached hereto and incorporated herein by this reference, is hereby approved and establishes the fees and charges for City services. New fees, those not charged before, are not affective until 30 days following date of approval unless otherwise established by Council action. SECTION 2. The following resolutions are specifically repealed: Resolutions 2014-07 & 2014- 09 and all other fees and charges inconsistent with the fees and charges set forth herein are repealed. SECTION 3. This resolution was duly PASSED and ADOPTED this day of 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of May, 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 CITY OF ^ASHLAND PrIml MISCELLANEOUS FEES AND CHARGES DOCUMENT ADOPTED: June 3, 2014 EFFECTIVE: July 1, 2014 Revised: January 4, 2015 2015 PROPOSED CHANGES p.shtL l I ly. v hs REC;R PARKS AND RECREATION MISCELLANEOUS FEES AND CHARGES ADOPTED: June 3, 2014 EFFECTIVE: July 1, 2014 2015 PROPOSED CHANGES Miscellaneous Fees and Charges page 2 miscellaneous fees & charges Table of Contents CITY OF ASHLAND MISCELLANEOUS FEES AND CHARGES ALPHABETICALLY BY DEPARTMENT SECTION 1 - Administrative Services/Finance Administrative Billing Charge... Page 8 Initial Business License Application Fee ..............................................................................................................Page 8 Temporary Business License Application Fee ......................................................................................................Page 8 Renewal Application Fee....... _ Page 8 Rental Property Fees .............................................................................................................................................Page 8 Late Application Fee .............................................................................................................................................Page 8 Late Renewal Fee (paid 30 days after the due date) ..............................................................................................Page 8 Medical Marijuana Dispensary Permit Fees ..........................................................................................................Page 8 Permit Application Fees ........................................................................................................................................Page 8 Permit Renewal Fee ..............................................................................................................................................Page 8 Late Application Fee .............................................................................................................................................Page 8 Late Renewal Fee (paid 30 days after the due date) ..............................................................................................Page 8 Utility Billing Administrative Fees .......................................................................................................................Page 9 Reconnection Charge ............................................................................................................................................Page 9 Service Connection ...............................................................................................................................................Page 9 Parking Structure Fees ..........................................................................................................................................Page 9 Downtown Parking Area Fees ...............................................................................................................................Page 9 SECTION 2 - City Recorder Copy Fees ............................................................................................................................................................Page 10 Audio Tapes ........................................................................................................................................................Page 10 Liquor Licenses ...................................................................................................................................................Page 10 Taxicab Licenses .................................................................................................................................................Page 10 Lien Searches ......................................................................................................................................................Page 10 Elections ..............................................................................................................................................................Page 10 Street/Alley Vacations Page 10 Ambulance ..........................................................................................................................................................Page 10 Annexation ..........................................................................................................................................................Page 10 Research Fee... Page 10 SECTION 3 - Community Development Pre-Application Conference ................................................................................................................................Page 11 Administration Actions .......................................................................................................................................Page 11 Type 1, 11 Reviews ...............................................................................................................................................Page 11 Type III Reviews .................................................................................................................................................Page 12 Legislative Amendments .....................................................................................................................................Page 12 Appeals ................................................................................................................................................................Page 12 Solar Access ........................................................................................................................................................Page 12 Community Development Fee ............................................................................................................................Page 12 Copy Fees ............................................................................................................................................................Page 12 Prepared Documents ...........................................................................................................................................Page 12 Research Fee .......................................................................................................................................................Page 12 Building Permit Fees ...........................................................................................................................................Page 13 Plan Review Fee for Commercial and Residential ..............................................................................................Page 13 Miscellaneous Fees for Commercial ...................................................................................................................Page 13 Inspection Fees for Commercial and Residential ................................................................................................Page 14 Change of Occupancy Fees .................................................................................................................................Page 14 Residential Plumbing Permit Fees ......................................................................................................................Page 14 Commercial Plumbing Permit Fees... Page 15 miscellaneous fees & charges page 3 Table of Contents Residential Mechanical Permit Fees ...................................................................................................................Page 15 Commercial Mechanical Permit Fees .................................................................................................................Page 16 Electrical Permit Fees .........................................................................................................................................Page 16 Residential Restricted Energy Electrical Permit Fees... Page 17 Renewable Energy Systems ................................................................................................................................Page 17 State of Oregon Surcharge Page 18 Building Permit Refund Policy ...........................................................................................................................Page 18 Excavation/Grading Fees ....................................................................................................................................Page 18 SECTION 4 - Electric Temporary Service Drop .....................................................................................................................................Page 19 Meter Charges .....................................................................................................................................................Page 19 Non Radio Frequency Meter Charges .................................................................................................................Page 19 Non Sufficient Funds Check Fee ........................................................................................................................Page 19 Reconnection Charge ..........................................................................................................................................Page 19 Service Calls .......................................................................................................................................................Page 19 Service Connection Page 19 Scheduled Work After Hours ..............................................................................................................................Page 19 Unauthorized Connection ...................................................................................................................................Page 19 Line Extension Charges Page 20 ENR Calculations ................................................................................................................................................Page 20 SECTION 5 - Fire Copy Fees ............................................................................................................................................................Page 21 Report Fees Page 21 Research Fee Page 21 Fire Fees ..............................................................................................................................................................Page 21 Emergency Medical Services ..............................................................................................................................Page 21 Fire and Line Safety ............................................................................................................................................Page 22 Plan Checks .........................................................................................................................................................Page 22 Other Page 22 First Aid/CPR Classes .........................................................................................................................................Page 22 Inspection Fees... Page 22 Weed Abatement .................................................................................................................................................Page 22 SECTION 6 - Information Technology Installation Fees ..................................................................................................................................................Page 23 Disconnect Fees ..................................................................................................................................................Page 23 Truck Roll ...........................................................................................................................................................Page 23 Field Technician Hourly Rate .............................................................................................................................Page 23 Consulting and Technical Support Hourly Rate ..................................................................................................Page 23 Non-City Employee Staff Screening ...................................................................................................................Page 23 Fiber Service Installation ....................................................................................................................................Page 23 Ethernet ...............................................................................................................................................................Page 23 Static IP Address .................................................................................................................................................Page 24 Quality of Service Fee .........................................................................................................................................Page 24 Business Augmented Upload Package ................................................................................................................Page 24 Non-Return of Customer Premise Equipment (CPE) Devices ............................................................................Page 24 CATV Seasonal Reconnects & Disconnects .......................................................................................................Page 24 CATV House Amp Fee .......................................................................................................................................Page 24 Utility Billing Lobby Signage Fee ......................................................................................................................Page 24 Cable Modem Rental Page24 Non Return of Rented Modem at Closing of Account .........................................................................................Page24 Cable Modem Purchase .......................................................................................................................................Page24 page 4 miscellaneous fees & charges Table of Contents SECTION 7 - Municipal Court Appeal Transcript Fee .........................................................................................................................................Page 25 City Attorney Deferred Sentence/Diversion .......................................................................................................Page 25 Civil Compromise Costs .....................................................................................................................................Page 25 Compliance Inspection Fee .................................................................................................................................Page 25 Court Appointed Counsel Fees and Charges ..........................................................:............................................Page 25 Default Judgment ................................................................................................................................................Page 25 Discovery fees ....................................................................................................................................................Page 25 Diversion by Municipal Court .............................................................................................................................Page 25 Extend/Amend City Attorney Deferred Sentence/Diversion ..............................................................................Page 25 Failure to Appear for Bench Trial/Show Cause Hearing ....................................................................................Page 25 Failure to Appear for Jury Trial ..........................................................................................................................Page 25 Forfeiture of Security ..........................................................................................................................................Page 25 Mediation of Violation (Municipal Court Mediation) ........................................................................................Page 25 Non Sufficient Funds Check Fee ........................................................................................................................Page 25 Court Costs .........................................................................................................................................................Page 25 Expunction ..........................................................................................................................................................Page 25 Show Cause Admission of Allegation .................................................................................................................Page 25 Bench Probation Fee ...........................................................................................................................................Page 25 Warrant ................................................................................................................................................................Page 25 Withholding on County Assessment ...................................................................................................................Page 25 Domestic Partnership Registration ......................................................................................................................Page 25 SECTION 8 -Police Police Reports Page 26 Research Fee .......................................................................................................................................................Page 26 Visa Letters .................................................................-......................................................................................Page 26 Finger Print Cards ...............................................................................................................................................Page 26 Photographs (CD) ................................................................................................................................................Page 26 Audio Tapes/ICOP Videos ..................................................................................................................................Page 26 Non Sufficient Funds Check Fee ........................................................................................................................Page 26 Impound/Tow Fee. Page 26 Taxi Operator License .........................................................................................................................................Page 26 SECTION 9 - Public Works - Miscellaneous Fees & Charges Copy Fees, Black, White and Color ....................................................................................................................Page 27 Plat & Plan Checks ..............................................................................................................................................Page 27 Public Works/Engineering Inspections, Permit Etc ............................................................................................Page 28 G I S Data & Mapping Services. Page 29 Sanitary Sewer Connection Fees Page 30 Water Connection Fees .......................................................................................................................................Page 30 Cemetery Fees .....................................................................................................................................................Page 31 Sexton Fees_ ......................................................................................................................................................Page 32 Miscellaneous Fees .............................................................................................................................................Page 32 Vases ...................................................................................................................................................................Page 32 CPI & ENR Calculations .....................................................................................................................................Page 32 Airport Fees .........................................................................................................................................................Page 33 miscellaneous fees & charges page 5 Table of Contents SECTION 10 - Parks and Recreation Miscellaneous Fees and Charges Wedding Packages ..............................................................................................................................................Page 36 Group Picnic Rentals ..........................................................................................................................................Page 36 Deposits ..............................................................................................................................................................Page 36 Special Event Fees ..............................................................................................................................................Page 36 Alcohol Fee Page 36 General Building Reservations ...........................................................................................................................Page 36 Field Usage .........................................................................................................................................................Page 37 Calle Seating .......................................................................................................................................................Page 37 Daniel Meyer Pool ..............................................................................................................................................Page 37 Youth & Adult Recreation Programs Ashland Rotary Centennial Ice Rink .......................................................Page 37 Oak Knoll Golf Course Fees ...............................................................................................................................Page 37 Community Garden Fees ....................................................................................................................................Page 38 Nature Center School Programs ..........................................................................................................................Page 38 Nature Center Community Programs ..................................................................................................................Page 38 Oak Knoll Golf Course Wedding Fees ...............................................................................................................Page 38 Maps ....................................................................................................................................................................Page 38 SECTION 11 - List of Rates and Charges Set by Separate Resolutions System Development Charges (SDCs) List of Resolutions Parks and Recreation Resolution 2000-29 ..........................................................................................................Page 39 Transportation Resolution 1999-42 .....................................................................................................................Page 39 Sewer Resolution 2006-27 ..................................................................................................................................Page 39 Storm Resolution 2002-15 ..................................................................................................................................Page 39 Water Resolution 2006-27 ..................................................................................................................................Page 39 Utilities Rates and Fees List of Resolutions AFN Resolution 2010-28 ....................................................................................................................................Page 39 Electric Resolution 2014-06 ................................................................................................................................Page 39 Sewer Resolution 2014-03 ..................................................................................................................................Page 39 Storm Drain Resolution 2014-05 ........................................................................................................................Page 39 Transportation Resolution 2014-04, Page 39 Water Resolution 2014-02 ..................................................................................................................................Page 39 SECTION 12 - Research Fee Research Fee .......................................................................................................................................................Page 39 SECTION 13 - Building Valuation Data Building Safety Division---Building Valuation Data-February 2015 ...............................................................Page 40 SECTION 14 - Attachments Community Development - Excavation Grading Fees - Exhibit A - Resolution 2006-19 ..................................Page 41 page 6 miscellaneous fees & charges Miscellaneous Fees and Charges Plum Miscellaneous fees & charges page 7 Section 1-Administration Administration Services/Finance Miscellaneous Fees and CI, Administrative Billing Charge (up to 10%) Per Billing Business License Fees Initial Business License Application Fee Licensee shall pay a prorated fee of $10 for each month, $120.00 for first 2 employees* or portion of a month, remaining in the fiscal year from +$5.00 for each additional the date of the application with a minimum fee of $25.00 employee Temporary Business License Application Fee $25.00 Renewal Application Fee $75.00 for first 2 employees* +$10.00 for each additional employee Rental Property Fees Same as above for activity including two or more dwelling units of any kind for any length. Late Application Fee $25.00 Late Renewal Fee (paid 30 days after the due date) 10% with a minimum of $25.00 *Pursuant to AMC 6.04.020.F. Employee. Any individual who performs service for another individual or or- ganization having the right to control the employee as to the services to be performed and as to the manner of performance. For purposes of this ordinance employee also means a licensed real estate sales person or associate real estate broker who engages in professional real estate activities only as an agent of a real es- tate broker or organization. Medical Marijuana Dispensary Permit Fees as per Res 2014-16 Permit Application Fee Initial application - July 1 - June 30 $80.00 Applicant shall pay a prorated fee of $10 for each month, $10.00/month or portion of a month, remaining in the fiscal year, from the date of the application with a minimum fee of $40.00 and an $80.00 maximum. Permit Renewal Fee Due each July 1 $60.00 Late Application Fee After the start of business $25.00 Late Renewal Fee aid 30 days after the due date 10% with a minimum of $25.00 page 8 miscellaneous fees and charges Section 9-Administration Utility Billing Miscellaneous Fees and Charges Administrative Fees: Notification of Pending Collection $10.00 Returned Check Charge $35.00 Reconnection Charge: During Business Hours $25.00 After Hours or Holidays $100.00 Service Connection: Normal working hours $10.00 Other Hours or Holidays $100.00 Parking Fees Parking Structure Fees: 6:00 a.m. - 6:00 p.m. (or segment) $1.00 6:00 p.m. - 2:00 a.m. (per hour) $1.00 6:00 a.m. - 2:00 a.m. (maximum) $3.00 Parking permit (where applicable in City structure or lot) 6:00 a.m. - 6:00 p.m. Monday - Saturday (unless otherwise posted) $20.00 Parking Ticket Surcharge (citywide) $4.00 Downtown Parkinq Area Fees: Short Term (<30 minutes) unloading from "marked" No charge business vehicle with flashers Daily parking permit (Orange)- 1 st day or fraction of day $10.00/day Additional days (limited to 5 days; no charge on Sunday or $2.00/day federal holidays) • Limit of two per business address at a time • Applicable permits/licenses must be current • Each permit is good for one parking space • Not applicable to handicapped or short term spaces equal to or less than 15 minutes, green loading zones, fire or other restricted areas. miscellaneous fees and charges page 9 Section 2-City Recorder City Recorder Miscellaneous Fees & Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Audio Tapes: CD/DVD/Cassette $5.00 each Liquor Licenses: Temporary Liquor License (processing fee) $10.00 Liquor License (new processing fee) $100.00 Liquor License (change of ownership processing fee) $75.00 Annual Renewal Liquor License $35.00 Taxicab Licenses: New Certification application (one-time processing fee) $250.00 Annual Renewal of Certificate $200.00 (per vehicle) Lien Searches: (fees set by Ordinance 2385 in 1986) Routine requests $20.00 Rush/Fax Requests $30.00 Elections: (amount set by Resolution 42009-05) Required deposit for Citizens Initiative $500.00 Street/Alley Vacations: (tiling fee set by Resolution 1994-24) Required deposit of filing fee $500.00 Ambulance: Annual renewal fee $300.00 Annual ambulance fee (each vehicle) $100.00 Annexation: Processing fee for County Department of Assessment $300.00 Research Fee: Refer to Section 12, pg 37 page 10 miscellaneous fees and charges Section 3-Community Development Planning/Community Development Miscellaneous Fees and Charges Pre-Application Conference: $131.00 Administration Actions: Final Plat Review: Partitions* $131.00+$l 0/lot Subdivisions* $335.00+$28/lot New Sign Permit $131.00+$2.50/sq ft Replacement Sign Permit $28.00+$2.50/sq ft Home Occupation Permits $28.00 Zoning permit (fence, accessory structure, etc.) $28.00 Land Use Approval Extension Request $335.00 Lot Line Adjustments $335.00 Any other Administrative Action $335.00 Type I Reviews: Tree Removal Permit (not associated with another action) $28.00 Solar Setback Variance $1,012.00 Amendments to Conditions $1,012.00 Physical & Environmental Constraints Permit $1,012.00 Conditional Use Per - Accessory Residential Unit $658.00 Site Design Review Conditional Use Permit (Type I only) $1,012.00 Variance (Type I only) $1,012.00 Residential Site Review $1,012.00+$67/unit Final Plan Performance Standards $1,012.00+$67/unit Land Partitions $1,012.00+$67/unit Commercial Site Review $1,012.00+.5% of project value** Any other Type I Review $1,012.00 Independent Review of Wireless Communication Facilities***$5000.00 Type II Reviews: Conditional Use Permit (Type II only) $2,032.00 Variance (Type 11 only) $2,032.00 Outline Plan or Preliminary Plat for Subdivisions $2,032.00+$136/lot Final Plan with Outline $2,705.00+$136/lot Commercial Site Review $2,032.00+.5%(.005) of project value** Any other Type 11 Review $2,032.00 Independent Review of Wireless Communication Facilities***$5000.00 *(Does not include Public Works review fee, See pg 27) **Project value includes the estimated valuation of all structures (per State of Oregon Building Code), as well as all related project site improvements, such as grading, paving, landscaping, bioswales, etc. ***The initial deposit required with an application for a new wireless communication facility that is not collocated is $5,000, and shall be used by the City for the costs of expert review of the application. If any time during the planning ap- plication process the account balance is less than $1,000, the Applicant shall upon notification by the City replenish the account so the balance is at least $5,000. The maximum total consultant fees to be charged to the Applicant shall be $10,000, and any unused portion of fee will be refunded. miscellaneous fees and charges page 11 Section 3-Community Development Type III Reviews: Zone/Comprehensive Plan Map Change $2,705.00 Comprehensive Plan Change $2,705.00 Annexation $4,070.00 Urban Growth Boundary Amendment $4,070.00 Any other Type III Review $3,389.00 Legislative Amendments: Comprehensive Plan Map/Large Zoning Map Amendment $4,750.00 Land Use Ordinance Amendment $4,750.00 Comprehensive Plan Amendment $4,750.00 City Sponsored Legislation (City Council Directive) $0.00 Appeals: Appeal for initial Public Hearing $150.00 (Building Appeals Board/Dernolilion Review Board'f'lanning Commission) Appeal for Final Decision of City $325.00 (Planning Commission or City Council) Solar Access: Solar Access Permit (not a Solar Variance) $50.00+$10.00 per lot affected Community Development Fee: This fee is charged concurrently with Building Permit 1.1 % (.011) of Fees at the time of building permit application for all new construction building permits requiring a plan review. per building code definition of valuation Community Development Copy Fees Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Prepared Documents: Site Design & Use Standards $5.00 Street Tree Guide $5.00 Transportation Element $5.00 Downtown Plans (2001, 1998) $5.00 Street Standards Guide $5.00 Comprehensive Plan/Land Use Code $40.00 Research Fee: Refer to Section 12 on page 37 page 12 miscellaneous fees and charges Section 3-Community Development Building Division Permit Fees for Commercial and Residential In accordance with OAR 918-050-0030, the applicant for a building permit shall provide an estimate of con- struction costs at the time of application. Permit valuations shall include value of all work, including mate- rials and labor, for which the permit is issued. This estimate shall also include the cost of electrical, gas, me- chanical, plumbing, and permanent equipment and systems. The City will also prepare an estimate of the building valuation based on the current ICC Valuation table that is published and updated annually. The building permit will be based on the highest of these two estimates. CURRENT PROPOSED Building Permit Fees: Total Value of Work Performed: $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2000.00 plus $6.00 for each additional $1000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Plan Review Fee for Commercial and Residential: Plan Review Fee A plan review fee equal to 65% of the structural permit fee shall be due at application Additional Plan Review Fee $65.00 per hour Special Inspection Agreement (QAA) Review Fee N/A $65.00 per hour Deferred Submittal Fee 65% of structural permit fee of deferred submittal valuation with a $50.00 minimum fee Miscellaneous Fees for Commercial: Commercial Fire Sprinkler/Fire Suppression/ Total value of work performed (structural permit Fire Alarm fee) Commercial Fire Sprinkler/Fire Suppression/ 65% of structural permit fee Fire Alarm Plan Review Note: See appendix for methodology for calculation of valuation for all permit fees utilizing valuation/ value of work miscellaneous fees and charges page 13 Section 3-Community Development CURRENT PROPOSED Inspection Fees for Commercial and Residential: Inspections for which no building permit applies $65.00 per hour; (minimum l hour) per inspector Re-inspection Fee $50.00 $65.00 Inspections outside normal business hours (minimum 1 hr) $130.00 per hour; per inspector Temporary Certificate of Occupancy and Reapplication Fee (s) N/A $56.00 Demolition Permit Fee (per Building) N/A $65.00 Change of Occupancy Fees: Special Inspection: Single Building $65.00 per hour; I hour minimum Multiple Buildings or Tenant Spaces in a building or on a single lot $65.00 per building, per inspector, per hour; 1 hour Minimum Special Inspection Report $65.00 per hour Re-issued Certificate of Occupancy No Charge Residential Plumbing Permit Fees New Residential: Cost Each I bathroom/kitchen (includes: first 100 feet of water/sewer lines; hose bibs; ice maker; under floor low-point drains; and rain-drain packages) $285.00 2 bathrooms/1 kitchen $345.00 3 bathrooms/] kitchen $405.00 Each additional bathroom (over 3) $45.00 Each additional kitchen (over 1) $45.00 Remodel / Alterations: Remodel / Alterations (minimum fee) $40.00 Each fixture, appurtenance, and first 100 ft of piping $15.00 Miscellaneous Residential: Minimum Fee $40.00 Piping or private storm drainage systems exceeding the first 100 ft $22.00 Backflow Assembly $15.00 Residential Fire Sprinkler (include plan review): $2.44 x total square footage of structure = Sprinkler Valuation (use Building Permit Fees Valuation Table on page 13 for fee calculation) _Manufactured Dwelling or Pre-Fab: Connections to building sewer and water supply $50.00 RV and Manufactured Dwelling Parks: Base fee (including the first 10 or fewer spaces) $150.00 Each additional 10 spaces $100.00 page 14 miscellaneous fees and charges Section 3-Community Development Commercial Plumbing Permit Fees Commercial, Industrial, and Dwellings other than one - or two-family: Minimum fee $40.00 Each fixture $15.00 Piping (based on number of feet) $0.75/ft Miscellaneous: Minimum fee $40.00 Specialty fixtures $15.00 Re-inspection (no. of hrs. x fee per hour) $65.00 Special requested inspections (no. of hrs x fee per hour) $65.00 Medical gas piping: Minimum fee $50.00 Valuation $500 to $2,000 $50.00 + $5 per $100 of valuation Valuation $2,001 to $25,000 $125.00 + $18 per $100 of valuation Valuation $25,001 to $50,000 $540.00 + $14 per $100 of valuation Valuation $50,001 to $100,000 $890.00 + $9 per $100 of valuation Valuation greater than $100,000 $1,340.00 + $8 per $ 100 of valuation Residential Mechanical Permit Fees Mechanical Permit Minimum Fee: $50.00 Furnace/Burner including ducts & vents: Up to 100k BTU/hr. $12.00 Over 100k BTU/hr. $15.00 Heaters/Stoves/Vents: Unit Heater $15.00 Wood/pellet/gas stove/flue $15.00 Repair/alter/add to heating appliance or refrigeration $12.00 unit or cooling system/absorption system Evaporated cooler $15.00 Vent fan with one duct/appliance vent $7.50 Hood with exhaust and duct $10.00 Floor furnace including vent $15.00 Gas Piping: One to four outlets $6.00 Additional outlets (each) $0.75 Air-handling Units, including Ducts: Up to 10,000 CFM $10.00 Over 10,000 CFM $15.00 miscellaneous fees and charges page 15 Section 3-Community Development CURRENT PROPOSED _Compressor/Absorption System/Heat Pump: Up to 3 hp/100K BTU $15.00 Up to 15 hp/500K BTU $25.00 Up to 30 hp/1,000 BTU $50.00 Up to 50 hp/1,750 BTU $60.00 Over 50 hp/1,750 BTU $75.00 Incinerator: Commercial Mechanical Permit Fees Domestic incinerator $25.00 Minimum Fee $50.00 Total valuation of mechanical system and installation costs 0.5% of valuation Miscellaneous Fees: Re-inspection $50.00 $65.00 Specially requested inspection (per hour) $65.00 Regulated equipment (un-classed) $50.00 Electrical Permit Fees Residential per unit, service included: Cost Each 1,000 sq. ft. or less $106.00 Each additional 500 sq. ft. or portion thereof $19.00 Limited energy $25.00 Each manufactured home or modular dwelling service or feeder $50.00 Multi-family residential $45.00 Residential and Commercial-Services or Feeders: installation, alteration, relocation: 200 amps or less $63.00 201 to 400 amps $75.00 401 to 600 amps $125.00 601 to 1,000 amps $163.00 Over 1,000 amps or volts $375.00 Reconnect Only $50.00 Temporary Services or Feeders: 200 amps or less $50.00 201 to 400 amps $69.00 401 to 600 $100.00 Over 600 amps or 1,000 volts, see services or feeders section above Branch Circuits: new, alteration, extension per panel: Branch circuits with purchase of a service or feeder $3.00 Branch circuits without purchase of a service or feeder: First branch circuit $43.00 Each additional branch circuit $3.00 page 16 miscellaneous fees and charges Section 3-Commu Miscellaneous Fees: service or feeder not included: Each pump or irrigation circle $50.00 Each sign or outline lighting $50.00 Signal circuit or a limited energy panel, alteration or extension $50.00 Specially requested inspection (per hour) $65.00 Each additional inspection over the allowable $50.00 Residential Restricted Energy Electrical Permit Fees Fee for all systems*: $25.00 Audio and stereo systems Burglar alarm system Doorbell Garage-door opener Heating, ventilation, & air-conditioning systems Landscape lighting & Sprinkler controls Landscape irrigation controls Outdoor landscape lighting Vacuum Systems Each additional inspection $25.00 *For new construction, this permit fee covers all systerns listed or can be sold separately. Renewable Energy Systems: 5 KVA or less $79.00 5.01 KVA to 15 KVA $94.00 15.01 KVA to 25 KVA $156.00 Wind generation systems in excess of 25 KVA: 25.01 KVA to 50 KVA $204.00 50.10 KVA to 100 KVA $469.00 For wind generations systems that exceed 100 KVA the permit fee shall be calculated in accordance with OAR 918-309-0040 Solar generation systems in excess of 25 KVA: $6.25/KVA The perinit charge rill not increase beyond the calculation for 100 KVA. Permits issued under this sub-section include three inspections. Additional inspections will be billed at an hourly rate. Building Permit Reinstatement Fee A building permit expires after a period of 180 days from the date of issue with no inspection activity. To reactivate an expired permit, a fee of $50.00 per construction discipline is required (Building, Plumb- ing, Mechanical, Electrical). -If the sum of the original permit fee subject to reinstatement is less than $50.00, a reinstatement fee equal to half of the value of the original permit fee shall be accessed for permit reinstatement. miscellaneous fees and charges page 17 Section 3-Community Development State of Oregon Surcharge - ORS 455.210(4) State of Oregon permit surcharge is 12% of structural, plumbing, mechanical and of the overall building permit. Building Permit Refund Policy The City Ashland Community Development Department offers partial refunds for building permits that have been issued, have had no inspections performed and have not yet expired (six months from issue date). Refi►nds for permits that have expired are limited to any Systems Development Charges (SDC's) that were part of the permit fees. The following fees are not refundable-.. a Building Plan Check Fee • Fire Protection Review Fee • 50% of Community Development Fee (maximum equal to Building Plan Check Fee) • 50% of Engineering Development Fee (maximurn equal to Building Plan Check Fee) The remainder of the permit fees are refundable. A $50 administrative fee will be subtracted from the eligible refund amount for costs associated with the refund process. Refund amounts can be placed on account for future use and no administrative fees are charged. How to request a refund Submit the following documents to the Community Development Department at 51 Winburn Way: • Approved set of plans (stamped) • Job Inspection card • Letter of refund request signed by applicant/owner with mailing address for refund check The refund will be processed within 30 days of the date of the request letter. Excavation/Grading Fees See attachment 1. Exhibit A, Resolution 2006-19 (page 40) page 18 miscellaneous fees and charges Section 4-Electric Electric Miscellaneous Fees and Charges Temporary Service Drop: Single Phase Underground temp 300 amps or less $247.00 Single Phase Overhead temp 300 amps or less $295.00 Three Phase Actual Cost Meter Charges: Meter Tests for accuracy: Once in twelve months No Charge Two or more times in twelve months $176.00 Meter repairs/replacemetit (Damaged by Customer) Actual Cost Non Radio Frequency Meter Charges: Conversion from Radio Frequency (RF) to Non RF meter No Charge Monthly Fee to manually read Non RF meter No Charge Non Sufficient Funds Check fee: $35.00 Reconnection Charge: Normal working hours $25.00 Other hours or Holidays $100.00 Service Calls: Once in twelve months No Charge Two or more times in twelve months $203.00 Other hours or Holidays $303.00 Service Connection for Applicant: Normal working hours $10.00 Other hours or Holidays $100.00 Deenergize Service $254.00 Scheduled work after hours: Actual Cost Unauthorized Connection: $215.00 miscellaneous fees and charges page 19 Section 4- Electric Line Extension Charges New Single-Family Residential Service: Overhead service in existing developed areas from distribution line to and including meter $580.00 Overhead service upgrade or increased service for 300 amps or less $580.00 Replacement of service from overhead to underground, 300 amps or less. Customer provides all trenching, conduit, backfilling and compaction as directed by the City. $1217.00 Underground residential service of 300 amps or less. Customer provides conduit, trenching, back fill, compaction as directed by the City. $697.00 *Underground Distribution Installation Charges: Per Lot less house service and engineering fees. $1,186.00 *Subdivisions of0 to 20 engineering fee per lot $171.00 * Subdivisions of 21 + engineering fee per lot $259.00 *Three Phase subdivision as required by city per lot $259.00 Any overhead/underground service over 300 amps Actual Cost Commercial. Institutional and Industrial Service Actual Cost **Blower Door Leak Test (gas heat customers only) $75.00 **Duct Leak Test (gas heat customers only) $125.00 * Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate = % Rate of Adjustment (9515.86-9289.65)/9289.65 = 2.44% Source: Engineering News Record Construction Cost Index (ENR) **Electric heat customers = no fee miscellaneous fees and charges page 20 Section 5-Fire Fire Miscellaneous Fees and Charges Copy Fees: Black and White Copy Letter/Legal Single Sided $ .20 each Black and White Copies Letter/Legal Double Sided $ .40 each Black and White Copies Tabloid Single Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copy Letter/Legal Single Sided $ 1.50 each Color Copy Tabloid $ 3.00 each Report Fees: Non patient Pre-hospital Care Reports $12.00 for 10 pages or less $15.00 over 10 pages Fire Incident Reports $12.00 for 10 pages or less $15.00 over 10 pages Photographs $12.00 per case request CD/DVD $19.00 per case request Mailing Cost Actual Cost Research Fee: Refer to Section 12 on page 37 Fire Fees: Cost Recovery Equipment *Per Current Oregon State Fire Marshal Standardized Cost Schedule Personnel *$50.00 per person per hour - 2 Hour minimum per person Hazardous Materials Cleanup Actual Cost Emergency Medical Services: FireMed Annual Household Fee-Annual Renewal $55.00 per year FireMed Plus Annual Household Fee-Annual Renewal $95.00 per year Emergency Medical Service Fee -Aid Call $310.00 per patient - revised 01/04/15 Ambulance Base Rate (per current rate schedule) $1,055.44 per patient - revised 01/04/15 Ambulance Mileage Rate (per current rate schedule) $14.00 per mile Ambulance Base rate for sit-up patients $527.72 per patient - revised 01/04/15 Ambulance Waiting Time $25.00 per 1/2 hour Ambulance Stand By (2 hour minimum) $100.00 per hour On scene Coordinator $50.00 per hour Extra attendant $45.00 each Ambulance Ser vice Area 1112015 rate schedule Base rates will be adjusted (in bold) each calendar year by the most current rate schedule posted by the Center for Aledi- care l.Wedicaid Services (CATS) that sets the "Ambulance Inflation Factor". Other rates and mileage charges will be updated as approved by the County Commissioners. miscellaneous fees and charges page 21 Section 5-Fire Fire and Life Safety: Plan Checks: Any Building Permit - 24% of the Building Division Structural Permit Fee and Plan Check Fee New Subdivision or Land Partition - 24% of the Engineering Subdivision Plat Check Fee Other: Fire Hydrant Flow Tests required for new installations will be assessed at $100 per flow test. Any review required by the Oregon Fire Code, and which does not involve a building permit, will be charged at the rate of $50.00 per hour. A minimum charge of $25.00 will be assessed to these reviews. When the Building Division assesses additional fees for plan reviews and/or field inspections, any fire department staff time associated with that activity will be included in their fees at their specified rate. First Aid/CPR Classes: Basic Life Support (BLS) for Healthcare Providers CPR Class $55.00/person Heart Saver CPR & First Aid Class $55.00/person Heart Saver CPR Class $35.00/person Family and Friends CPR Class $5.00/person Inspection Fees: Initial Inspection (Re-inspection Included) Occupancy Type "B" 0-1,000 sf. $35.00 1,001-3000 sf. $52.00 Occupancy Type "A, E, F, H, I, M, S" 0-3,000 sf. + B 1,001-3,000 $52.00 Occupancy Type "A,B, E, F. H, 1, M, S" 3,001-10 000 sf. $102.00 10,001-20,000 sf. $152.00 Over 20,000 sf. $203.00 Occupancy Type "R, SR" 3 to 10 Units $52.00 11 to 40 Units $102.00 41 to 70 Units $153.00 Over 70 Units $203.00 Non-Compliance after 2°d Inspection Inspection Fee + $54.00 Non-Compliance after 3rd Inspection Inspection Fee + $107.00 Non-Compliance after 4'h Inspection / Subsequent Inspections Inspection Fee + $158.00 Weed Abatement: Staff time Refer to Section 12 on page 37 Mailing Cost Actual Cost Weed Abatement by Contractor Actual Cost page 22 miscellaneous fees and charges Section 6-Information Technology Information Technologv Miscellaneous Fees and Charges* Installation Fees: Basic installation-Pre-wired CATV outlets only $ 20.00 (Additional charges for parts and supplies apply) Add Trap ("filter") $10.00 New customer cable modem activation $10.00 Cable Modem $50.00 Refurbished 90 -day replacement warranty Additional materials $10.00 Over-and-beyond regular installation including multi outlets, outlet plates, additional wiring, replacement of customer damaged outlets. Wi Max standard installation $200.00 Disconnect Fees: Disconnect $50.00 Remove Trap ("Filter") $10.00 Truck Roll: $35.00 Field Technician Hourly Rate: Non-standard work such as advancing troubleshooting, $55.00 non-standard outlets, fishing wire inside walls, etc. Consulting and Technical Support Hourly Rate: For support issues not related to AFN infrastructure, performance, $85.00 and reliability. Minimum charge on hour. Non-City Employee Staff Screening: Charge for each vendor employee submitted for authorization to Access AFN and City Service Center facilities. $150.00 Fiber Service Installation: Overhead served connections Individual Business Case (IBC) & quote Underground served connections IBC & quote Ethernet: Transit @ 100 Mbps IBC & quote Transit @ 1000 Mbps IBC & quote miscellaneous fees and charges page 23 Section 6-Information Technology Static IP Address: $5.001mo each Maximum of 5 Static Internet Protocol (IP) addresses* • Minimum level of service for static IP and Quality of Service (QoS) is "CHOICE" or higher service tier. QoS Fee: $3.50/mo VOIP (phone) enhancement available with AFN Choice or higher service level through AFN certified Modems. Business Augmented Upload Package (additional 5 Mbps): $15.00/mo Available exclusively on AFN Direct Small Office/Home Office (SOHO) or Small Business Must have current City of Ashland Business License 'Additional fee added to base AFN Direct retail rates on specific packages. Maximum SOHO upload speed with augmented upload service at up to 9 Mbps Small Office/Home Office Business Augmented Upload Package @$80/month Maximum Small Business upload speed with augmented upload service at up to 10 Mbps Small Business Augmented Upload Package @ $100.00/month Non-return of customer premise equipment (CPE) devices: $300.00 CPE's must be returned on disconnect date of AFN services. Cable TV (CATV) Seasonal Reconnects & Disconnects: $10.00/visit Disconnects & reconnects Service change Install HBO filter CATV House Amp Fee: $35.00/each Utility Billing Lobby Signage Fee: $100.00/11-10. Cable Modem Rental $5.00/mo. Non Return of Rented Modem at Closing of Account $50.00each Cable Modem Purchase $50.00/each * Resolution 2010-28 (Section 2, page 38) grants Information Technology management ability to set promotional rates. page 24 miscellaneous fees and charges Municipal Court Miscellaneous Fees Court Administration Fees: Cr' Appeal Transcript Fee City Attorney Deferred Sentence/Diversion Civil Compromise Costs $7~.. Compliance Inspection Fee N/A Court Appointed Counsel Fees and Charges Billed range., Default Judgment N/A Discovery Fees Imposed in Accordance with Miscellaneous Fee & police Department Resolutions See Police and City Recot, Diversion by Municipal Court: Classes I-IV, A-D Unclassified and Specific Fine Violations N/A Presumptive . Extend/Amend City Attorney Deferred Sentence/Diversion $45.00 N/A Failure to appear for Bench Trial/Show Cause hearing $90.00 $70.00 Failure to Appear for Jury Trial $150.00 N/A Forfeiture of Security $25.00 $25.00 Mediation of Violation (Municipal Court Mediation) N/A $65.00 Non Sufficient Funds Check $25.00 $25.00 Court Costs $35.00 $45.00 Expunction $240.00 $240.00 Show cause Admission of Allegation $25.00 N/A Bench Probation Fee $100.00 N/A Bank Costs Warrant $25.00 Other Domestic Partnership Registration $25.00 All other fees and charges inconsistent with the fees and charges set forth herein are repealed. Nothing in the Resolution is intended to detract from the inherent power of the Court pursuant to general law to im- pose fees and charges established in state law of city ordinance in addition to the fees and charges speci- fied herein. master miscellaneous fees and charges page 25 Section 8-Police Police Miscellaneous Fees and Charges Police Reports: $12.00 for reports 10 pages or less $15.00 for reports over 10 pages Research Fee: Refer to Section 12 on page 37 Visa Letters: $19.00 Fingerprints Cards: $35.00 first card $10.00 each additional card Photographs (CD): $19.00 Audio Tapes/ ICOP Videos: $19.00 Non Sufficient Funds Check Fee: $35.00 Impound/Tow Fee: $105.00 Cash only Taxi Operator License: $20.00 renewal $42.00 new page 26 miscellaneous fees and charges Section 9-Public Works Public Works Miscellaneous Fees and Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $0.20 each Black and White Copies Letter/Legal Double-Sided $0.40 each Black and White Copies Tabloid Single-Sided $0.40 each Black and White Copies Tabloid Double-Sided $0.80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Existing maps printed in color on HP1055CM plotter (241b bond Paper) Arch C 18 x 24 3.00 sq. ft. $18.00 Arch D 24 x 36 6.00 sq. ft. $36.00 Arch E 36 x 48 12.00 sq. ft. $72.00 Existing maps or copies of existing maps copied in B&W on Xerox 3030 large format copier (201b bond paper) Arch C 18 x 24 $2.00 Arch D 24 x 36 $3.00 Arch E 36 x 48 $4.00 Note: Maps printed on materials other than the specified bond are double the standard print fee Plat & Plan Checks: Subdivision Plats (does not include planning review fee See page 11) $741.00 plus $112.00 per lot Condominium Plats $741.00 plus $112.00 per lot Partition Plats (does not include 24% Fire Department Review Fee) $397.00 Subdivision ?mprav ement Plat Cheek 5",4 Enbg:n ^er- Izee (50 of - the the publie i Ht e ot *Delete duplicate fee. Collected in the subdivision plat and/or inspection fee* Engineering Development Fee (this fee is charged concurrently with Building Permit Fees at the time of building permit applications. Applies To all new residential dwelling units and commercial 0.75% of valuation Developments. Remodels, additions and accessory Buildings are not assessed this fee.) miscellaneous fees and charges page 27 Section 9-Public Works Public Works/Engineering Inspections, Permits, etc: CURRENT PROPOSED CORRECTION Subdivision Construction Inspection/ 5% Engineer Fee (5% of Public Works Improvement Inspection the public improvement cost) Street or Alley Excavation Permit $200.00+ based on pavement age Encroachment Permit $200.00 Miscellaneous Construction Permit $65.00 (Construction of curb, sidewalk, driveway Apron, etc.) Dust Suppression Permit $65.00 Driveway Painting Permit $16.00 (includes a can of paint) Right-of Way Closure-Street $200.00 Right-of Way Closure-Sidewalk(>72 hrs) $65.00 Right-of Way Closure-Sidewalk(<72 hrs) $16.00 Right-of Way Closure-Parking Space(>72 hrs) $65.00 Right-of Way Closure-Parking Space(<72 hrs) $16.00 Block Party $16.00 Sidewalk Dining-Annual Renewal $4.50/sq, ft. (minimum 50 sq. ft) Functional Item-Annual Renewal $65.00 Special Event Permits (per Resolution 2012-08): Base Special Event Permit Fee (plus applicable $132.00 $130.00* Fees below) Events that require city staff overtime 60% of city staff O/T Rush Fee (less than 90 days advance notice) $250.00 *Per resolution-requires council to change page 28 miscellaneous fees and charges Section 9-Public Works Public Works/Engineering Inspections, Permits, etc. (cont) Loaned Functional Item, Pennant Application Fee $135.00 Publication Box Per Publication-Annual Renewal $27.00 Special vehicle Permit-Initial Fee $276.00 Special vehicle Permit-Annual Renewal $111.00 Penalty for No Permit 150% of permit cost Street or Alley Vacation $669.00 An administrative fee of 25% will be assessed on all permit refunds. Refunds will not be issued if requested later than one-year following the application date. GIS Data & Mapping Services: GIS Hourly Rate $81.00 Information on Disk $41.00/utility per Quarter section Planning Pre-Application Maps $22.00 Plotting Fee $6.00/square foot New Address Assignment $38.00/address # Street Name Approval Fee $107.00 miscellaneous fees and charges page 29 Section 9-Public Works CURRENT PROPOSED CORRECTION Sanitary Sewer Connection Fees: Sanitary sewer mainline video inspection $325.00 $334* (cost based on time and materials) minimum Water Connection Fees: The installation of all new water services and large taps regardless of size will be charged on a time and materials basis. First Utility Locate at an address No Charge Additional Locates at same address $71.00 S73.00* Water meter re-read Once in 12 months No Charge Each additional re-read in 12 months $32.00 S33.00* Water Meter Field Test $56.00 $51.00 Water Meter Bench Test 3/4" or l" Water Meter $110.00 $113.00* 1 1/2" or 2" Water Meter $206.00 $212.00" Larger Meters Actual Cost Water pressure check once in 12 month No Charge Each additional pressure check in 12 months $40.00 $41.00* Water Chlorination Test -Subdivision retest upon failure (cost based on time and materials) $653.00 S671.00* Water Pressure Test -Subdivision retest up failure (cost based on time and materials) $391.00 $402.00* *Based on the 2015 March ENR value, an increase in the amount of 2.8% should be applied to sanitary sewer and water connection fees as per the attached documents page 30 miscellaneous fees and charges Section 9-Public Works CURRENT PROPOSED CORRECTION Cemetery Fees: Sales of grave spaces or burial plots: (fees split, 40% to the cemetery fund & 60% to the cemetery trust fund) Grave Space -Lawn and Monument Sections $514.00 Grave Space -Baby Land $162.00 Grave Space -Niches (bronze) $434.00 Grave Space -Urn garden $162.00 Grave space -Crypt $1,087.00 Sales of liners and markers: (fees split, 40% to the cemetery fund & 60% to the cemetery trust fund) Concrete cemetery box, including setting $434.00 Concrete liners Cost plus 10% Final inscriptions $158.00 min charge Niche Vases $162.00 $152.00 Grave markers Wholesale cost X 2.5 not to exceed $700.00 Grave marker setting, concrete base $162.00 Monticello burial vault (sealed concrete) $1,196.00 miscellaneous fees and charges page 31 Section 9-Public Works Sexton Fees: Opening and closing graves, ground $434.00 Opening and closing graves, double-deep $488.00 Opening and closing graves, infant $162.00 Opening and closing crypts $434.00 Opening closed crypts $434.00 Opening and closing niches $110.00 Opening closed niche $110.00 Inter cremains in grave spaces $162.00 Scattering of cremains $110.00 Disinterment $1,081.00/in advance Saturday, Sunday or Holiday burial $434.00 Miscellaneous Fees: Grave Setup Rental $108.00/occurrence Tent Rental $54.00 Perpetual care lots, sold before 1927 $110.00 Vases: Galvanized $44.00 *cemetery fees will be subject to a 1.5% finance charge per month if not paid within 60 days of use. All above services will be sold pre-need in installments, interest free, with a minimum payment of one-twelfth of the total sale. 2013 CPI and ENR Calculations: Methodology: Current CPI Rate - Old CPI Rate/Old CPI Rate = % Rate of Adjustment (236.293-232.773)/232.773=1.5% Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate = % Rate of Adjustment (9701.96-9455.98)/945 5.98=2.6% CPI used for: ENR used for: Plat & Plan Checks Sanitary Sewer Connection Fees Public Works/engineering Inspections, Permits, etc. Water Connection Fees GIS Data & Mapping Services Cemetery Fees page 32 miscellaneous fees and charges Section 9-Public Works Ashland Airport Fees Fees are new to Miscellaneous Fees & Charges book only . No changes to previous years fees as per Resolution 2014-09 Lease type A - City owned - Rentals T-Hangars without doors $180.00 T-Hangars with doors vintage $228.00 T-Hangars with doors contemporary $286.00* Helicopter Hangar $228.00 Box Hangar "shell rental" (privately built City owned) 0.28 sq ft/month (building footprint) "Amenities" for any City owned hangar Office Space .25 sq ft/month (office space inside dimension) Bathroom .03 sq ft/month (building footprint) Heat .01 sq ft/month (building footprint) • Heat = any upgraded heat source including gas and electric • Building footprint = outside wall dimension Month tie-downs** $47.00 (small) $58.00 (large) Overnight tie-downs** $7.00 (small) $11.00 (large) Lease type B - Ground Lease - City owned hangars Ground Lease - No minimum footage 20.0¢/sq ft/yr Lease type C - Ground Lease - Privately owned hangars Privately owned ground lease Minimum footage 60x40 46.8¢/sq ft/yr Hangar reservation fees ]--Hangar - Basic Fee $100.00; and 75.00 is applied to first months rent Ground Lease Space $2,000.00 Non Refundable space reservation fee* "Reservation fee is valid for a period of I year at which time can be renewed for an additional 12 months if progress is shown towards development of a hangar onsite. Specialized Aviation Service Operations (SASO) Fee (Annual) The square footage of the hangar multiplied by 1.6, multiplied by the current B Ground Lease fee rate. A Hanger keeper will have the square footage of the hangar multiplied by 1.0, multiplied by the current B Ground Lease fee rate. miscellaneous fees and charges page 33 Section 9-Public Works Mobile Service Providers (MSP) Airport User Fee (Annual) Basic Tee $350.00 for first two employees, plus $25.00 each additional employee for annual operators. $100.00 for Temporary MSPs (90 days maximum - not renewable). Freight Operation (fol(ows Medford International Airport adjustments annually) Tariff Rate 5.83/1,000 ibs "Additional electrical surcharge of $5.00 per month will be added to this amount. Large aircraft defined as a single engine turbo-prop or multi-engined aircraft with a gross certified aircraft weight of 6000 ibs or greater page 34 miscellaneous fees and charges Section 10 - Parks and Recreation - Z I p 0 ,0 REC- 0 Section 10 Parks and Recreation Miscellaneous Fees and Charges miscellaneous fees and charges page 35 Section 10-Parks and Recreation Parks Miscellaneous Fees and Charges CURRENT PROPOSED Wedding Packages: Lithia Park Sites Discontinued $400.00/4 hrs. $200.00/4 hrs. $i,t,50.06 paTk she included Discontinued Discontinued Group Picnic Rentals: Cotton Memorial Area $75.00/4 hrs. Madrone Area $60.00/4 hrs. $55.00/4 hrs. Top Southern Lawn $55.00/4 hrs. Hillside Picnic Area $55.00/4 hrs. Sycamore Grove $75.00/4 hrs. Brinkworth Area $60.00/4 hrs. $55.00/4 hrs. Lawn below Upper Duck Pond $60.00/4 hrs. 575.00/4 hrs. Butler Bandshell $220.00/8 hrs. Deposits: Picnic Areas $75.00 Lithia Park Weddings $75.00 Butler Bandshell $190.00 S150.00 Buildings Security Discontinued $150.00 (refundable after cleaning) Special Event Fees: Special Event Application Fee $25.00 Street Closure Fee $75.00 Park Booth fee $25.00/per booth (max. 10) Alcohol Fee: $150.00 (non-refundable) General Building Reservations: The Grove Full Facility $41.50/hr. on weekdays $50.00/hr. on weekends The Grove Otte/Petterson $22.50/hr. on weekdays S23.00/hr. on weekdays $25.00/hr. on weekends S35.00/hr. on weekends Hunter Park Senior Center $21.00/hr. on weekdays $23.00/hr. on weekdays $33.00/hr. on weekends S35.001hr. on weekends Long Term User Fee $18.00/br. (at least 6 days/yr) $20.00 (at least 6 days/yr) Oak Knoll Golf Course $21.00/hr. on weekdays S23.00/hr. on weekdays $33.00/hr. on weekends $35.00/hr. on weekends Pioneer Hall/Community Center $21.00/hr. on weekdays $23.00/hr. on weekdays $33.00/hr. on weekends $35.00/hr. on weekends Miscellaneous Equipment Fee $100.00 Electricity Use Fee N/A $25.00 per 4 hours (jump houses & Batting Cages) page 36 miscellaneous fees and charges Section 10-Parks and Recreation CURRENT PROPOSED Field Usage: Tournaments $36.50/day each team Ball field Lights $34.00/hr 1 Day per week/season N/A $100.00 2 Days per week/season N/A S150.00 3-4 Days per week/season N/A S200.00 5-7 Days per week/season N/A 5250.00 Calle Seating: Artisans $7.00/sq. foot Restaurant Seating $6.00/sq. foot Daniel Meyer Pool: Youth Adult Admission $2.00 $3.00 $3.50 Lap Swim $2.50 53.00 $3.50 Water Aerobics $3.25 54.00 S4.00 Swim Lessons $40/$42/$48 (age of child/length of lesson) Senior Only Sessions N/A $3.00 (65 and over) 10 Punch 20 Punch Private Lessons $18.00 Open Swim/Lap punch card S30.00 $25.00/30.00 $40.00/50.00 (age depen(lant) Lap Swim puneh card $40.00 Discontinued Water Aerobics punch card $55.00 Season Pass $140.00 $165.00/195.00 (age dependant) Youth Recreation Programs: 60/40 split with instructor and Parks Department Adult Recreation Programs: 60/40 split with instructor and Parks Department Ashland Rotary Centennial Ice Rink: Youth Admission $3.50 Adult Admission $4.00 Skate Rental $2.50 Adult Hockey Admission $5.50 Youth Hockey Admission $5.00 Adult Hockey Punch Card $50.00 Youth Hockey Punch Card $45.00 Open Skate/Kids Only Punch Card $30.00 Ice Skating Private Lesson $10.00 per 30mins Helmets $8.00 Group Rental $5.00 Oak Knoll Golf Course Annual Passes: Annual Pass-Single $1,100.00 Annual Pass-Family $1,540.00 miscellaneous fees and charges page 37 Section 10-Parks and Recreation Daily Adult Fees (apes 18 to 54) 9 Holes: November-February $14.00 March-October $16.00 18 Holes: November-February $20.00 March-October $24.00 Daily Coupon Rate $10.00 Daily Senior Fees (apes 55 & up) Monday-Friday Only 9 Holes: November-February $12.00 March-October $14.00 18 Holes: November-February $18.00 March-October $22.00 Daily Junior Fees (apes 8 to 17) 9 Holes: Year-Round $5.00 18 Holes: Year-Round $10.00 Driving Range One token (35) balls $3.00 Cart Fees (per person) 9 Holes: Year Round $10.00 Year Round Senior rate $8.00 18 Holes: Year Round $13.00 Community Garden Fees: 10x10 $29.00434.50 depending on location 10x20 $49.00-$57.50 depending on location 20x20 $75.00-$86.50 depending on location 4x]2 $29.00 Refundable Deposit $20.00 Nature Center School Proqrams: $200.00/Class Nature Center Community Programs: 70/30 split with instructor and Parks Department Oak Knoll Golf Course Wedding Fees: November-February $1,500.00 - full day November-February $800.00 - half day March-October $750.00 - full day March-October $400.00 - half day Maps: City of Ashland Map $3.00 (or 2 maps for $5.00) Watershed Map $3.00 (or 2 maps for $5.00) page 38 miscellaneous fees and charges Section 11-Rates and Charges Set by Separate Resolutions Rates and Charges Set by Separate Resolutions Listed Below* System Development Charges (SDCs) Parks and Recreation SDCs -Resolution 2000-29 Transportation SDCs -Resolution 1999-42 Sewer SDCs -Resolution 2006-27 Storm SDCs -Resolution 2002-15 Water SDCs -Resolution 2006-27 Utility Rates and Fees AFN Utility Fees -Resolution 2010-28 Electric Rates - Resolution 2014-06 Sewer Rates -Resolution 2014-03 Storm Drain Fees -Resolution 2014-05 Transportation Fees -Resolution 2014-04 Water Rates -Resolution 2014-02 SECTION 12 - Research Fee A. The City shall charge a research fee based on the hourly wage of the staff person doing the re search, and the fee shall be billed in fifteen minute increments. The hourly wage used to calcu- late the research fee shall not include the cost of benefits. The City will establish a fee in its an- nual fee resolution that is reasonably calculated to reimburse the City for the actual cost of mak- ing public records available, including locating the requested records, reviewing the records to delete exempt material, supervising a person's inspection of original documents to protect the integrity of the records, summarizing, compiling, or tailoring a record, either in organization of media, to meet the person's request. The City may charge for search time even if it fails to locate any records responsive to the requestor even if the records located are subsequently determined to be exempt from disclosure. Copies of documents provided by a routine file search of 15-30 minutes or less will be charged at a copy rate established in the annual fee resolution. B. The City may include a fee established to reimburse for the costs of time spent by the city attorney in reviewing the public records, redacting materials from the public records into exempt and nonexempt records. The City fee may also include the cost of time spent by an attorney for the City in determining the application of the provisions of ORS 192.505. C. The City may not establish a fee greater than $25 unless the requester is provided with written notification of the estimated amount of the fee and the requestor confirms in writing that he/she wants the City to proceed with making the records available. D. Prepayment shall be required if the amount of the request is greater than $25. If the actual charges are less than the prepayment, and overpayment shall be refunded. *All of the above resolutions can be found in full text on the City of Ashland's Website: http://ashian(l.or.us miscellaneous fees and charges page 39 Section 13 - Building Valuation Data Community Development Department -Building Safety Division Methodology for calculation of permit valuation Icc INTERNATIONAL 1 COUNCIL People Building Validation Data - February 2015 The International Code Council is pleased to provide the building components, electrical, plumbing, mechanical and following Building Valuation Data (BVD) for its members. The interior finish material. The data is a national average and BVD will be updated at six-month intervals, with the next does not take into account any regional cost differences. As update in August 2015. ICC strongly recommends that all such, the use of Regional Cost Modifiers is subject to the jurisdictions and other interested parties actively evaluate and authority having jurisdiction. assess the impact of this BVD table before utilizing it in their current code enforcement related activities. Permit Fee Multiplier The BVD table provides the "average" construction casts per Determine the Permit Fee Multiplier: square foot, which can be used in determining permit fees for 1. Based on historical records, determine the total annual a jurisdiction. Permit fee schedules are addressed in Section construction value which has occurred within the 109.2 of the 2012 international Building Code (IBC) whereas jurisdiction for the past year. Section 109.3 addresses building permit valuations. The 2. Determine the percentage of the building permit fees can be established by using the BVD table and a department budget expected to be provided by Permit Fee Multiplier, which is based on the total construction building permit revenue. value within the jurisdiction for the past year. The Square Foot 3. Construction Cost table presents factors that reflect relative Bldg. Dept. Budget x value of one construction classification/occupancy group to Permit Fee Multiplier = another so that more expensive construction is assessed Total Annual Construction Value greater permit fees than less expensive construction. Example ICC has developed this data to aid jurisdictions in determining The building department operates on a $300,000 budget, and permit fees. It is important to note that while this BVD table it expects to cover 75 percent of that from building permit fees. does determine an estimated value of a building (i.e., Gross The total annual construction value which occurred within the Area x Square Foot Construction Cost), this data is only jurisdiction in the previous year is $30,000,000. intended to assist jurisdictions in determining their permit fees. This data table is not intended to be used as an estimating $300,000 x 75% guide because the data only reflects average costs and is not Permit Fee Multiplier = = 0.0075 representative of specific construction. $30,000,000 This degree of precision is sufficient for the intended purpose, Permit Fee which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions The permit fee is determined using the building gross area, the with a simplified way to determine the estimated value of a Square Foot Construction Cost and the Permit Fee Multiplier. building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a Permit Fee = Gross Area x Square Foot Construction Cost particular job and other associated factors do not affect the x Permit Fee Multiplier value of a building for determining the permit fee. Whether a Example specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because IIB the cost of related code enforcement activities is not directly Type of Construction: 00 affected by the bid process and results. Area: 1st story = 8,000 sq. ft. 2nd story = 8,000 sq. ft. Building Valuation Height. 2 stories Permit Fee Multiplier = 0.0075 The following building valuation data represents average Use Group: B valuations for most buildings. In conjunction with IBC Section 1. Gross area: 109.3, this data is offered as an aid for the building official to Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft. determine if the permit valuation is underestimated. Again it 2. Square Foot Construction Cost: should be noted that, when using this data, these are B111B = $161_88isq, ft. Permit Fee: .average" costs based on typical construction methods for Business = 16,000 sq. ft. x $161.881sq. ft x 0.0075 each occupancy group and type of construction. The average = $19,426 costs include foundation work, structural and nonstructural page40 miscellaneous fees and charge Section 13 - Building Valuation Data Important Points • For purposes of establishing the Permit Fee Multiplier, • The BVD is not intended to apply to alterations or the estimated total annual construction value for a repairs to existing buildings. Because the scope of given time period (1 year) is the sum of each building's alterations or repairs to an existing building varies so value (Gross Area x Square Foot Construction Cost) greatly, the Square Foot Construction Costs table for that time period (e.g., 1 year). does not reflect accurate values for that purpose. The Square Foot Construction Cost does not include However, the Square Foot Construction Costs table the price of the land on which the building is built. The can be used to determine the cost of an addition that is Square Foot Construction Cost takes into account basically stand-alone building which happens to be everything from foundation work to the roof structure attached to a an existing building. In the case of such additions, the only alterations to the existing building and coverings but does not include the price of the would involve the attachment of the addition to the land. The cost of the land does not affect the cost of existing building and the openings between the related code enforcement activities and is not included addition and the existing building. in the Square Foot Construction Cost, Square Foot Construction Costs Group (2012 International Building Code) 1A IB IIA IIB IIIA 11113 IV VA VB A-1 Assembly, theaters, with stage 229.03 221.51 21610 207.06 194.68 189.07 200.10 177.95 171_21 A-1 Assembly, theaters, without stage 209.87 202.35 196.94 187.90 175,62 170.01 180.94 158.89 152.15 A-2 Assembly, nightclubs 4 177.89 172.85 168.07 161.49 151.98 14738 155.80 137.68 132.99 A-2 Assembly, restaurants, bars, banquet halls 176.89 171.85 166.07 160.49 149.98 146.78 154.80 135.68 131.99 A-3 Assembly, churches 211.95 204.43 199.02 189.98 177.95 172.34 183.02 161.22 154.48 A-3 Assembly, general, community halls, libraries, museums 176.88 169.36 162.95 154.91 141,73 137.12 147,95 125.00 119,26 A-4 Assembly, arenas 208.87 201.35 1 14.94 186.90 173.62 169.01 179.94 156.89 151.15 B Business 182.89 176.17 170.32 161.88 147.55 14200 155.49 129.49 123.76 E Educational 195.85 189.10 183.56 175.25 163.21 154,58 169.21 142.63 137.99 F-1 Factory and industrial, moderate hazard 108.98 103.99 97.83 94.17 84.37 80.56 90.16 59.50 65.44 F-2 Factory and industrial, low hazard 107.98 102.99 _ 97.83 93.17 84.37 79.56 89.16 69.50 64.44 H-1 High Hazard, explosives 102.01 97.02 91.86 87.20 78.60 73.79 8319 63.73 N.P. H234 High Hazard 102.01 97.02 91.86 87.20 78.60 7339 83.19 63.73 58.67 H-5 HPM 182.89 176.17 170.32 161.88 147,55 142.00 155.49 129.49 123.76 1.1 Institutional, supervised environment 180.72 174,14 169.28 161.12 149,06 145.04 161.12 133.69 129.43 1-2 Institutional, hospitals 308.50 301.79 295.93 287.50 272.14 N-P. 281.10 254.09 N.P. 1-2 Institutional, nursing homes 213.56 206.85 200.99 192.56 179.22 N.P. 186.16 161.17 N.P. 1-3 Institutional, restrained 208.37 201.66 195,80 187.37 174.54 167.98 180.97 156.48 148.74 1-4 Institutional, day care facilities 180,72 174,14 169.28 161.12 149.06 145.04 161.12 133.69 129.43 M Mercantile 132.61 127.57 121.79 11621 106.35 103.15 110.52 92.05 8836 R-1 Residential, hotels i 182.28 175.70 170.83 162.68 150.87 146.84 162.68 135.49 131.23 R-2 Residential, multiple family 152.86 146.27 141.41 133.25 122.04 118.01 133.25 106.66 102.41 R-3 Residential, one-and two-family 143.93 139.97 136.51 132.83 127.95 124.61 130.57 119.73 112.65 R-4 Residential, carefassisted living facilities 180.72 174.14 169.28 161.12 149.06 145.04 161.12 133.69 129.43 S-1 Storage, moderate hazard 101.01 96.02 89.86 86.20 76.60 72.79 82.19 61.73 57.67 S-2 Storage, low hazard 100.01 95.02 89.86 85.20 76.60 71.79 81.19 61.73 56.67 U Utility, miscellaneous 77,10 72.64 68.12 64.64 58.13 5428 61.62 45.49 43.33 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq. it, c. For shell only buildings deduct 20 percent d. N.P. = not pemnitted miscellaneous fees and charges page 41 Miscellaneous Fees and Charges Attachment 1. P C1 T Y O F Exhibit A lrrr ASHLAND GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table A_ Separate plan review fees shall apply to retaining walls or major drainage structures as required. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City of Ashland, Building Dept as set forth In Table B. Separate permits and fees shall apply to retaining walls or major drainage structures as required. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A - GRADING PLAN REVIEW FEES 50 cubic rds or less No Fee 5i to 100 cubit yards $100.00 101 to 1,000 cubic yards $125.00 101 to 10,000 cubic yards $150.00 10,001 to 100,000 cubic yards $100.00 for the first 100,000 cubic years, plus $25.00 for each additional 10,000 yards or fraction thereof- Other Fees; Additional plan review required by changes, additions or revisions to approved plans $65.25 per hour minimum char -one-half hour 'Or the total hourly cost to the City, whichever is the greatest. This cost shall Include supervision, overhead, equipment, hourly wages and fringe benefits of the employees Involved. TABLE B - GRADING PERMIT FEES' 50 cubic yards or less No Fee 51 to 100 cubic yards $75.00 101 to 1,000 cubic yards $75.00 for the first 100 cubic yards plus $25.00 for each additional 100 cubic yards or fraction thereof. Other Inspections and Fees: • Inspections outside of normal business hours (minimum charge - two hours)$65.25 per hour • Re-inspection fees $65.25 per hour • Inspections for which no fee Is specifically indicated (minimum charge-one half hour) $65.25 per hour? The foe for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 'Or the total hourly cost to the City, whichever Is the greatest. This cost shall include supervision, overhead equipment, hourly wages and fringe benefits of the employees Involved. page 42 miscellaneous fees & charge Miscellaneous Fees and Charges rim Miscellaneous fees & charges page 43 RESOLUTION NO. 2014- 07 A RESOLUTION ADOPTING A MISCELLANEOUS FEES AND CHARGES DOCUMENT AND REPEALING PRIOR FEE RESOLUTION 2013-17 Recitals: A. The City currently has many resolutions and ordinances that establish fees for different departments and activities. B. The City desires to provide all of its miscellaneous fees and charges in one document so citizens can easily determine the costs of city services. C. The City desires to repeal all prior resolutions that establish fees and charges and adopt all fees and charges with one resolution for convenience of its citizenry. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Miscellaneous Fees and Charges Document, which is attached hereto and incorporated herein by this reference, is hereby approved and establishes the fees and charges for City services. New fees, those not charged before, are not affective until 30 days following date of approval unless otherwise established by Council action. SECTION 2. The following resolutions are specifically repealed: Resolutions 2013-17 and all other fees and charges inconsistent with the fees and charges set forth herein are repealed. SECTION 3. This resolution was duly PASSED and ADOPTED this day of 2014, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2014. n Strom erg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of I CITY OF ASHLAND MISCELLANEOUS FEES AND CHARGES DOCUMENT ADOPTED: June 3, 2014 EFFECTIVE: July 1, 2015 ASHLAMID PARKS 8k RECREATION PARKS AND RECREATION MISCELLANEOUS FEES AND CHARGES ADOPTED: June 3, 2014 EFFECTIVE: July 1, 2015 Miscellaneous Fees and Charges im& r A page 2 miscellaneous fees & charges Table of Contents CITY OT -ASHLAND MISCELLANEOUS FEES AND CHARGES ALPHABETICALLY BY DEPARTMENT SECTION 1 - Administrative Services/Finance Administrative Billing Charge ..............................................................................................................................Page 8 Initial Business License Application Fee ..............................................................................................................Page 8 Temporary Business License Application Fee ......................................................................................................Page 8 Renewal Application Fee ......................................................................................................................................Page 8 Rental Property Fees .............................................................................................................................................Page 8 Late Application Fee .............................................................................................................................................Page 8 Late Renewal Fee (paid 30 days after the due date) ..............................................................................................Page 8 Utility Billing Administrative Fees .......................................................................................................................Page 9 Reconnection Charge ............................................................................................................................................Page 9 Service Connection ...............................................................................................................................................Page 9 Parking Structure Fees ..........................................................................................................................................Page 9 Downtown Parking Area Fees ...............................................................................................................................Page 9 SECTION 2 - City Recorder Copy Fees ............................................................................................................................................................Page 10 Audio Tapes .................................:......................................................................................................................Page 10 Liquor Licenses ...................................................................................................................................................Page 10 Taxicab Licenses .................................................................................................................................................Page 10 Lien Searches Page 10 Elections ..............................................................................................................................................................Page 10 Street/Alley Vacations ........................................................................................................................................Page 10 Ambulance ..........................................................................................................................................................Page 10 Annexation ..........................................................................................................................................................Page 10 Research Fee .......................................................................................................................................................Page 10 SECTION 3 - Community Development Pre-Application Conference ...............................................................................................................................Page 11 Administration Actions .......................................................................................................................................Page 11 Type 1, 11 Reviews ...............................................................................................................................................Page I 1 Type III Reviews .................................................................................................................................................Page 12 Legislative Amendments... Page 12 Appeals ................................................................................................................................................................Page 12 Solar Access... _ _ _ _ _ _.-Page 12 Community Development Fee ............................................................................................................................Page 12 Copy Fees ............................................................................................................................................................Page 12 Prepared Documents ...........................................................................................................................................Page 12 Research Fee ......................................................................................................................................................Page 12 Building Permit Fees ...........................................................................................................................................Page 13 Plan Review Fee for Commercial and Residential ..............................................................................................Page 13 Miscellaneous Fees for Commercial ...................................................................................................................Page 13 Inspection Fees for Commercial and Residential ................................................................................................Page 14 Change of Occupancy Fees .................................................................................................................................Page 14 Residential Plumbing Permit Fees ......................................................................................................................Page 14 Commercial Plumbing Permit Fees.... Page 15 Residential Mechanical Permit Fees ...................................................................................................................Page 15 Commercial Mechanical Permit Fees... ....Pa-e 16 Electrical Permit Fees .................................................................................................Page 16 Residential Restricted Energy Electrical Permit Fees .........................................................................................Page 17 ' Renewable Energy Systems ................................................................................................................................Page 17 State of Oregon Surcharge ..................................................................................................................................Page 17 Building Permit Refund Policy ...........................................................................................................................Page 18 Excavation/Grading Fees ....................................................................................................................................Page 18 miscellaneous fees & charges page 3 Table of Contents SECTION 4 - Electric Temporary Service Drop .....................................................................................................................................Page 19 Meter Charges .....................................................................................................................................................Page 19 Non Radio Frequency Meter Charges.. - Page 19 Non Sufficient Funds Check Fee ........................................................................................................................Page 19 Reconnection Charge ..........................................................................................................................................Page 19 Service Calls ...........................................................Page 19 Service Connection .............................................................................................................................................Page 19 Scheduled Work After Hours ..............................................................................................................................Page 19 Unauthorized Connection ...................................................................................................................................Page 19 Line Extension Charges ....................................Page 20 ENR Calculations ................................................................................................................................................Page 20 SECTION 5 -Fire Copy Fees ............................................................................................................................................................Page 21 Report Fees ....................................:....................................................................................................................Page 21 Research Fee .......................................................................................................................................................Page 21 Fire Fees ..............................................................................................................................................................Page 21 Emergency Medical Services ..............................................................................................................................Page 21 Fire and Line Safety ............................................................................................................................................Page 22 Plan Checks .........................................................................................................................................................Page 22 Other ...................................................................................................................................................................Page 22 First Aid/CPR Classes ...................................................................................:......................................................Page 22 Inspection Fees ....................................................................................................................................................Page 22 Weed Abatement .................................................................................................................................................Page 22 SECTION 6 - Information Technology Installation Fees .....................Page 23 Disconnect Fees ..................................................................................................................................................Pace 23 Truck Roll .....................................................:.....................................................................................................Page 23 Field Technician Hourly Rate......: ......................................................................................................................Page 23 Consulting and Technical Support Hourly Rate ..................................................................................................Page 23 Non-City Employee Staff Screening...................... ...........Page 23 ...Page 23 Fiber Service Installation Ethernet ...............................................................................................................................................................Page 23 Static 1P Address .................................................................................................................................................Page 24 Quality of Service Fee........... - Page 24 Business Augmented Upload Package ................................................................................................................Page 24 Non-Return of Customer Premise Equipment (CPE) Devices ............................................................................Pape 24 CATV Seasonal Reconnects & Disconnects..... Page 24 CATV House Amp Fee Page 24 Utility Billing Lobby Signage Fee..... : _ Page 24 Cable Modem Rental Page24 Non Return of Rented Modem at Closing of Account ...................................................................Page24 Cable Modem Purchase .......................................................................................................................................Page24 page 4 miscellaneous fees & charges Table of Contents SECTION 7 - Municipal Court Appeal Transcript Fee ........................................................................................................................................Page 25 City Attorney Deferred Sentence/Diversion .......................................................................................................Page 25 Civil Compromise Costs .....................................................................................................................................Page 25 Compliance Inspection Fee .................................................................................................................................Page 25 Court Appointed Counsel Fees and Charges .......................................................................................................Page 25 Default Judgment ................................................................................................................................................Page 25 Discovery Fees...... Page 25 Diversion by Municipal Court ........Page 25 Extend/Amend City Attorney Deferred Sentence/Diversion ..............................................................................Page 25 Failure to Appear for Bench Trial/Show Cause Hearing ....................................................................................Page 25 Failure to Appear for Jury Trial ..........................................................................................................................Page 25 Forfeiture of Security ..........................................................................................................................................Page 25 Mediation of Violation (Municipal Court Mediation) ........................................................................................Page 25 Non Sufficient Funds Cheek Fee ........................................................................................................................Page 25 Court Costs .........................................................................................................................................................Page 25 Expunction ..........................................................................................................................................................Page 25 Show Cause Admission of Allegation... ....Page 25 Bench Probation Fee ...........................................................................................................................................Page 25 Warrant ......................................................................................................................................:.........................Page 25 Withholding on County Assessment__ .............................................................................................................Page 25 Domestic Partnership Registration ......................................................................................................................Page 25 SECTION 8 -Police Police Reports Page 26 Research Fee .Page 26 Visa Letters .........................................................................................:...............................................................Page 2b Finger Print Cards ...............................................................................................................................................Page 26 Photographs (CD) ...................................................................................................................................:............Page 26 Audio Tapes/[COP Videos.... _ - - Page .26 Non Sufficient Funds Check Fee ........................................................................................................................Page 26 Impound/Tow Fee ...............................................................................................................................................Page 26 Taxi Operator License .........................................................................................................................................Page 26 SECTION 9 - Public Works - Miscellaneous Fees & Charges Copy Fees, Black, White and Color ....................................................................................................................Page 27 Plat & Plan Checks ..............................................................................................................................................Page 27 Public Works./Engineering Inspections, Permit Etc ............................................................................................Page 28 GIS Data & Mapping Services Page 29 Sanitary Sewer Connection Fees .........................................................................................................................Page 30 Water Connection Fees .......................................................................................................................................Page 36 Cemetery Fees .....................................................................................................................................................Page 31 Sexton Fees ...........................................................................................................................,............................Page 32 Miscellaneous Fees.. _ I—- I Yage ............................32 Vases ...................................................................................................................................................................Page 32 CPI & ENR Calculations .....................................................................................................................................Page 32 miscellaneous fees & charges page 5 Table of Contents SECTION 10 - Parks and Recreation Miscellaneous Fees and Charges Wedding Packages ..............................................................................................................................................Page 34 Group Picnic Rentals ..........................................................................................................................................Page 34 Deposits ..............................................................................................................................................................Page 34 Special Event Fees Page 34 Alcohol Fee .........................................................................................................................................................Page 34 General Building Reservations ...........................................................................................................................Page 34 Field Usage .........................................................................................................................................................Page 34 Calle Seating .......................................................................................................................................................Page 35 Daniel Meyer Pool ..............................................................................................................................................Page 35 Youth & Adult Recreation Programs Ashland Rotary Centennial Ice Rink .......................................................Page 35 Oak Knoll Golf Course Fees ...............................................................................................................................Page 35 Community Garden Fees ....................................................................................................................................Page 36 Nature Center School Programs ..........................................................................................................................Page 36 Nature Center Community Programs ..................................................................................................................Page 36 Oak Knoll Golf Course Wedding Fees ................................................................................................................Page 36 Maps ......................................................................................Page 36 SECTION 11 - List of Rates and Charges Set by Separate Resolutions System Development Charges (SDCs) List of Resolutions Parks and Recreation Resolution 2000-29 ..........................................................................................................Page 37 Transportation Resolution 1999-42 .....................................................................................................................Page 37 Sewer Resolution 2006-27 ..................................................................................................................................Page 37 Storm Resolution 2002-15 ..................................................................................................................................Page 37 Water Resolution 2006-27 ..................................................................................................................................Page 37 Utilities Rates and Fees List of Resolutions AFN Resolution 2010-28 ....................................................................................................................................Page 37 Electric Resolution 2014-06 ................................................................................................................................Page 37 Sewer Resolution 2014-03.. Page 37 Storm Drain Resolution 2014-05 ........................................................................................................................Page 37 Transportation Resolution 2014-04 ....................................................................................................................Page 37 Water Resolution 2014-02 ..................................................................................................................................Page 37 SECTION 12 - Research Fee Research Fee .Page 37 SECTION 13 - Building Valuation Data Building Safety Division---Building Valuation Data-February 2013 ..............................................................Page 38 SECTION 14 - Attachments Community Development - Excavation Grading Fees - Exhibit A - Resolution 2006-19 ..................................Page 40 page 6 miscellaneous fees & charges Miscellaneous Fees and Charges Miscellaneous fees & charges page 7 Section 1-Administration Administration Services/Finance Miscellaneous Fees and Charges Administrative Billing Charge (up to 10%) Per Billing Business License Fees Initial Business License Application Fee Licensee shall pay a prorated fee of $10 for each month, $120.00 for first 2 employees* or portion of a month, remaining in the fiscal year from +$5.00 for each additional the date of the application with a minimum fee of $25.00 employee Temporary Business License Application Fee $25.00 Renewal Application Fee $75.00 for first 2 employees* +$10.00 for each additional employee Rental Property Fees Same as above for activity including two or more dwelling units of any kind for any length. Late Application Fee $25.00 Late Renewal Fee (paid 30 days after the due date) 10% with a minimum of $25.00 Pursuant to AMC 6.04.02d.F. Employee. Any individual who performs service for another individual or or- ganization having the right to control the employee as to the services to be performed and as to the manner of performance. For purposes of this ordinance employee also means a licensed real estate sales person or associate real estate broker who engages in professional real estate activities only as an agent of a real es- tate broker or organization. page 8 miscellaneous fees and charges Section 1-Administration Utility Billing Miscellaneous Fees and Charges Administrative Fees: Notification of Pending Collection $10.00 Returned Check Charge $35.00 Reconnection Charge: During Business Hours $25.00 After flours or Holidays $100.00 Service Connection: Normal working hours $10.00 Other Hours or Holidays $100.00 Parking Fees Parking Structure Fees: 6:00 a.m. - 6:00 p.m. (or segment) $1.00 6:00 p.m. - 2:00 a.m. (per hour) $1.00 6:00 a.m. - 2:00 a.m. (maximum) $3.00 Parking permit (where applicable in City structure or lot) 6:00 a.m. - 6:00 p.m. Monday - Saturday (unless otherwise posted) $20.00 Parking Ticket Surcharge (citywide) $4.00 Downtown Parking Area Fees: Short Term (<30 minutes) unloading from "marked" No charge business vehicle with flashers Daily parking permit (Orange)- 1 st day or fraction of day $10.00/day Additional days (limited to 5 days; no charge on Sunday or $2.00/day federal holidays) • Limit of two per business address at a time • Applicable permits/licenses must be current • Each permit is good for one parking space • Not applicable to handicapped or short term spaces equal to or less than 15 minutes, green loading zones, fire or other restricted areas. miscellaneous fees and charges page 9 Section 2-City Recorder City Recorder Miscellaneous Fees & Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Audio Tapes: CD/DVD/Cassette $5.00 each Liquor Licenses: Temporary Liquor License (processing fee) $10.00 Liquor License (new processing fee) $100.00 Liquor License (change of ownership processing fee) $75.00 Annual Renewal Liquor License $35.00 Taxicab Licenses: New Certification application (one-time processing fee) $250.00 Annual Renewal of Certificate $200.00 (per vehicle) Lien Searches: (fees set by Ordinance 2385 in 1986) Routine requests $20.00 Rush/Fax Requests $30.00 Elections: (amount set by Resolution #2009-05) Required deposit for Citizens Initiative $500.00 StreeMley Vacations: (filing fee set by Resolution 1994-24) Required deposit of filing fee $500.00 Ambulance: Annual renewal fee $300.00 Annual ambulance fee (each vehicle) $100.00 Annexation: Processing fee for County Department of Assessment $300.00 Research Fee: Refer to Section 12 on page 37 page 10 miscellaneous fees and charges Section 3-Community Development Planning/Community Development Miscellaneous Fees and Charges Pre-Application Conference: $131.00 Administration Actions: Final Plat Review: Partitions * $131,0M] 0/lot Subdivisions * $335.00+$28/lot New Sign Permit $131.00+$2.50/sq ft Replacement Sign Permit $28.00+$2.50/sq ft Horne Occupation Permits $28.00 Zoning permit (fence, accessory structure, etc.) $28.00 Land Use Approval Extension Request $335.00 Lot Line Adjustments $335.00 Any other Administrative Action $335.00 Type I Reviews: Tree Removal Permit (not associated with another action) $28.00 Solar Setback Variance $1,012.00 Amendments to Conditions $1,012.00 Physical & Environmental Constraints Permit $1,012.00 Conditional Use Permit Accessory Residential Unit $658.00 Conditional Use Permit (Type f only) $1,012.00 Variance (Type I only) $1,012.00 Residential Site Review $1,012.00+$67/unit Final Plan Performance Standards $1,012.00+$67/unit Land Partitions $1,012.00+$67/unit Commercial Site Review $1,012.00+.5% of project value** Any other Type I Review $1,012.00 Independent Review of Wireless Communication Facilities***$5000.00 Type II Reviews: Conditional Use Permit (Type II only) $2,032.00 Variance (Type Il only) $2,032.00 Outline Plan or Preliminary Plat for Subdivisions $2,032.00+$136/lot Final Plan with Outline $2,705.00+$l36/lot Commercial, Site Review $2,032.00+.5%(.005) of project value" Any other Type II Review $2,032.00 Independent Review of Wireless Communication Facilities***$5000.00 *(Does not include Public Yorks review fee, See pg 27) **Project value includes the estimated valuation of all structures (per State of Oregon Building Code), as well as all related project site improvements, such as grading, paving, landscaping, bioswales, etc. ***The initial deposit required with an application for a new wireless communication facility that is not collocated is $5,000, and shall be used by the City for the costs of expert review of the application. If any time during the planning ap- plication process the account balance is less than $1,000, the Applicant shall upon notification by the City replenish the account so the balance is at least $5,000. The maximum total consultant fees to be charged to the Applicant shall be $10.000, and any unused portion of fee will be refunded. miscellaneous fees and charges page 11 Section 3-Community Development Type III Reviews: Zone/Comprehensive Plan Map Change $2,705.00 Comprehensive Plan Change $2,705.00 Annexation $4,070.00 Urban Growth Boundary Amendment $4,070.00 Any other Type III Review $3,389.00 _Legislative Amendments: Comprehensive Plan Map/Large Zoning Map Amendment $4,750.00 Land Use Ordinance Amendment $4,750.00 Comprehensive Plan Amendment $4,750.00 City Sponsored Legislation (City Council Directive) $0.00 Appeals: Appeal for initial Public Hearing $150.00 (Building Appeals Board/Demohlion Review BoardlPlanning Commission) Appeal for Final Decision of City $325.00 (Planning Commission or City Council) Solar Access: Solar Access Permit (not a Solar Variance) $50.00+$10.00 per lot affected Community Development Fee: This fee is charged concurrently with Building Permit 1.1% (.011) of Fees at the time of building permit application for all new construction building permits requiring a plan review. per building code definition of valuation Community Development Copy Fees Copy Fees: Black and White Copies Letter/Legal Single-Sided $ .20 each Black and White Copies Letter/Legal Double-Sided $ .40 each Black and White Copies Tabloid Single-Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copies Letter/Legal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Prepared Documents: Site Design & Use Standards $5.00 Street Tree Guide $5.00 Transportation Element $5.00 Downtown Plans (2001, 1998) $5.00 Street Standards Guide $5.00 Comprehensive Plan/Land Use Code .$40.00 Research Fee: Refer to Section 12 on page 37 page 12 miscellaneous fees and charges Section 3-Community Development Building Division Permit Fees for Commercial and Residential In accordance with OAR 918-050-0030, the applicant for a building permit shall provide an estimate of con- struction costs at the time of application- Permit valuations shall include value of all work, including mate- rials and labor, for which the permit is issued. This estimate shall also include the cost of electrical, gas, me- chanical, plumbing, and permanent equipment and systems. The City will also prepare an estimate of the building valuation based on the current [CC Valuation table that is published and updated annually. The building permit will be based on the highest of these two estimates. Building Permit Fees: Total Value of Work Performed: $1.00 to $ 500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2000.00 plus $6.00 for each additional $1000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 and up $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof Plan Review Fee for Commercial and Residential: Plan Review Fee A plan review fee equal to 65% of the structural permit fee shall be due at application Additional Plan Review Fee $65.00 per hour Deferred Submittal Fee 65% of structural permit fee of deferred submittal valuation with a $50.00 minimum fee Miscellaneous Fees for Commercial: Commercial Fire Sprinkler/Fire Suppression/ Total value of work performed (structural permit Fire Alarm fee) Commercial Fire Sprinkler/Fire Suppression/ 65% of structural permit fee Fire Alarm Plan Review Note: See appendix for methodology for calculation of valuation for all permit fees utilizing valuation/ value of work miscellaneous fees and charges page 13 Section 3-Community Development Inspection Fees for Commercial and Residential: Inspections for which no building permit applies $65.00 per hour; (minimum I hour) per inspector Re-inspection Fee $50.00 Inspections outside normal business hours (minimum 1 hr) $130.00 per hour; per inspector Change of Occupancy Fees: Special Inspection: Single Building $65.00 per hour; 1 hour minimum Multiple Buildings or Tenant Spaces in a building or on a single lot $65.00 per building, per inspector, per hour; 1 hour Minimum Special Inspection Report $65.00 per hour Re-issued Certificate of Occupancy No Charge Residential Plumbing Permit Fees 0 New Residential: Cost Each 1 bathroom/kitchen (includes: first 100 feet of water/sewer lines; hose bibs; ice maker; under floor low-point drains; and rain-drain packages) $285.00 2 bathrooms/1 kitchen $345.00 3 bathrooms/1 kitchen $405.00 Each additional bathroom (over 3) $45.00 Each additional kitchen (over 1) $45.00 Remodel / Alterations: Remodel / Alterations (minimum fee) $40.00 Each fixture; appurtenance, and first 100 ft of piping $15.00 Miscellaneous Residential: Minimum Fee $40.00 Piping or private storm drainage systems exceeding the first 100 feet $22.00 Backflow Assembly $15.00 Residential Fire Sprinkler (include plan review): $2.44 x total square footage of structure = Sprinkler Valuation (use Building Permit Fees Valuation Table on page 13 for fee calculation) Manufactured Dwelling or Pre-Fab: Connections to building sewer and water supply $50.00 RV and Manufactured Dwelling Parks: Base fee (including the first 10 or fewer spaces) $150.00 Each additional 10 spaces $100.00 page 14 miscellaneous fees and charges Section 3-Community Development Commercial Plumbing Permit Fees Commercial, Industrial, and Dwellings other than one - or two-family: Minimum fee $40.00 Each fixture $15.00 Piping (based on number of feet) $0.75/111 Miscellaneous: Minimum fee $40.00 Specialty fixtures $15.00 Re-inspection (no. of hrs. x fee per hour) $65.00 Special requested inspections (no_ of hrs x fee per hour) $65.00 Medical gas piping: Minimum fee $50.00 Valuation $500 to $2,000 $50.00 + $5 per $100 of valuation Valuation $2,001 to $25,000 $125.00 + $18 per $100 of valuation Valuation $25,001 to $50,000 $540.00 + $14 per $100 of valuation Valuation $50,001 to $100,000 $890.00 + $9 per $100 of valuation Valuation greater than $100,000 $1,340.00 + $8 per $100 of valuation Residential Mechanical Permit Fees Mechanical Permit Minimum Fee: $50.00 Furnace/Burner including ducts & vents: Up to l 00k BTU/hr. $12.00 Over l 00k BTU/hr. $15.00 Heaters/StovesNents: Unit Heater $15.00 Wood/pellet/gas stove/flue $15.00 Repair/alter/add to heating appliance or refrigeration $12.00 unit or cooling systemlabsorption system Evaporated cooler $15.00 Vent ian with one duct/appliance vent $7.50 Hood with exhaust and duct $10.00 Floor furnace including vent $15.00 Gas Piping: One to four outlets $6.00 Additional outlets (each) $0.75 Air-handling Units, including Ducts: Up to 10,000 CFM $10.00 Over 10,000 CFM $15.00 miscellaneous fees and charges page 15 Section 3-Community Development Compressor/Absorption System/Heat Pump: Up to 3 lip/ IOOK BTU $15.00 Up to 15 hp/500K BTU $25.00 Up to 30 hp/1,000 BTU $50.00 Up to 50 hp/1,750 BTU $60.00 Over 50 hp/1,750 BTU $75.00 Incinerator: Domestic incinerator $25.00 Commercial Mechanical Permit Fees Minimum Fee $50.00 Total valuation of mechanical system and installation costs 0.5% of valuation Miscellaneous Fees: Re-inspection $50.00 Specially requested inspection (per hour) $65.00 Regulated equipment (un-classed) $50.00 Electrical Permit Fees Residential per unit, service included: Cost Each 1,000 sq. ft. or less $106.00 Each additional 500 sq. ft. or portion thereof $19.00 Limited energy $25.00 Each manufactured home or modular dwelling service or feeder $50.00 Multi-family residential $45.00 Residential and Commercial-Services or Feeders: installation, alteration, relocation: 200 amps or less $63.00 201 to 400 amps $75.00 401 to 600 amps $125.00 601 to 1,000 amps $163.00 Over 1,000 amps or volts $375.00 Reconnect Only $50.00 Temporary Services or Feeders: 200 amps or less $50.00 201 to 400 amps $69.00 401 to 600 $100.00 Over 600 amps or 1,000 volts, see services or feeders section above Branch Circuits: new, alteration, extension per panel: Branch circuits with purchase of a service or feeder $3.00 Branch circuits without purchase of a service or feeder: First branch circuit $43.00 Each additional branch circuit $3.00 page 16 miscellaneous fees and charges Section 3-Community Development Miscellaneous Fees: service or feeder not included: Each pump or irrigation circle $50.00 Each sign or outline lighting $50.00 Signal circuit or a limited energy panel, alteration or extension $50.00 Specially requested inspection (per hour) $65.00 Each additional inspection over the allowable $50.00 Residential Restricted Energy Electrical Permit Fees Fee for all systems*: $25.00 Audio and stereo systems Burglar alarm system Doorbell Garage-door opener Heating, ventilation, & air-conditioning systems Landscape lighting & Sprinkler controls Landscape irrigation controls Outdoor landscape lighting Vacuum Systems Each additional inspection $25.00 *For new construction, this permit fee covers all systems listed or can be sold separately. Renewable Energy Systems: 5 KVA or less $79.00 5.01 KVA to 15 KVA $94.00 15.01 KVA to 25 KVA $156.00 Wind generation systems in excess of 25 KVA: 25.01 KVA to 50 KVA $204.00 50.10 KVA to 100 KVA $469.00 For wind generations systems that exceed 100 KVA the permit fee shall be calculated in accordance with OAR 918-309-0040 Solar generation systems in excess of 25 KVA: $6.25/KVA The permit charge will not increase beyond the calculation for 100 KVA. Permits issued under this sub- section include three inspections. Additional inspections will be billed at an hourly rate. Building Permit Reinstatement Fee A building permit expires after a period of 180 days from the date of issue with no inspection activity. To reactivate an expired permit, a fee of $50.00 per construction discipline is required (Building, Plumb- ing, Mechanical, Electrical). State of Oregon Surcharge - ORS 455.210(4) State of Oregon permit surcharge is 12% of structural, plumbing, mechanical and electrical components of the overall building permit. miscellaneous fees and charges page 17 Section 3-Community Development Building Permit Refund Policy The City Ashland Community Development Department offers partial refunds for building permits that have been issued, have had no inspections performed and have not yet expired (six months from issue date). Refunds for permits that have expired are limited to any Systems Development Charges (SDC's) that were part of the permit fees. The following fees are not refundable: • Building Plan Check Fee • Fire Protection Review Fee • 50% of Community Development Fee (maximum equal to Building Plan Check Fee) • 50% of Engineering Development Fee (maximum equal to Building flan Check Fee) The remainder of the permit fees are refundable. A $50 administrative fee will be subtracted from the eligible refund amount for costs associated with the refund process. Refund amounts can be placed on account for future use and no administrative fees are charged. How to request a refund Submit the following documents to the Community Development Department at 51 Winburn Way: • Approved set of plans (stamped) • Job Inspection card • Letter of refund request signed by applicant/owner with mailing address for refund check The refund will be processed within 30 days of the date of the request letter. Excavation/Grading Fees See attachment 1. Exhibit A, Resolution 2006-19 (page 40) page 18 miscellaneous fees and charges Section 4-Electric Electric Miscellaneous Fees and Charges Temporary Service Drop: Single Phase Underground temp 300 amps or less $247.00 Single Phase Overhead temp 300 amps or less $295.00 Three Phase Actual Cost Meter Charges: r Meter Tests for accuracy: Once in twelve months No Charge Two or more times in twelve months $176.00 Meter repairs/replacement (Damaged by,Customer) Actual Cost Non Radio Frequency Meter Charges: Conversion from Radio Frequency (RF) to Non RF meter No Charge Monthly Fee to manually read Non RF meter No Charge Non Sufficient Funds Check Fee: $35.00 Reconnection Charge: Normal working hours $25.00 Other hours or Holidays $100.00 Service Calls: Once in twelve months No Charge Two or more times in twelve months $203.00 Other hours or Holidays $303.00 Service Connection for Applicant: Normal working hours $10.00 Other hours or Ilolidavs $100.00 Deenergize Service $254.00 Scheduled work after hours: Actual Cost Unauthorized Connection: $215.00 miscellaneous fees and charges page 19 Section 4- Electric Line Extension Charges New Single-Family Residential Service: Overhead service in existing developed areas from distribution line to and including meter $580.00 Overhead service upgrade or increased service for 300 amps or less $580.00 Replacement of service from overhead to underground, 300 amps or less. Customer provides all trenching, conduit, backfilling and compaction as directed by the City. $1217.00 Underground residential service of 300 amps or less. Customer provides conduit, trenching, back fill, compaction as directed by the City. $697.00 *Underground Distribution Installation Charges: Per.Lot less house service and engineering fees. $1,186.00 *Subdivisions of 0 to 20 engineering fee per lot $171.00 * Subdivisions of 21+ engineering fee per lot $259.00 *Three Phase subdivision as required by city per lot $259.00 Any overhead/underground service over 300 amps Actual Cost Commercial, Institutional and Industrial Service Actual Cost **Blower Door Leak Test (gas heat customers only) $75.00 * *Duct Leak Test (gas heat customers only) 1125.00 * Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate = % Rate of Adjustment (9515.86-9289.65)/9289.65 = 2.44% Source: Engineering News Record Construction Cost Index (ENR) **Electric heat customers = no fee miscellaneous fees and charges page 20 Section 5-Fire Fire Miscellaneous Fees and Charges Copy Fees: Black and White Copy Letter/Legal Single Sided $ .20 each Black and White Copies Letter/Legal Double Sided $ .40 each Black and White Copies Tabloid Single Sided $ .40 each Black and White Copies Tabloid Double-Sided $ .80 each Color Copy Letter/Legal Single Sided $ 1.50 each Color Copy Tabloid $ 3.00 each Report Fees: Non patient Pre-hospital Care Reports $12.00 for 10 pages or less $15.00 over 10 pages Fire Incident Reports $12.00 for 10 pages or less $15.00 over 10 pages Photographs $12.00 per case request CD/DVD $19.00 per case request Mailing Cost Actual Cost Research Fee: Refer to Section 12 on page 37 Fire Fees: Cost Recovery Equipment *Per Current Oregon State Fire Marshal Standardized Cost Schedule Personnel *S50.00 per person per hour - 2 Hour minimum per person Hazardous Materials Cleanup Actual Cost Emergency Medical Services: FireMed Annual Household Fee-Annual Renewal $55.00 per year FireMed Plus Annual Household Fee-Annual Renewal $95.00 per year Emergency Medical Service Fee -Aid Call $305.42 per patient Ambulance Base Rate (per current rate schedule) $1,039.84 per patient Ambulance Mileage Rate (per current rate schedule) $14.00 per mile Ambulance Base rate for sit-up patients $519.92 per patient Ambulance Waiting Time $25.00 per 1/2 hour Ambulance Stand By (2 hour minimum) $100.00 per hour On scene Coordinator $50.00 per hour Extra attendant $45.00 each Ambulance Service Area 1112013 rate schedule Base rates will be adjusted each calendar year by the most current rate schedule posted by the Center for Medicare/ Medicaid Services (CMS) that sets the "Ambulance ltiation factor". Other rates and mileage charges will be updated as approved by the County Commissioners. miscellaneous fees and charges page 21 Section 5-Fire Fire and Life Safety: Plan Checks: Any Building Permit - 24% of the Building Division Structural Permit Fee and Plan Check Fee New Subdivision or Land Partition - 24% of the Engineering Subdivision Plat Check Fee Other: Fire Hydrant Flow Tests required for new installations will be assessed at $100 per flow test. Any review required by the Oregon Fire Code, and which does not involve a building permit, will be charged at the rate of $50.00 per hour. A minimum charge of $25.00 will be assessed to these reviews. When the Building Division assesses additional fees for plan reviews and/or field inspections, any fire department staff time associated with that activity will be included in their fees at their specified rate. First Aid/CPR Classes: Basic Life Support (BLS) for Healthcare Providers CPR Class $55.00/person Heart Saver CPR & First Aid.Class $55.00/person Heart Saver CPR Class $35.00/person Family and Friends CPR Class $5.00/person Inspection Fees: Initial Inspection (Re-inspection Included) Occupancy Type «B" 0-1,000 SE $35.00 1,001-3000 sf. $52.00 Occupancy Type "A, E, F, H, I, M, S" 0-3,000 sf_ + B 1,001-3,000 $52.00 Occupancy "Type "A,B, E, F, II, 1, M, S" 3,001-10,000 sf. $102.00 10,001-20,000 sf. $152.00 Over 20,000 sf. $203.00 Occupancy Type "R, SR" 3 to 10 Units $52.00 11 to 40 Units $102.00 41 to 70 Units $153.00 Over 70 Units $203.00 Non-Compliance after 2`1 Inspection Inspection Fee + $54.00 Non-Compliance after 3rd Inspection Inspection Fee -t $107.00 Non-Compliance after e Inspection / Subsequent Inspections Inspection Fee + $158.00 Weed Abatement: Staff time Refer to Section 12 on page 37 Mailing Cost Actual Cost Weed Abatement by Contractor Actual Cost page 22 miscellaneous fees and charges Section 6-Information Technology Information Technology Miscellaneous Fees and Charges* Installation Fees: Basic installation-Pre-wired CATV outlets only $ 20.00 (Additional charges for parts and supplies apply) Add Trap ("filter"} $10.00 New customer cable modem activation $10.00 Cable Modem $50.00 Refurbished 90 -day replacement warranty Additional materials $10.00 Over-and-beyond regular installation including multi outlets, outlet plates, additional wiring, replacement of customer damaged outlets. Wi Max standard installation $200.00 Disconnect Fees: Disconnect $50.00 Remove Trap ("Filter") $10.00 Truck Roll: $35.00 Field Technician Hourly Rate: Non-standard work such as advancing troubleshooting, $55.00 non-standard outlets, fishing wire inside walls, etc. Consulting and Technical Support Hourly Rate: For support issues not related to AFN infrastructure, performance, $85.00 and reliability. Minimum charge on hour. Non-City Employee Staff Screening: Charge for each vendor employee submitted for authorization to Access AFN and City Service Center facilities. $150.00 Fiber Service Installation: Overhead served connections Individual Business Case (IBC) & quote Underground served connections IBC & quote Ethernet: Transit @ 100 Mbps IBC & quote Transit @ 1000 Mbps IBC & quote miscellaneous fees and charges page 23 Section 6-Information Technology Static IP Address: $5.00/mo each Maximum of 5 Static Internet Protocol (IP) addresses* • Minimum level of service for static IP and Quality of Service (QoS) is "CHOICE" or higher service tier. QoS Fee: $3.50/mo VOIP (phone) enhancement available with AN Choice or higher service level through AFN certified Modems. Business Augmented Upload Package (additional 5 Mbps): . $15.00/mo Available exclusively on AFN Direct Small Office/Home Office (SOHO) or Small Business Must have current City of Ashland Business License *Additional fee added to base AFN Direct retail rates on specific packages. Maximum SOHO upload speed with augmented upload service at up to 9 Mbps Small Office/Home Office Business Augmented Upload Package @$80/month Maximum Small Business upload speed with augmented upload service at up to 10 Mbps Small Business Augmented Upload Package (a) $100.00/month Non-return of customer premise equipment (CPE) devices: $300.00 CPE's must be returned on disconnect date of AFN services. Cable N (CAN) Seasonal Reconnects & Disconnects: $10.00/visit Disconnects & reconnects Service change Install HBO filter CAN House Amp Fee: 535.00/each Utility Billing Lobby Sicinage Fee: $100.00/mo, Cable Modem Rental $5.00/mo. Non Return of Rented Modem at Closing of Account $50.00each Cable Modem Purchase $50.00/each * Resolution 2010-28 (Section 2, page 38) grants Information Technology management ability to set promotional rates. page 24 miscellaneous fees and charges Section 7-Municipal Court Municipal Court Miscellaneous Fees and Charges Court Administration Fees: Crime Violation Appeal Transcript Fee $35.00 $10.00 City Attorney Deferred Sentence/Diversion $60.00 N/A Civil Compromise Costs $75.00 N/A Compliance Inspection Fee N/A $25.00 Court Appointed Counsel Fees and Charges Billed ranging from $250 - $600 Default Judgment. N/A $15.00 Discovery Fees Imposed in Accordance with Miscellaneous Fee & police Department Resolutions See Police and City Recorder Fees Diversion by Municipal Court: Classes I-IV, A-D Unclassified and Specific Fine Violations N/A Presumptive Fine Extend/Amend City Attorney Deferred Sentence/Diversion $45.00 N/A Failure to appear for Bench Trial/Show Cause hearing $90.00 $70.00 Failure to Appear for JuryTrial $150.00 N/A Forfeiture of Security $25.00 $25.00 Mediation of Violation (Municipal Court Mediation) N/A $65.00 Non Sufficient Funds Check $25.00 $25.00 Court Costs $35.00 $45.00 Expunction $240.00 $240.00 Show cause Admission of Allegation $25.00 N/A Bench Probation Fee $100.00 N/A Bank Costs Warrant $25.00 - Other Domestic Partnership Registration $25.00 All other fees and charges inconsistent with the fees and charges set forth herein are repealed. Nothing in the Resolution is intended to detract from the inherent power of the Court pursuant to general law to im- pose fees and charges established in state law of city ordinance in addition to the fees and charges speci- fied herein. master miscellaneous fees and charges page 25 1 Section 9-Police Police Miscellaneous Fees and Charges Police Reports: $12.00 for reports 10 pages or less $15.00 for reports over 10 pages Research Fee: Refer to Section 12 on page 37 Visa Letters: $19.00 Fingerprints Cards: $35.00 first card $10.00 each additional card Photographs (CD): $19.00 Audio Tapes/ ICQP Videos: $19.00 Non Sufficient Funds Check Fee: $35.00 ImpoundlTow Fee: $105.00 Cash only Taxi Operator License: $20.00 renewal $42.00 new page 26 miscellaneous fees and charges - - Section 9-Public Works Public Works Miscellaneous Fees and Charges Copy Fees: Black and White Copies Letter/Legal Single-Sided $020 each Black and White Copies Letter/Legal Double-Sided $0.40 each Black and White Copies Tabloid Single-Sided $0.40 each Black and White Copies Tabloid Double-Sided $0.80 each Color Copies LetterlLegal Single-Sided $1.50 each Color Copies Tabloid Single-Sided $3.00 each Existing maps printed in color on HP1055CM plotter (241b bond Paper) Arch C 18 x 24 3.00 sq. ft. $18.00 Arch D 24 x 36 6.00 sq. ft. $36.00 Arch E 36 x 48 12.00 sq. ft. $72.00 Existing maps or copies of existing maps copied in B&W on Xerox 3030 large format copier (201b bond paper) Arch C 18 x 24 $2.00 Arch D 24 x 36 $3.00 Arch E 36 x 48 $4.00 Note: Maps printed on materials other than the specified bond are double the standard print fee Plat & Plan Checks: Current Proposed Subdivision Plats (does not include planning review fee See page 11) $741.00 plus $112.00 per lot Condominium Plats $741.00 plus $112.00 per lot Partition Plats (does not include 24% Fire Department Review Fee) $397.00 Subdivision Improvement Plat Check 5% Engineer Fee (5% of the public improvement cost) Engineering Development Fee (this fee is charged concurrently with Building Permit Fees at the time of building permit applications. Applies To all new residential dwelling units and commercial 0.75% of valuation Developments. Remodels, additions and accessory Buildings are not assessed this fee.) miscellaneous fees and charges page 27 Section 9-Public Works Public Works/Engineering Inspections Permits, etc: Subdivision Construction Inspection/ 5% Engineer Fee (5% of Public Works Improvement Inspection the public improvement cost) Street or Alley Excavation Permit $200.00+ based on pavement age Encroachment Permit $200.00 Miscellaneous Construction Permit $65.00 (Construction of curb, sidewalk, driveway Apron, etc.) Bust Suppression Permit $65.00 Driveway Painting Permit $16.00 (includes a can of paint) Right-of Way Closure-Street $200.00 Right-of Way Closure-Sidewalk(>72 hrs) $65.00 Right-of Way Closure-Sidewalk(<72 hrs) $16.00 Right-of Way Closure-Parking Space(>72 hrs) $65.00 Right-of Way Closure-Parking Space(<72 hrs) $16.00 Block Party $16.00 Sidewalk Dining-Annual Renewal $4.50/sq. ft. (minimum 50 sq. ft) ' Functional Item-Annual Renewal $65.00 Special Event Permits (per Resolution 2012-08): Base Special Event Permit Fee (plus applicable $132.00 Fees below) Events that require city staff overtime 60% of city staff O/T Rush Fee (less than 90 days advance notice) $250.00 page 28 miscellaneous fees and charges Section 9-Public Works Public Works/Engineering Inspections, Permits etc. (coat) Loaded Functional Item, Pennant Application Fee $135.00 Publication Boy: Per Publication-Annual Renewal $27.00 Special vehicle Permit-Initial Fee $276.00 Special vehicle Permit-Annual Renewal $111.00 Penalty for No Permit 150% of permit cost Street or Alley Vacation $669.00 An administrative fee of 25% will be assessed on all permit refunds. Refunds will not be issued if requested later than one-year following the application date. GIS Data & Mapping Services: GIS Hourly Rate $81.00 Information on Disk $11.00/utility per Quarter section Planning Pre-Application Maps $22.00 Plotting Fee $6.00/square foot New Address Assignment $38.00/address # Street Name Approval Fee $107.00 miscellaneous fees and charges page 29 Section 9-Public Works Sanitary Sewer Connection Fees: Sanitary sewer mainline video inspection $325.00 minimum (cost based on time and materials) Water Connection Fees: The installation of all new water services and large taps regardless of size will be charged on a time and materials basis. First Utility Locate at an address No Charge Additional Locates at same address $71.00 Water meter re-read Once in 12 months No Charge Each additional re-read in 12 months $32.00 Water Meter Field Test $56.00 Water Meter Bench Test 3/4" or 1" Water Meter $110.00 1 1/2" or 2" Water Meter $206.00 Larger Meters Actual Cost Water pressure check once in 12 month No Charge Each additional pressure check in 12 months $40.00 Water Chlorination Test -Subdivision retest upon failure (cost based on time and materials) $653.00 Water Pressure Test -Subdivision retest up failure (cost based on time and materials) $391.00 page 30 miscellaneous fees and charges Section 9-Public Works Cemetery Fees: Sales of grave spaces or burial plots: (fees split, 40% to the cemetery fund & 60% to the cemetery trust fund) Grave Space -Lawn and Monument Sections $514.00 Grave Space -Baby Land $162.00 Grave Space -Niches (bronze) $434.00 Grave Space -Urn garden $162.00 Grave space -Crypt $1,087.00 Sales of liners and markers: (fees split, 40% to the cemetery fund & 60% to the cemetery trust fund) Concrete cemetery box, including setting $434.00 Concrete liners Cost plus 10% Final inscriptions $158.00 min charge Niche Vases $162.00 Grave markers Wholesale cost X 2.5 not to exceed $700.00 Grave marker setting, concrete base $162.00 Monticello burial vault (sealed concrete) $1,196.00 miscellaneous fees and charges page 31 Section 9-Public Works Sexton Fees: Opening and closing graves, ground $434.00 Opening and closing graves, double-deep $488.00 Opening and closing graves, infalit $162.00 Opening and closing crypts $434.00 Opening closed crypts $434.00 Opening and closing niches $110.00 Opening closed niche $110.00 Inter cremains in grave spaces $162.00 Scattering of cremains $110.00 Disinterment $1,081.00/in advance Saturday, Sunday or Holiday burial $434.00 Miscellaneous Fees: Grave Setup Rental $108.00/occurrence Tent Rental $54.00 Perpetual care lots, sold before 1927 $110.00 Vases: Galvanized $44.00 *cemetery fees will be subject to a 1.5% finance charge per month if not paid within 60 days of use. All above services will be sold pre-need in installments, interest free, with a minimum payment of one-twelfth of the total sale. 2013 CPI and ENR Calculations: Methodology: Current CPI Rate - Old CAI Rate/Old CPI Rate = % Rate of Adjustment (236.293-232.773)/232.773=1.5% Methodology: Current ENR Rate - Old ENR Rate/Old ENR Rate = % Rate of Adjustment (9701.96-9455.98)/9455.98=2.6% CPI used for: ENR used for: Plat & Plan Checks Sanitary Sewer Connection Fees Public Works/engineering Inspections, Permits, etc. Water Connection Fees GIS Data & Mapping Services Cemetery Fees page 32 miscellaneous fees and charges Section 90 - Parks and Recreation now ASHLAN131 PARKSRE4C.- R.EAYIC3N Section 10 Parks and Recreation Miscellaneous Fees and Charges miscellaneous fees and charges page 33 Section ?0-Parks and Recreation Parks Miscellaneous Fees and Charges Wedding Packages: Lithia Park Sites $800.00/8 hrs. $400.00/4 hrs. Community Center $1,150.00 park site included Pioneer Hall $1,150.00 park site included Group Picnic Rentals: Cotton Memorial Area $75.00/4 hrs. Madrone Area $60.00/4 hrs. Top Southern Lawn $55.00/4 hrs. Hillside Picnic Area $55.00/4 hrs. Sycamore Grove $75.00/4 hrs. Brinkworth Area $60.00/4 hrs. Lawn below Upper Duck Pond $60.00/4 hrs. Butler Bandshell $220.00/8 hrs. Deposits: Picnic Areas $75.00 Lithia Park Weddings $75.00 Butler Bandshell $190.00 Buildings Security $300.00 for events (refundable) $150.00 for meetings (refundable) Special Event Fees: Special Event Application Fee $25.00 Street Closure Fee $75.00 Park Booth fee $25.00/per booth (max. 10) Alcohol Fee: $150.00 (non-refundable) General Building Reservations: The Grove Full Facility $41.50/hr. on weekdays $50.00/hr. on weekends The Grove Otte/Petterson $22.50/hr. on weekdays $25.00/hr. on weekends Hunter Park Senior Center $21.00/hr. on weekdays $33.00/hr. on weekends Long Term User Fee $18.00/hr_ (at least 6 days/yr) Oak Knoll Golf Course $21.00/hr. on weekdays $33.00/hr. on weekends Pioneer Hall/Community Center $21.00/hr. on weekdays $33.00/hr. on weekends Miscellaneous Equipment Fee $100.00 Field Usage: Tournaments $36.50/day each team Ball field Lights $34.00/hr page 34 miscellaneous fees and charges Section 90-Parks and Recreation Calle Seating: Artisans $7.00/sq. foot Restaurant Seating $6.00/sq. foot Daniel Meyer Pool: Admission $2.00 Lap Swim $2.50 Water Aerobics $3.25 Swim Lessons $40342/$48 (age of child/length of lesson) Private Lessons $18.00 Open Swim punch card $30.00 Lap Swim punch card $40.00 Water Aerobics punch card $55.00 Season Pass $140.00 Youth Recreation Programs: 60/40 split with instructor and Parks Department Adult Recreation Programs: 60/40 split with instructor and Parks Department Ashland Rotary Centennial Ice Rink: Youth Admission $3.50 Adult Admission $4.00 Skate Rental $2.50 Adult Hockey Admission $5.50 Youth Hockey Admission $5.00 Adult Ilockey Punch Card $50.00 Youth Hockey Punch Card $45.00 Open Skate/Kids Only Punch Card $30.00 Ice Skating Private Lesson $10.00 per 30mins Helmets $8.00 Group Rental $5.00 Oak Knoll Golf Course Annual Passes: Annual Pass-Single $1,100.00 Annual Pass-Family $1,540.00 Daily Adult Fees (apes 18 to 54) 9 Hales: November-February $14.00 March-October $16.00 18 Holes: November-February $20.00 March-October $24.00 Daily Coupon Rate $10.00 miscellaneous fees and charges page 35 Section 10-Parks and Recreation Daily Senior Fees (ages 55 & up) Monday-Friday Only 9 Holes: November-February $12.00 March-October $14.00 18 Holes: November-February $18.00 March-October $22.00 Daily Junior Fees (apes 8 to 17) , 9 Holes: Year-Round $5.00 18 Holes: Year-Round $10.00 Driving Range One token (35) balls $3.00 Cart Fees (per person) 9 Holes: Year Round $10.00 Year Round Senior rate $8.00 18 Holes: Year Round $13.00 Community Garden Fees: 10x10 $29.00-$34.50 depending on location l 0x20 $49.00457.50 depending on location 20x20 $75.00-$86.50 depending on location 4x12 $29.00 Refundable Deposit $20.00 Nature Center School Programs: $200.00/Class Nature Center Community Programs: 70/30 split with instructor and Parks Department Oak Knoll Golf Course Wedding Fees: November-February $1,500.00 - full day November-February $800.00 - half day March-October $750.00 - full day March-October $400.00 - half day Maps: City of Ashland Map $3.00 (or 2 maps for $5.00) Watershed Map $3.00 (or 2 maps for $5.00) page 36 miscellaneous fees and charges Section 91-Rates and Charges Set by Separate Resolutions Rates and Charges Set by Separate Resolutions Listed Below* System Development Charges (SDCs) Parks and Recreation SDCs -Resolution 2000-29 Transportation SDCs -Resolution 1999-42 Sewer SDCs -Resolution 2006-27 Storm SDCs -Resolution 2002-15 Water SDCs -Resolution 2006-27 Utility Rates and Fees AFN Utility Fees -Resolution 2010-28 Electric Ratcs - Resolution 2014-06 Sewer Rates -Resolution 2014-03 Storm Drain Fees -Resolution 2014-05 Transportation Fees -Resolution 2014-04 Water Rates -Resolution 2014-02 SECTION 12 - Research Fee A_ The City shall charge a research fee based on the hourly wage of the staff person doing the re search, and the fee shall be billed in fifteen minute increments. The hourly wage used to calcu- late the research fee shall not include the cost of benefits. The City will establish a fee in its an- nual fee resolution that is reasonably calculated to reimburse the City for the actual cost of mak- ing public records available, including locating the requested records, reviewing the records to delete exempt material, supervising a person's inspection of original documents to protect the integrity of the records, summarizing, compiling, or tailoring a record, either in organization of media, to meet the person's request. The City may charge for search time even if it fails to locate any records responsive to the requestor even if the records located are subsequently determined to be exempt from disclosure. Copies of documents provided by a routine file search of 15-30 minutes or less will be charged at a copy rate established in the annual fee resolution. B. The City may include a fee established to reimburse for the costs of time spent by the city attorney in reviewing the public records, redacting materials from the public records into exempt and nonexempt records. The City fee may also include the cost of time spent by an attorney for the City in determining the application of the provisions of ORS 192.505. C. The City may not establish a fee greater than $25 unless the requester is provided with written notification of the estimated amount of the fee and the requestor confirms in writing that he/she wants the City to proceed with making the records available. D. Prepayment shall be required if the amount of the request is greater than $25. If the actual charges are less than the prepayment, and overpayment shall be refunded. *All of the above resolutions can be found in full text on the City of Ashland's Website: hup.llashland.or.us miscellaneous fees and charges page 37 Section 93 - Building Valuation Data Community Development Department -Building Safety Division Methodology for calculation of permit valuation tcc INTERNATIONAL 11 1 World' U N C I C People Helping People Build a Safer Building Valuation Data - February 2014 The International Code Council is pleased to provide the does not take into account any regional cost differences. As following Building Valuation Data (BVD) for its members. The such, the use of Regional Cost Modifiers is subject to the BVD will be updated at six-month intervals, with the next authority having jurisdiction. update in August 2014. 1CC strongly recommends that all permit Fee Multiplier jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their Determine the Permit Fee Multiplier. current code enforcement related activities. 1. Based on historical records, determine the total annual The BVD table provides the "average" construction costs per construction value which has occurred within the square foot, which can be used in determining permit fees for jurisdiction for the past year, a jurisdiction. Permit fee schedules are addressed in Section 2 Determine the percentage of the building 109.2 of the 2012 International Building Code (IBC) whereas department budget expected to be provided by building Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a permit revenue. Permit Fee Multiplier, which is based on the Iota! construction Bldg. Dept. Budget x value within the jurisdiction for the past year. The Square Foot Permit Fee Multiplier - Construction Cost table presents factors that reflect relative Total Annual Construction Value value of one construction classification/occupancy group to Example another so that more expensive construction is assessed greater permit fees than less expensive construction. The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees. ICC has developed this data to aid jurisdictions in determining The total annual construction value which occurred within the permit fees. It is important to note that while this BVD table jurisdiction in the previous year is $30.000,000. does determine an estimated value of a building (i.e.. Gross Area x Square Foot Construction Cost), this data is only $300,000 x 7556 Permit Fee Multiplier= =0,0075 intended to assist jurisdictions in determining their permit fees. $30,000,000 This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not Permit Fee representative of specific construction. The permit fee is determined using the building gross area, the This degree of precision is sufficient for the intended purpose, Square Foot Construction Cost and the Permit Fee Multiplier. which is to help establish permit fees so as to fund code Permit Fee = Gross Area x Square Foot Construction Cost compliance activities. This BVD table provides jurisdictions x Permit Fee Muttiplier with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine Example the cost of construction. Therefore, the bidding process for a Type of Construction: IiB particular job and other associated factors do not affect the Area: 1st story = 8,000 sq. ft. value of a building for determining the permit fee. Whether a 2nd story = 8,000 sq_ ft. specific project is bid at a cost above or below the computed Height: 2 stories value of construction does not affect the permit fee because Permit Fee Multiplier = 0.0075 the cost of related code enforcement activities is not directly Use Group: B affected by the bid process and results, 1. Gross area: Building Valuation Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft. The following building valuation data represents average 2. Square Foot Construction Cost: valuations for most buildings. In conjunction with IBC Section BIIIB = $158.70/sq. ft. 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it 3. Permit Fee: should be noted that, when using this data, these are Business = 16,000 sq. ft_ x 5158.701sq. ft x 0.0075 "average" costs based on typical construction methods for = $19,044 each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and page38 miscellaneous fees and charge Section 13 - Building Valuation Data Important Points • For purposes of establishing the Permit Fee Multiplier, the • The BVO is not intended to apply to alterations or repairs estimated total annual construction value for a given time to existing buildings- Because the scope of alterations or period (1 year) is the sum of each building's value (Gross repairs to an existing building varies so greatly. the Square Area x Square Foot Construction Cost) for that time period Foot Construction Costs table does not reflect accurate (e.g., 1 year). values for that purpose. However, the Square Foot Construction Costs table can be used to determine the The Square Foot Construction Cost does not include the cost of an addition that is basically a stand-alone building price of the land on which the building is built. The Square which happens to be attached to an existing building. in foundation o Construction Cost takes into account everything from the case of such additions, the only alterations to the work to the roof structure and coverings but would involve the attachment of the does not include the price of the land. The cost of the land existing building does enforcement addition to the existing building and the openings between activities not affect and ect is the not cost included in related the code Square Foot the addition and the existing building. Foot Construction Cost. Square Foot Construction Costs a d Groin- 2012?Internationai Building Code) _lA IB IIA _ • 118 {f{A 1118 IV VA VB' A-1 Assembly, theaters, with stage 224.49 217.12 211.82 202.96 190.83 185.33 19_6.14_ 174.43 1 167.83 20531 198.34 193.04 184.18 172.15 166.65 177.36 155.75 148.15 A•1 Assembly, theaters, without stage A-2 Assembly, ni hWubs 177.15 172.12 167.31 160.58 150.83 146.74 154.65 135.68 i 132.81 A-2 Assembly, restaurants, bars, banquet ha8s 176.15 171.12 16531 159.58 148.63 14574 153.65 134.68 131 61 A-3 Assemb , churches _ 207.73 200.36 195.06 186.20 174.41 168.91_ 179.38 158.02 151.41 A-3 Assembly, general, oommuni halls libraries museums 173.36 165.99 159.69 151.83 138.90 134 40 145.01 122,50 116.89 AA Assembly, arenas 204.71 197.34 191.04 183.18 170,15 165 65 176.36 153.75 148.15 B Business - 1_79_29 17_2.71_ 166.96 158.70 144.63 139.20 15143 126.93 121.32 E Educational 19_2.11_ 185.49 18D.05 171,90 160.09 151 62 165.97 139.90 135.35 F-1 Facto and industrial, moderate hazard 108.42 203.32 97.18 93.38 83.24 79.62 89.22 68.69 64.39 F-2 Factory industrial, low hazard 10742 102.32 97.18 92,38 83.2U7Z95 88.22 66.69 63.39H-1 Hi h Hazard ex losives 101.539644 91.29 86.49 77.582.34 63.02 N.P. H234 H h Hazard 101.53 96,44 91,29 86.48 77.582.34 63.02 57.71 H-5 HPM 179 29 172.71 166.98 158.70 144.615243 126.93 12132 1.1 Institutional su ervised environment 177 76 171.50 166.52 159.45 146.3159.13 113119 i 126.72 1-2 institutional, hospitals 30_2.44_L295.85 290.11 281.84 266.80 N.P. 275.58 249.09 N.P. ! I.2institutional, nursing homes T 209.38 20279 197,05 188.78 _ 175.72 N.P. 182.52 158.01 N.P. 1-3 lnstitulional, restrained 204.27 197.68 191,94 183.67 171,10 164.68 177.41 153.40 145.80 1.4 Institutional, day care facilities 17776 l 171.50 166.52 159.45 148.31 14245 159.13 131.29 126.72 M Mercantile 132.04 127.01 121.20 115.47 105,47 11)2.39 109.54 0133 88.45 R-1 Residential, hotels Y 17914 17_2.89 167.90 160.83 147.95 144.10 160.52 132.93 128.36 R-2 Residential, multiple farnil 150.25-1 143.99 139.01 131.94 119.77 _115.91 131.62 104.74 100.18 R-3 Residential, one- and two-family141.80 137.90 134.46 131,00 125.88 122 71 128.29 117.71 110.29 RA Residential, carelassisted liivin facilities 177.76 171.50 166.52 159.45 14_6.31__ _142._5_ 159.13 131.29 126.72 _ S-1 Storage, moderate hazard _ 100.53 95.44 89.29 65.49 75.57 _ 71.95 81,34 61.02 56.71 _ S-2 Storage, low hazard 99.53 94.44 89.29 64.49 I 75.57 70.95 _80.34_ 61.02 55.71 t U Utility, miscellaneous 75.59 71.22 66.78 63 37 ` 58.99 5322 _60 41_ 44 60 42.48 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq. ft. c. For shell only buildings deduct 20 percent d. N.P. =not permitted miscellaneous fees and charges page 39 Miscellaneous Fees and Charges Attachment 1. CITY OF Exhibit A /r ^AS H LAN Dr GRADING FEES General. Fees shall be assessed In accordance with the provisions of this section. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as at forth in Table A. Separate plan review fees shall apply to retaining walls or major drainage structures as required. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever Is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City of Ashland, Building Dept as set forth In Table B. Separate permits and fees shall apply to retaining walls or nu, or drainage structures as required. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A- GRAVING PLAN REVIEW FEES 50 cubic yards or less No Fee 51 to 100 cubic yards $100.00 101 to 10,09 cubic yards $125.00 1,001 to 10,000 cubk yards $150.00 10,001 to 100,000 cubic yards $100.00 for the first 100,000 cubic years, plus $25.00 for each additional 10,000 yards or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans $65.25 per hour` minimum charge - one-half hour *Or the total hourly cost to the City, whichever Is the greateeL This coat shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE a - GRAVING PEFtmrT FEES' 50 cubic yards or loss No Fee 51 to 100 cubic rds $75.00 101 to 1,000 cubic yards $75.00 for the first 100 cubic yards plus $25.00 for each additional 100 cubic yards or fraction thereof. Other Inspections and Fees: • Inspections outside of normal business hours (minimum charge -two hours)$65.25 per hour • Reanspection fees $6515 per hour • Inspections for which no fee Is specifically indicated (minimum charge-one half hour) $65.25 per hour The fee for a grading permit authorising additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project :Or the total hourly cost to the City, whichever Is the greatest This cost shall include supervision, overhead equipment, hourly wages and fringe benefits of the employees involved. page 40 miscellaneous fees & charge Miscellaneous Fees and Charges --Miscellaneous fees & charges page 41 CITY OF -ASHLAND Council Communication May 19, 2015, Business meeting Approval of Cooperative Improvement Agreement with ODOT Concerning Siskiyou Welcome Center and Rest Area FROM: Doug McGeary, Legal Department, legalcontractor@ashland.or.us SUMMARY At its April 7, 2015, meeting, the City Council requested legal staff to return to IGA negotiations with ODOT to establish more favorable conditions for development of the Welcome Center. This agenda item is to present for Council the results intended to satisfy these remaining conditions. BACKGROUND AND POLICY IMPLICATIONS: Please see enclosed memorandum of Doug McGeary, with attachments and exhibits. COUNCIL GOALS SUPPORTED: N/A. FISCAL IMPLICATIONS: All costs for extension of water and sewer services will be borne by ODOT. Revenue from the water and sewer charges to the SWCRA will be insignificant. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the intergovernmental agreement with ODOT. SUGGESTED MOTION: I move approval and authorize the City Administrator's signature of a Cooperative Improvement Agreement to Provide Water and Sewer Services to the Siskiyou Welcome Center and Rest Area. ATTACHMENTS: Memorandum from Doug McGeary (with Draft Final Agreement and Draft Final Agreement with track changes) ODOT cover letter, IGA Conditions, SRA Fence Layout, Lease Amendments Resolution 2015-03: http://records.ashland.or.us/WebLink8/DocView aspx?id=112782&dbid=0; February 3, 2015 Minutes: http://www.ashland.or.us/SIB/files/0203-2015 COUNCIL _MIN.pdf February 17, 2015 Minutes: http://www.ashland.or.us/SIB/files/2015-0217 MIN pdf April 7, 2015 Minutes: http://www.ashland.or.us/A~4endas.asp?Display=Minutes&AMID=5942 Page 1 of 1 11VAX, LEGAL DEPARTMENT Douglas McGeary City Attorney MEMORANDUM DT: 5/1212015 TO: Mayor and City Council Members City Administrator FR: Douglas M. McGeary, Legal: x-2105 RE: Welcome Center Agreement and State Proposed Revisions The Cooperative Improvement Agreement between the City of Ashland and the State of Oregon establishes construction and operation commitments underlying the City's provision of water and sewer services to the Siskiyou Welcome Center and Rest Area outside the southern edge of the City's boundary. At the February 17, 2015 meeting of the City Council, Council members expressed various concerns and suggestions, mainly about public safety and water conservation. Since no vote was taken on the IGA, the extent to which particular concerns or suggestions were supported by a majority of Council members was left uncertain. At the April 7, 2015 meeting the council reviewed specific terms and conditions in the IGA intended to reflect all of the substantive concerns and suggestions raised by Council members. Although the draft IGA met most of the concerns expressed by Council members, there were several items that remained unclear or that were inadequately addressed. The Council asked for further revisions to address the following issues: 1. A more definite statement on the type and scope of staffing intended to operate the Welcome Center throughout the year; 2. Timelines as to when the Welcome Center project would be completed; 3. Improving the security of the perimeter fence, including enlarging the fence from an six foot fence to an eight foot fence. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fait: 541-552-2092 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us LEGAL DEPARTMENT Douglas McGeary City Attorney 4. Installing a fire suppression sprinkler system and a metal roof on the Welcome Center; 5. Establishing a water curtailment process to which ODOT will be subject. After negotiations on the above issues, the Oregon Department of Justice attorney representing ODOT has provided a revised version of the IGA reflecting IGA changes which the parties were able to tentatively agree upon, but also identifying a few remaining issues. That second revised and final version of the IGA is presented as attached Final Agreement. I have also provided a version tracking the changes which is presented as Final Agreement with track changes. Again, ODOT accepted most of the City's proposed changes to the IGA. As for the items that differ from Council's preferred version, the differences are mostly over decisions made in the County's previous land use process to approve the development. It is problematic to seek changes to those decisions without violating the various parties' rights guaranteed under that process. SUBSTANTIVE CHANGES In addition to the previously accepted changes, the IGA from Council meeting of April 7, 2015 as found in Final Agreement with track changes, is changed as follows: Under State Obligations: • Sections 1 and 3.1, language was added to clarify that the State will be deemed a "government agency" in order ensure that it is uniformly treated under the City's ordinances for water curtailment pertaining to all other government agencies. The language was further improved to provide for a reliable remedy should ODOT uses exceed its allotted amount, again as provided under the City's existing ordinance scheme. • Section 4.1 addresses not only the scope of staffing year round at the Welcome Center as presented in the Travel Oregon letter attached to the Agreement, but it also provides for the method by which employees and staff will be screened consistent with standards of the industry. o The Travel Oregon letter, attached to the IGA as Exhibit B, provides a more explicit description of Travel Oregon's designs and expectations for the Welcome Center. In short, they anticipate that the Welcome Center will operate employing an 8 hour per day staff throughout the visitor season and likely a 40 hour/week during the off season. Travel Oregon further explains through this letter its commitment and expectation to utilize volunteer services. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Sheet Fax: 541-552-2092 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us LEGAL DEPARTMENT Douglas McGeary City Attorney • Section 5.3. The State cannot change its fence to eight feet due to land use restrictions consistent with decisions in the county land use process. OD.OT, however, will place a secure and barbed wire protected gate to the site. In addition, it will provide a second perimeter 6' fence which will further improve security where the nearby residents voiced concern. • In Section 5.7, the State and City engineers are formulating the design that enlarges the emergency-only water service capability to the Welcome Center site to accommodate a fire suppression sprinkler system, as well as a hydrant to further accommodate the surrounding neighbors' and Council members' wild fire concerns. • The State is unable to place a metal roof on the Welcome Center given that its architectural design, again, was a subject in the notice and discussions at the county's land use approval process. The asbestos, asphalt shingle design, however, remains a well-recognized reliable fire resistant treatment, which in combination with the sprinkler system is expected to provide fully sufficient fire protection to the facility and surroundings. LEGAL DEPARTMENT Tel: 541-488-5350 20 East Main Street Fax: 541-552-2092 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.onus Misc. Contracts and Agreements No. 28833 DRAFT F[NAL AGREEMENT COOPERATIVE IMPROVEMENT AGREEMENT To Provide Water and Sewer Services to Siskiyou Welcome Center and Rest Area City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Interstate 5 (Pacific Highway No. 1, 1-5), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110 366.572 and 366.576. State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects With the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State closed the former Siskiyou Welcome Center and Rest Area (SWCRA) in 1997. Jackson County approved the land use application to construct a replacement SWCRA and to permit the extension of water and sewer services to this facility, which is to be located at 1-5, Mile Point 12.5 near Crowson Road and just outside the Agency Urban Growth Boundary in Jackson County hereinafter referred to as "Site", 4. In 2011, Agency approved State's request to extend water and enhancement of sewer to the SWCRA facility with conditions. 5. Of those conditions in the Agency's 2011 decision, the relevant ones in this case were that: a. The State was to complete the development of the SWRCA in four years or June 21, 2015; and b. The State and the Agency were to draft and execute an intergovernmental agreement that ensures funding of construction and operation that is acceptable to the Mayor and Council of the City of Ashland. Page 1 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 6. On February 17, 2015, the Agency agreed by resolution to waive the four year deadline to complete development of the SWRCA. The Agency, however, retained the requirement for an intergovernmental agreement to ensure funding of construction and operation that is acceptable to the Mayor and Council, which is represented by this Cooperative Improvement Agreement, Furthermore, this Agreement is intended to address under what conditions the Agency has authority to terminate water service to SWCRA. NOW THEREFORE, the facts being as stated in the foregoing Recitals, it is agreed by and between the Parties hereto that the following is of material essence to this Agreement: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree State shall design and construct new water and sewer line services to the SWCRA facilities, hereinafter referred to as "Project." The Project is the extension of a new potable-use water line and the enhancement of an existing sewer line to the Site. Among other terms and conditions under State Obligations listed below, potable water provided by Agency will not be used for irrigation purposes on the Siskiyou Rest Area site. The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of $300, 000 in state funds. The estimate for the total Project cost is subject to change. State shall be responsible for Project costs beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing operation and maintenance responsibilities, in perpetuity. The Project shall begin construction at the earliest possible opportunity following the date of final execution of this Agreement by both Parties, and once begun, the extension of water and sewer lines shall be completed within two (2) calendar years. AGENCY OBLIGATIONS 1. Agency shall allow the extension and hook up of water service and sewer service to the SWCRA facility within two (2) weeks of request from State. 2. Agency shall invoice State for governmental use of water and sewer services extending outside of the Agency's city limits for the SWCRA facility. 3. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. Page 2 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 4. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 5. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 6. Agency's Project Manager for this Project is Dave Kanner, City Administrator, 20 East Main, Ashland, OR 97520, 541-488-6002, dave.kanner@ashland,or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall pay all fees for governmental water and sewer rates for services extending outside of the Agency's city limits. State shall comply with Agency's water and sewer services ordinances and resolutions, including Agency system-wide orders or requests to condition and/or curtail customer water usage. State is a government agency for purposes of curtailment. 2. State shall be responsible for 100 percent of use of water and sewer service costs associated with the SWCRA. State shall require the Agency to send invoices directly to State. 3. State agrees to use Agency supplied water for potable purposes only and agrees State will not use Agency's supplied water for irrigation purposes. 3.1 Potable water volume use from the City of Ashland water system will not exceed an average of 200 cubic feet per day unless otherwise agreed. Willful violations are subject to Ashland Municipal Code 14.06.090. 3.2 State will observe and comply with findings, conclusions, and resulting decision of Jackson County Ordinance 2014-1 as supported by the Jackson County Planning Commission's recommendation as adopted as it relates to three year minimum irrigation water supply and replacement of landscape vegetation. 3.3 Where practical and in concert with Jackson County land use conditions of approval, State will design the site to maximize water conservation such as enlarging water storage capacity, installing water conservation fixtures, planting drought resistant landscape vegetation, and the use or recycling of gray water. 3.4 State will maintain all potable water usage records relating to this Agreement. in an Page 3 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 annual report. In addition, the State will maintain and cause its tenant to maintain any other records pertinent to this Agreement in such a manner as to clearly document State's performance hereunder. The State acknowledges and agrees that Agency and its duly authorized representatives shall have access to such records and to all other books, documents, electronic files, papers, plans and writings of the State and/or its tenant that are pertinent to this Agreement for the purpose of performing examinations and audits, and making excerpts and transcripts. 4. State will provide in any lease agreement of the Welcome Center, or in the case of the existing Cooperative Improvement Agreement No. 28940, to be amended to provide for: 4.1. When open to the public, the Welcome Center will be staffed in a manner generally consistent with the intent of Exhibit "B". Welcome Center staff will be screened in a manner that is consistent with state and federal law and tenant's normal business practices. 4.2 The tenant will accommodate volunteers. 4.3. Tenant will provide Wi-Fi services and public access to an electrical outlet or charging station for handheld electronic devices. This provision may be altered to accommodate communication technology advances that occur over the duration of the lease. 5. State shall ensure that the Siskiyou Welcome Center facility include space for an Oregon State Police work center. 5.1 State will provide Ashland Police Department and the Ashland Fire and Rescue Department the entry gate access code to permit emergency vehicle (which includes police patrol vehicles) access to the Site by means of the approved access road to the Site in addition to the freeway access for such purposes as to provide a physical presence to secure against criminal and other unlawful and nuisance activities, and for such purposes as to perform public safety, crime and fire fighting and prevention duties. (See Conditions of Approval, Item 11, LPR2007-00008, p. 43) 5.2 State will install closed circuit television cameras (CCTV) according to Conditions of Approval, Item 26 of LPR2007-00008, p. 45. 5.3 The fence along Crowson Road g will include gating that is continuously locked to allow access only for authorized personnel and vendors operating the Welcome Center and emergency and law enforcement personnel. The gate will be secured with barbed wire. 5.4 State will utilize best practices to install adequate security lighting while maintaining "Dark Skies" standard consistent with Jackson County LPR 2007-00008 Condition 10. Page 4 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 5.5 State will designate a "Smoking Area" in a designated outside area that is safe from fire hazards and provide an adequate number of cigarette butt containers. State will enforce a "No Smoking" policy in areas where Smoking is prohibited. 5.6 A first aid kit and a defibrillator will be stored at the Welcome Center. 5.7 The Welcome Center building will be constructed with an interior fire sprinkler system contingent upon City approval to extend the water line, and will install a fire hydrant and remote meter. 6. Where reasonably practical, State will fully design and install fire safety measures comprising the Welcome Center site and water system, which shall include, but not be limited to, building with fire resistant or non-combustible materials and roofing, a minimum 2-inch water outlet, firewise landscaping as approved by Jackson County, defensible space guidelines and weed abatement protocols, smoking areas located in areas away from the buildings that are safe from fire hazards and signage. 7. ODOT will comply with the Integrated Vegetation Statewide Management Plan and where reasonably practical, State will comply with Ashland Municipal Code Chapter 9.28 requirements for any application of pesticides, herbicides, and growth retardants on the SWCRA site. 8. State will comply with all terms, findings, and conditions or approval under the land use actions of Jackson County Ordinance that include 2009-7 together with 2011-9 and all adopted findings, conclusions, recommendations and conditions under LPR2007-00008, and 2014-1 with adopted finding, conclusions, recommendations and conditions under LPR2013-0005. 9. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 10. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all 'construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 11. State shall be responsible for all costs associated with construction and installation of the Project. 12. State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project. Page 5 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 13.State shall construct the Welcome Center and Safety Rest Area as one construction project. 14. State's Project Manager for this Project is Tim Pletcher, Project Manager, 100 Antelope Road, White City, OR 97503, timothy.w.fietcher .odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual consent of both parties. 2. This Agreement may be terminated by either Party upon thirty (30) days' notice in writing and delivered by certified mail or in person, under, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. C. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. e. If State uses Agency supplied water for irrigation purposes or willfully violates those conditions set forth in the respective obligations dictated above. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party 2 copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative Page 6 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. Page 7 Key No. 09436 09-04-13 SEE NEXT PAGE FOR SIGNATURES Page 8 Key No. 09436 09-04-13 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #09436 that was adopted by the Oregon Transportation Commission on March 21, 2012, (or subsequently approved by amendment to the STIP). CITY OF ASHLAND, by and through its STATE OF OREGON, by and through its elected officials Department of Transportation By By Region 3 Manager Date Date APPROVAL RECOMMENDED By By Date District Area Manager APPROVED AS TO FORM Date By State Contact Counsel Date Tim Fletcher, Project Manager 100 Antelope Road Agency Contact White City, OR 97503 Dave Kanner, City Administrator 541-774-6356 20 E. Main St. Timothy.W.Fletcherna odot.state,or.us Ashland, OR 97520 541-488-6002 Dave. kanner ashland.or.us Page 9 Key No. 09436 09-04-13 EXHIBIT A Project Location Map i ...--iii-•... -1 v.-! ~ r Y•:. ~ .hl `ice ~..M1 Si'.'r lam' _ ..-r. 'n 17, c Project Location ~ ~ u i H%p° Cyr - ` ~ ;t' _ _ ' 'fir .•),i• 'ti... w i +iwl." , ?..:i'.T' :'t ;~tei::Yf'ity tisi t.` r7 .,,t.,., . . . ii...~ 7r Key No. 09436 09-04-13 Exhibit "E'" f f May 11, 2015 Mayor John Stromberg & City Council Members 20 Fast Main St. Ashland, OR 97520 Mayor Stromberg and Councilors, The Oregon Tourism Commission, dba Travel Oregon, operates a system of State Welcome Centers with statutory authority to do so, The agency was created in 2003 to enhance Oregon's quality of life by strengthening economic impacts of the state's $10.3 billion tourism industry. Welcome Centers, along with the vast network of local visitor centers and other information available both online and in print, are key components to Oregon's overall tourism industry, Over the past decade, travel planning, way-finding and other elements of the travel experience have seen tremendous change and we have every expectation that will continue, There are more generations traveling to and throughout our state than ever before in history - each traveler is unique as is each generation. It is our intent to evolve our marketing, sales and development efforts to best reflect the ever changing demands of travelers. During the April 7, 2015 Ashland City Council's deliberations on whether or not to provide water and sewer service to the proposed Siskiyou Safety Rest Area/Welcome Center, the Council raised several questions regarding staffing at Welcome Centers that we are writing to address. Regarding the use of volunteers, we rely on both paid personnel and volunteers to serve visitors at every Welcome Center. Volunteers are an important part of our staffing model and we will look forward to having volunteers from the Rogue Valley area share their knowledge and information about local favorite spats at the proposed Siskiyou Welcome Center, Staffing of the State Welcome Center is directly related to serving visitors, Currently, State Welcome Centers are operated and staffed using three primary models - direct staff, temporary staffing, contract staffing, Direct Staffing: The Welcome Center at PDX is the only center in the system at which Travel Oregon staff work full time. Three employees are directly tied to this Welcome Center to serve visitors. Along with direct staff, temporary staffing and volunteers are deployed to effectively meet visitor service demands. The PDX Welcome Center is open 7 days per week, 365 days per year from approximately 9a- 10p, Staffing is increased or decreased based on fluctuations in travel, including major holidays and other factors such as inbound flight load. v ~ f " Temporary Staffing: Some Welcome Centersruse temporary staffing to provide visitor services (Ontario, Klamath Falls, for example). At these centers, Travel Oregon works with a staffing agency to provide staffing needed to operate. The staff is seasonal, and the Welcome Center provides staffed visitor services from May-September, 7 days per week, approximately 9a-5p. The hours of staffed services can fluctuate as do the staffing levels based on events that would drive need for additional or fewer hours of staffed services. During the months of October through April, visitor information is available but the centers are not staffed. Contract Staffing: Some Welcome Centers offer staffed visitor services through a contract between Travel Oregon and a local Chamber of Commerce or Convention Visitor Bureau (Seaside, Oregon City, for example). At these centers, Travel Oregon works with a local partner organization through a contractual relationship to provide staffing needed to operate. The staff may be direct employees, temporary staff and/or volunteers, and the Welcome Center provides staffed visitor services not less than May-September, 7 days per week, approximately 9a-5p. The hours of staffed services can fluctuate as do the staffing levels based on events that would drive need for additional or fewer hours of staffed services, During the months of October through April, staffed visitor information is available and the contracting organization has opportunity to determine the hours and days of staffed services, but typical agreement requires not less than 4 days per week. Based on the visitor counts anticipated and provided by ODOT, we believe this proposed facility will prove to be one of the busiest Welcome Centers in the state. The Southern gateway on I-5 is a critical entry point from important drive markets to Oregon generally and to Southern Oregon specifically, A review of the markets deemed most strategically important to communities and attractions in Southern Oregon reinforces the incredible opportunity this proposed facility provides to the tourism industry in Ashland and Southern Oregon. We are enthusiastic and committed to this proposed facility - so much so that Travel Oregon has a binding 60-year agreement with ODOT in which Travel Oregon is committing over $1.5 million to support the facility. The agreement with ODOT addresses the approach to staffing. Our testimony before Council has always been consistent with that agreement, No one will be happier than Travel Oregon to see our marketing efforts, coupled with local and regional marketing efforts, drive increases in visitor counts at the proposed facility such that daily, year-round extended hours of staffed visitor services is warranted. Currently, Travel Oregon intends to staff the proposed Welcome Center daily for at least 8 hours per day a minimum of May through September and an average of 40 hours a week during the other months of the year. This anticipated schedule will be adjusted for seasonal fluctuations in visitor travel. Future changes in staffing levels will be driven by demand for visitor services at the Welcome Center other times of the year - as it is with other Welcome Centers in our system, However, unlike some Welcome Centers in the system, we anticipate staffed visitor services every month of the year at this proposed facility with specific days and hours yet to be determined. The Council's questions indicate concerns for security at the proposed safety rest area and we concur that activity at any facility, including maintenance, landscaping, visitors, state and local law enforcement among others, is likely beneficial from a deterrence standpoint. Beyond'that, Welcome Center staff are not trained in facility security monitoring (e.g, we do not ask the staff to patrol the exterior of Welcome Center premises, and would not ask them to do so at the proposed facility). Our current protocols stipulate that, we direct our staff not to engage with anyone involved in illegal activity but to instead contact the facility manager, in this case ODOT or a facility maintenance contractor should there be one in place (ODOT currently contracts maintenance of all existing I-5 and I-84 safety rest area maintenance to the Oregon Travel Information Council). 2"0 Cltiurch M. Suite IOU, Salem, OR 97301, phone: 503.967.1563, www.traveloregonxaln OREGON, NVE's LOVE DREAMERS, As you know from earlier statements, Travel Oregon takes its stewardship of public funds seriously and is constantly seeking the highest and best returns on every dollar. Using a demand-driven approach to seasonal staffing of our Welcome Centers means that every dollar not committed to staffing or other obligations is available to go into marketing initiatives that help drive demand. We look forward to the opportunity to serve visitors at the proposed Siskiyou Welcome Center. Best regards, FOVDDNIDSZ Todd Davidson CEO 'SO ('hutch 5t. ;h:. S uile. 100. ; ilem, (.)R 97301. phone: 503,967.1563, www.traveloregon,com t)t t:t.t)r`;. 11%> LOVE DREAMERS, Misc. Contracts and Agreements No. 28833 DRAFT FINAL AGREEMENT WITH TRACK CHANGES COOPERATIVE IMPROVEMENT AGREEMENT To Provide Water and Sewer Services to Siskiyou Welcome Center and Rest Area City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Interstate 5 (Pacific Highway No. 1, 1-5), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects With the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State closed the former Siskiyou Welcome Center and Rest Area (SWCRA) in 1997. Jackson County approved the land use application to construct a replacement SWCRA and to permit the extension of water and sewer services to this facility, which is to be located at 1-5, Mile Point 12.5 near Crowson Road and just outside the Agency Urban Growth Boundary in Jackson County hereinafter referred to as "Site". 4. In 2011, Agency approved State's request to extend water and enhancement of sewer to the SWCRA-facility with conditions. 5. Of those conditions in the Agency's 2011 decision, the relevant ones in this case were that: a. The State was to complete the development of the SWRCA in four years or June 21, 2015; and b. The State and the Agency were to draft and execute an intergovernmental agreement that ensures funding of construction and operation that is acceptable to the Mayor and Council of the City of Ashland. Page 1 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 6. On February 17, 2015, the Agency agreed by resolution to waive the four year deadline to complete development of the SWRCA. The Agency, however, retained the requirement for an intergovernmental agreement to ensure funding of construction and operation that is acceptable to the Mayor and Council, which is represented by this Cooperative Improvement Agreement. Furthermore, this Agreement is intended to address under what conditions the Agency has authority to terminate water service to SWCRA. NOW THEREFORE, the facts being as stated in the foregoing Recitals, it is agreed by and between the Parties hereto that the following is of material essence to this Agreement: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree State shall design and construct new water and sewer line services to the SWCRA facilities, hereinafter referred to as "Project." The Project is the extension of a new potable-use water line and the enhancement of an existing sewer line to the Site. Among other terms and conditions under State Obligations listed below, potable water provided by Agency will not be used for irrigation purposes on the Siskiyou Rest Area site. The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of $300,000 in state funds. The estimate for the total Project cost is subject to change. State shall be responsible for Project costs beyond the estimate. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing operation and maintenance responsibilities, in perpetuity. The Project shall begin construction at the earliest possible opportunity following the date of final execution of this Agreement by both Parties, and once begun, the extension of water and sewer lines shall be completed within two (2) calendar years. AGENCY OBLIGATIONS 1. Agency shall allow the extension and hook up of water service and sewer service to the SWCRA facility within two (2) weeks of request from State. 2. Agency shall invoice State for governmental use of water and sewer services extending outside of the Agency's city limits for the SWCRA facility. 3. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. Page 2 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 4. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 5. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 6. Agency's Project Manager for this Project is Dave Kanner, City Administrator, 20 East Main, Ashland, OR 97520, 541-488-6002, dave.kanner@ashland.or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall pay all fees for governmental water and sewer rates for services extending outside of the Agency's city limits. State shall comply with Agency's water and sewer services ordinances and resolutions, including Agency system-wide orders or requests to condition and/or curtail customer water usage. State is a government agency for purposes of curtailment. 2. State shall be responsible for 100 percent of use of water and sewer service costs associated with the SWCRA. State shall require the Agency to send invoices directly to State. 3. State agrees to use Agency supplied water for potable purposes only and agrees State will not use Agency's supplied water for irrigation purposes. 3.1 Potable water volume use from the City of Ashland water system will not exceed an average of 200 cubic feet per day unless otherwise agreed. Willful violations are subject to Ashland Municipal Code 14.06.090. 3.2 State will observe and comply with findings, conclusions, and resulting decision of Jackson County Ordinance 2014-1 as supported by the Jackson County Planning Commission's recommendation as adopted as it relates to three year minimum irrigation water supply and replacement of landscape vegetation. 3.3 Where practical and in concert with Jackson County land use conditions of approval, State will design the site to maximize water conservation such as enlarging water storage capacity, installing water conservation fixtures, planting drought resistant landscape vegetation, and the use or recycling of gray water. 3.4 State will maintain all potable water usage records relating to this Agreement. in an Page 3 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 annual report. In addition, the State will maintain and cause its tenant to maintain any other records pertinent to this Agreement in such a manner as to clearly document State's performance hereunder. The State acknowledges and agrees that Agency and its duly authorized representatives shall have access to such records and to all other books, documents, electronic files, papers, plans and writings of the State and/or its tenant that are pertinent to this Agreement for the purpose of performing examinations and audits, l and making excerpts and transcripts. 4. State will provide in any lease agreement of the Welcome Center, or in the case of the existing Cooperative Improvement Agreement No. 28940, to be amended to provide for: 4.1. When open to the public, the Welcome Center will be staffed in a manner generally consistent with the intent of Exhibit "B". Welcome Center staff will be screened in a manner that is consistent with state and federal law and tenant's normal business practices. 4.2 The tenant will accommodate volunteers. 4.3. Tenant will provide Wi-Fi services and public access to an electrical outlet or charging station for handheld electronic devices. This provision may be altered to accommodate communication technology advances that occur over the duration of the lease. 5. State shall ensure that the Siskiyou Welcome Center facility include space for an Oregon State Police work center. 5.1 State will provide Ashland Police Department and the Ashland Fire and Rescue Department the entry gate access code to permit emergency vehicle (which includes police patrol vehicles) access to the Site by means of the approved access road to the Site in addition to the freeway access for such purposes as to provide a physical presence to secure against criminal and other unlawful and nuisance activities, and for such purposes as to perform public safety, crime and fire fighting and prevention duties. (See Conditions of Approval, Item 11, LPR2007-00008, p. 43) 5.2 State will install closed circuit television cameras (CCTV) according to Conditions of Approval, Item 26 of LPR2007-00008, p. 45. 5.3 The fence along Crowson Road ing will include gating that is continuously locked to allow access only for authorized personnel and vendors operating the Welcome Center and emergency and law enforcement personnel. The gate will be secured with barbed i wire. 5.4 State will utilize best practices to install adequate security lighting while maintaining "Dark Skies" standard consistent with Jackson County LPR 2007-00008 Condition 10. Page 4 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 5.5 State will designate a "Smoking Area" in a designated outside area that is safe from fire hazards and provide an adequate number of cigarette butt containers. State will enforce a "No Smoking" policy in areas where Smoking is prohibited. 5.6 A first aid kit and a defibrillator will be stored at the Welcome Center. 5.7 The Welcome Center buildinq will be constructed with an interior fire sprinkler system contingent upon City approval to extend the water line and will install a fire hydrant and remote meter. 6. Where reasonably practical, State will fully design and install fire safety measures comprising the Welcome Center site and water system, which shall include, but not be limited to, building with fire resistant or non-combustible materials and roofing,- a minimum 2-inch water outlet, firewise landscaping as approved by Jackson County, defensible space guidelines and weed abatement protocols, smoking areas located in areas away from the buildings that are safe from fire hazards and signage. 7. ODOT will comply with the Integrated Vegetation Statewide Management Plan and where reasonably practical, State will comply with Ashland Municipal Code Chapter 9.28 requirements for any application of pesticides, herbicides, and growth retardants on the SWCRA site. 8. State will comply with all terms, findings, and conditions or approval under the land use actions of Jackson County Ordinance that include 2009-7 together with 2011-9 and all adopted findings, conclusions, recommendations and conditions under LPR2007-00008, and 2014-1 with adopted finding, conclusions, recommendations and conditions under LPR2013-0005. 9. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 10. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all 'construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 11. State shall be responsible for all costs associated with construction and installation of the Project. 12. State shall cause to be relocated or reconstructed, all privately or publicly owned utility Page 5 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project. -2.13 State shall construct the Welcome Center and Safety Rest Area as one construction rp oject. 4,3-.14. State's Project Manager for this Project is Tim Fletcher, Project Manager, 100 Antelope Road, White City, OR 97503, timothy.w.fl-.etcher(c_odot.state. or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual consent of both parties. 2. This Agreement may be terminated by either Party upon thirty (30) days' notice in writing and delivered by certified mail or in person, under, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. C. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. e. If State uses Agency supplied water for irrigation purposes or willfully violates those conditions set forth in the respective obligations dictated above. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. Page 6 Key No. 09436 09-04-13 Agency/State Agreement No. 28833 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing Page 7 Key No. 09436 09-04-13 representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SEE NEXT PAGE FOR SIGNATURES Page 8 Key No. 09436 09-04-13 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #09436 that was adopted by the Oregon Transportation Commission on March 21, 2012, (or subsequently approved by amendment to the STIP). CITY OF ASHLAND, by and through its STATE OF OREGON, by and through its elected officials Department of Transportation By By Region 3 Manager Date Date APPROVAL RECOMMENDED By By Date District Area Manager APPROVED AS TO FORM Date By State Contact Counsel Date Tim Fletcher, Project Manager 100 Antelope Road Agency Contact White City, OR 97503 Dave Kanner, City Administrator 541-774-6356 20 E. Main St. Timothy.W.Fletcher(a.odot.state.or.us Ashland, OR 97520 541-488-6002 Dave. kanner@ash land. or. Lis Page 9 Key No. 09436 09-04-13 EXHIBIT A -Project Location Map ~ i~~ ant}tra~._ f _ F=ro ect Location ' ~ _ ' 7 Ala lz r;, . • , Flq • _ ........','t, ~ _ 'fit s ~ 1~ii ~.C~~~i-~~..,4. ti. j•r .,•!-1: z:lA•,Y lY 't =`;i'1. 7 Key No. 09436 09-04-13 Exhibit Trr ae May 11, 2015 Mayor John Stromberg & City Council Members 20 East Main St. Ashland, OR 97520 Mayor Stromberg and Councilors, The Oregon Tourism Commission, dba Travel Oregon, operates a system of State Welcome Centers with statutory authority to do so. The agency was created in 2003 to enhance Oregon's quality of life by strengthening economic impacts of the state's $10.3 billion tourism industry. Welcome Centers, along with the vast network of local visitor centers and other information available both online and in print, are key components to Oregon's overall tourism industry. Over the past decade, travel planning, way-finding and other elements of the travel experience have seen tremendous change and we have every expectation that will continue. There are more generations traveling to and throughout our state than ever before in history each traveler is unique as is each generation. It is our intent to evolve our marketing, sales and development efforts to best reflect the ever changing demands of travelers. During the April 7, 2015 Ashland City Council's deliberations on whether or not to provide water and sewer service to the proposed Siskiyou Safety Rest Area/Welcome Center, the Council raised several questions regarding staffing at Welcome Centers that we are writing to address. Regarding the use of volunteers, we rely on both paid personnel and volunteers to serve visitors at every Welcome Center. Volunteers are an important part of our staffing model and we will look forward to having volunteers from the Rogue Valley area share their knowledge and information about local favorite spots at the proposed Siskiyou Welcome Center. Staffing of the State Welcome Center is directly related to serving visitors, Currently, State Welcome Centers are operated and staffed using three primary models - direct staff, temporary staffing, contract staffing. Direct Staffing: The Welcome Center at PDX is the only center in the system at which Travel Oregon staff work full time. Three employees are directly tied to this Welcome Center to serve visitors. Along with direct staff, temporary staffing and volunteers are deployed to effectively meet visitor service demands. The PDX Welcome Center is open 7 days per week, 365 days per year from approximately 9a- 10p, Staffing is increased or decreased based on fluctuations in travel, including major holidays and other factors such as inbound flight load. 9 ` f Temporary Staffing: Some Welcome Centers~use temporary staffing to provide visitor services (Ontario, Klamath Palls, for example). At these centers, Travel Oregon works with a staffing agency to provide staffing needed to operate. The staff is seasonal, and the Welcome Center provides staffed visitor services from May-September, 7 days per week, approximately 9a-5p. The hours of staffed services can fluctuate as do the staffing levels based on events that would drive need for additional or fewer hours of staffed services. During the months of October through April, visitor information is available but the centers are not staffed. Contract Staffing: Some Welcome Centers offer staffed visitor services through a contract between Travel Oregon and a local Chamber of Commerce or Convention Visitor Bureau (Seaside, Oregon City, for example). At these centers, Travel Oregon works with a local partner organization through a contractual relationship to provide staffing needed to operate. The staff may be direct employees, temporary staff and/or volunteers, and the Welcome Center provides staffed visitor services not less than May-September, 7 days per week, approximately 9a-5p. The hours of staffed services can fluctuate as do the staffing levels based on events that would drive need for additional or fewer hours of staffed services. During the months of October through April, staffed visitor information is available and the contracting organization has opportunity to determine the hours and days of staffed services, but typical agreement requires not less than 4 days per week. Based on the visitor counts anticipated and provided by ODOT, we believe this proposed facility will prove to be one of the busiest Welcome Centers in the state, The Southern gateway on I-5 is a critical entry point from important drive markets to Oregon generally and to Southern Oregon specifically. A review of the markets deemed most strategically important to communities and attractions in Southern Oregon reinforces the incredible opportunity this proposed facility provides to the tourism industry in Ashland and Southern Oregon. We are enthusiastic and committed to this proposed facility - so much so that Travel Oregon has a binding 60-year agreement with ODOT in which Travel Oregon is committing over $1.5 million to support the facility. The agreement with ODOT addresses the approach to staffing. Our testimony before Council has always been consistent with that agreement. No one will be happier than Travel Oregon to see our marketing efforts, coupled with local and regional marketing efforts, drive increases in visitor counts at the proposed facility such that daily, year-round extended hours of staffed visitor services is warranted. Currently, Travel Oregon intends to staff the proposed Welcome Center daily for at least 9 hours per day a minimum of May through September and an average of 40 hours a week during the other months of the year. This anticipated schedule will be adjusted for seasonal fluctuations in visitor travel. Future changes in staffing levels will be driven by demand for visitor services at the Welcome Center other times of the year - as it is with other Welcome Centers in our system. However, unlike some Welcome Centers in the system, we anticipate staffed visitor services every month of the year at this proposed facility with specific days and hours yet to be determined. The Council's questions indicate concerns for security at the proposed safety rest area and we concur that activity at any facility, including maintenance, landscaping, visitors, state and local law enforcement among others, is likely beneficial from a deterrence standpoint. Beyond-that, Welcome Center staff are not trained in facility security monitoring (e.g. we do not ask the staff to patrol the exterior of Welcome Center premises, and would not ask them to do so at the proposed facility). Our current protocols stipulate that, we direct our staff not to engage with anyone involved in illegal activity but to instead contact the facility manager, in this case ODOT or a facility maintenance contractor should there be one in place (ODOT currently contracts maintenance of all existing 1-5 and I-84 safety rest area maintenance to the Oregon Travel Information Council). 250 Church St. SL Suile IOU, Salem, OR 9731) 1, phone: 503.E 67.1568. www,traveloregon. coin f)REG'ON1. WE LOVE DREAMERS, As you know from earlier statements, Travel Oregon takes its stewardship of public funds seriously and is constantly seeking the highest and best returns on every dollar. Using a demand-driven approach to seasonal staffing of our Welcome Centers means that every dollar not committed to staffing or other obligations is available to go into marketing initiatives that help drive demand. We look forward to the opportunity to serve visitors at the proposed Siskiyou Welcome Center. Best regards, F0VDDA4d)SZ 'T'odd Davidson CEO -150 Church St. F. Suitc. 100, SaIvin OR 97301, phoEtc; 503.967.1 563, www.traveloregon.com WE LOVE DREAMERS, ,y O Department of Transportation m ?>1" lz Rogue Valley Office 0 e Road ` 100 Antelope Kate Brown, Governor s White City, OR 97503-1674 Phone: (541) 774-6299 Fax: (541) 774-6349 To: Mayor of Ashland and Ashland City Council From: Art Anderson, ODOT Rogue Valley Area Manager Date: May 19, 2015 The Siskiyou Safety Rest Area/Welcome Center was closed in 1996 following a tragic accident. This accident was attributed to unsafe geometric conditions that could not be corrected. For the past nineteen years, ODOT has been working with Ashland, Ashland Chamber of Commerce, Travel Oregon and others to locate and construct a replacement facility. To briefly recap, we included some background information to explain the reasoning for the development of this facility. Furthermore, we have responded to several additional Council requested conditions regarding the IGA between Ashland and ODOT. 1. Why a Safety Rest Area Welcome Center? • City of Ashland requested a Replacement Welcome Center. Mayor Golden requests Governor to assist in establishing a replacement Welcome Center. "It is imperative for our area that the combination Welcome Center/Safety Rest Area be relocated back onto I-5..." (Atch 1). • FHWA requires state to replace Safety Rest Area. Approval to close the unsafe rest area at MP 10 was conditioned upon, "The new Siskiyou SRA will be constructed and open to the traveling public as soon as possible." (Atch 2). ODOT was directed again to reconstruct the Safety Rest Area in 2001 (Atch 3), with FHWA affirming its request in 2008 and 2013 (Atchs 4 and 5). • Restoration of a Southern Gateway Welcome is top priority of Governor's Transportation and Tourism Task Force. "Creation of a permanent Siskiyou Rest Area and Welcome Center, which is currently operated in a temporary location, as a worthy gateway for visitors entering Oregon on I-5 from the south;" is identified as top priority of Governor's 2006 Executive Order 06 -14 (Atch 6). • Replacement Safety Rest Area/Welcome Center has been a community priority included in the MPO's 2005-2030 Regional Transportation Plan. Page 1 of 4 2. Why locate the Welcome Center at this location? • Ashland recommended this site in 1997. Ashland City Administrator and Chamber of Commerce Executive Director recommended this parcel for a replacement Welcome Center in 1997 because the location on 1-5 needed to be somewhere between the Highway 66 exit and the snowline. "If it were located to the north of the Highway 66 exit, it is believed that a great many visitors would bypass Ashland altogether," (Atch 7). • Tourism Task Force affirmed this site in 2007. A Task Force made up of representatives from the City of Ashland, Jackson County Board of Commissioners, the Ashland Chamber of Commerce, the Shakespeare Festival, the Medford Visitor's Convention Bureau and Oregon Tourism Commission, FHWA and ODOT agreed to, "construct a new facility in a new location north of the snow zone and south of route 66." (Atch 8). This location was identified because, "Ashland is an important tourist destination, the facilities need to be located south of Exit 14, Ashland's principal I-5 interchange." (Atclr 8). City of Ashland requested that ODOT not consider an alternative 27-acre parcel near Exit 14 because it was considered to be an essential part of the Ashland UGB. (Atch 9). • Jackson County approved the site for a Safety Rest Area/Welcome Center in 2008. Jackson County approved siting the Safety Rest Area/Welcome Center at this location after rigorously examining scores of alternative locations at 16 public hearings. The County concluded that the proposed location was the only reasonable location. This decision was affirmed by LUBA and the Court of Appeals. 3. Why obtain water from Ashland? • Ashland committed to providing water and sewer connections to the Replacement Safety Rest Area/Welcome Center in 1997 (Atch 10). Ashland took action to confirm its commitment in 2000 (Atch 11). City again affirmed its position in 2008 (Atch 12). • 1n 2008, ODOT prepared its application for its needed land use approvals from Jackson County to include water and sewer service from Ashland. That application relied upon letters from the City committing to water and sewer services. The Jackson County approval included a condition that required water and sewer service from Ashland, • In 2011, Ashland agreed to extend sewer service, and water service for potable purposes only, and conditioned its approval upon the project being completed in four years and agreement of an IGA between ODOT and the City. Page 2 of 4 • ODOT acquired a water right from Talent Irrigation District to meet the non-potable water requirements and requested an amendment to the County condition. The time needed to acquire water rights, obtain the land use amendment for non-potable water and defend the appeal delayed the project three years, leaving insufficient time to complete the project's construction. 4. What is the Current Project Status? • All permits obtained. • All funding is in place. • Lease Agreement between Travel Oregon and ODOT in place. • Preliminary site work occurred 2014. • Prepared to bid civil /site work for fall 2015 construction. 5. The IGA City Council identified 25 issues to be considered in the IGA between Ashland and ODOT. At our hearing last month, ODOT was able to affirmatively commit to most. Ashland City Council directed its City attorney to negotiate terms around the remaining issues. 1. Curtailment. The IGA identifies the Welcome Center as a government entity for purposes of curtailment and the facility will be subject to the curtailment provisions of AMC 14.06.090. 2. Interior Fire Suppression System. ODOT has agreed to construct the Welcome Center building with an interior sprinkler system. A fire hydrant will also be installed. 3. Roofing material will be a fire resistant composite roof. Consideration was given to changing this to a metal roof. The County approved the structure as a Cascadia style lodge with a fire resistant composite roof. Altering the look of roof material would likely be contrary to the earlier architectural approvals. Importantly, substituting a metal roof for the approved composite roof offers no additional fire safety benefits. With the fire suppression system, installation of a fire hydrant, a 22,000 gallon storage tank and use of fire resistant building materials, it was felt the existing facility design should remain. 4. Employment screening. Travel Oregon has agreed to screen Welcome Center Staff in a manner consistent with state and federal law and its normal business practices. 5. Fencing: • Jackson County required a b' tall black coated chain-link fence to be installed around the perimeter of the property. This fence was requested by the neighbors for security purposes. These neighbors did not suggest the fence be taller during the hearing processes or at any of the four subsequent appeals. The fence is already installed. The County also imposed a condition that "fence obscuring Page 3 of 4 vegetation" be installed "to provide a suitable barrier to trespass upon adjacent lands and to ensure the continued attractiveness of the area." • Jackson County required a right-of-way fence along the southern-most 900 feet of the site. This is a 4' tall wire mesh fence with 3 strands of barbed wire on top. • A 6' tall chain-link fence is installed along the eastern 1-5 right-of-way north of Crowson Road to a location north of the Oak Knoll neighborhood. • Jackson County required ODOT to install slats in the existing 6' tall chain-link fence adjacent to the first residence along the service road. In addition, ODOT will install site obscuring hedges. • ODOT will install a locking gate on the service road. It has agreed to install barbed wire on the top of the gate for added security. • FHWA is requiring an additional 6' tall chain-link fence around the service road and staff parking lot. • ODOT will install a chain link fence at the I-5 highway south abutment structures along Crowson Road to prevent unauthorized access from under the highway. • ODOT agreed to install a 6' tall chain link fence on the west side of I-5. • Natural features. Tolman Creek and a hefty crop of blackberries separate the site from the adjacent neighborhoods. 6, Staffing. Travel Oregon intends to staff the Welcome Center at least & hours a day between May and September and an average of 40 hours a week during the other months of the year. This intent will be included in the IGA. In addition the following will be present on the site: • Free Coffee Program will be operated at the Welcome Center. • State Police will have a presence at the Welcome Center. • Maintenance crews will be at the facility daily. • Surveillance cameras will be installed and monitored. 7. Construction timing. ODOT has committed to constructing the Welcome Center with the Safety Rest Area facilities concurrently under one construction project. This work will follow the site civil construction project. Final plans for the site civil work are due May 27, 2015 to allow the project to meet a Sep 10, 2015 bid opening. A delay in gaining approval for the water for the facility will put the project in jeopardy of obligating federal funds, which must occur prior to Sep 30, 2015 (end of the federal fiscal year). Page 4 of 4 A+A 1 488 6406 Clty of Ashland 10:27:33 n.1 0546-2007 2111 a~`9t Gry afAshland ! Q OFFICE Of RiE MAYOR V e 20 [ Main 5rreet Ashland, OM 97520 ltd. Qua p., 'Q CATtMY 13OLDCH W1roa (]4t) 4se.eonz L t.r.t December 3, 1997 ltd John A. Kitzhaber, M•D. Governor 254 State Capitol Building Salem, Oregon 97310 Dear Governor Kitzhaber. Thank you for your consideration of the State of Oregon Welcome Center/Safety Rest Azea i funding for Southern Oregon. As I spoke to you when you were dwrt here, ttte is truly not a new project trial requires funding, but is ktstead a replaceuxat pmjecL As yens ksuw. the Safety Rest Area on the Siskiyous was dint down after,- a fatal acc ht. The State: agreed to retocae the cetw as a solution to ttte pending lawsuit by the of oc l ad funilies. Since that time, we have ' had the U.S. Forest Service operate the Wetco m tenter with much sutaHa atte nda nc e results. It is imperative for our area that the coa ti sattron We:laane Center/Safety Rest Area be relocated track onto 1-5 near tht Oregon/California border so that we can orhae again ' properly serve as the gateway to our state. Y There aloe many obvious ecownac reasons for our area tit see that this operation exists, but it I is important to recognize that it is alga roar esTwly dpif cM to the s11tl We ommmWes off tt I-5 route tliat depend on others to stl their am. The Wekame Centers bme t the entire state by providing this inforrrha6m. AddithonaRy, whthotit the Safety Rest Ater being located t on 1-5, there is no glace for trucks and vehicles tD path off ft road for emergency reasons or just to rest. With aU the issues facing you, I am sure this may seem in4mffiicant, but I [assure you it is vitally important to Ashland and our region. Again, thank you for your consideration, ~5incerely, P Catherine M_ Golden C Mayor 001992 ( EXHIBIT 31 6 A 4co U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION THE OREGON DIVISION % The Equitable Center, Suite 100 °j<F,. aF 530 Center Street NE Salem, Oregon 97301 September 29, 1997 M RELY REFER TO HEO.3-OR/510.200 Ms. Amy Lesch, Project Team Leader District 8 Oregon Department of Transportation 200 Antelope Road White City, Oregon 97503 Dear Ms. Lesch: Your September 17, 1997 letter requesting FHWA approval to close the Siskiyou Safety Rest ►r~a~R7"t1C n reviewed by this office. Approval for the closure is granted subject to the following conditions: 1. The new Siskiyou SRA will be constructed and open to the traveling public as soon as possible. 2. Access control lines and right-of-way boundaries will remain unchanged. 3. Actions will be taken to prevent the use of the abandoned SRA and its ramps for parking or other unauthorized activities. 4. The devices used to block the entrance to the abandoned SRA will conform to applicable clear zone and crash worthiness design standards. Thank you for involving us in this process. If you have any questions regarding this letter please call Ivan Marrero at (503) 399-5749. Sincerely yours, John H. Gernhauser, P. E. Field Operations Engineer IM/ma r _ A'~eo 3 - - t - r or U.S. DEPARMEM OF TAANSPOfT ATICw ~~ttaa~at 8*N4 44ft v &A t F Mamb 13, 2,001 wBB~.rt~~o ~ 3 HP.O OR ' Siam . . Tom Way, Rwcotin Deputy Dowwr Or epo Depdbn= of 1ranepoaWw 355 OVed Sbv& MA, Sift M ~~'T~K1M N Saiem. OM m 97301 -Ml B , MAR 14 2MI ~ x~: S~oaReatAt~ea I1ees tLoisp' OFWa ti•r MA, ~.rjMCe f / J This mac area advind byM& Dabbie Tbm' ]roc of;anw p 23, 2001 that the OnSm } dt work as the bnmi foc the saes r act. ' located oa Tkht w _ ""'"°`rtho uog that tiro ttjt vauld bo aou~gcord "...as wWS ~ Vlte tso ~anod tlaattl~tes has been tto n~ area L tkia vi+anity lion ~ _ _ at ciao pmt ~e wtioottlor a a~Laaemaeut rciKty ie not pron~dag, PR1~A • a of 2 boar or d these bsn tt~t >se~ as the Awed eictjr. tiffs tc oa ima d+sr z"Mmcy 3s nW met Safigy may bc tie cougAaW s =a s of - 1 to r~ . of it teplwcmeat mm saes nw Amand to aeeoma nodaec comma vial ve ndes w M Iil* wo=m this skumelm -72-0 j, A +coA 2 ' ODOT'e cMwW toimnoeftdyrasamo planing far aad ezpodite o=wucdon of the tbpbce=W and area wM be app edolo • P him edviw this of m of die casual dmemble for mplw4umat Of tim; much Headed facility. • si~n~eiy. I ' n~.;aa c'ox - I3lviaton #►dmiaistrator cr- ODOFT (Paul MatLam, Region 3) • Z>~a Ma~ieoa, Mtlataam~x) - q Mft i a • 'r ' i - i A46~ 530 Center Street N.E. US.Department Suite 100 of Transportation Salem, Oregon 97301 Federal Highway (503) 399-5749 Administration February 25, 2008 1n Reply Refer To. 510.200 Mr. Paul Mather, Regional Director Oregon Department of Transportation Region 3 3500 N.W. Stewart Parkway Roseburg, Oregon 97470 RE: Replacement for Siskiyou Rest Area Dear Mr. Mather: i This letter is written to reinforce the Federal Highway Administration's (FHWA) continued support for replacement of the Siskiyou Rest Area. As you are aware, the FIfWA approval for closure of the Siskiyou Rest Area on I-5 was given through our letter of September 29, 1997 (copy attached). The closure approval was provided with the understanding that a replacement facility would be constructed "...as soon as possible." We appreciate that analysis of alternative rest area locations has been an involved process and are aware of the considerable efforts made by the Oregon Department of Transportation (ODOT) in the development of alternatives for this site, as well as ODOT's development of a region-wide strategy for rest area operations for the southern section of 1-5. We believe that ODOT's overall route analysis and strategy will serve as an essential element for rest area development in southwestern Oregon. We understand ODOT has developed plans for a replacement rest area and visitor's center south of Exit 14 on 1-5. We also understand that this facility will not be accessible to commercial motor vehicles. As described in our May 4, 2001 letter (copy attached) and as reiterated in meetings with ODOT, we concur in the development of separate facilities. We ask that ODOT continue to carefully consider design needs of these facilities, specifically in assuring that adequate parking and facility services are provided, given the shortage of truck rest area parking in the southern section of 1-5. We also reiterate the importance of opening the two facilities at approximately the same time to ensure consistent expectations of all travelers are met; and ask that ODOT continue to direct a high degree of attention to the ramp and parking design details, as the operation of this dual facility is unusual. 1 AMERICAN ECONOMY 2 The FHWA strongly supports this project and considers development of a replacement rest area as critical to the safe operation of 1-5. We appreciate that ODOT has shared design plans and involved FHWA in conversations on the development of the Siskiyou Rest Area. The MWA also appreciates the opportunity to continue to engage in discussions relating to rest area location, but recognizes that the Department, in concert with other local agencies, has the authority to make specific decisions on rest area locations. Sincerely, ~7 c Phillip Ditzler Division Administrator Attachments NF/rm - AMERICAN ECONOMY tJt.SDe{aartrnerR Oregon Division 530 Center Street NE, Suite 420 c5f'~potl~tt Salem, Oregon 97301 fasderW H y September 23, 2013 503-399-5749 owimtrolion 503-399-5838 (fax) www.fhwo.dot.gov/ordiv In Reply Refer To: HDA-OR Mr. McGregor Lynde Active Transportation Section Manager Oregon Department of Transportation 555 13th St NE, Ste. 2 Salem, Oregon 97301-4178 a Dear Mr. Lynde: We have received a request fi-om your Program and Funding Services Section for a time extension in order to modify the preliminary engineering authorization for the 1-5 Siskiyou Rest Area (Ashland) project, which was originally authorized on September 16, 2002. While our regulations contained under 23 CFR 630.112(c)(2) require that preliminary engineering projects advance to construction by the close of the tenth fiscal year following the fiscal year in which it was authorized, it also allows for the Federal Highway Administration to consider and approve a request for a time extension with no repayment of Federal funds if the request is considered reasonable, At the time of the initial preliminary engineering authorization, a project site had been secured in the vicinity of the previous rest area facility, which ODOT believed to have sufficient acreage and acceptable geometric conditions to construct a new facility that would economically and s more safely accommodate passenger vehicles in this mountainous region. As part of the development process for the project, there were a number of plan and zoning amendments (including goal exceptions) required, which have been supported by the local planning commission and the Jackson County Board. However, there has been some public opposition and a subsequent number of appeals that have caused some unexpected delays in completing the land use process. Additionally, in order to provide municipal utilities (water and sewer) to the facility, ODOT has been limited to working with the city of Ashland, which has placed two main conditions that must be met for them to provide water and sewer services. First, ODOT must find another source of water for landscape irrigation. Second, a welcome center must be constructed concurrently with the rest area. The conditions were unexpected and caused additional delays to secure another irrigation option and to identify funding for a welcome center. i 1 As the development of the project has progressed, the delaying issues outlined above have reached resolution. A land use hearing was completed on August 14, 2013, and a Condition 27 application was filed with Jackson County, which will be complete in approximately eight months. The Talent Irrigation Distnet has agreed to provide irrigation services for the landscape A+A a 2 irrigation needs, and $1.5M in local funds has been secured through, Travel Oregon for the design and construction of the welcome center, along with $1.5M through the Transportation Enhancement program for the construction of the rest area facilities. Additionally, $113M has been identified for construction funding through the National Highway Performance and Surface Transportation programs for the site civil work. ODOT, plans to bid the site civil work in September 2014, and bid the facilities work in January 2015, completing the entire project by September 2015. Since the project now has construction funding identified and is on course to complete the development process in a timely manner, your request for a time extension is found to be reasonable. Your request to modify the preliminary engineering authorization for this project is approved. Sincerely, Phillip A. Ditzler Division Administrator cc: ODOT (Steve Leep, Program and Funding Services Manager) s (Art Anderson, Region 3, Rogue Valley Area Manager) (Jayne Randleman, Project Leader) •ti A 7777-- Office of dieGownior r State of Ow9on EXECUTIVE ORDER NO. 06-14 TRANSPORTATION AND TOURISM TASK FORCE Pursuant to my authority as Governor of the State of Oregon, I find that. Oregon's abundant natural beauty, its rich cultural heritage, its historical significance as well as its engaging and hospitable people, make our state a wonderful vacation and travel destination. Travel and tourism are a significant economic benefit to the State of Oregon, with over VA billion spent on travel and tourism-related activities last year. Travel industry employment generates 130,000 direct and indirect jobs, with employee eamings of $3.0 billion. Visitors spent more than $1.5 billion on food and beverage in Oregon in 2005 and direct travel spending generated $90 million in local taxes and $194 million in state taxes. Oregon invests $9.0 million annually through the Oregon Tourism Investment Program to keep our tourism sector strong and competitive. In 2005, at the request of the Oregon Transportation Cron, tourism industry and government leaders began joint discussion regarding transportation and tourism related projects that can be pursued together as part of an ongoing and dynamic public-private partnership. r NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED: 1 The Transportation and Tourism Task Force (the "Task Force") is hereby established. The Task Force shall continue the important work of synchronizing tourism and transportation enhancement efforts throughout Oregon. 2. The following agencies and organizations may appoint a member.to the Task Force: Oregon Travel Information Council Travel Oregon/Oregon Tourism Commission Oregon Transportation Commission and Department of Transportation Oregon Aviation Board and Department of Aviation Oregon Economic and Community Development Department 0033x67 x Mc~ 6 I EXECUTIVE ORDLR NO. 06-14 PAGE TWO I Oregon Parks and Recreation Department Federal Highway Administration Oregon Congressional Delegation Offices Oregon Association of Visitors and Convention Bureaus and its members Oregon Lodging Association Oregon Restaurant Association American Automobile Association of OregoWIdaho Oregon Trucking Association 3. Additional members of the Task Force may be appointed by the Govenor and additional agencies and a ions may be invited by the Governor to appoint representatives. The Chair of the Task Force shall be appointed by t he Governor. 4. The mission of the Task Force is to facilitate a continued publio-private partnership between governauxt and the UMM)ortaftm and tourism industries that promotes and encourages the continued development of Oregon's tourism "undustcy. In particular, the Task Force shall: a. Formulate a system of communication for increased coordination of transportation and tourism development in Oregon. b. Identify and remove barriers to efficient travel information dissemination. Priority opportunities include: r • Creation of a permanent Siskiyou Rest Area and Welcome Center, which is currently operated in a temporary location, as a worthy gateway for visitors entering Oregon on 1-5 from the south; • Creation of the Lane County Travel Plaza adjacent to I- 5 as a visitor center with enhanced services and a focus on the Federal oasis program; • Improved signage for Oregon Scenic Byways; and • Coordination of map production and technology c, Develop a plan for upgrades and enhancements to visitor and traveler information and rest areas at key portals that meet the 4 i 003368 M ~ 1 PG'Sff k 1 EXECUTIVE ORDFRNO. 06-14 PAGE THREE needs ofroadway ewers dirough consistent criteaia and visitor ding, and provide general tmvck r ` 'on about the state of Omgm in ad&ticm to the prornodw of. d. Identify local, state, federal and private sector resources that can be pooled or leveraged to accomplish the objectives of the Task Force. 5. The Oregon Travel Infimmatim CounW shalt organize and coordinate Task Force meeting State agues identified m the Executive Order shall provide staffaqVott to the Task Force as necessary. 6. Ne itber the Task Ford nor dw Governor's Office will pay per diems or reimburse expmm. Per diem and travel expenses of Task Force members # may be paid by the apgoityting agencies. 7. This Executive order expires on December 31, 2008. Done at Salem, Oregon this -Y day of October, 2006 TFew ore R, Wong ki ~ , Cc~vcrriar ATTEST: J ,F eiltBradbury y of State 003369 Mak v4y 01 VUnlana 10:29:09 a.rn. 05-06-2007 7111 _ Z CrFY OF ASM -AND CL Administration Office of the City Ad-n nirrraror MEMORANDUM ==a'~~•4' Rf ,~=4R DATE: June 24, 1997 W TO: Honorable Mayor and City Council FROM: Brian L, Aimquist, City Administratr~ JY RE: Visitor Information Center/Best Area Water Service As you know, the Visitor Informiation Center/Safety Rest Area near Milepost 6 on the Slskiyou Summit was eased last year due to safety concerns. It has been temporarily relocated at the Ashland Ranger District offices on Washington Street, south of the Super 8 Motet Chamber Executive Director Sandra Slattery and I have been atten&V meetings with ODOT and State Tourism Officials in a planning effort to sewwe a site and state funding for a new permanent location on 1-5R somewhere between the Highway 66 exit and the snow line. If it were located to the North of the Highway 66 exit it is believed that a great many visitors would bypass Ashland altogether. This would be a major economic loss for our community. Negotiations are in progress by ODOT to purchase a site on the East side of 1-5, South. of Crowson Road. A preliminary design has also been prepared for the facilities. Senator Hannon is confident that fundirig wilt be made available for acquisition and construction during this next year. Currently, the City provides sewer service for the old Visitor Center/Rest Area at Milepost 6, down to the sewer main on Cknrer Lane at the Highway 66 exit. Under our sewer policy, they will simply reconnect the new facility to the line running by the property and abandon the remainder of the fine to the South. ODOT has requested a domestic water service to the site to provide drinking water and sanitation. There is a non-potable well on the site for irrigation only. Attached is a memo from Water Superintendent Dennls Barnts indicating that the requested 1" service would not be a problem for the water system. This is equivalent to a single family residence in terms of peak flow. 0019,903 At6h 8~ li i Analysis of Alternative Sites 1) From mid-1990's to 2005 The Siskiyou Rest Area and Welcome Center was originally constructed at mile point 10 in 1966 and closed in 1996, for safety reasons. Prior to closing the rest area, safety problems including the following were identified., c • The ramp entering the rest area was only 50% of the necessary length. • The site distance for entering the highway from the rest area was substandard. • The runaway truck ramp was too close (within 1000 feet) of the entrance to the rest area. • The 6% grade at the rest area location was unsafe, • This portion of 1-5 is hazardous due to curves and slope. • The parking geometry within the rest area needed to be redesigned to effectively separate moving vehicles from pedestrians and parked vehicles. After determining that the necessary safety-related site modifications could not readily I be made at this site, ODOT decided to close the facility. This closure was supported by j. F HWA, with the condition that ODOT relocate the facility to a safer location as soon as possible. ODOT coordinated with the Departments of Economic Development and Tourism to find a suitable temporary location in Ashland for the Welcome Center, and initiated the process to find a new site for the rest area. The goal at this time was to find a site for the rest area and welcome center that would enable the construction of a facility that would be free of the hazards that were present at the previous site. To accomplish this, the new site would need to be at a generally level grade, on a straight section of 1-5 with sufficient length to enable entrance and exits ramps of adequate length, and at a lower elevation where snow was less likely. In 1996, a group of stakeholders including representatives from the City of Ashland, Jackson County Board of Commissioners, the Ashland Chamber of Commerce, the Shakespeare Festival, the Medford Visitors' Convention Bureau, the Oregon Tourism Commission, FHWA and ODOT, was formed to consider possible locations for the relocated rest area. This group toured various sites to select the one that would work best to avoid the safety problems at the previous site, while still meeting the needs and expectations of the traveling public, Alternatives considered included sites at Callahan's Lodge at Siskiyou Summit, an upgrading of the Valley of the Rogue State Park at mile point 45, a retrofitting of the old rest area, a no-build alternative and the proposed rest area site at mile point 12.5. Minutes taken at this group's meeting on November 25, 1996, state that the group consensus was that ODOT construct a new facility in a new location north of the snow zone and south of Route 66." Group considerations at this time included the following. 002770 3 Callahan's Lodge - This site at the Siskiyou Summit was rejected because it had the same features of excessive slope, unsafe sight distance and the presence of seasonal snow that created safety problems at the closed rest area at mile point 10. Valley of the Roque State Park - Consideration was given to upgrading this existing rest area which currently serves both north and south-bound traffic. It was decided that this site was too far north for travelers who needed to rest after crossing the•Siskiyou Pass and also too far north to welcome visitors arriving in Southern Oregon. Retrofitting the closed Siskiyou Rest Area - The safety problems of this site included excessive slope, the insufficient length of the deceleration ramp for vehicles entering the rest area, the insufficient acceleration and site distances for vehicles entering the freeway from the rest area, and the proximity of the runaway truck ramp to the rest area entrance. In order to make the rest area safer, it would be essential to move the runaway truck ramp further from the rest area entrance. However, the runaway truck ramp was located at a strategic point on the interstate downgrade that for truck safety could not be relocated. Also, regardless of geometric changes to the rest area site, the grade would remain at an unsafe grade of 6%. For these reasons, it was decided that retrofitting the former rest area was not a viable solution. No-build Alternative - Not constructing a relocated rest area facility was considered. However this option would result in a distance of approximately 60 miles between the rest area near the Klamath River in Northern California and Valley of the Rogue State Park. FHWA had requested that a rest area be constructed between these two sites, to replace the closed site at mile point 10. Site at Mile Point 12.5 - The group also considered this as a potential rest area site in 1996. Notes from meeting attendee Cheryl Gribskov of the Oregon Tourism Commission indicate that this property appeared to possess all the attributes (gentle grade, good visibility, close to the freeway, easy routing of tourists to Ashland) of a good rest area and welcome center site. Minutes from the ODOT/Stakeholders Project Meeting of November 7, 1996 support this position and state that, "A full vote was unanimously in support of both the criteria` and the subsequent search and selection of the Provost site." This property was eventually purchased from Dom Provost in 1999. Although initial attempts at acquiring land use approval for the site at mile point 12.5 were unsuccessful, ODOT, the Tourism Commission, the Travel Information Council, and the Ashland Chamber of Commerce still supported the goal of providing a rest area and welcome center for visitors entering Southern Oregon. It was decided to seek a public-private partnership for the reestablishment of the rest area and welcome center facility and a Request for Proposals (RFP) was released to locate property that would meet the siting requirements. Criteria for the location of this facility specified that the '7'71 4 ®42 property be visible and easily accessible for northbound traffic on 1-5, be within one mile of the interstate and have sufficient areas for buildings, parking, landscaping and open space. An 18+ acre parcel located on the west side of 1-5 at Exit 19, north of South Valley View Road, was chosen from this process. ODOT began negotiations with Jackson County and the property owner, but after further review rejected this alternative site for cost reasons and inability to negotiate acceptable terms with property owner. Necessary improvements to South Valley View Road, which included a new signal at OR 99 and related work, bridge replacement over Bear Creek,.widening of South Valley View Road, new intersection at Eagle Mil Road, and right-of-way acquisition were estimated to exceed $7 million dollars which was beyond the available budget. r 4 With all viable alternative sites explored, ODOT again determined that the best site for a rest area and welcome center to serve travelers entering Southern Oregon was at mile point 12.5. Therefore ODOT submitted the application in File LRP2007-00008 to Jackson County seeking this approval. To mitigate concerns raised previously about this site, it was decided to eliminate commercial trucks from this facility and provide a separate rest area for trucks. This includes new rest room facilities at the Port of Entry near mile point 18. L. 2) Findings presented in File LRP 2007-00008 - (Both resource and non-resource lands between mile point 11 & Exit 14) ODOT has submitted an application to Jackson County for exceptions to Goals 3, 11 and 14, to permit a rest area and connection to an existing sewer line within an Exclusive Farm Use (EFU) zoning district, to approve a Limited Use Plan Map and zone change with a Master Development Plan, and to authorize the construction of a service access road. Findings demonstrating consistency with the applicable criteria include those related to Oregon Administrative Rules (OARs) 660-12-0070(5) and 660-12- 0070(7), which address the feasibility of alternative sites on both exception or non- resource lands and also on other resource land sites. For purposes of this analysis, the r application identifies a study area located within approximately one-half mile on either side of 1-5, from mile point 11 to just north of Exit 14. The previous rest area was located at mile point 10, at an elevation of 2,720' where winter snow was frequently present. As 1-5 extends northward toward Ashland, the elevation drops consistently to reach approximately 2,400' at mile point 11, 2,100' at the proposed rest area site at mile point 12.5 and 2,000' by Exit 14. Although winter snow occurs throughout Southern Oregon, it becomes less prevalent as the elevation lowers. For this reason, sites located south of mile point 11 were not included in the study area cr considered in the analysis of alternative sites, due to the likelihood of greater accumulation of snow. i i 002772 5 INF, 0 O`D partment of Transportation Oregon Region 3 Theodore R. KulongosM, Governor 3500 NW Stewart Parkway e Roseburg, OR 97470 (541) 957-3500 FAX (541) 957-3547 t f June 13, 2007 FILE CODE: Jackson County Board of Commissioners c/o Planning Director Susan Lee Jackson County Courthouse Planning Department Medford, OR 97501 ODOT Safety Rest Area and Welcome Center Dear Jackson County Commissioners: Craig A. Stone & Associates, Ltd., ODOT's agent to relocate the Siskiyou Rest Area, asked me to prepare this letter to set out my opinions and explain the assumptions, standards, and thresholds ODOT has used to plan for the Rest Area relocation. The Commission is aware that the Siskiyou Rest Area was closed in January 1996 due to safety concerns. Mr. Stone inquired as to the various requirements and preferences which deal with the location of the Interstate 5 Rest Area. The following statements, thoughts, and opinions are based upon my personal experience with this segment of Interstate 5. Before my recent promotion, I functioned as ODOT's District 8 Manager with responsibility over this and other segments of Interstate 5 extending from the California border throughout Jackson and Josephine Counties. I held this position for almost ten years. As such, I offer these opinions with a good deal of experience. The following are ODOT's minimum standards: 1. Site Size and Depth. To be operationally feasible, a Rest Area/Welcome Center needs to be at least 15 acres in size with a depth of approximately 500 feet. A minimum 15 acres are needed to accommodate access off of and back onto the freeway, vehicle parking, and buildings (including restrooms), as well as landscaped areas where people can walk pets, relax, and which provide buffering from the freeway and adjoining uses. The proposed parking area that is based on projected traffic volumes and use will accommodate approximately 60 passenger vehicles and 13 RV's. A minimum 500 foot depth is necessary to provide adequate access to and from the mainline, provide buffering from the mainline, and provide parking and space for buildings. 2. Proximity to but Outside of the "Snow Zone." For reasons of safety and operational feasibility, the Rest Area must be located outside of and beyond the "snow zone", which is that area where travelers frequently encounter the probability of icy winter road conditions. For northbound traffic traveling over Siskiyou Pass, the snow zone extends from the Oregon/California border to approximately Milepost 11. There, Northbound Interstate 5 enters the Rogue Valley, flattens out, and leaves the Siskiyou Mountain crossing behind. Locating the Rest Area outside the snow zone is required to avoid costly snow clearing operations within the Rest Area. In addition, locating the Rest Area in the valley will avoid 0Q78 34-1829 (1a) EXHIBIT 9 Safety Rest Area and Welcome Center June 13, 2007 Page 2 problems with Welcome Center and maintenance staff unable to reach the Rest Area during highway closures or installing chains for much of the winter season. 3. Beyond Steep Grades. The Rest Area and Welcome Center need to be at a location that is also beyond the steep grades of the Siskiyou Mountain Pass, which ends near Milepost 11, and is the point of demarcation for the snow zone. The decommissioned Siskiyou Rest Area, although located on a relatively flat site, was situated between very steep downgrades of nearly 6 percent on Interstate S. In that location, the Rest Area was threatened by run away trucks that would confuse the Rest Area with the run away truck escape ramp a short distance away, thus posing a serious safety risk. In fact, there were occasions where run away trucks actually entered the Siskiyou Rest Area at full speed with no brakes; one such truck breached the North embankment and flew over the edge and down the side of the mountain. Additionally, vehicles leaving the Rest Area and merging with Interstate 5 traffic were also at risk from run away trucks and high-speed traffic on this steep grade. During the thirty years the previous site was in use there were fatalities, several accidents, and many close calls. Although the new facilities can be located on gentle freeway downgrades, it should not be near any steep downgrades. Freeway downgrades of 3 percent or less are suitable to accommodate the new Rest Area/Welcome Center. 4. Horizontal and Vertical Alignment. To enable safe ingress and egress during all weather conditions, the Rest Area must be located on terrain that is generally level and on a tangent horizontal alignment. Recreational vehicles should be parked in level areas. This is particularly important where motorists may be fatigued after traveling across a mountain pass during winter inclement conditions. It is also important because in steep areas, regardless of weather conditions, runaway trucks can create potential hazard conditions. Flatter terrain minimizes the risk caused by runaway trucks or other vehicles. 5. Sight Distance. For safety reasons, the Rest Area must have adequate sight distance and signage whereby drivers know the appropriate distance beforehand that the Rest Area/Welcome Center is approaching. This affords ample time for safe lane changes, which is particularly important when cars are traveling in areas subject to difficult winter driving conditions. 6. Merging and Diverging Traffic Movements. The proposed site must be free from problematic merging and diverging traffic movements to allow safe ingress, egress and vehicle weaving. Ramps serving the Rest Area must be no closer than 0.5 mile from an interchange ramp in order to provide for safe ingress and egress and avoid unsafe vehicle weaving. During winter conditions, this Rest Area receives a good deal of highway travelers who have potentially experienced long waits and a difficult trip. Providing safe, clear, and easy egress and ingress from Interstate 5 is necessary. 002790 Safety Rest Area and Welcome Center June 13, 2007 Page 3 7. Proximity to and Visibility from Interstate 5 Northbound Lanes. To promote safety and tourism and encourage and facilitate its use, the proposed Rest Area location should not require motorists to drive farther than one-quarter mile off the freeway mainline and must riot require them to drive beyond one-half mile. When motorists need to drive farther than one-quarter mile, or when the proposed use cannot be seen from the Interstate 5 mainline, there is a substantially greater likelihood that the Rest Area/Welcome Center will not be used or will be significantly underutilized. If the Rest Area/Welcome Center goes unused, or if it is substantially underutilized, public safety is compromised (because tired drivers may choose simply to drive on) and the economic development purposes of the Welcome Center would be thwarted. I K Location Before or at the South Ashland Interchange (Exit 14).. The multi-billion dollar travel industry in Oregon is a vital part of the state and local economies. The industry I is represented primarily by retail and service firms, including lodging establishments, restaurants, retail stores, service stations and other types of businesses that sell their products and services to travelers. It also is represented by unique tourist attractants like the Oregon Shakespeare Festival in Ashland. Representatives of the Oregon Tourism Commission and our staff have worked closely together to find a site that will operate as both a Safety Rest Area and Welcome Center. Tourism is a major part of Oregon's economy and combining the Rest Area and Welcome Center is a natural combination of uses that will permit visitors stopping for a break at the Rest Area to come into contact with the Welcome Center, which will promote Oregon tourism. The Oregon Tourist Commission feels strongly that because Ashland is an important tourist destination, the facilities need to be located south of Exit 14, Ashland's principal I-5 interchange. 9. Public Sewer and Water; While not mandatory, the Rest Area/Welcome Center should have public water and sewer disposal. Although similar facilities can and are served by wells and septic systems or holding tanks, public systems are far more desirable. Public water systems have predictable quality and quantity and require virtually no on-site maintenance. Septic systems are problematic due to the heavy loads of concentrated raw sewage. Septic drainfields must be large and can produce problems when located near other development. ODOT has experienced problems in the past with Rest Area septic systems; some have required connection to public sewers to overcome a public health hazard. The Oak Grove rest area north of Cottage Grove had aseptic system fail. The old septic system was replaced with a Orenco AdvanTex Treatment System, which is also an on-site system. The decommissioned Siskiyou Rest Area was served by a public sewer system owned by the City of Ashland. The connection to their facility was constructed by ODOT in 1975 to serve that site. This same sewer line runs through the property ODOT has acquired for the proposed Rest Area/Welcome Center. Based on current estimates it will cost approximately $12 per foot for the 300 foot sewer line connection between the building and the existing sewer line,_ a cost of about $3,600. The City has been contacted and supports the request to continue to famish water and sewer service to the proposed site. 002791 --1 C~ ~-I Safety Rest Area and Welcome Center June 13, 2007 Page 4 In fiscal year 2003-2005 the Orenco AdvanTex Treatment System was installed at a cost (for both sides of the freeway) of $403,866, so for only one side of the freeway it would cost at least $202,000 for installation. Additionally, ODOT pays Orenco approximately $700 per year to monitor this system. Finally, you should also know that when ODOT closed the Siskiyou Rest Area, it was required by the FHWA to replace the Rest Area "in kind." I understand the phrase "in kind" to mean in the same general location. Since , ohn Vial Interim Region 3 Manager Oregon Department of Transportation _ 002'732 A4CO4 CITY OF ASHLAND May 7, 2007` Shirley Roberts P.O. Box 3275 t Central Point, Oregon 97502 RE: Siskiyou Rest Area Dear Shirley, Thank you for providing us with the opportunity to address a few issues related to potential sites within Ashland's UGB under possible consideration for locating a new rest area. I have reviewed the City's Buildable Lands Inventory in proximity to Interstate 5 in order to better evaluate the feasibility for constructing a rest area. Ashland's invc ntory of vacant and partially vacant lands within a half mile of the south interchange identifies one larger parcel situated immediately northeast of the south interchange. The parcel is approximately 27-acres in size and is located outside the city limits but within the urban growth boundary (see attached map). The property has a Comprehensive Plan Designation of Single Family Residential with a potential of ultimately accommodating between 140 to 180 housing units. Ashland's inventory of vacant and partially vacant residential lands within the UGB identifies an extremely close match between residential land needs over the 20-year planning period and available supply. Consequently, the City ofAsbland would have considerable concern should this parcel be identified as a potential rest area site. Additionally, the Ashland City Council in December 2003 recommended that no potential growth areas be included for Ashland as part of the Bear Creek Valley Regional Problem Solving Pr>< om& 'I'bis decision, in part, was based upon the community's desire to maintain an efficient urban forma, emphasizing the need to meet planned densities within areas already included in the UGB. The decision to not include fixture growth areas ftarther underscores the necessity to maintain this 27-acre parcel for future residential use, unless suitable alternative sites arc identified that can be included in the UGB. In March 2007, the Department of State Lands approved Ashland's Local Wetland Inventory (LWI)_ The inventory identifies Knoll Creek, as well as a few wetlands and possible wetlands at the 1 southeasterly portion of the property- Future residential development on the site would permit the small t creek and associated wetlands to be protected and incorporated through creative and sensitive site planning. These areas would serve as a natural amenity to the approximately 150 or more housing units currently anticipated for the area. rft Communky Development Tel: 541-088305 Q G is 5 9 51 Winburn Way Fax: 541-652-2050 ~r~ Ashland Oregon 57520 TTY; 800-73.5-2900 ww++.a"nd.n-.us 7 EXHIBIT 11 In summary, this large partially vacant property is an essential part of Ashland's future residential land reserve. The property's proximity to the freeway intetvhange, Tolman Creek Road eommereW area, ~ Ashland Family YMCA. Rec reshonal Facility and Bellview Elementary School, Cf eater OpP)rtUWt1C3 fior ptaniung future residential development That has convenient access to the freeway, local shopping and el- recreation areas„ as well as an existing school. Additionally, the Interchange Area Management Plan OAMP) and Bridge Bundle projects currently in the planning stages, provides an opportunity to address important transportation issues that better integrates anticipated development of this area with the existing portion of the City lying immediately west of IntessWe 5. Again, thanks for allowing us the opportunity to share insights and concerns about the arm Please keep ~ us abreast of any future interest or discussion concerning the use of areas within Ashland's UGE for the provision of a rest area. r Sirs y, olnaar, Planning Manger r Community Development Department 541.552.2042 j' bi'11(a,ashland.or.us i Attachments: t Vacant or Partially Vacant Parcels - Map Percent Slope - Map Local Wetland Inventory -Map t Comnwnity Development Tex 5 31 Wh+um Way Fax:641-552-200 Ashind, Oregon 9752o TTY: x00.735-2900 www.asfJandor.us 7 nanu 14•HA8a.m. G6-06-2007 6/11 "Me 4 14) C I T Y 4 F A S H L A N D C I T Y H A I L A$HLANO, OREGON 47520 A July 9, 1997 Ms. Amy Lesch Siskiyou Safety Rest Area Project Manager Oregon Department of Transportation 200 Antelope Road E•- f i White City, OR 97503 t Re: Water/Sewer Service Dear Ms. Lesch: The Ashland City Council at its regular meeting on July 1, 1997, approved your request dated February 27, 1997 to,connect to the water and sewer systems of the City of Ashland. The sewer can be connected to the existing line which served the old rest area near Milepost 6. There will be no additional fees for this reconnection since all of the work will be performed by ODOT, and the Department had previously paid connect fees- The water will be connected to the city system at Crowson Road at the 1-5 crossing. The l City will make the connection to the water main and will provide the service, one inch meter and two inch stub-out to the southerly right-of-way of Crowson Road. We are suggesting t that you install a two inch line to the site to overcome friction losses, and give you the flows specified in your June 7, 1997 letter listing peak hour demands. The fees for water service hook-up and Systems Development Charges will be the standard fees for such hook-ups outside the city limits. Specific questions regarding this installation and exact fees should be directed to Dennis Barnts, Water Superintendent at 488-5353. Sincerely, Brian L. Atnuluis City Adn inistr or cc Paula B o , Director of Public Works Dennis nts, Water Superintendent Jill Turn Director of Finance Greg Scoles, Assistant City Administrator 001981 ~1TY OF ASHLAND CITY HALlL- ASHIAND, OREGON 97520 t October 24, 2000 Ms. Debbie Timms, Project Leader ,Oregon Department of Transportation 200 Antelope Road White City, OR 97503 Re: CITY OF ASHLAND'S APPROVAL FOR WATER SERVICE FOR SISMOU VISITOR INFORMATION CENTER / REST AREA Dear Ms. Timms, It is the City's understanding that the Oregon Department of Transportation is pursuing a land use application with Jackson County for the proposed Sislayou Visitor Informations Center 1 Rest Area. ODOT has been questioned about the City position in allowing a water connections outside the City's Urban Growth Boundary. The proposed rest area is outside the City's UGH. It is the City's understanding that the extension of water outside the City's UGB requires only City approval, and does nor require an exception to the Statewide Planning Goal. on July 9, 1997, the City submitted a letter to ODOT stating that the Ashland City Council at its July 1, 1997 meeting, approved ODOT's request to allow the SiskC oa Rest Area to ounneat to the vi°ater and sewer systems of the City ofAshland. That letter remains valid as the City's position. Attached is a copy of the minutes from the July 1, 1997 Council Meeting Minutes pertaining to the rest area. ODOT is required to pay fees and System Development Charges for the water connection outside of the city limits. Since ODOT had a prior sewer connection and is connecting to the existing ODOT sewer line connection fees for the sewer are not necessary. If you have other questions regarding the City's position to supply services to the proposed Siskiyou Area Visitor Information Center / Rest Area, please contact me. Sincerely; t Paula C. Arawn, PE P001979 ublic Works Director/ City Engineer Copy: Greg Stoles, City Administrator John McLaughlin, Director of Community Development "01' OCi 3 2090 `°a°" M!tL .MN Sham chat% D btu, a' rled Doug < ,loan 08vld EXHIBIT 29 --71-7- C-lk- CITY TY OF -Memo ASHLAND Date: April 3, 2008 From: James H. Olsor To: Martha Bennett, Uohn Morrison, Richard Appicello Re: CITY SERVICES TO THE PROPOSED SISKIYOU REST AREA AND WELCOME CENTER Questions have been raised regarding the adequacy at City facilities needed to provide water and sewer service to the proposed Siskiyou Rest Area southeast of Crowson Road. The water service would come from the 12 inch water main in Crowson Road. This is a relatively new water loop which connects Siskiyou Blvd. to Highway 66 via Crowson Road. The service would be located near 1-5 and approximately 8U0' north of and 80' lower than the Crowson Road pressure reducing value so the pressure at the service point would be approximately 75 psi. The service line to the rest area would be approximately 2,5W feet lang. To overcome pressure loss through the meter and from pipes friction losses, a 2 inc h service meter would be required with a 2 % or 3 inch service line.. The normal flow rates for a 2"meter are approximately 8 to 160 gallons per minute depending upon pressure and line flow. At 8 gallons per minute 11,520 gallons could be delivered per day. - ODOT's expected usage is based upon what other rest areas in the area experience. For instance, the usage at the Suncrest Rest Area (near Phoenix) Is approximately 2,400 gallons per day. It is expected that the Siskiyou Rest Area will be similar. As a comparison a normal single family residence is expected to consume 375 gallons per day. The rest area would use approximately the same as 6.4 single family residences. In 20 years, if traffic volumes increase by 32 percent, the usage would be .similar to what 8.4 single family residences would use. During 2007 the City approved six subdivisions and seven condominiums adding ; approximately 90 new water services. Some of the larger subdivisions from previous years, such as Billings Ranch subdivision and Meadowbrook Park added much more at 72 and 96 services respectively. This is simply a function of the City's anticipated growth and is accounted for in all Public Works projects from the 1995 Water Treatment Plant upgrade, to the 2004 Waste Water Treatment Plant upgrade to individual water ` line upgrades. Increased capacity requirements are paid for in part from System 00()922 Development Fees. Englneering Tel: 541/488-5347 20 E. Main Street Fax 5414488-6008 Board of County Commissioners Ashland, Oregon 87520 TTY: 8=735-2900 www.ashland.or.us File Nm LRP2007 Exhiblt # 117 Offered by.*. paAe'i Received by: 411 CITY OF -ASHLAND The City plans for and accommodates growth in all its Public Works projects. The sewer service to the proposed rest stop ! visitor center is intended to use the existing service lateral that served the former rest stop. It is anticipated that the flow will be slightly higher as adjusted for traffic increases, however numerous downstream sewer upgrades have been put in place since 1974.'As previously mentioned the Wastewater Treatment Plant has been totally reconstructed with added capacity to accommodate future growth. Much of the Bear Creek Trunk Service which is the receiving sewer for the visitor's center has been reconstructed with more than doubled capacity. The rebuilt areas include all areas identified by the Master Plan as having deficiencies, in these areas an additional 24 inch sewer line was installed parallel to the existing 18 inch sewer. The old sewer has been kept in operation so that both the old and new lines can carry flow thereby increasing capacity by 220 percent. The City has also developed a very aggressive cleaning and inspection program that insures that capacities within individual pipelines are not decreased by material build-ups and other deposits, As with the water service, the City. has adequate collection and treatment facilities in the sewer service for the visitor center now and for the foreseeable future. Based upon my analysis as outlines above, the City of Ashland has adequate capacity to provide both water and sewer service to the proposed Siskiyou Rest Area and Welcome Center. In 1974 the Council approved a contract with ODOT for sewer service to the previous Siskiyou Rest Area. This contract should be amended prior to providing service to the new facility, and a contract for water service outside the City's Urban Growth Boundary should be created. These contracts should be conditions of approval. erely, 4 mes H. Olson nterim Public Works Director Engineering Tax 54 /4488-600 P, Street Ex 541-l4$8-6006 20 E. 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Looking East toward Looking South Blackberries & Tolman Creek Perimeter Irrigation Ditch & Fence 1-5 SB-> < 6'Chain Link Fence SISKIYOU SAFETY REST AREA Oregon & W EL COME CENTER Department of Transportation 6' Chain Link Fence FENCE LAYOUT Proposed changes to the Lease Agreement No. 28940 Paragraph E will be amended to read: E. As part of Landlord's development of the Property as a Rest Area to serve north-bound travelers on Interstate 5 (the "Rest Area"), Tenant desires that Landlord construct, on the Property, a single-story building of approximately 3,800 square feet (including space for an Oregon State Police presence and space for serving coffee, conduits to provide-ptgKjdi+tg WIFI service, storage efor a defibrillator and fast aid kit, and public access to a charging station or dedicated outlets for char,in-Y handheld devices. as set fat4h in the Conceptual Design RePOA) to serve as a State of Oregon Welcome Center (the "Building"). The Building, an adjacent covered walkway structure and an inaccessible tower structure also to be constructed as part of development of the Rest Area, permitted future alterations, additions, replacements, or modifications to the foregoing improvements, and the portion of the Property on which the foregoing improvements are constructed, are collectively referred to herein as the "Premises". The location of the Property and the Premises are identified in Exhibit A and Exhibit B, attached hereto. Tenant further desires that Landlord lease the Premises to Tenant after construction of the improvements has been completed. Landlord is willing to develop and lease the Premises to Tenant on the terms and conditions set forth herein (the "Lease Agreement"). Paragraph F will be amended to read: F. Landlord and Tenant anticipate that construction of the Building, the adjacent covered walkway structure, and the tower structure will cost approximately $3 million (the "Anticipated Project Cost"). Landlord intends to utilize federal Surface Transportation Program funds designated for Transportation Enhancement activities to cover approximately $1.5 million of the Anticipated Project Cost (the "Federal Funds") and state finds not subject to the restrictions of Article XI, Section 3(a) of the Oregon Constitution to cover the remaining approximately $1.5 million of the Anticipated Project Cost (the "State Funds"). Use of the Federal Funds to construct the Building, the adjacent covered walkway structure and the tower structure is conditioned on the inclusion in the Building of prominent features promoting scenic byways in Oregon ("Byways") sufficient to meet the federal requirements set forth in Title 23 USC, Chapter 1, Section 162, entitled the "National Scenic Byways Program", and applicable Federal Highway Administration ("FHWA") policies. The federal requirements include, but are not limited to, providing tourist information to the public, including interpretative information about the Byways. All Byways information must be associated with scenic byways in Oregon and may not contain product advertising. The Parties have set the monthly Base Rent at an amount sufficient to reimburse Landlord, over the 630-year Term of the lease, for the State Funds expended by Landlord to construct the Building, the adjacent covered walkway structure, and the tower structure. 4.2 Initial Term. The initial term of the lease will commence on the Commencement Date and, subject to adjustment as provided in this Section 4.2, continue for 72-3W months (the "Initial Term"). If the actual cost of completing the Work exceeds the Anticipated Project Cost (such excess amount, if any, the "Cost Overrun"), then the Initial Term shall be automatically extended by the number of months necessary to provide aggregate Base Rent payments, during the extension of the Initial Term, equal to the Cost Overrun. If the actual cost of completing the Work is less than the Anticipated Project Cost (such difference, if any, the "Cost Savings"), then the Initial Term shall be automatically reduced (at the end of the Initial Term) by the number of ►nonths necessary to reduce the aggregate Base Rent payments, during the Initial Term, by an amount equal to the Cost Savings. If the Initial Term is extended or reduced as a result of a Cost Overrun or Cost Savings, Landlord and Tenant shall execute an amendment to this Lease Agreement to memorialize the change in the length of the Initial Term. 5.1 Calculation of Base Rent. Beginning on the Commencement Date and on the same day of every month thereafter during the Term, Tenant will pay to Landlord, as Base Rent, the sum of $$2,083.33 4,166.66 The Base Rent due each month equals the anticipated State Funds used to construct the Premises ($1.5 million) divided by 720364, the anticipated number of full months in the Initial Term. Use of Premises. 6.1 Permitted Uses. Tenant will use and occupy the Premises continuously during the Term for the operation of a first-class State of Oregon Welcome Center under the name of "Travel Oregon", offering statewide visitor information and visitor services (the "Welcome Center"). As part of its Welcome Center operations, Tenant may offer any visitor related information or services permitted or allowed under FHWA and other applicable state and federal policies and laws, and shall include on-site interpretive facilities that incorporate environmental and cultural educational opportunities, whenever possible. Tenant may not use the Premises for any other purpose or operate the Premises under any other name without the written consent of Landlord. Tenant will maintain and operate the Welcome Center during the entire Term with due diligence and in a first-class manner. Tenaiit 'i" ^ lidtfet Weleani° centet: eperatiolis in the Building eii days and g 41up-tuat,ii41i° iter ti-ave' It is the intent of Tenant to staff Welcome Center at least eight hours a day between Mav and September and an average of 40 hours a week during the other months of the vear, subject to the appropriations of the legislature Oregon Tourism Commission budget authorization and seasonal fluctuations in visitor travel. At the beginning of the Term and seasonally thereafter, Tenant shall notify Landlord of the Welcome Center operating hours. The Welcome Center may be closed any time the Rest Area is closed or as deemed necessary by Tenant from time to time. Landlord may close the Rest Area at its discretion and shall notify Tenant of any closure. 6.8 Smoking Prohibition. No smoking is allowed inside the Building at any time. A "Smoking Area" will be designated at the Safetv Rest Area in a location awav fi-om fire hazards and cigarette butt containers will be provided. The designated "Smoking Area'' will not be inimediately adjacent to or in the immediate proximity of the building and adjacent covered Nvalkwav that Tenant is leasing from Landlord. i (Page 8, Paragraph 7 ) will be amended to read as: 7. Services. Landlord will not be required to provide any services to the Premises except as expressly provided herein. As part of the Work, Landlord will install electricity, water, sewer, and telecommunication utility lines (all but water service will be metered separately from other uses on the Property) to service the Premises and Tenant's property and operations. Tenant will arrange for its own accounts with utility service providers and for its own janitorial service and any other services as are necessary or appropriate for use of the Premises by Tenant and any Subtenants. Tenant will be responsible for timely payment in full of all charges for utility and other services provided to the Premises. Landlord will not be liable or responsible for any interruption of any utility or other kind of service provided by third parties except to the extent that the interruption is the result of insured damage to the Premises or is caused by Landlord, or the employees, volunteers, agents, concessionaires or licensees of Landlord, and Landlord fails to avoid or cure the interruption as soon as reasonably possible after becoming aware of the interruption. INTERAGENCY GROUND LEASE Agreement No. 28940 (Build-to-Suit) BETWEEN: State of Oregon acting by and through its Department of Transportation ("Landlord") AND: State of Oregon acting by andro~hglLits - Oreg~n To~,,~,; Co:~,n-,,~s:om(df'b~a-Travel-Oregser}("Tenarrt"}------ (Landlord and Tenant each, a "Pasty", and together, the "Parties") RECITALS A. By the authority granted in Oregon Revised Statutes (ORS) 190.110 and 283.110, a state agency may enter into an agreement with another state agency to cooperate in performing duties imposed upon, exercising powers conferred on, or administrating policies or programs delegated to the state agencies.. B. By the authority granted in Oregon Revised Statutes (ORS) 366.395, Landlord may sell, lease, exchange or otherwise dispose or permit use of real or personal property. C. By the authority granted in Oregon Revised Statutes (ORS) 284.118(3), 284.122(2), 284.122(3), and 284.146, Tenant may provide for the construction and leasing of tourist information centers, referred to herein individually as a "Welcome Center". D. Landlord is the owner of that certain real property consisting of approximately 19 acres commonly known as the Siskiyou Safety Rest Area property and located on Interstate 5 south of Ashland, Oregon (the "Property"), E. As part of Landlord's development of the Property as a Rest Area to serve north-bound travelers on Interstate 5 (the "Rest Area"), Tenant desires that Landlord construct, on the Property, a single-story building of approximately 3,800 square feet (including space for an Oregon State Police presence and space for serving coffee, as set forth in the Conceptual Design Report) to serve as a State of Oregon Welcome Center (the `Building"). The Building, an - - - adjacent covered walkway structure and an inaccessible tower structure also to be constructed as part of development of the Rest Area, permitted future alterations, additions, replacements, or modifications to the foregoing improvements, and the portion of the Property on which the foregoing improvements are constructed, are collectively referred to herein as the "Premises". The location of the Property and the Premises are identified in Exhibit A and Exhibit B, attached hereto. Tenant further desires that Landlord lease the Premises to Tenant after construction of the improvements has been completed. Landlord is willing to develop and lease the Premises to Tenant on the terms and conditions set forth herein (the "Lease Agreement"). F. Landlord and Tenant anticipate that construction of the Building, the adjacent covered walktvvay structure, and the tower structure will cost approximately $3 million (the "Anticipated Project Cost"). Landlord intends to utilize federal Surface Transportation Program funds designated for Transportation Enhancement activities to cover approximately $1.5 million of the Anticipated Project Cost (the "Federal Funds") and state funds not subject to the restrictions of Article X1, Section 3(a) of the Oregon Constitution to cover the remaining approximately $1.5 million of the Anticipated Project Cost (the "State Funds"). Use of the Federal Fends to construct the Building, the adjacent covered walkway structure and the tower structure is conditioned on the inclusion in the Building of prominent features promoting scenic byways in Oregon ("Byways") sufficient to meet the federal requirements set forth in Title 23 USC, Chapter 1, Section 162, entitled the "National Scenic Byways Program", and applicable Federal Highway Administration ("FHWA") policies. The federal requirements include, but are'not limited to, providing tourist information to the public, including interpretative information about the Byways. All Byways information must be associated with scenic byways in Oregon and may not contain product advertising. The Parties have set the monthly Base Rent at an amount sufficient to reimburse Landlord, over the 30-year Term of the lease, for the State Funds expended by Landlord to construct the Building, the adjacent covered walkway structure, and the tower structure. TERMS AND CONDITIONS 1. Definitions. Capitalized terms used in this Lease Agreement will have the meanings where first used in this Lease Agreement including the exhibits or, if not defined where first used, in the following list of definitions. 1.1 Additional Rent. Defined in Section 5.2. 1.2 Architect. Gaztey Plowman Architects. 1.3 Certificate of Occupancy. The final approval of the governing authorities for occupancy of the Premises for its intended purpose. 1.4 Commencement Date. Defined in Section G.1. 1.5 Conceptual Design Report. The I-5 Siskiyou Rest Area (Ashland) Conceptual Design Report prepared for Landlord and dated August 27, 2007, which is incorporated herein by this reference. . 1.6 Construction Documents. The fully completed plans and specifications for the Mork sufficient for procuring the Contractor, obtaining building permits and developing the Premises in preparation for occupancy by the Tenant_ 1.7 Construction Period. The period during which the Work is performed and which the Parties estimate will begin during the winter of 2015 and will end during the summer of 2016. 1.8 Construction Schedule. The schedule of Work in Landlord's Construction Contract that includes: (1) an estimated date of commencement of construction of the Premises, (2) the Scheduled Substantial Completion Date, and (3) the estimated date of issuance of a Certificate of Occupancy for the Premises. 1.9 Contractor. The business, selected throulli Landlord's procurement process, to complete the Work. 2 1.10 Design Package. The architectural and landscaping design plans and estimate for construction of the Premises. 1.11 Effective Date. The date this Lease Agreement is last signed by a Party. 1.12 Landlord's Construction Contract. The agreement between Landlord and Contractor for performance of the Work to construct the Building, the adjacent covered walkway structure, and the tower structure and otherwise prepare the Premises for occupancy by Tenant, together with the Design Package, the Construction Documents, and all proposals, bids, plans, specifications, and change orders relating thereto_ 1.13 Legal Requirements. All applicable present and future laws, ordinances, orders, rules, regulations codes and requirements of all federa!_ state-and-n unicir,~ I g,vPtmrr n departments, commissions -boards,-and-offtcer-s, drat-now or hereaf-ter--app y to t ie- ropeft or- the Premises, or any component thereof or any activity thereon conducted, including but not limited to the Federal Highway Administration regulations governing rest areas set forth in 23 CFR Section 752.5. 1.14 Rent. Base Rent and all Additional Rent. 1.15 Scheduled Substantial Completion Date. The date established in accordance with the Landlord's Construction Contract by which the Contractor will achieve Substantial Completion of the Premises. 1.16 Substantial Completion. The stage in the progress of the Work when the construction is sufficiently complete and in accordance with the Construction Documents and all Legal Requirements, including the Americans with Disabilities Act, so that the Premises can be occupied and used for their intended purpose. 1.17 Subtenant. Any sublessee permitted under Section 13.1. 1.18 Tenant Changes. Any change to the design of the Premises requested by Tenant after completion of the final Design Package. 1.19 Tenant Improvements. All elements of the Building other than core and shell. 1.20 Term. The Initial Term and any Extension Term, as defined in Section 4. 1.21 Work. The work required to develop and construct the Premises, as defined or further described in. Landlord's Construction Contract. 2. Premises Development. 2.1 Development. Landlord agrees that it will, at its sole cost and expense, commence and pursue to completion the design, development, and construction of the Premises as described in this Lease Agreement and Landlord's Construction Contract. In the event of any conflict between this Lease Agreement and the Construction Documents, the Construction Documents will govern. In the event of any conflict between this Lease Agreement and the Landlord's Construction Contract (other than the Cony r .inn Donn Agreement will be controlling as between the Landlord and the Tenant. 2.2 Design Period. Within 15 days after the Effective Date, Tenant and Landlord shall provide final comments to the Architect on the conceptual design for the Premises contained in the Conceptual Design Report. Landlord will then cause the Architect to complete and deliver to the Parties for review and comment the preliminary Design Package for the Premises. Within 15 days after receipt of the preliminary Design Package, Tenant and Landlord shall provide final comments to the Architect on the preliminary Design Package. Landlord will then cause the Architect to complete and deliver to the parties for final approval the. Advance Plans (Design Package at 95 percent completion). Within 15 days after receipt of the Advance 3 Plans, Tenant and Landlord will either approve the Advance Plans or provide additional comments: If Tenant and Landlord approve the Advance Plans, Landlord will then cause the Architect to complete and deliver to the parties the final Design Package. If either Tenant or Landlord provides additional comments on the Advance Plans, Landlord, Tenant and Architect will resolve any issues raised by the comments and Landlord will then cause the Architect to complete and deliver to the parties the final Design Pack-age, The Design Package shall be based upon and generally consistent with the Welcome Center described in the Conceptual Design Report. 2.3 Construction Documents. After completion of the final Design Package, Landlord will cause the Architect to complete the Construction Documents consistent with the final Design Package. Promptly after completion of the Construction Documents, Landlord shall prepare and conduct a procurement process, in compliance with the Oregon Public Contracting Code, to select a Contractor and award Landlord's Construction Contract to perform the Work. 2.4 Tenant Changes. Landlord will not be obligated to include in the Premises any elements other than the elements set forth in the final Design Package. If Tenant desires a change in the Premises from that reflected in the final Design Package., Tenant must submit the Tenant Change in writing to Landlord for approval. Landlord Must not unreasonably withhold condition or delay its approval of any Tenant Change request. If Landlord fails to approve or reject the requested Tenant Change within 15 days of receipt, the "Tenant Change will be deemed approved. If the Tenant Change is approved, Landlord will cause the Contractor to provide to Tenant for Tenant's approval the estimated cost of implementing the Tenant Change. Within 15 days after delivery of the estimated cost of implementing the Tenant Change, Tenant shall notify Landlord whether Tenant wishes to proceed with the Tenant Change and, if it does, shall either tender full payment of the cost of the Tenant Change to Landlord or agree to pay the cost of the Tenant Change as Additional Rent in the form of equal monthly installment payments over the Initial Term, and Landlord will then request Contractor to implement the change. The cost of implementing a Tenant Change that tenant pays for in accordance with this Section 2.4 shalt not be included in the cost of completing the Work for purposes of determining any Cost Overrun or Cost Savings. If Tenant fails to notify Landlord of its decision within 10 business days after delivery of the cost estimate, Tenant shall be presumed to have rejected the cost estimate and the Tenant Change will not be implemented. 2.5 Other Change Orders. Other than change orders arising from an approved "Tenant Change (which are addressed in Section 2.4), Landlord shall notify Tenant in writing of all change orders and all such change orders that exceed $10,000, individually, must be approved in writing by Tenant prior to implementation. Tenant must not unreasonably withhold condition or delay its approval of a change order. The cost of any change order in excess of$10,000 that is implemented without Tenant's prior written approval shall not be included in the cost of completing the Work for purposes of determining any Cost Overrun or Cost Savings. Nor shall Tenant be required to accept the Premises subject to any change that costs in excess of $10,000 that Tenant has not approved in writing. 2.6 Substantial Completion. After award of Landlord's Construction Contract, Landlord will use its best efforts to cause the Contractor to: (a) obtain the necessary permits for the Work, (b) commence construction of the Work, and (c) achieve Substantial Completion of the Premises as provided in the Construction Documents. Landlord will not extend the Scheduled 4 Substantial Completion Date by agreement with the Contractor without prior coordination with Tenant. 17 Punch List. Within 30 days after issuance of a Certificate of Occupancy for the Premises, Tenant will prepare a punch list of items to be completed or corrected by Contractor. Landlord will cause all punch list items to be completed within 30 days after notice by Tenant to Landlord of the punch list items. 2.8 't'enant Construction Period Access. Tenant will have a right of access to the Premises during construction (for Tenant's public relations, marketing, information technology, security systems, and furniture, fixtures, and equipment contractors) and a reasonable _ opportunity for introduction and storage of Tenant's materials and equipment, as long as the _ _access ancLuse-will--not--interfer-ewith-the,_.Work, Tearant-shall-coerclinate-such-ass, illy------ Landlord's construction manager and comply with any access procedures or protocols established by Landlord. 3. Demise and Description. Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord the Premises on the terms and conditions set forth in this Lease Agreement. 4. Lease Term. 4.1 Commencement Date. The lease will commence 30 days after Landlord delivers the Premises to Tenant with a Certificate of Occupancy (the "Commencement Date"). 4.2 Initial Term. The initial term of the lease will commence on the Commencement Date and, subject to adjustment as provided in this Section 4.2, continue for 360 months (the "Initial Term"). If the actual cost of completing the Work exceeds the Anticipated Project Cost (such excess amount, if any, the "Cost Overrun"), then the Initial Term shall be automatically extended by the number of months necessary to provide aggregate Base Rent payments, during the extension of the Initial Term, equal to the Cost Overrun. If the actual cost of completing the Work is less than the Anticipated Project Cost (such difference, if any, the "Cost Savings"), then the Initial Term shall be automatically reduced (at the end of the Initial Tenn) by the number of months necessary to reduce the aggregate Base Rent payments, during the Initial Term, by an amount equal to the Cost Savings. If the Initial Term is extended or reduced as a result of a Cost Over-run or Cost Savings, Landlord and Tenant shall execute an amendment to this Lease Agreement to memorialize the change in the length of the Initial Tenn. 4.3 Lease Extension. Landlord shall not, before the final year of the Initial Term, offer to lease the Premises to any third party. During the final year of the Initial Term and prior to offering to lease the Premises to a third party, Landlord shall confer with Tenant to determine Tenant's interest in continuinw to lease the Premises for the same or similar Purnnsesafter_thQ end of the Initial Term. If Tenant desires to continue leasing the Premises for the same or similar purposes, Landlord and Tenant shall negotiate the terms and conditions of a lease extension and either amend this Lease Agreement or enter into a new lease to implement the extension ("Extension Term"). The Base Rent in any Extension Term may not exceed the fair market rent for similar commercial space in Southern Oregon. 5. Rent. 5.1 Calculation of Base Rent. Beginning on the Commencement Date and on the same day of every month thereafter during the Term, Tenant will pay to Landlord, as Base Rent, 5 the sum of $4,166.66. The Base Rent due each month equals the anticipated State Funds used to construct the Premises ($1.5 million) divided by 360, the anticipated number of full months in the Initial Term. 5.2 Additional Rent. Tenant will also pay frorn the Commencement Date, without abatement, deduction, or setoff, except as otherwise provided in this Lease Agreement, all sums, impositions, costs, and other payments, if any, that Tenant agrees to pay (collectively, "Additional Rent"). 53 Payment of Rent. All Rent will be payable in advance, beginning on the Commencement Date and on the same. day of each month following the Commencement Date through the Term. Rent payments are due, without notice or demand, and without deduction or setoff of any amount except as expressly provided otherwise in this Lease Agreement. Rent Payments shall be sent to: ODOT Tech Center Property Management Section 4040 Fairview Industrial Dr. SE MS2 Salem OR 97302 5.4 Rent Abatement. If Landlord closes the Rest Area during the Term for a period greater than 10 consecutive business days but less than 120 consecutive calendar days, the Term of the lease shall be automatically extended, without cost to Tenant, by the number of days, in excess of 10 consecutive business days, that the Rest Area was closed by Landlord. If Landlord closes the Rest Area for a period greater than 120 consecutive calendar days, payment of Rent will be abated from day 121 forward until such time as Landlord re-opens the Rest Area. Upon Landlord re-opening the Rest Area, payment of Rent will resume as provided by this Lease Agreement. Rent abatements provided by this section shall not alter or modify any other terms or conditions of this Lease Agreement. Notwithstanding the foregoing, the Term extension and Rent abatement provisions shall not apply if Landlord closes the Rest Area because of circumstances beyond Landlord's reasonable control, including but not limited to, acts of God, weather conditions, acts or omissions of public authorities, statutory requirements, or legislative actions. 5.5 Place of Payment. All Rent must be paid in lawful money of the United States at the address of Landlord set forth in this Lease Agreement, or at such other place as Landlord will from time to time designate by notice to Tenant. Rent will be deemed paid on the date received by Landlord. 5.6 Late Charge. If any Rent or other sum payable by Tenant to Landlord is not paid within fifteen days of the date when first due, Tenant will pay to Landlord an additional sum of $150. The Parties agree that the late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment. 6. Use of Premises. 6.1 Permitted Uses. Tenant will use and occupy the Premises continuously during the Term for the operation of a first-class State of Oregon Welcome Center under the name of "Travel Oregon", offering statewide visitor information and visitor services (the "Welcome Center"). As part of its Welcome Center operations, Tenant may offer any visitor related information or services permitted or allowed under FHWA and other applicable state and federal policies and laws, and shall include on-site interpretive facilities that incorporate environmental 5 and cultural educational opportunities, whenever possible. Tenant may not use the Premises for any other purpose or operate the Premises under any other name without the written consent of Landlord. Tenant will maintain and operate the Welcome Center during the entire Term with due diligence and in a first-class manner. Tenant will conduct Welcome Center operations in the Building on days and during hours as Tenant determines appropriate based on season ns in visitor travel. At t nin of the Term and seasonally thereafter, Tenant s a notify Landlord oft e Welcome Center operating hours. ' e e come enter may be c ose any Sr Ie est rea rs c ose or as eeme necessary y enan om time to tune. Landlord may close the Rest Area at its discretion and shalt notify Tenant of any closure. 6.2 Handbills and Advertising. Neither Tenant not, the ertnlo;ees,_~?nteerc uPnt~ - concessionaires-ur licensees-afTenant-will(1 )-solicit brrs mess-iiror on-the-Premises-or-in-orfrn- - other areas of the Rest Area, or (2) distribute any handbills or other advertising matter on vehicles parked in the parking area or in the other areas of the Rest Area. Subject to compliance with all Legal Requirements and to the extent consistent with the permitted use of the Premises, Tenant shall position displays on the Premises as necessary to comply with state and Federal Funds requirements for the promotion of scenic byways in Oregon consistent with Title 23 Sections 131 and 162 of the United States Code. Displays may be positioned inside the Building or under the covered walkway/tower- structure and such displays shall be considered a "sign plaza" for purposes of this Lease Agreement. Tenant may not position displays in areas outside the Premises without the written consent of Landlord. 6.3 Licenses. Landlord grants to Tenant a nonexclusive fully-revocable license during the Term to use the parking areas, visitor plaza, and other facilities of the Rest Area (the "Common Areas") in the same manner and to the same extent as visitors of the Rest Area. Landlord further grants to Tenant, a nonexclusive fully-revocable license during the Term to use the alternate access to the Rest Area from Crowson Road, and the staff parking areas, in the same manner and to the same extent as Landlord's staff, on first-come first-served basis. Landlord reserves the right at any time to grant similar nonexclusive use to others, to make rules and regulations relating to the use of the Common Areas, to designate specific parking spaces for the use of particular persons, and to make changes in the Common Areas from time to time. 6.4 Legal and Regulatory Compliance. At all times during the Term, Tenant will comply with all Legal Requirements affecting its use or occupancy of the Premises or use of the Common Areas, and will require all Subtenants of the Building to comply with all Legal Requirements affecting their use and occupancy of the Premises and use of the Common Areas. Tenant will comply with all posted Rest Area regulations arid will not use or occupy, or permit or suffer all or any part of the Premises to be used or occupied (1) for any unlawful or illegal business, use, or purpose; (2) in any such manner to constitute a nuisance of any kind; (3) for any purpose or in any way in violation of the Certificate of Occunancy nr ref ~n~.._L gal _ Requirements; or (4) for any business, use, or purpose deemed disreputable. Tenant will observe and comply with all state and federal laws, regulations and guidelines, and all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances, special exceptions, and nonconforming uses), privileges, franchises, and concessions that now apply to the Premises or that have been granted to or contracted for by Landlord or Tenant in connection with any existing or presently contemplated use of the Premises, including but not limited to the conditions imposed by Jackson County for development of the Property, the conditions imposed by the City of Ashland for extension of water and sewer service to the Property, and 23 CFR 752. 7 6.5 Third-Party Uses. Tenant shall allow the Oregon State Police to use the portion of the Building so identified in the Conceptual Design Report, for a workstation. Tenant and the Oregon State Police shall agree upon the specifics of the use. In addition, Tenant shall allow a volunteer organization designated by Landlord to use the portion of the Building so identified in the Conceptual Design Report , to distribute free coffee to Rest Area visitors. Neither the Oregon State Police nor the Landlord-designated volunteer organization shall be considered a Subtenant with respect to its use of the Building under this Section 6.5 and neither shall be charged rent. Tenant shall not be responsible or liable for the actions of the Oregon State Police or the volunteer organization designated by Landlord to distribute free coffee. 6.6 Permitted Use Dispute Resolution. If Tenant and Landlord disagree over the meaning or applicability of a Legal Requirement, Landlord will make the final determination of the meaning or applicability after first consulting with the Oregon Attorney General. The Parties agree to follow the advice of the Attorney General on the meaning or applicability of a Legal Requirement. 6.7 Waste and Nuisance Prohibited. At no time during the Term will Tenant commit, suffer to be committed, or allow or permit others to commit, any waste on or with respect to the Common Areas or the Premises, or any nuisance or illegal act. 6.8 Smoking Prohibition. No smoking is allowed inside the Building at any time. 7. Services. Landlord will not be required to provide any services to the Premises except as expressly provided herein. As part of the Work, Landlord will install electricity, water, seiner, and telecommunication utility lines (metered separately from other uses on the Property) to service the Premises and Tenant's property and operations. Tenant will arrange for its own accounts with utility service providers and for its own Janitorial service and any other services as are necessary or appropriate for use of the Premises by Tenant and any Subtenants. Tenant will be responsible for timely payment in full of all charges for utility and other services provided to the Premises. Landlord will not be liable or responsible for any interruption of any utility or other kind of service provided by third parties except to the extent that the interruption is the result of insured damage to the Premises or is caused by Landlord, or the employees, volunteers, agents, concessionaires or licensees of Landlord, and Landlord fails to avoid or cure the interruption as soon as reasonably possible after becoming aware of the interruption. 8. Repairs and Maintenance. 8.1 Capital Repairs and Replacements. Except as provided below, Tenant will make all capital repairs and replacements (as distinguished from ordinary maintenance and - repairs) to all elements of the Premises, if and when necessary, including but not limited to the foundation, all load-bearing elements such as walls and columns of the Building, the roof of the Building, the adjacent covered walkway structure, the tower structure, the building systems, and the Tenant Improvements; provided, however, Tenant will not be responsible for capital repairs and replacements covered by the warranty in Landlord's Construction Contract or capital repairs and replacements of the walkway portion of the adjacent covered walkway structure, which shall be Landlord's responsibility. 8.2 Ordinary Maintenance and Repairs. As used in this Section, the term ordinary maintenance and repairs means all maintenance and repairs, including but not limited to repairs necessitated by vandalism, other than capital repairs and replacements. Tenant will, throughout 8 the Term, at Tenant's sole cost and expense, keep and maintain the Premises (other than maintenance or repair covered by the warranty in Landlord's Construction Contract, the landscaping, and the walkway portion under the adjacent covered walkway structure, which shall be Landlord's responsibility) in good, neat, and sanitary condition, operating condition, working order, and appearance including but not limited to the following: 8.2.1 Maintenance and ordinary repairs to the exterior of the Premises (including but not limited to the exterior surfaces, roof membrane, exterior skin, exterior windows, exterior doors, and the covering of the adjacent covered walkway structure); 8.2.2 Maintenance and ordinary repairs to the interior of the Building, including all common areas, all leased and leasable soace and all electrical janitorial, and n,erhan;ral rc.oms - and faci lities 8.2.3 Maintenance and ordinary repairs to all building systems, including electrical, plumbing, and mechanical systems, equipment, and fixtures,-including heating, ventilation, and air conditioning (HVAQ units and related equipment; 8.2.4 Maintenance and ordinary repairs to all interior doors and windows, and related hardware, and all ceilings, wall and floor coverings, light fixtures and switches, plumbing fixtures, and all wiring and plumbing; 8.2.5 Repairs of damage caused through the negligence or other misconduct of the Tenant or any Subtenant, but subject to the provisions of this Lease Agreement specifically providing otherwise with respect to insured or insurable damage; 8.2.6 Replacements necessitated by Tenant's failure to properly maintain or provide ordinary repairs as otherwise required in this Section, including Tenant's failure to keep in place and require performance of adequate maintenance contracts for the HVAC systems; and 8.2.7 The clean and sanitary storage, collection, and disposal of refuse from the Premises in a location designated by Landlord as the refuse collection point. 8.3 Common Areas. Landlord will maintain, repair, and replace the Common Areas, the landscaping, and the walkway portion under the adjacent covered walkway structure, keeping them in good order, condition, and repair throughout the Term. 8.4 Landlord's Interference with Tenant. In performing any repairs or work that Landlord is required to perform under this Lease Agreement, Landlord will not cause unreasonable interference with use of the Premises by Tenant or any Subtenants, except as is reasonably necessary to effect the repairs and, Landlord will have the right of access to the portions of the Premises as is reasonably necessary to effect the repairs. Any repairs or replacement that would interrupt Tenant's intended use of the Premises will be made outside of Tenant's operating hours, except in the event of an emergency requiring immediate work for safety and protection of persons and the Premises. - 8.5 Keys. Landlord shall provide Tenant with a set o~four kevela_the t'rPm;~~~ on - before the Commencement Date. Tenant will be responsible for replacing lost keys or re-keying. If Tenant chooses to re-key the Premises, Tenant shall provide Landlord a spare set of keys for the purposes of repairs, maintenance, or emergency access. 9. Alterations. Tenant will have the right to make alterations or further improvements to the Premises subject to the requirements of this Section, as follows: 9.1 Landlord's Written Consent. Landlord's prior written consent is required, which will not be unreasonably withheld, conditioned, or delayed except as expressly provided otherwise below. 9 9.2 Structural Changes. Landlord may withhold or condition its consent in Landlord's sole discretion if the alterations or improvements require any structural changes or modifications to the Building, or involve any alteration of the exterior of the Building, or consist of alterations to improvements other than the Building or the construction of new improvements on the Common Areas, whether or not the proposed improvements would be adjacent or attached to the exterior of the Building. 9.3 Alterations or Improvements to Create New Space. If any such alterations or improvements are to create new space to be occupied by a Subtenant rather than being needed and intended primarily for Tenant's own operation and use, then Landlord in its sole discretion may withhold or condition its consent. 9.4 Landlord's Review of Proposed Plans. For all alterations or improvements, Tenant will furnish Landlord with proposed plans and specifications for Landlord's review and approval, which approval will be deemed given if Landlord fails to respond to Tenant's submittal within 30 business days. 9.5 Tenant to Perform Alterations and Improvements. All alterations and improvements that are permitted under this Lease Agreement will be performed by Tenant, at Tenant's sole cost, in compliance with all applicable codes, rules, and regulations, in a professional manner with quality materials equal to or better than the original. 9.6 Tenant to Provide As-Built Plans. Upon completion of any improvements or alterations, Tenant will provide Landlord with as-built plans for the completed work. 9.7 Alterations and Improvements to Become Landlord's Property. All alterations or improvements that Tenant constructs will, at the end of the Term, or earlier termination of this Lease Agreement, become the property of Landlord, except to the extent Landlord exercises its right in the following sentence to require removal. Landlord will not have the right to require Tenant to remove any such alteration or improvement at the end of the Term, or earlier termination of this Lease Agreement, unless the removal obligation was a condition of approval of an alteration made after the initial completion of the Premises. 9.8 Tenant Not to Alter Root' or Exterior Walls. Tenant wil l not penetrate the roof or make installations on the exterior wails or the roof of the Building without Landlord's prior written consent. 10. Liens. Tenant covenants to keep the Premises and the Common Areas free from all construction liens and all other liens of any type whatsoever arising out of Tenant's repair, alteration, maintenance, and use of the Common Areas or Premises. If a lien is filed, Tenant must, within 30 days after knowledge of the ding, secure the discharge of the lien or deposit a sufficient corporate surety bond in an amount required by Oregon law to remove the lien. Landlord expressly reserves the right to post notices of nonresponsibility under the lien laws of the state of Oregon. 11. Insurance. 11.1 Property Insurance. 11.1.1 Upon commencement of construction of the Premises, Landlord shall declare the Premises as a Landlord Property to Risk Management in the Department of Administrative Services. 10 11.1.2 Promptly after the Commencement Date, Landlord and Tenant shall jointly declare the Premises as Tenant Property to Risk Management in the Department of Administrative Services. 11.2 Liability Insurance. The Parties understand that each is insured with respect to tort liability claims by the State of Oregon Insurance Fund, a statutory system of self insurance established by ORS Chapter 278, and subject to the Oregon Tort Claims Act (ORS 30.260- 30,300). Each Party agrees to accept that coverage as adequate insurance of the other Party with respect to personal injury and property damage. In addition, each Party agrees that any tort liability claim, suit or loss resulting from or arising out of the Parties' performance of and _ activities under this Lease AgreementwU be allocated, as b teen the Pa>ties, insr~~sclans.e with-law-by Risk 1~4anagrnent in-tl Departrne'd~mtrative Series fer Interposes o€ - - their respective loss experiences and subsequent allocation of self-insurance assessments under ORS 278,435. Each Party agrees to notify Risk Management in the Department of Administrative Services and the other Party in the event it receives notice or knowledge of any claims arising out of the Parties' performance of or activities under this Lease Agreement. Tenant steal I not be responsible or liable for the actions of the Oregon State Police or the volunteer organization designated by Landlord to distribute free coffee, as provided in Section 6.5. 12. Damage and Destruction. 12.1 Repair and Restoration. Except as specifically provided otherwise in this Lease Agreement, if the Premises are damaged or destroyed during the Term by fire or other casualty, Landlord will repair or rebuild the Premises to substantially the condition existing immediately before the damage or destruction (excluding Tenant Improvements), to the extent Landlord receives sufficient insurance proceeds from Risk Management in the Department of Administrative Services. The work will be undertaken expeditiously and in good faith and will be completed by landlord as soon as reasonably practicable. If Landlord does not receive sufficient insurance proceeds to repair or rebuild the Premises, either party may terminate this Lease Agreement effective upon written notice to the other party. 13. Sublease. 13.1 Permitted Subtenants. Tenant may not, without the prior written consent of Landlord, which Landlord shall not unreasonably withhold; condition or delay, sublease any portion of the Premises to any third party. 13.2 Effect of Termination on Sublease. Upon the expiration of the Term or on the earlier termination of this Lease Agreement or the termination of the right of possession of Tenant, any sublease then in effect will likewise terminate or the right of possession of the Subtenant will cease, unless Landlord exercises its right, hereby granted by Tenant, to treat the expiration or termination as an assignment of the interest of Tenant in and to the sublease with the sublease continuing in full force and effect as a direct lease between the Subtenant anti Landlord on all of the terms, conditions, and covenants of the sublease, subject to Landlord receiving from the Subtenant such assurances from the Subtenant and sublease modifications as Landlord may require. 11 14. Assignment. 'Without the prior written consent of Landlord, Tenant will not assign, transfer, or encumber this Lease Agreement or any interest herein, or suffer a transfer of this Lease Agreement by operation of law. This restriction will not apply to a permitted sublease. 15. Surrender on Expiration or Termination. 15.1 Condition of Property and Improvements. Upon expiration of the Term or earlier termination of this Lease Agreement, Tenant will deliver all keys to Landlord and surrender the Premises in a state of good condition and repair and broom clean, reasonable wear and tear excepted. Alterations, additions, and improvements made by Tenant with permission from Landlord shall not be removed unless the terms of permission for the work so require. 15.2 Tenant's Property. Before the expiration of the Term or earlier termination of this Lease Agreement, Tenant will remove all furnishings, furniture, and trade fixtures that remain Tenant's property. 16. Dispute Resolution. Except as provided in Section 6.6, the Parties to this Lease Agreement shall resolve any dispute or disagreement under this Lease Agreement through discussion and negotiation, escalating the discussion and negotiation to higher levels of management, as necessary to reach resolution. 17. Quiet Enjoyment. Landlord warrants that Landlord is the owner of the Premises and has the right to lease the Premises to Tenant. As tong as Tenant is not in default under this Lease Agreement, Landlord will defend Tenant's right of quiet enjoyment from the lawful claims of all persons claiming by or through Landlord during the Term; subject only to the exceptions, reservations, and conditions set forth in this Lease Agreement. 18. Survival. The obligations and liabilities of Tenant arising under this Lease Agreement will survive the expiration of the Term or earlier termination of this Lease Agreement and the termination of the right of possession of Tenant. 19. Authority. Each Party warrants and represents to the other that the person(s) signing this Lease Agreement on its behalf has authority to enter into this Lease Agreement and to bind it to the terms, covenants, and conditions contained in this Lease Agreement. 20. Notice. Except as provided in Section 32, all notices required by this Lease Agreement must be in writing addressed to the party to whom the notice is directed at the address of that party set forth below the signatures on this Lease Agreement. Any such notice personally delivered, sent by recoo ized overnight courier service. or sent by United States mail, as registered or certified mail postage prepaid, will be deemed to have been given for all purposes upon receipt. Any such notice given by email will be deemed to have been given for all purposes upon the sender's receipt of confirmation generated by the recipient's email system that the notice has been received by the recipient's email system. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this Section. 21. Modification. No modification of this Lease Agreement will be valid unless it is in writing and is signed by both Parties through a fully executed amendment. 12 22. Integration. This Lease Agreement is the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained in this Lease Agreement. This Lease Agreement will supersede all prior communications, representations, and agreements, oral or written, of the Parties regarding the subject matter hereof. 23. Interpretation. The Section headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or meaning of the Sections themselves. 24. Severability. The invalidit~~ of any term_sr nrovisi~n afthis 1~rPPmPnt for - affect-the--validity ofanyLa(he-r=pravi~ie - 25. Waiver. Waiver by a Part), of strict performance of any provision of this Lease Agreement will not be a waiver of or prejudice a Party's right to require strict performance of the same provision in the future or of any other provision. 26. Binding Effect. Subject to restrictions in this Lease Agreement on assignment, this Lease Agreement will be binding on and inure to the benefit of the successors and assigns of the Parties, 27. Governing Law. This Lease Agreement will be interpreted and enforced according to the laws of the state of Oregon. 28. Counterparts. This Lease Agreement may be executed in multiple counterparts, each of which will constitute one agreement, even though all parties do not sign the same counterpart. 29. Time Essence. Time is of the essence in the performance of this Lease Agreement. 30. Exhibits. All exhibits refereed to in this Lease Agreement are incorporated by reference in this Lease Agreement as if fully set forth herein. 31. ODOT shall, upon execution of this Agreement, enter the required data into the Oregon Procurement Information Network (ORPIN) per ORS 190.115. 32. Emergency Contacts. In an emergency, the contacts for Landlord and Tenant are as follows: Richard Randleman 541,864.8828 Richard. Rand lemanCz~odot.state.or.us • Landlord-Post construction: Jerry Marmon 541.774,6355 Jerry. MARMON a @odot.state.or.us 13 • Tenant: Jeff Hampton 503.967.1564 Jeffvtraveloregon.com Signature Page to Follow 1 ]Landlord: Tenant: STATE OF OREGON, by and through STATE OF OREGON, by and through it-, epartrn~ t of Transportation its Oregon Tourism Commission - tg Nvay i-v ston mmistrator Date: 2015 Date; 2015 ODOT APPROVAL. RECOMMENDED By Frank Reading Date APPROVED AS TO FORM By David Elott via email Dated 2/2/2815 ODOT Contact: Name: Richard Randleman Address: 100 Antetope Rd White Cite OR 97503-1674 Phone; 541 864,9828 Email: Richard,Randlenian a odot,state,or,us Tvavel Oregon/Oregon Tourism Commission Contact: Naive: Jeff Hampton Address: 250 Church Street, Suite 100 ~ i Salem OR 97301____ Pone: 503.967.15b4 Email: Jeff@Crave[oregon.com With a copy to: Name; Scott West Email: scottCtraveloregonxom I 15 I STATE AI ( Ohti by 'an 3 thro tgh' S 1# fir"a fld ,..i Y 4od thro-, , gh dt. epaT Ccrf'[rsaWttjaij ftsPfe&11TL}utOIliC" 1015 ~Z--- 2015 3y _ F Ieheaditit .`~F~naes ~art~~!~a~stlie~a~. WWWulty O 9'~R.A 1674 email; Travel. 4,r~c~i~au(C~aegan N9: T'b#inzlYp3i ~ix~1' J~if(~~z~v~I~•:Czt~,:cam with a: cow vp Name, s"maw.4o8t Z003 39A QNOYMN Noll GA I461.6 IRS SZ&Z SoIN230 1N3Vi3~iROQ'Jd iow OGL99016EP9 IE:OZ• 9tEZ/Z@/Z9 CIIY=33~ Landlord: Tenant: STATE OF OREGON, by and through STATE OF OREGON, by and through its Department of Transportation its Oregon Tourism Commission By: By: Highway Division Administrator Date: , 2015 Date: , 2015 ~r ODOT Rf7V E ED n BY Frank Readin Date APPROVED AS TO FORM By - - David Slott Date ODOT Contact: Name: Richard Randleman Address: 100 Antelope Rd White City OR 97503-1674 Phone: 541.864.8828 Email: Richard.Randleman@odot.state. or. us Travel Oregon/Oregon Tourism Commission Contact: Name: Jeff Hampton Address: 250 Church Street, Suite 100 - Chem 097301 - Phone: 503.967.1564 Email: www.TravelOregon.com with a copy to: Name: Scott West Email: scott@traveloregon.com 15 EXHIBIT A TENANT AREA OF RESPONSIBILITY 1w ELCOME cE,~iTER 11 e a i BRILIGE PLAZA I~ •.I LOOKG UT p BRIDGE i"OWER_ BRIDGE k k E TROOM 406 ~n Indicates Travei Oregon Facility Maintenance Responsibility " CONCEPT A SITE PLAN P-U, 16 EXHIBIT B PROPERTY LOCATION SECTION 24, T-39S„ ,.I E,, WIM. ST,.F„ Mp39 IT-, VC File 6676-{743 sF-ix,s~P,39 €E 13D r ` - ' ln$t9 51103 1A COP, r CS x~kal c ~ . i~ lar,aati: ~ ~ File 667E'r0©2 c~.t~ets - fnst. &J-511~J0 Shaded Areas Depict the 5sk: you Rest i } l Area Property L:)cadon (the "Property") 15 'S `'j Z~ o.crF,4 NT: 7 ~ 1QX ;Q Sw cop, r O 5 [7t C 5& j ^3 Corgi l 1 ~w i.7tu. 401 LOT 1 t Y 5-1235 7'3$ File 63 n zt 4$ 57 5-4 50c f r =i z2e Q ciw a• ",i; _ ` a• H 737 j 1 RC Y, `:t r 723 ons `^a S l 5.rgl e. 601 721 r~. - C5,1Y??f L r, +7V a S~6 ~ file 6676-M4 f V~'NGOR.. / ~ ~ ; 1 .3 A. G~.G r5 lnsit 9335239 =5-79" 7` L(?72 RESOLUTION NO.2015-63 A RESOLUTION OF THE CITY COUNCIL APPROVING AN OREGON DEPARTMENT OF TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO EXTEND WATER AND SEWER SERVICE TO THE SISICIYOU WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE THE CITY LIMITS OF ASHLAND AND REPEALING PORTIONS OF ORDER NO. 2011-JUNE RECITALS: A. The Ashland City Council on June 21, 2011, having been fully advised by the record of hearings, facts and conclusions of the City of Ashland Planning Commission, by City Staff, the Oregon Department of Transportation (ODOT) and having heard public testimony related to ODOT's proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), adopted an order approving the extension of City water and sewer service to the SWCRA, B. The Order approved by the City Council, subsequently titled "Order 2011-June," concluded the following: 1. The City of Ashland Charter and the City of Ashland Resolution 97-27 permit water connection to governmental facilities outside the city limit; 2. ODOT must obtain State Planning Goal 3, 9, and 11 approvals before City will extend sewer and water facilities to service the development; 3. Prior to any construction or development of the SWCRA, staff of the City Public Works will draft an intergovernmental agreement between ODOT and the City that ensures funding of construction and operation that is acceptable to the Mayor and Council; and 4. The presence and use of and information distributed by the Siskiyou Welcome Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and surrounding areas and to all those who travel to and visit the City via Interstate 5. 5. If developed and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon, negative impacts, if any, to surround ng neighborhoods can be managed in order to address its presence and those visiting and leaving the facility. Therefore, extending service of potable water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the interest of and benefit to the City of Ashland. 6. The City approves ODOT's application to extend water and sewer service to SWCRA contingent on (a) the Welcome Center being built; (b) water provided by the City may not be used for irrigation; (c) there must be adequate funding for maintenance and staffing of the SWCRA; and (d) the SWCRA must be completed by June 21, 2015. C. ODOT now has adequate funding for construction, maintenance and staffing of the SWCRA; has obtained all required land use approvals; and has committed to and developed plans consistent with use of City water only for non-irrigation purposes. An intergovernmental Page 1 of 2 agreement between the City and ODOT is presented for City Council consideration along with this resolution. D. ODOT will be unable to complete the SWCRA within the four-year limit imposed by Order 2011 -June due to unanticipated delays in obtaining land use approvals for the SWCRA. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The determinations in Recital B, above, are hereby adopted by the City of Ashland, except that the deadline for project completion set forth in Recital B(6)(d) is hereby revoked. SECTION 2. Order 2011-June is hereby, repealed as to Section B.1 through 6 of this Resolution, and except as modified above, the Order shall remain in full force and effect. This resolution was duly PASSED and ADOPTED this 1r1 day of 7~2br-,0- rs , 2015, and takes ect upon signing b the Mayor. Ba ara Christensen, City Recorder SIGNED and APPROVED this l~ day of FebrtAar-L1 , 2015. Stromberg, Mayor Reviewed as to form: -WAr-7, D as kMcGeary,\A7sst. Ci Attorney Ashland City Council Meeting February 3, 2015 Page I of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 3, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 20, 2015. City Recorder Barbara Christensen added there were two vacancies on the Budget Committee as well. Mayor Stromberg moved agenda item #1. Continued discussion of proposed ordinance updates, under X. Unfinished Business after XI1. Ordinances, Resolutions, and Contracts. Mayor went on to explain the Police Chief would provide an update on the case involving a local teenager that had runaway. APPROVAL OF MINUTES The minutes of the Executive Session of January 20, 2015 and Business Meeting of January 20, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Brad Christ, CIO for Southern Oregon University (SOU) and Adrienne DeDona from Jeanne Lawson Associates (JLA) submitted documents into the record and presented on the SOU Cogeneration Project. Mr. Christ explained two of the four steam boilers at SOU were at the end of their lifecycle. Through a grant from the USDA, SOU researched alternative options that included biomass as a viable option for a cogeneration project. Biomass cogeneration would provide steam and electricity to offset what the university currently used. SOU hired public outreach firm JLA to gather community feedback on biomass and the project in general. JLA conducted a survey on the SOU Cogeneration website, received 113 responses with 65% supporting the biomass option. A phone survey of approximately 300 residents approved using biomass 63%. SOU would consider public input, make a determination to ask the legislature for funding the cogeneration project, and decide whether to use biomass or natural gas. The biomass cogeneration facility would be located in the maintenance yard adjacent to McNeal Hall. SOU would store 48 hours of biomass material in an enclosed silo at the yard. SOU discussed possibly using mitigation with people opposing the project. They would use the best available at the time pollution control equipment, would meet all Department of Environmental Quality (DEQ) standards, and do the best they could to remove particulates and ensure good air quality. The primary reason people supported the biomass option was it supported the local forest economy. The secondary reason was it supported SOU's carbon reduction targets. Emissions from trucks transporting the material to SOU and the harvesting were included in the emissions calculation. John Fisher-Smith/945 Oak Street/Shared his background as an architect and his experience with big projects. The public input portion of the study was somewhat insincere. SOU used the $250,000 grant primarily to validate whether a biomass plant would work for SOU. The project would cost $12,000,000 and he equated it to hiring an elephant because the bi-products would heat the campus. Air quality was Ashland City Council Meeting February 3, 2015 Page 2 of 8 the key. Using biomass slash was not sustainable. Burning carbon created a lot of carbon dioxide (C02). Police update on local teenage runaway. Police Chief Terry Holderness shared information that the teen intended to runaway. He clarified what her father suspected was blood in the car was actually dirt. There were several sightings and possible changes to the teenager's appearance. The Ashland Police Department had received tremendous cooperation from California agencies including the Department of Justice. California had approximately 200,000 juvenile homeless runaways that would make it more difficult to locate the teen. Another issue was Ashland Detectives were sure the teenager's friends were withholding information. Currently there was no evidence of a crime committed. PUBLIC FORUM Scott Green/Spoke regarding police harassment in the community and the honesty of police officers. Caleb LaPlante//405 NE 7`r' Street, Grants Pass/Represented ACT (Abolish Child Trafficking) Southern Oregon. He addressed the January Child Trafficking Awareness Month proclamation read at the January 20, 2015 meeting and provided additional information regarding underage sex trafficking in Oregon and local communities. He submitted documents into the record and briefly described events and programs that helped to deter child sex trafficking. Sharre Whitson/503 Airport Road, Medford/Explained she was the executive director of Redemption Ridge and spoke further on child sex trafficking and what it meant for Jackson County. Social media played a key role. Perpetrators transported girls down the 1-5 corridor and moved them frequently. Last year in the state of Oregon alone there were 200-300 reported incidences of child sex trafficking. She worked with 10 victims locally in 2014. Nationwide, approximately 100,000 children were victimized through sex trafficking. Redemption Ridge served the families and victims in the community and was in the process of setting up a safe home. Huelz Gutcheon/2253 Hwy 99/Referred to testimony he provided during Public Forum at the January 6, 2015 meeting regarding his suggestion for the Ashland Renewable Energy Acquisition Department as a replacement for the Planning Department. The department would consist of three divisions, expedited solar panel installation, home energy upgrades, and zero net energy destinations. The City would hire an experienced energy performance manager, ten local and specialized carpenters, someone to handle the financial side and another two employees to replace the current Energy Conservation Division and described how. Upgrading all the homes in Ashland would reduce structural energy needs 40yo. CONSENT AGENDA 1. Resolution titled, "A resolution authorizing signatures, including facsimile signatures for banking services on behalf of the City of Ashland" 2. Liquor license application for Marlane Balcomb dba ABC Kitchen 3. Annual report from Rogue Valley Community Television Councilor Marsh pulled Consent Agenda item #3 for discussion. PEG (Public Education, Government) Access Coordinator Brandon Givens explained defunding, changes in services, additional programs, and software upgrades were some of the reasons costs increased for public access television. Management Analyst Ann Seltzer added part of the federal conununications tax restricted the amount and use of franchise fees along with the use of PEG fees. The City paid approximately $48,000 annually in PEG fees with the remaining $7,000-$8,000 supplemented from the General Fund. Councilor Rosenthal/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. Ashland City Council Meeting February 3, 2015 Page 3 of 8 PUBLIC HEARINGS (None) NEW AND NUSCELLANEOUS BUSINESS (None) ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution of the City Council approving an Oregon Department of Transportation request to the City of Ashland to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility located outside the city limits of Ashland and repealing Order No. 2011-June," and approval of an intergovernmental agreement with ODOT for the provision of water and sewer service to the Siskiyou Welcome Center and Rest Area. City Attorney Dave Lohman excused himself from the discussion to ensure no conflict of interest due to his position on the State of Oregon Transportation Commission. Assistant City Attorney Doug McGeary explained his background regarding the issue. City Administrator Dave Kanner provided the history on the Welcome Center and Rest Area project. The project was outside city limits, the City was extending water and sewer to make the development possible and not granting development approval. Oregon Department of Transportation (ODOT) Area Manager Art Anderson explained they were requesting an extension on the 2011 order from the City regarding water and sewer connections for the Welcome Center and Rest Area. The original Rest Area closed in the late 1990s after a series of accidents one resulting in a fatality. The Federal Highway Administration had requested ODOT replace the facility as soon as possible. An extensive land use process delayed the project for a couple of years during which ODOT was unable to get the appropriate permits from Jackson County. ODOT agreed to numerous issues and concerns during the planning process and through discussions with Ashland. One concern raised was security. The Welcome Center would provide a station for the Oregon State Police and a permanent parking place. This would be the first of its kind in Oregon. Oregon Administrative Rules (OARs) allowed ODOT to police rest areas as well. The other safety concern was trucks parking near recreational vehicles at the facility. ODOT had established a separate rest area for trucks only at the point of entry that eliminated truck drivers using the new Welcome Center and Rest Area. The facility would have a parameter fence with a fenced access road off Crowson Road for people working at the Welcome Center and Rest Area. ODOT would set up security cameras so people working at the Welcome Center could monitor activity. The facility would have low flow toilets and sinks. Additionally, ODOT had purchased irrigation rights from the Talent Irrigation District (TID). ODOT Project Manager Tim Fletcher explained when ODOT purchased the property it came with water rights to the Dunn Ditch. Per the purchase agreement ODOT recently transferred the water right back to the owner. The property had a pipe system that connected neighboring properties to the Dunn Ditch for flood irrigation. ODOT extended the pipes to the parameter of the property and the ditch to intersect with an irrigation junction structure that would provide ODOT access to TID water instead of the Dunn Ditch water right. TID would release additional flow into Tolman Creek whenever ODOT's turn came in the rotation. The water would go into a 20,000-gallon tank underground for ODOT to use as needed. The TID water right entitled ODOT to more water than they would use. A drip irrigation system would water the landscape at the Welcome Center. Ramp, grading, and parking construction would occur summer 2015. The second phase was building the facilities and developing the landscape. A contractor would maintain the landscape for three years. Jeff Hampton, vice president of Operations for the Oregon Tourism Commission Travel Oregon addressed the Welcome Center and explained the Oregon Tourism Commission operated Welcome Centers at entry points to the state. Ashland City Council Meeting February 3, 2015 Page 4 of 8 Councilor Rosenthal disclosed Council received a letter of support from the City of Medford and that he worked for the City of Medford. The City Attorney determined there was neither conflict of interest nor a predisposed bias. Mr. Hampton addressed hours of operation and explained Travel Oregon intended to operate the Welcome Center during the high season, April through September, seven days a week from 9:00 a.m. to 5:00 p.m., and possibly the same during winter. Council expressed concern that ODOT's use of TID water right might interfere with the City's TID water right. Staff clarified intake of TID water for city use was downstream from the Welcome Center site. Property owners past the intake had lost water from City the year before. Public Works Director Mike Faught explained TID had a curtailment system for distributing water if the flow was lower. The City had sufficient waters rights through agreements with TAP (Talent Ashland Phoenix) intertie and TID. Mr. Anderson did not think ODOT would use pesticides on the landscape and would have to contact the maintenance department. Mr. Hampton noted the Welcome Center would have wifi and serve as an information hub for travelers. Mr. Fletcher explained they would use bladders at the far reaches of the project near Crowson Road to water that landscape. The majority of the area would be on a drip system. Maintaining the bladders would be in the landscape contract. TID determined the water rotations and when they shut the crater off, the Welcome Center and Rest Area would be no different from the rest of the valley. The plants used in the landscape were drought tolerant and native to the area. Assistant City Attorney Doug McGeary clarified the question before Council was whether to extend the agreement to provide water and sewer to ODOT for the Welcome Center and Rest Area. Where and how ODOT obtained non-city water for irrigation was not an issue of concern for Council. Discussing the value of having the facility was not an issue either since that was already decided. Mayor Stromberg further clarified the issue of whether people would be there or not was germane to the discussion. However, it was not clear whether ODOT using pesticides or their ability to water their plants was directly relevant. Mr. Hampton anticipated 100,000 travelers accessing the Welcome Center and Rest Area annually based on previous visit numbers. Volunteer groups would have the opportunity to provide coffee services and that would add additional people to the site. Mr. Anderson added the Travel Oregon planned to staff the Welcome Center year round although staff numbers would vary. ODOT maintenance personnel, contracted landscapers, and cleaners would provide a presence at the facility as well. In the event of a fire at the facility Jackson County Fire District would respond. The underground storage could also use as a water source if necessary. Councilor Voisin expressed concerns that ODOT would use potable water to water the landscape in the event of severe drought and the potential threat of fire due to smokers at the Welcome Center and Rest Area. Mr. Anderson reiterated ODOT would not use potable water from the City for irrigation purposes. Although smoking was prohibited at all state facilities he recognized the need to research designating an area for smokers. Councilor Voisin asked if ODOT had received their water rights from TID yet and when. Mr. Fletcher explained ODOT acquired TID water rights for the Welcome Center and Rest Area the same time they acquired them for Exit 14 approximately two years ago. Mr. Fletcher would forward a copy to Councilor Voisin. Ashland City Council Meeting February 3, 2015 Page 5 of 8 Councilor Voisin addressed the estimate ODOT provided on gallons of water per day and questioned why there was no provision for water usage during drought or curtailment in the agreement. Mr. Anderson responded ODOT would adhere to any City curtailment regulations and could add that to the agreement with the City if Council thought it helpful. Councilor Voisin asked how ODOT arrived at the 1,400 gallons of water per day estimate. Mr. Fletcher explained ODOT hired a specific architect who designed these types of facilities and they took projected use and calculated water usage based on sinks, toilets, ' urinals, and low flow. Mr. Fletcher would forward the calculations to Councilor Voisin. Allen Walters/775 St. Andrews/Worked for ODOT for 29 years in the Siskiyou Mountain area outside of Ashland. He wanted Council to be aware there were transcripts on record stating the danger of putting the Rest Area in that location. If the Rest Area were built, someone would be killed again. If Council took away the water, it would not happen, period. If Council wanted that on their conscious along with Jackson County and ODOT, that was OK. They needed to know it would happen again. Sandra Slattery/110 E Main Street/Explained she was the Executive Director of the Ashland Chamber of Commerce. Both the Chamber and Ashland Visitor and Convention Bureau (VCB) were involved with the Welcome Center and Rest Area since the Rest Area was removed from the old Siskiyou site in 1995. Over the years they worked closely with Travel Oregon and elected officials to ensure there was funding for the building and operations of the Welcome Center year round seven days a week. The Chamber had never supported a standalone rest area in the past and would withdraw support if that were the case. They also supported enhanced security measures. The Chamber and VCB supported a Welcome Center managed and maintained as a year round staffed operation with all the necessary security measures in place. Stephen Stolzer/1120 Oak Knoll Drive/Was not sure how Council could extend the agreement after hearing from. the presenters. He listed the questions not answered. No one would be there at night and that was his biggest concern. There were only two state police officers between California border and Grants Pass. He had concern for his neighborhood, the safety of his family, lighting, and smoking at the facility, and accused ODOT of not being prepared for the meeting. He wanted Council to consider the risks to his neighborhood. He did not want people sleeping on the road near his neighborhood. Allen Baker/955 Walker Avenue/Did not think the Welcome Center and Rest Area was a good idea. When Jackson County approved the project the County Commissioners wanted the City of Ashland to have the final say since it was adjacent to their community. The project did not make sense and no one was willing to admit it. Doug and Becky Neuman offered to put a Welcome Center at Ashland Hills, and that made better sense. Senator Alan Bates did not support the project and thought it was too costly and unneeded. Another concern was retaliation from ODOT if the project was not approved. Ginny Porter/1033 Oak Knoll/Asked Council to deny the extension. This was a negative investment for Oregon and was an insane idea. Anyone who thought it made sense did not know the facts or wanted to please some external entity. It was an absolute death trap and numerous deaths would happen. This was a multimillion-dollar dinosaur with costly overheard that would be ongoing. Ashland had a lot at stake. Council had the power to avoid a colossal mistake for the community. Alex Sol/761 Salislran Court/Explained he got his travel information using his cell phone. The notion that somehow people would magically stop at this Welcome Center and boost the economy because it was there in the middle of a residential community was madness. Transients would park there at night and have a clear path to homes in the Oak Knoll neighborhood. When he traveled he intentionally avoided Rest Areas because they were dirty, smelled bad, attracted crime and homeless people. He was incredulous the City would allow a rest area so close to Ashland. Rest Areas held a threat of accidents, Ashland City Council Meeting February 3, 2015 Page 6 of 8 attracted criminals, murders, sexual assaults and was upset Council would bring that to the community. Sue Lawrence/518 Crowson Road/Shared a newspaper article about the drought and could not understand how the City would give away this water. The current drought situation could be the new normal. Once Council made that decision they could never take it back. Mt. Ashland had no snow pack. She lived across from the Rest Area. She used Tolman Creek for irrigation and often it ran dry. She thought ODOT would use all the irrigation water and deplete the supply. Council was elected by the people of Ashland and needed to serve the people and not give their water away. This was a bad choice and she did not want it in her backyard. Steve Lawrence/518 Crowson Road/Attended the Jackson County planning meeting when ODOT received TID water rights. ODOT purchased them from Arrowhead Ranch at the Phoenix interchange. This was on the wrong side of the valley and not the same ditch. His questioned how ODOT would drip irrigation lawns. His had safety concerns. They had many vagrants and homeless people wandering in the Crowson Mill site, this would attract even more. The fence was on the east side and his property was exposed. Someone should be at the Welcome Center at night seven days a week. Jeanette Larson/1042 Oak Knoll/Explained as a therapist she worked with drug addiction and shared concern drug trafficking would increase once the Welcome Center and Rest Area was built. Using rest areas to purchase drugs was an easy way to obtain them. Another constituency was sex trafficking at the facility. Teenagers would find their way to the Rest Area and suggested Council send the facility to another location. Sharon Miranda/488 Crowson Road/Lived the closest to the Welcome Center and Rest Area and it would affect her greatly. The community needed time to process the information and she hoped Council would extend the meeting. There was no guarantee spending would increase in Ashland. People who stopped at the rest area to use the bathroom would not stop in Ashland. The community near the facility would be impacted very negatively. If something went wrong she wondered who would she sue, the state or the City of Ashland because Council refused to take into consideration the impact on local residents. They heard earlier in the meeting about hundreds of cases of sex trafficking in Oregon, the facility provided another way for that to happen. She expressed concern for Tolman Creek, the wetlands, potential washouts and floods and requested a current environmental impact study. Jerry Stein/806 Cypress Point Loop/Provided additional history on the Welcome Center and Rest Area. It was a good idea 16 years ago but not now. People accessed information about local services through their phones and laptops eliminating the need to stop at a Welcome Center. Instead of going to the Rest Area to use the bathroom travelers could drive an extra mile to Exit 14 where there were plenty of opportunities to use a restroom. He pointed out other bathroom options over a sixteen-mile stretch on the interstate. It was ludicrous to think a rest area was needed at that location. Lois Langlois/815 Cypress Point Loop/Attended meetings regarding this project over the last seven years. Ashland was in a drought situation and this was a good opportunity for Council to reconsider if it was a wise decision four years ago to offer Ashland's water to an external agency. The community near the Welcome Center site wanted the same quality of life others in Ashland had. Council was their last resort to protect their values and quality of life as Ashland citizens. They were counting on Council to do the right thing. Mayor Stromberg clarified the decision before Council was whether to extend water and sewer services to the proposed facility. Council had the ability to propose modifications to the agreement with ODOT. Mr. McGeary further clarified the decision to extend water was made and the choice now was whether to waive the four year requirement in the June 2011 order. He suggested adding the following language to Ashland City Council Meeting February 3, 2015 Page 7 of 8 the resolution under Section 2 "As to Section B 1-6 of this resolution, and except as modified by Section 1 above, the order shall remain in full force and effect." Councilor Voisin/Seffinger m/s to not approve the Resolution. Councilor Lemhouse raised a point of order to ask by not approving the resolution Council could change the agreement already made or deny the request to change the agreement. Mr. McGeary clarified Council could add other conditions to the resolution. DISCUSSION: Councilor Voisin did not want an extension to the agreement because there were many safety issues that were not addressed. Water was a huge issue for her. She also had not seen any financial figures or background on how the facility would be financed and ongoing maintenance. Councilor Seffinger was concerned about the drought and TID water in the future, safety, and how the residents felt. Mr. McGeary explained Council had given public notice to change the time on the extension and had not given public notice about changing the agreement and reconsidered his previous response. Council could not make changes unless they wanted another meeting. It would involve reviewing criteria in Resolution 1997-27 that allowed water outside city limits and he did not have that information for this meeting. Councilor Voisin raised a point of order, expressed concern regarding the Assistant City Attorney's comments, and questioned why the motion was no longer valid. Mayor Stromberg clarified Councilor Voisin's point of order intended to challenge the Assistant City Attorney's ability to invalidate the motion. Mr. McGeary responded the motion was valid but discussion regarding the criteria was outside the notice of the meeting and therefore not appropriate. Councilor Voisin changed her explanation and disagreed with any extension. Mayor Stromberg indicated that Councilor Voisin did not have the floor. Mr. McGeary further clarified Council could discuss irrigation in a separate motion. Councilor Seffinger revised her statement and commented ODOT should not receive the extension because their time was over. Councilor Lemhouse had not supported the agreement in the past. The City had not violated the agreement and the appeals done by the citizens were within their right. He was not compelled to support the agreement at this time. Councilor Morris thought it was bad policy to vote for the motion. In land use process, timeline extensions occurred often. In this case many of the appeals against the project were unfounded. He would not support the motion. It set precedence that anytime someone did not like something, he or she could start fruitlessly appealing until the clock ran out. Alternately, all the other criteria in the resolution still applied and voting against the resolution would vote down that criteria. Councilor Marsh reviewed the video of the meeting that determined the four-year timeline. It was a last minute addition and an effort to ensure the applicant did due diligence moving forward. She observed ODOT was moving forward diligently whether or not the public liked the project. ODOT had obtained approvals, were in the process of beginning construction, and had staffed the Welcome Center. The four years was not predicated on anything but a good idea at the last minute. Councilor Rosenthal/Morris m/s to lay the matter on the table. City Recorder Barbara Christensen indicated it was 10:30 and the meeting was now over. Motions on the table at this point were dead. The matter would automatically continue to the next meeting without the motions Council had made. Ashland City Council Meeting February 3, 2015 Page 8 of 8 2. First reading by title only of an ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36" Item delayed due to time constraints. UNFINISHED BUSINESS 1. Continued discussion of proposed ordinance updates Item delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS ADJOURNMENT OF BUSINESS MEETING Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Ashland City Council Meeting February 17, 2015 Page I of S MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 17, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m, in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 20, 2015. There were two vacancies on the Budget Committee as well. APPROVAL OF MINUTES The minutes of the Study Session of February 2, 2015, the Business Meeting of February 3, 2015, and the Joint Meeting with the Parks Commission of February 11, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Semi-annual update from the Ashland Community Resource Center David Mulig, director of Support Services for ACCESS and Leigh Madsen tite manager for the Ashland Community and Resource Center (ACRC) provided the update on ACRC, a collaborative effort from ACCESS and Options for Homeless Residents of Ashland (OHRA). To date, ACRC used $55,529.72 of the $100,000 provided by the City of Ashland. ACRC raised and received grants for an additional $20,000 and several organizations and agencies contributed over $13,500 in services to the Center. Mr. Madsen explained the Center served 600 individuals over the past year, 350 were homeless. ACRC housed 29 families. He shared three client stories that demonstrated the unique ways the Center helped community members over the past year. Next steps included a second year budget revision and fundraising. Grants enabled ACRC to hire Mr. Madsen as a full time employee that would extend Center hours. Other grants would contribute to the jobs program. Mr. Madsen addressed transition housing and explained housing in Ashland was incredibly unaffordable and often failed to meet the reasonable standard set by the federal government. He thought it would take a consortium that included the Housing Authority of Jackson County, ACCESS, and other agencies to look at what it would take to have units in Ashland that people could afford. Mr. Mulig added ACCESS did have a housing department and owned and managed affordable housing throughout Jackson County. ACRC provided services to housed families that included vouchers for clothing and vehicle repair, and rent assistance. One issue was making housed families that were struggling aware of the Center and services available to them. The Center held a Fall Fest event specifically marketed to homed families struggling to keep their homes that was very successful and planned another event for spring. PUBLIC FORUM Huelz Gutcheon/2253 Hwy 99/Added to testimony he gave at the January 6, 2015 and February 3, 2015 Public Forums regarding the proposed Ashland Renewable Energy Acquisition Department consisting of three de-carbonizing divisions, City Policy Procurement Generators, a Home Energy Upgrade Program, and the Structural Body Community Center. The Structural Body Community Center will have the best zero net Ashland City Council Meeting February 17, 2015 Page 2 of 8 energy generation design to construct a mixed-use retail shop downtown with a solar roof. He explained the shop would have an interior display cutaway of the R70 wall assembly, and a functional model of the automatic window coverings. An animation of the solar roof voltage switching options for space heating, electric vehicle charging, or both and views of the utility room tracing the air to water heat pump in various water tank heat tank battery mode and real time see-through fresh air heat recovery ventilator showing air movement through transfer channels which can be adjusted. The floors above would be overnight accommodations. The roof would have various attic configurations on display as well. He referred people to view a video on YouTuba titled Structural Wattage for more information. Global warming solutions were here and everyone needed to learn them quickly. CONSENT AGENDA f. Minutes from boards, commissions, and committees 2. Request for approval of AFG SAFER Grant application through the Department of Homeland Security Councilor Morris/Rosenthal m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS None UNFINISHED BUSINESS 1. Approval of a resolution titled, "A resolution of the City Council approving an Oregon Department of Transportation request to the City of Ashland to extend water and sewer service to the Siskiyou Welcome Center and Rest Area facility located outside the city limits of Ashland and repealing Order No. 2011-June," and approval of an intergovernmental agreement with ODOT for the provision of water and sewer service to the Siskiyou Welcome Center and Rest Area Mayor Stromberg explained at the end of the last meeting time ran out during deliberation on a motion regarding the Welcome Center and Rest Area. The item continued to this meeting and the motions under consideration fell to the floor and were no longer a part of the agenda item. City Administrator Dave Kanner explained Ashland was not the land use approval agency in this matter. Jackson County was the approving agency and had already granted land use approval to the project. The approval went through multiple appeals and survived them all. The decision before Council was not to approve or disapprove the land use. The City of Ashland agreed in 2011 to extend water and sewer service to the Welcome Center and Rest Area with a contingency the project completion occurred within four years. The question before Council was whether to lift that contingency. If the Council decided to lift the contingency, the Oregon Department of Transportation (ODOT) needed to negotiate an intergovernmental agreement (IGA) with the City. Council could seek to include assurances about many of the issues raised at the February 3, 2015 meeting in the IGA including security, landscaping, and staffing. If Council decided not to lift the four-year completion contingency or reject the negotiated IGA, the City would not extend water to the project. That would not necessarily stop the project. It meant ODOT tipper management would have two options. One, they could identify another source of water and build the Rest Area possibly with or without a Welcome Center. That would require them to seek a modification of their conditions of approval from Jackson County that could lead to a new round of appeals and delays. The second option, ODOT could abandon the notion of replacing the closed Rest Area altogether and face whatever consequences the Federal Highway Administration (FHWA) might impose, assuming the FHWA would allow ODOT to do that. The possibility of moving the Rest Area to a different location meant ODOT would write off $2,000,000 already vested in the project. Council could discuss whatever it wanted to discuss but the City adopted criteria upon which it relied to determine whether to allow water connections outside city limits. Straying beyond those criteria as a basis Ashland City Council Meeting February 17, 2015 Page 3 of 8 for a vote on the matter would be legally problematic. Many issues raised during the February 3, 2015 meeting were best addressed during the IGA negotiations. However, if Council voted not to lift the four-year contingency, the IGA and discussion of what might be included in an IGA was moot. Councilor Voisin questioned why there was no public input when there was new information regarding the reason why ODOT failed to meet the four-year requirement. Citizens had responded to the new information claiming there were delays directly related to ODOT not just citizens delaying a process. Assistant City Attorney Doug McGeary clarified it was Council's prerogative to determine the scope of the discussion. The Mayor could allow people who had testified earlier to speak on a fact they had knowledge of regarding the resolution and not stray from that topic. Councilor Rosenthal noted the timeline in question was part of the February 3, 2015 meeting packet at which point people had the opportunity to comment during the public testimony period. Councilor Voisin responded Council comments during that meeting were slightly off target and should have focused on that chronology. Mayor Stromberg ruled that people who spoke at the February 3, 2015 could speak to the timeline. No one was interested in speaking to the timeline. ODOT Project Manager Tim Fletcher explained ODOT was in the process of completing the design for the site civil piece that would address parking lots and ramps. The second phase would include the buildings. They wanted to bid the project for the site civil piece June 2015. The contractor would decide which building to build first. ODOT already had sewer rights from the previous rest area located at milepost 10 established in 1975 that extended to Exit 14. ODOT would use that line with the new facility. They had Talent Irrigation District (TID) water rights for irrigating the landscape as well. ODOT Area Manager Art Anderson addressed what might happen if ODOT did not build the Siskiyou Welcome Center and Rest Area. ODOT received funding through federal and state gas tax dollars. The original Rest Area was well used but in a bad location. The FHWA looked at Rest Area locations in terms of passenger safety and attempted to space them 30-60 miles apart. There was a significant need for a Rest Area in that location and the FHWA could withhold federal interstate maintenance funds from ODOT if they did not comply. The FHWA did not take into account businesses as potential Rest Areas and looked to independent facilities to fulfill those needs. Councilor Lemhouse expressed concern regarding the FHWA's ability to withhold funds as a punishment for not complying on projects. Mr. Anderson clarified the federal government had expectations of the individual states like mandatory interstate maintenance and used funding appropriately for compliance. The federal government had the authority to direct state transportation departments regarding maintaining and operating the interstates. ODOT would have to use state dollars to maintain the interstate fully instead of using federal funds in the event the FHWA withheld federal dollars for non-compliance. If the City did not extend water and sewer rights for the Welcome Center and Rest Area, ODOT would research options. The federal government mandated Rest Areas and ODOT could end up building one without a Welcome Center. He confirmed ODOT did not staff Rest Areas other than cleaning and garbage. Oregon Travel Experience maintained Rest Areas throughout the state. Rest Areas every 30-60 miles was a guide established by the American Association of State Highway and Transportation Officials (AASHTO). The site civil project would take approximately nine months and the buildings another 10 months depending on weather. Both projects would overlap. Assistant City Attorney Doug McGeary confirmed ODOT had the infrastructure to obtain sewer and would require a renewal of the permit. Public Works Director Mike Faught added in 2011, staff determined the City would allow ODOT to reconnect to the sewer system since they had the previous connection. He confirmed the City had the capacity to extend water and server to ODOT. The amount was equivalent to 3.7 homes. The Water Master Plan annual population growth forecasted an increase of 561 with an actual increase of 217. The Plan also anticipated more droughts in the future. The City's capacity to provide water to this facility had not changed. If the IGA had a 100-year term, the City would provide no more than 1,400 Ashland City Council Meeting February 17, 2015 Page 4 of 8 gallons of water per day. That amount would not change over time. Councilor Marsh/Rosenthal m/s to approve Resolution 2015-03. DISCUSSION: Councilor Marsh spent that last two weeks reviewing some of the thousands of pages of testimony regarding this issue on file in Jackson County. Four years ago, Council set forth findings based on criteria for approving the extension of sewer and water to this site. Council needed to determine if the criteria was still valid and if so, were there grounds for extending, suspending, or amending the four-year deadline. The conditions were still valid. ODOT complied and met the criteria. Mr. Faught confirmed the City still had the capacity to extend sewer and water to the site. She did not see any grounds in the criteria for not extending. She watched the video from the 2011 meeting establishing the four-year limit. Council added the four-year deadline to the motion at the last minute to keep ODOT diligent. Over the past four years, the project had moved forward, She suggested adding a new deadline for a one-year extension for the start of the project. Councilor Rosenthal explained Council did not have the ability to prevent construction of a building. Faced with the prospect an unsupervised Rest Area or a supervised Welcome Center and Rest Area the latter was the safest option. The best approach was negotiating the [GA. Councilor Morris would support the motion. Given the constraints Council had to operate, this was the only motion to make. The ODOT Rest Area would happen either way. Councilor Seffinger felt for the community and the safest vote for the community was supporting the motion and ensuring safety measures in the IGA. It was far safer than a facility with no supervision at all. Councilor Lemhouse was against the project for six years and thought the tourist and economic benef is were exaggerated. There would be negative impact on Ashland with this project. He could not recall a single issue so unanimously rejected by so much of the community and felt the community was ignored by the county, state, and federal governments. The City of Ashland did not violate the agreement. He thought the same issue with the federal government would come back during the IGA. He would vote against the motion. Councilor Voisin would also vote against the motion. ODOT had four years to complete the project, and did not. The four-year limit was seriously set, Council knew what they were doing, and ODOT did not do their due diligence. She rejected the argument the delays were caused by the citizens appealing the project. The citizens expressed their serious concern per their rights. Mayor Stromberg added Council was aware of the public's concerns and took them seriously. Extending the water and sewer would allow the City to negotiate the IGA. If negotiations failed the City would not supply water. Roll Call Vote: Councilor Marsh, Rosenthal, Morris, and Seffinger, YES; Councilor Voisin and Lemhouse, NO. Motion passed 4-2. Council suggested a Study Session to discuss the IGA and wanted the following elements considered in the IGA: • Perimeter fencing • Site security: surveillance, fencing, crime deterrents, consistent presence at the site, police presence • Crowson service road gated and fenced t? • Amount of staff at the Welcome Center • Water curtailment • Maintain landscape and facility appearance • Background checks on personnel • Pesticide use on grass - no Roundup • Fire retardant roofing material on the buildings • Establish a process to monitor 1,400 gallons of water per day with penalties for exceeding usage • Monitor City water to ensure it is not used for irrigation • Build the Welcome Center before the Rest Area or at the same time • Water not supplied until construction for the Welcome Center is complete • Establish a two-year dead tine to complete construction instead of 10 years Ashland City Council Meeting February 17, 2015 Page 5 of 8 • Annual reports from the Public Works Department on water and irrigation usage • Ensure there are accommodations for volunteers or community groups to provide coffee • If ODOT transfers maintenance responsibility to Oregon Travel Experience, they adhere to the IGA • Explore the possibility of providing City water for a fire prevention sprinkler system • Include the mutual right to terminate the agreement • Provide a first aid station and a defibrillator • Prohibit smoking within 20-feet of the site and provide cigarette butt containers • Give the Ashland Chamber of Commerce and the Visitor Convention Bureau a prominent area that highlights tourism activities in Ashland • Provide charging stations for electric cars • Provide wifi Staff would work with ODOT on what suggestions were viable and bring that information for Council to discuss at a Study Session. Council would submit additional suggestions to staff. The IGA would eventually go before a regular Council meeting for public input and further discussion. NEW AND MISCELLANEOUS BUSINESS 1. Information on hanging flower baskets Management Analyst Ann Seltzer explained staff identified twenty-eight light poles in the downtown along Main Street and Lithia Way for approximately 56 flower baskets. The maintenance cost for each basket through Four Seasons Nursery was $300-$330 per basket for a total of $15,000418,000. If the City purchased the brackets, it would reduce overall costs by $50 per basket. If Four Seasons nursery provided the brackets, they would own them and remove them if the City discontinued the service. Four Season Nursery would plant cascading petunias, water them daily, and deadhead, trim and fertilize them every week. The brackets would fit on utility poles if the City decided to expand. The recommended height of the basket was 12-15 feet. The program ran from early May through October. Maintenance cost $1.23 per basket and approximately $68 daily for all 56 baskets for a monthly cost o $2,000 and $12,300 of the total $18,000 for the program. Initiating the program then discontinuing would cost $5,600. City Administrator Dave Kanner commented the $18,000 for the program would be an intermediate procurement. Councilor Marsh added the Chamber of Commerce, and Barry and Katharine Thalden were interested in collaborating with the City with the Chamber of Commerce willing to fundraise for the cost of the flowers. The Thalden's were willing to pay for one third of the cost for the first year, leaving the City with only one third to pay. The City could use Transient Occupancy Tax (TOT) money, purchase the brackets, and transfer the balance from General Fund revenues. She addressed the drought and noted using 300 gallons of water a day for the baskets was a focused use of water and a way to make a tremendous impact on the downtown in a constrained way. Councilor Seffinger questioned why the flower choice was petunias, whether they would be multi colored, and if the City considered using polymers in the soil. Nis. Seltzer responded the City did not choose petunias this was what Four Seasons Nursery provided through their program. She would find out if they used polymers in the pots. Mr. Kanner added the baskets in Central Point last summer were multiple colors. Councilor Seffinger thought mixed flowers presented a prettier image. Ms. Seltzer clarified if the City purchased brackets the City was responsible for installation. Councilor Lemhouse/Marsh m/s that Council direct staff to move forward on hanging flower baskets project. DISCUSSION: Councilor Lemhouse thought beautifying the downtown was vital to Ashland's economic and livability interests. The cost was not high and the plan Councilor Marsh shared mitigated costs for the first year. Councilor Marsh thought after the first year local businesses could get involved and help sustain the program over time. Councilor Morris thought it was a good program and expressed concern Ashland City Council Meeting February 17, 2015 Page 6of8 the program would incur unseen costs. Voice Vote: all AYES. Motion passed. 2. 6'h Quarterly Financial Report of the 2013-2015 Biennium Administrative Services/Finance Director Lee Tuneberg explained the report covered the sixth quarter ending December 31, 2014. The City was in full compliance with the resolutions that established appropriations. The SDC Water Project showed an over expenditure and there were adequate funds in the Contingency to transfer and resolve the appropriation level. The City utilized $1,000 of the Contingency. Staff would request adjustments from Council if needed. Mr. Kanner addressed the difference in Intergovernmental Revenues budgeted for $10,000,000 with a year to date of $4,000,000. Grant funds were budgeted in the Capital Improvement Plan (CIP) for particular projects. If the grants did not come in, the revenue did not show in the statement but the money was still budgeted. If the grant came in, the City had the appropriation authority in the CIP to spend it, Councilor Rosenthal/Voisin m/s to accept the sixth quarter financial report for the 2013-2015 biennium. DISCUSSION: Councilor Marsh commented staff needed to get this information to the Budget Committee before it came to Council so the Committee could provide input to Council. Mr. Tuneberg responded that was the intention. However, the report was written the week before and due to workloads and staff absences they were unable to send it earlier. Voice Vote: all AYES. Motion passed ORDINANCES RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36" Management Analyst Ann Seltzer explained the proposed ordinance would require a permit only for filmmakers that needed exclusive use of public property. This approach eliminated the need to exempt types of film production. The ordinance addressed two primary points, mandatory requirements for all filmmakers regardless of whether a permit was required, and permit requirements. Ms. Seltzer noted that Southern Oregon Film and Media (SOFAM) helped establish the guidelines. SOFAM helped filmmakers vet their project prior to moving into the regulatory process if needed. Councilor Lemhouse/Morris m/s to approve First Reading of an Ordinance titled, "An ordinance establishing guidelines for film and media productions and repealing AMC 6.36." DISCUSSION: Councilor Lemhouse thought the ordinance addressed his concerns of being overly regulatory and directed people to the right places and permits if needed. Roll Call Vote: Councilor Marsh, Seffinger, Voisin, Lemhouse, Rosenthal, and Morris, YES. Motion passed. 2. Approval of a resolution titled, "A resolution of the City Council of the City of Ashland allocating anticipated revenues from the transient occupancy tax for the biennium 2015-2017 budget and repealing resolution 2013-15" Administrative Services/Finance Director Lee Tuneberg explained the resolution went along with the allocation and format identified in fiscal year 2012 and 2013 for the biennium. Council could estimate the proceeds from the Transient Occupancy Tax (TOT) and allocate it towards the state required amounts for tourism, 26.67% with the remaining going to non-tourism activities. Councilor Marsh noted problems with the non-tourism part of the allocation and relying on percentages. This year anticipated a significant increase for the biennium in the TOT. Small grant funds would increase in the range of $35,000 per year. She suggested putting the non-tourism funds into the General Fund that funded economic development and small grant programs and allow those programs to go through the regular budget cycle and make a case for an increase. Councilor Voisin wanted the Budget Committee to attend a Study Session and review TOT allocations and the process. Ashland City Council Meeting February 17, 2015 Page 7 of 8 Mr. Kanner addressed the $110,000 set allocation amount for the Oregon Shakespeare Festival (OSF). Council changed the amount from a percentage to a set figure in 2010. Mr. Tuneberg confirmed Council could make a policy change regarding the allocation for OSF. Councilor Voisin motioned that Council have the Budget Committee meet with Council in next month in a Study Session to review TOT for the biennium 2015-2017 budget. Motion died for lack of a second. Councilor Marsh/Lemhouse m/s that the non-tourism portion of the TOT be placed 100% into the General Fund operations to be allocated through the Budget process. DISCUSSION: Councilor Lemhouse was concerned in the past with how much money the City gave away in grants. This would make it less automatic. Councilor Voisin's concern was not having enough money for the grants and would vote against the motion. Mr. Kanner explained Council could take this motion as an amendment to the motion and vote on the amended resolution. Mayor Stromberg would take the motion as an amendment to the resolution stated in the Council Communication. Roll Call Vote: Councilor Morris, Rosenthal, Seffinger, Lemhouse, and Marsh, YES; Councilor Voisin, NO. Motion passed 5-1. Councilor Marsh/Lemhouse m/s to approve the tourism related portion of the TOT to be allocated as indicated in staff report. Roll Call Vote: Councilor Morris, Rosenthal, Seffinger, Lemhouse, and Marsh, YES; Councilor Voisin, NO. Motion passed 5-1. 3. First reading by title only of an ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 2.04.030(B)(1), Agendas" City Administrator Dave Kanner explained the amendment would clarify the right of a Councilor to place any item to any agenda with the caveat the Mayor could defer the item if the Mayor deemed it was not time sensitive or the agenda too full with the proviso the Mayor may not defer the item more than three months. Councilor Rosenfhat/Lemhouse m/s to approve First Reading by title only of an Ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 2.04.030(B)(1), Agendas." Roll Call Vote: Councilor Marsh, Lemhouse, Rosenthal, Voisin, Morris, and Seffinger, YES. Motion passed. UNFINISHED BUSINESS Continued 2. Continued discussion of proposed ordinance updates, including request for discussion of an ordinance to prohibit outdoor marijuana cultivation in residential zones City Administrator Dave Kanner and City Attorney Dave Lohman scored each one based on urgency and importance to create a prioritized list. If Council agreed on the ranking, staff would work their way down the list as time allowed. Currently staff was working on a list of ordinances Council already approved, one included the film and video ordinance. The short-term home rental would go before Council next meeting. Staff had draft ordinances for requiring dog licenses and vaccinations. Additionally there were internal discussions from the Conservation and the Electric Departments whether the City should consider modifications to the utility rate structure for large-scale indoor agricultural operations. Beginning July 1, 2015 it would be legal to grow marijuana for personal use and January 1, 2016, the Oregon Liquor Control Commission would start licensing large-scale commercial marijuana production facilities. Last fall the City responded to six odor complaints all over town from people growing medical marijuana outdoors. The City of Arcata CA experienced many problems with people growing marijuana in residential areas and had an extensive code section that dealt with the issue regulating indoor and outdoor grow operations. Another issue the City of Arcata experienced was people renting houses and converting them into Ashland City Council Meeting February 17, 2015 Page 8 of 8 commercial indoor grow operations. They addressed this problem through electric rates and an ordinance that limited the use. Colorado adopted an ordinance that addressed the same issue. Mr. Kanner suggested Council look into an ordinance that placed reasonable time, place, and manner restrictions on the outdoor cultivation of marijuana in residential zones and create ordinance language prohibiting turning a residence into a commercial grow operation. The City of Arcata at one point had 635 houses empty and used specifically for growing marijuana. The City's Code Enforcement Officer suggested rather than prohibiting growing marijuana outdoors since Measure 91 limited four plants to one household, screened from public view, the City focus on large-scale operations. Staff could work on a land use ordinance similar to the keeping of chickens ordinance and apply it to medical marijuana grow operations. Additionally, the City should have an ordinance recognizing the legal right to grow marijuana but only if the grow is in a house that is the primary residence. Mr. Kanner was also interested in working with the Electric and Conservation Departments. Ashland was an attractive location due to the low electric rates. Large scale commercial grow operations required a lot of power and could push the city into Tier 2 rates. City Attorney Dave Lolunan confirmed Colorado was experiencing the same problem as Arcata regarding rentals. Colorado had large industrial areas and blocks of homes rented out for marijuana grows and was actually ruining out of industrial space. Council supported the prioritized ordinance list, developing new ordinances regarding marijuana and giving the ordinances regarding marijuana higher priority. OTHER BUSINESS FROM COUNCIL MEMBEWREPORTS FROM COUNCIL LIAISONS Councilor Voisin explained she did not attend the State of the City Celebration due to a prior commitment at Southern Oregon University. She thanked Executive Secretary Diana Shiplet for her incredible efforts organizing the event. Councilor Marsh added the 2016 State of the City Celebration was already reserved the room for January 26, 2016. City Administrator Dave Kanner explained he would attend the Oregon Liquor Control Commission (OLCC) regional listening session regarding their rule making for legal marijuana in Ashland February 18, 2015. Part of the regulations would create energy efficiency standards for commercial indoor growing operations. Council supported Mr. Kanner attending and state support for energy efficiency standards. City Administrator Dave Kanner explained he would attend the Oregon Liquor Control Commission (OLCC) in Ashland February 18, 2015 for a regional listening session regarding their rule making for legal marijuana. Part of the regulations would create energy efficiency standards for commercial indoor growing operations. Council supported Mr. Kanner attending and stating City of Ashland support for energy efficiency standards. Mayor Stromberg asked Council for input regarding the new seating arrangement. Council was fine with the configuration. Councilor Lemhouse suggested moving the Recorder's position down to allow the City Attorney and City Administrator to sit to the right of the Recorder's station. Mr. Kanner responded the IT Department could not move the Recorder's station. The equipment involved required a fixed station. Councilor Lemhouse accepted the explanation but thought if they wanted it moved staff should be able to do it. Mayor Stromberg agreed and would address the seating arrangement and the Recorder's station with Council after a couple more meetings took place. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:03 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor Ashland City Council Meeting April 7, 2015 Page 1 of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 7, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS - None APPROVAL OF MINUTES The minutes of the Study Session of March 16, 2015, Executive Session of March 17, 2015, and Business Meeting of March 17, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of April 26 to May 2, 2015 as Independent Media Week in Ashland was read aloud. PUBLIC FORUM David Helmich/468 Williamson Way/Supported the partial development of the Imperatrice property for a solar park. The property could support 100 megawatts of solar power. Five megawatts would require 25 acres leaving the balance available for grazing, conservancy, recreation, and possible solar park module additions in the future. Five megawatts was the equivalent of 2,000 roof top residential installations. With land control and appropriate solar exposure, this project made financial sense. The City could lease the 25 acres to a private developer for 20 years. The developer would reap the tax benefits that would make the project work. Andrew Kubik/1251 Munson Drive/Referenced a recent Council Corner article in the Ashland Daily Tidings written by Councilor Morris regarding the Ashland Climate and Energy Plan. He thought the solar park Mr. Helmich discussed could tie into the theme. Albert Pepe/321 Clay Street/Addressed the 250-year old cottonwood tree on lower Clay Street. Council made a decision to remove the tree in the name of progress. He read from testimony he provided during a Planning Commission in the past regarding the tree. He urged Council and the City to review options and change the way the land was developed. Louise Shawkat/870 Cambridge Street/Wanted the City to adopt a plan to reduce carbon emissions from automobiles. One way to achieve this was having a shuttle trolley that would travel between the two Interstate 5 Exits. The City needed to implement actions that supported short and long-term goals to reduce greenhouse gases. Huelz Gutcheon/2253 Hwy 99/Provided a brief history on solar in Oregon. Rebekka Swan/431 North Main Street/Explained malls and grocery stores played music to get shoppers to buy more items and proposed having something similar only with street musicians playing in specific areas and times to enhance the atmosphere and potentially boost sales in the general area. Ashland City Council Meeting April 7, 2015 Page 2 of 9 CONSENT AGENDA 1. FEMA Fire Protection & Safety grant application 2. Contract with SHI, Inc. for Microsoft Office 365 3. Confirmation of Mayoral appointment of an Interim Police Chief 4. City forestlands prescribed under-burning 5. Letter of Support for Proposed Cascade-Siskiyou Scenic Bikeway Designation Councilor Lemhouse pulled Consent Agenda item #3 regarding the appointment of Deputy Police Chief Tighe O'Meara as the Interim Police Chief. Deputy Chief O'Meara shared his 23-year experience as a police officer, the majority of that time in Detroit MI and the past five years in Ashland. Councilor Lemhouse noted Deputy Chief O'Meara's background and educational experience as well. Councilor Lemhouse/Rosenthal m/s to confirm the Mayor's appointment of Tighe O'Meara as Interim Police Chief for the City of Ashland. Voice Vote: all AYES. Motion approved. Councilor Rosenthal/Seffinger m/s to approve the remaining Consent Agenda items. Voice Vote: all AYES. Motion approved. PUBLIC HEARINGS (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Request from Public Art Commission for increase of funds for a public art beautification project along the theater path from East Main Street to the Thomas Theatre City Administrator Dave Kanner explained one of the priority projects identified by the Downtown Beautification Committee last year was a public art installation along the blank wall on the walkway from East Main Street to the Thomas Theatre. The Downtown Beautification Committee allocated $18,000 for the project as a guess. The Public Arts Commission reviewed the project, realized the amount was not enough, and recommended increasing the Transient Occupancy Tax (TOT) allocation to $75,000. The money was available because the City exceeded projected TOT collections in the current biennium. Public Art Commission Chair Margaret Garrington added the Commission endorsed the recommendation by the Downtown Beautification Committee. The location was highly appropriate, visually accessible, a prime location for public art, and supported the goals of the Public Art Commission and Council. The artwork would encourage walkway use and lighting would enhance the area at night. Typically, 20% of the funding went to the artist award. The remaining 80% went towards materials, fabrication, and engineering. The piece the Public Arts Commission would place in the area would require a substantial amount of planning, engineering, and construction. The Commission would determine whether the $75,000 allocation was enough once they started receiving proposals from artists. Mr. Kanner was not aware of any current or future grants available. Ashland had historically regarded the downtown district as tourism related and used TOT funds for improvements that included public art and beautification. It was a legitimate use of TOT. Chair Garrington added the Commission did apply for a grant through the National Endowment of the Arts who explained that Ashland was not at the level needed to receive grant money. Councilor Marsh/Voisin m/s to refer the request from Public Arts Commission for an adjusted budget to the Downtown Beautification Committee. DISCUSSION: Councilor Voisin thought this was an appropriate move because there might be other needs for the capital monies the Downtown Ashland City Council Meeting April 7, 2015 Page 3 of 9 Beautification Committee may have and this was a fair way to use this money. Councilor Lemhouse did not recall much discussion regarding the monetary breakdown of available funds by the Downtown Beautification Committee, the drive was the recognition these things should be done. Changing the amount would not necessarily change the Committee's mind. Mr. Kanner added the City paid a landscape architect to estimate costs for the different projects identified by the Downtown Beautification Committee. The Committee originally recommended $40,000 for the project and after receiving estimates for the other projects, reduced the amount because that was what was available. Councilor Seffinger wanted to know if the walkway was the most important place to invest that type of money into public art. Chair Garrington responded it was in the center of town, very visible and much used. Councilor Voisin raised a point of order regarding questions during deliberation. City Attorney Dave Lohman clarified it was up to the Mayor and Council could always question the Mayor's decision regarding a point of order. Mayor Stromberg decided the context of the response from Chair Garrington was legitimate. Councilor Rosenthal concurred with Councilor Lemhouse and Chair Garrington. The Downtown Beautification Committee vetted the location for the project and this was a resource allocation question. There were resources available for the Committee or Council to allocate other projects going forward. He supported the Public Art Commission's recommendation. Councilor Morris supported allocating the $75,000. The original $18,000 estimate was obviously not accurate. He would not support the motion. Roll Call Vote: Councilor Marsh, Seffinger, and Voisin, YES; Councilor Rosenthal, Lemhouse, and Morris, NO. Mayor Stromberg broke the tie with a NO vote. Motion failed 4-3. Councilor Lemhouse/Rosenthal m/s to approve a total of $75,000 to commission public art for the walkway between East Main Street and the Thomas Theatre. DISCUSSION: Councilor Lemhouse explained during the discussions regarding the project, the Public Arts Commission intended to invite the Downtown Beautification Committee and the Historic Commission to provide input on the bidding process for the project. Roll Call Vote: Councilor Rosenthal, Lemhouse, Morris, Marsh, Seffinger, and Voisin, YES. Motion approved. 2. Review of BN 2015-2017 Capital Improvement Program and BNs 2017-2019 and 2019- 2021projects in concept Engineering Services Manager Scott Fleury shared highlights of projects completed by the Public Works Department that included the primary phase of the Talent Ashland Phoenix (TAP) Intertie line, the Calle Guanajuato waterline improvement, miscellaneous concrete and safety improvements, sediment removal for the East and West fork reservoirs, and security improvements at Hosler Dam. Projects in process was the Walker Avenue Railroad Crossing, the Oak Street Railroad Crossing, overplay projects and the effluent outfall relocation study for the Waste Water Treatment Plant. Future project highlights were the new water treatment plant, the Crowson II storage reservoir, piping the Talent Irrigation District (TID) canal from Starlight Street to Terrace Street, and the Nevada Street connection. Another major capital project was finishing the engineering and construction of a new oxidation ditch at the Wastewater Treatment Plant. Once staff finalized the mixing zone and effluent outfall relocation, they will work on scoping the water-shading project. This would include a compliance schedule for construction related activity. Parks & Recreation Director Michael Black explained the Parks and Recreation Department completed the concrete bridge in Lithia Park, repaired the inner shelter, purchased and installed the ice rink cover then acquired the needed permits. Oak Knoll Golf Course projects included completing redoing green number 9, some drainage projects, and the netting on the driving range. Staff planned to replace the netting along Highway 66 over the next biennium. The Parks & Recreation Department made various Ashland City Council Meeting April 7, 2015 Page 4 of 9 improvements to the Senior Center. The grand opening for Ashland Creek Park would occur in May. They would upgrade the splash pad for Garfield Park over the next biennium. During the next year, some Parks and Recreation offices would move to The Grove. A new project was the Daniel Meyer Pool bubble the Ashland School District would use for training year round. The Trails and Open Space Comprehensive Plan update was a priority by the Parks Commission. Several Parks and Recreation Department projects went over budget that diverted funds from the Butler- Perozzi Fountain restoration project. There was $70,000 allocated to rehabilitate the fountain but the project would cost more. Staff intended to go out on a public campaign to raise additional funds for the project. IT/AFN/Electric Director Mark Holden explained over the past year, the Electric Department completed the Calle Guanajuato project, reconfigured the Oak Knoll substation, and the Ten Year Planning study. Over the next biennium, the Electric Department would finish replacing a feeder from Oak Street to City Hall, and complete studies of the Mountain Avenue substation for potential purchase in the future. Ashland Fiber Network (AFN) also participated in the Calle Guanajuato project and completed half of the internet project from the strategic business plan with full completion next year. The Electric Department completed eight of the nine projects they identified, AFN completed three of three, and Information Technology completed two of two. Mr. Fleury noted an upcoming Study Session would clarify current Street User fees and projections needed to accommodate an appropriate overlay and street maintenance program for the Street Division. He would verify vehicle information regarding police vehicle number 569 with the Fleet Division and provide changes to that information to Council. The major capital projects for Public Works in the biennium were the new treatment plant, the Crowson If Reservoir, the Nevada Street bridge, and the oxidation ditch. Wastewater projects were in the final stages of obtaining a state revolving fund loan for the oxidation ditch and priority pipeline projects. Staff had not finalized the funding mechanism for the water projects and would meet with a state revolving fund representative soon. The City attained a $1,500,000 grant through the state for the East Nevada Street bridge project and there was an 18% System Development Charge (SDC) portion of $1,000,000 with a remaining $2,900,000 needing funding. Staff was looking at additional grant money or assistance through the state to fund that difference. Public Works Director Mike Faught further explained the City now had $1,500,000 and $1,000,000 in SDCs. The City would borrow the remaining funds and in the interim look for other sources. Mr. Fleury explained the Public Works Department had five-year Water Master Plan and Sewer Master Plan updates in the proposed budget and if approved, staff would obtain consultant services to update and review the plans. Councilor Morris/Marsh m/s to approve the biennium 2015-17 budget capital improvement program for all departments. DISCUSSION: Councilor Marsh asked that the Planning Commission review the Public Works piece for informational purposes. Councilor Voisin wanted to ensure the Transportation Commission reviewed the projects as well. Roll Call Vote: Councilor Marsh, Morris, Seffinger, Voisin, Lemhouse, and Rosenthal, YES. Motion approved. 3. Approval of cooperative improvement agreement with ODOT concerning Siskiyou Welcome Center and rest area City Attorney Dave Lohman explained he was a member of the State Transportation Commission and would not participate on this item. Assistant City Attorney Doug McGeary submitted a letter from Travel Oregon into the record in lieu of them being present. One of the items Council requested was a daily eight-hour minimum for staffing the Ashland City Council Meeting April 7, 2015 Page 5 of 9 Welcome Center. Travel Oregon and the Oregon Department of Transportation (ODOT) could not ensure that coverage. Travel Oregon indicated welcome centers were open seven days a week May through September and anticipated the new one would as well. During October through April, staff hours were established based on visitor demand. ODOT and Travel Oregon agreed to the majority of revisions proposed by Council. Items the state could not commit was having construction complete in two years, giving the City authority to enforce the lease, or provide a specific area for the Ashland Chamber of Commerce to promote Ashland tourism. Travel Oregon did not have authority to conduct background checks. According to Ashland Fire and Rescue, the 2-inch waterline currently in place was sufficient and ODOT would not increase the pipe to 2.5 inches. An interior sprinkler system would cost $450,000 and the state would not install one due to the expense. The buildings would be constructed from fire retardant materials, sit on a concrete slab surrounded by a concrete terrace and parking lots with a 22,000 gallon water tank nearby. A video system would provide a feed to the 911 Center. ODOT Area Manager Art Anderson made a correction to the sprinkler system estimate explaining it was $250,000 instead of $450,000 and not within ODOT's budget. ODOT Project Manager Tim Fletcher confirmed construction for the welcome center and rest area would happen at the same time. ODOT had the funding to complete the entire project. The project had two phases. The first phase included the site civil work to construct roads, parking lots and add utilities. The second phase would build both buildings. The majority of funds for the project came from federal and state gas tax dollars. Gas tax dollars would fund 50% of the Welcome Center and the remaining $1,500,000 would come from an agreement with the City of Medford. Mr. Fletcher addressed the Council request to add a 2-inch row of barbed wire on the security fence since it would be six-feet tall instead of eight-feet. Jackson County had specific security fence requirements and approved the use of a six-foot chain link fence black vinyl coated. Mr. Anderson further explained it took time to get the planning actions approved with Jackson County and changes required going back to the County and was subject to appeal. Mayor Stromberg added that anyone could walk up the interstate or the exit road to gain access to the site. The fence provided security for authorized personnel going through the gate to the access road. It would not keep people out. The Ashland Police Department would have full access to the site and the code for the security gate. ODOT knew how long the project would take to build. The non-committal to a timeline had to do with potential unknowns and the recent response to the extension request for the project. Travel Oregon operated the Welcome Centers in the state and had a 30-year lease. ODOT would run the rest area in perpetuity. In the event where ODOT could not support the rest area, another entity would take over the management. The close circuit camera feed would go to the Travel Operation Center next to the Oregon State Police (OSP) facility. ODOT currently provided surveillance feed to the 911 Center for the City of Portland. This service was not available to southern Oregon at this time but would be in the future. Interim Police Chief Tighe O'Meara explained it was not realistic to expect the Ashland Police Department (APD) to monitor the surveillance camera at the Welcome Center and Rest Area. Having the ability to access and search the feed or check in as needed would be beneficial. OSP patrolled rest area facilities. APD could also patrol the area to a limited extent due to staffing resources. Sue Lawrence/518 Crowson Road/Voiced concern regarding construction and use of the access road that was 150-feet from their driveway. After the last meeting she talked to Councilor Morris who assured Ashland City Council Meeting April 7, 2015 Page 6 of 9 her signing the extension would give the City opportunity to make binding restrictions and stipulations to ODOT in the intergovernmental agreement (IGA). This was not being done. She wanted fencing on the west side of the highway. ODOT could not commit to finish the project within two years. She questioned why anyone was even contemplating building a welcome center that would be outdated when completed. The Medford Chamber of Commerce had lost interest in the project and now ODOT had removed the proposed commitment highlighting tourism in Ashland. Staffing was better addressed on the original IGA. She did not feel Council was taking care of the residents. Travis Christian/534 Crowson Road/Lives across from the proposed Welcome Center. The Welcome Center and Rest Area would be built on ODOT's terms. He questioned what Ashland would actually get from the project. The residents knew it was coming but wanted it done in a way that benefited Ashland. The requests in the intergovernmental agreement were reasonable. He asked Council to fight for the taxpayers on Crowson Road and in the Oak Knoll neighborhood. Steve Lawrence/518 Crowson Road/Lived in close proximity to the Welcome Center and Rest Area and wanted fencing on both sides of the interstate. The original agreement required a staffed Welcome Center. He did not care about the lease agreement between ODOT and Travel Oregon. ODOT was responsible for staffing the facility. The 22,000-gallon water tank was now for fighting fire when it was supposed to be used to supplement irrigation water for watering plants. ODOT was not even taking Council's concern regarding smoking seriously. Water in the area will dry up this summer and there will not be any irrigation. One cigarette would ignite the land like the Oak Knoll neighborhood fire. Council needed to standby their recommendations to ODOT. He wanted Council to reject the proposed IGA. Allen Walters/775 St. Andrews Circle/What would happen if ODOT used too much water. He thought the Welcome Center and Rest Area would use more water than four residential homes. What will ODOT use for water when the Talent Irrigation District (TID) shuts down? Will taxes go up again if the facility overburdens the water treatment plant? How will the public know how much water was used and how much sewer was going into the water treatment plant. The Rest Area would not be able to conserve water during the drought and asked if Council would shut it down if drought occurred. Ashland Police would not come to the area since it was outside city limits. He encouraged Council to stand up to ODOT. Steve Stolzer/1120 Oak Knoll Drive/Directed his remarks at the four Councilors that voted for ODOT to go forward with the project. He was told one of the reasons a Councilor voted yes was to exercise some control to protect the neighborhood. He read items in the intergovernmental agreement (IGA) that ODOT would not commit to or provide and questioned how Council could approve the IGA now. Mr. McGeary explained the letter Travel Oregon sent was a letter of intent and would contact them and attach it to the IGA as an addendum. Compliance was in the terms of the agreement. There was a way to monitor usage. If ODOT went over 200 cubic feet of water per day, a discussion would ensue, and the City could shut down the facility. Ashland water curtailment measures applied to the Welcome Center and Rest Area. The City would not be able to enforce the agreement between ODOT and Travel Oregon. Travel Oregon did agree to add the defibrillator, the first aid kit, and access to charging services. There was nothing in the agreement that gave the City control over staffing. Staffing depended on budgets, and the economy. It was not something the City could reasonably seek from Travel Oregon. State and County contracts contained constitutional requirements or non-appropriation clauses. Mr. McGeary reiterated the IGA had ODOT adhering to City curtailment measures. Mayor Stromberg suggested adding the specific categories regarding water use during curtailment to the IGA. Mr. Anderson explained ODOT would handle the utility bills. The majority of water use would come from the Rest Area and not the Welcome Center. Water usage estimates were conservatively high and ODOT expected the facility to use less water. If the City shut off the water, ODOT would close the Rest Ashland City Council Meeting April 7, 2015 Page 7 of 9 Area. The Welcome Center would remain open. Councilor Seffinger wanted additional fencing added. She had visited all the rest areas along the corridor to see what they were like. Rest areas with visitor centers were better maintained. In her observations, she found few transients at rest areas or rest areas with visitor centers. There were more people at rest areas with visitor centers. Councilor Lemhouse/Voisin m/s to reject the proposed Cooperative Improvement Agreement to provide water and sewer services to the Siskiyou Welcome Center and Rest Area. DISCUSSION: Councilor Lemhouse was disappointed. The City put forward firm points and ODOT had said no to some of them. Travel Oregon was increasingly nebulous in how they answered Council questions and could not provide solid statistics regarding the area. It told him they did not take the City's concerns seriously. He understood the cost of the fire sprinkler system but did not understand not conducting background checks. Council should reject the agreement and extending sewer and water. Councilor Voisin equated the City and ODOT to "David and Goliath." The lack of commitment to staffing, not adding barbed wire to the fence because of delays and providing better restricted smoking areas, and not having a completion date was unacceptable. That ODOT could not find $250,000 out of a $12,000,000 budget for a sprinkler system broke her heart. She supported the motion. Councilor Rosenthal understood the points made by Councilor Lemhouse and Voisin and saw an alternate path. Some of the umbrage directed at ODOT was not in the realm of their responsibility. The weakness was not Travel Oregon. ODOT had done good things for the community. He thought Council needed to address a weakness in the negotiations without rejecting the IGA and ending the conversation. He hoped the motion would be defeated. Councilor Marsh supported Councilor Rosenthal's comments. It was unfair to castigate ODOT for failing to respond to a laundry list of items that Council had not debated or discussed. All along, they had advocated for a Welcome Center and for good reasons. It was ridiculous to think they could get ODOT to commit to staffing hours for future budget periods. She also went to all the rest areas on Interstate 5 and frequently stopped at the Talent Rest Area. Her observation was they all looked clean and well maintained. Rest stops were critical to highway safety. Due diligence was done. She would vote against the motion. Councilor Morris would not support the proposal but thought it could be made to work. He had three issues, the timeline, staffing, and fencing. He understood the timeline but did not see a strong commitment to having a staffed Welcome Center and was concerned there could be times during the year when it was not staffed at all. If the federal government required rest areas, they should provide security for the facilities. He wanted the agreement to go back and other compromises made. Councilor Seffinger agreed with Councilor Morris and was not ready at this point to accept the agreement without having more clarification regarding staffing. Fencing was still an issue for her as well as the completion date. Mayor Stromberg thought everyone needed to consider the alternative of having only a rest stop. It was better to have a welcome center. Regarding the sprinkler system, he was wanted to negotiate the possibility of having metal roofs on the buildings. He suggested having a four year completion date. Roll Call Vote: Councilor Lemhouse and Voisin, YES. Councilor Seffinger, Morris, Rosenthal, and Marsh, NO. Motion failed 4-2. Councilor Rosenthal/Seffinger m/s to direct the Assistant City Attorney to negotiate and assert the strongest possible assurance that the Welcome Center will be staffed on a daily basis by paid employees or with volunteers. DISCUSSION: Councilor Rosenthal noted the Travel Oregon letter contained information that could be incorporated into the agreement. Councilor Seffinger added visitor centers were safer than rest areas. She wanted the Welcome Center staffed and the issue of fencing addressed. She talked to Fire Department personnel regarding the fire sprinkler system and they did not think it was a huge issue. She suggested adding hand sanitizer dispensers. Councilor Lemhouse Ashland City Council Meeting April 7, 2015 Page 8 of 9 explained his trust level with Travel Oregon was low and would not support the motion. Roll Call Vote: Seffinger, Morris, Rosenthal, and Marsh, YES. Councilor Lemhouse and Voisin, NO. Motion passed 4-2. Mr. McGeary would discuss fencing, metal roofs, and timelines with ODOT and Travel Oregon. 4. Request from Lithia Artisan Market to hang pennants from two cobra light poles on Winburn Way City Administrator Dave Kanner explained the policy did not define what an approved designee or provide criteria. Marcus Scott/1205 Talent Avenue, Talent OR/Explained he was the manager for the Lithia Artisans Market. The assumption was the Lithia Artisans Market was grandfathered regarding hanging pennants. The Lithia Artisans Market had not applied for the economical and cultural development grant and that presented an issue for them as well. Council designating the Lithia Artisans Market as an approved designee would allow them to proceed with the permit process. Councilor Voisin/Lemhouse m/s to allow Lithia Artisan Market to hang pennants on Winburn Way as an approved designee of the City pending permit application approval. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution adopting the special event policy and fees for special events and repealing Resolution 2012-08" City Administrator Dave Kanner explained this came from the March 2, 2015 Study Session where Council discussed adding the Halloween Parade as a community wide event under the special events policy. It would exempt the organizers of the parade from paying the special event permit fees that totaled almost $1,800 this past year due to the event occurring on a Friday. Councilor Lemhouse/Seffinger m/s to approve Resolution #2015-18. DISCUSSION: Councilor Lemhouse thought it was a communitywide event and wanted to keep the focus on it being the children's Halloween parade. Councilor Seffinger added it was an important family event and supported the motion. Councilor Marsh noted this was clearly not a commercial event and was surprised the Chamber of Commerce paid the fees. Councilor Voisin thought it was a children's Halloween parade and did not see it as a communitywide event. The fee was not an outrageous amount for the Chamber of Commerce to pay and they needed to pay their fair share. By supporting the motion, she would set precedence. Roll Call Vote: Councilor Rosenthal, Marsh, Seffinger, Morris, and Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1. 2. Second reading of an ordinance titled, "An ordinance amending chapters 18.2.2, 18.2.3, 18.4.3, 18.4.7, and 18.6.1 of the Ashland Land Use Ordinance relating to definitions and accessory traveler's accommodations in various residential zoning districts" Ellen Campbell/120 Gresham Street/Thought the primary issue was protecting long-term rentals. She did not support allowing accessory travel accommodations in the R-2 and R-3 zones. She suggested the City keep track of what the previous use was for converted short-term rentals to know how many long- term rentals changed. She also suggested the City find a way to get accurate occupancy rates as well, require liability insurance and contact Airbnb to collect back taxes. Councilor Marsh/Lemhouse m/s to approve Ordinance #3108. Community Development Director Bill Molnar read the following changes: Ashland City Council Meeting April 7, 2015 Page 9 of 9 • Section 1 Table 18.2.2.030 - Uses Allowed by Zone was amended to identify accessory travelers' accommodations as not allowed in R-I and R-1-3.5 zones. • Section 2 18.2.3.220 Travelers' Accommodations first paragraph was amended to reflect the deletion of two phrases previously in parenthesis (more than one guest unit) and (one guest unit) • Section 2 18.2.3.220.C. Accessory Travelers Accommodations was amended to delete the standard that required the property housing accessory travelers' accommodation to be within 200- feet of a boulevard, avenue, or neighborhood collector or the historic district overlay. • Section 2 18.2.3.220.C. Accessory Travelers Accommodations was amended to delete the standard that prohibited a home occupation in conjunction with an accessory travelers' accommodation. • Section 2 18.2.3.220.C. Accessory Travelers Accommodations was amended to delete the standard that required renewal of the conditional use permit within 24-months of the original approval. DISCUSSION: Councilor Lemhouse thought Ms. Campbell brought up some interesting points on tracking activity. Councilor Voisin/Rosenthal to amend the motion that the Planning Department track all losses of long-term rentals, that the City pursue back taxes for TOT from Airbnb and the occupancy rate be added to TOT form. DISCUSSION: Councilor Voisin thought the amendment was non-substantive. Councilor Marsh disagreed. The amendment was substantive, especially collecting back taxes possibly on rentals no longer in business. The amendment required further discussion. Councilor Voisin clarified the back taxes were from Airbnb and not the people running the businesses. Mayor Stromberg thought the amendment should come back later. Councilor Morris thought a couple of the amendments were a good idea but should not be added at this point. Councilor Voisin withdrew the motion and wanted the items added to a future agenda. Continued discussion on main motion: Councilor Rosenthal would vote against the motion. While he saw benefits to existing homeowners, a recent community survey indicated it was difficult finding affordable housing. Pursuing affordable housing opportunities and workforce housing was a Council goal and this ordinance did not benefit that goal. Council could not say on one day that affordable, long-term housing stock was important, more important than saving an old tree and then vote yes on this ordinance. Roll Call Vote on main motion: Councilor Lemhouse, Voisin, Marsh, Morris and Seffinger, YES; Councilor Rosenthal, NO. Motion passed 5-1. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Voisin announced that April 14, 2015 was Equal Pay Day and noted the range of pay discrepancies for women. April was also Sexual Assault Awareness Month. She explained Police Officer Carrie Hull received the prestigious Professional Impact Award by End Violence Against Women International. She also commented on Assistant Planner Amy Gunter noting her exceptional skills and level of customer service. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:30 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF -ASHLAND Council Communication May 19, 2015, Business Meeting A Resolution Adding a Surcharge to Water Meters for the Purpose of Generating and Dedicating General Fund Resources for Additional Work in the Forest Interface as Part of 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 This is a resolution establishing a monthly surcharge on water bills for the purpose of raising revenue for the Ashland Forest Resiliency Project (AFR). AFR aims to reduce wildfire risks in Ashland's watershed by thinning smaller trees and removing flammable undergrowth. Depending on how the Council chooses to structure the surcharge, it would amount to between $1.27 and $1.39 per month for a typical residential water customer and raise about $175,000 annually for ongoing fuels reduction maintenance work. Water customers with larger water meters would pay proportionately more. The surcharge, if approved, would become effective July 1, 2015. Council also expressed the desire to only fund the AFR program in the General Fund and to not include other related activities such as the Fire Adapted Communities (FAC) program. This document provides such a resolution and options for implementation. BACKGROUND AND POLICY IMPLICATIONS: Over the last six years, the AFR project has spent more than $ 6 million on fuels reduction work in the Ashland watershed. It's anticipated that more than $3 million will be spent in the 2015-17 biennium, as the project nears completion. Nearly all of this money has come from the federal government and grants. However, once the initial fuels reduction work is done, it will be necessary to spend an estimated $175,000 annually to maintain that work. This represents enough money to do the required maintenance work on one-tenth of the project area each year. The proposed BN 2015-17 budget includes an increase in the City's permanent tax rate of 8.92¢ per $1,000 of assessed valuation to raise the money for this maintenance work. However, Council has expressed a preference for funding this work through a utility billing surcharge. At its May 5, 2015, business meeting, Council directed staff to prepare a resolution establishing a surcharge based upon water meter size, and dedicating such proceeds to the AFR project. Part of the justification of focusing on the water system is the natural connection between AFR, the watershed and water quality. Council gave guidance for staff to charge all accounts including irrigation meters but excluding municipal meters (City and Parks). The larger the meter, the more charged to the account based upon equivalent meter size. Attached are tables showing several options to implement the surcharge, Page 1 of 3 rrll CITY OF -AS H LAN D generating at least $175,000 per year. Three tables are attached to this communication outlining staff's calculations to meet the $175,000 per year program need. Options Table Monthly Annual Cost Annual charge to 3/4" SFR Revenue 1: All Water & Irrigation Meters $1.27 515.24 5176,002 2: No Municipal Meters Included $1.31 $15.72 $175,847 3: 3/4" & 1" meters the same 51.39 $16.68 5175,026 The table assumptions are as follows: a: All domestic water meters receive the surcharge including municipal accounts Irrigation meters are estimated at 4 billings per year. b: Municipal meters are City and Parks services only c: 1" meters are treated as 3/4" meters in option 3 to ensure households upsized with fire systems are not penalized. The calculations above show that the annualized cost to most accounts is between $15.24 and $16.68 per year. The impact increases by size of meter for all calculations. Excluding the two largest meters (one 6" and one 8") the monthly cost for each option on a 4" meter is $31.75, $32.75 and $34.75, respectively. See the attached tables for more detail. Council agreed to exclude municipal accounts and charge all other accounts including irrigation meters. Option #2 best meets those directions. Option 43 is provided and may be desirable but raises the overall cost to all accounts when treating 1" meters the same as 3/4" meters. Any of the options can be implemented with relative ease through the City's utility billing software. Specific adjustments outside the parameters above could require customization that may be costly to do and maintain. 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. Establishing a surcharge on water meter size will reduce pressure on property taxes and provide a stable revenue throughout the year not subject to Page 2 of 3 CITY OF -ASHLAND fluctuations in usage or weather. Proceeds will be accounted for separately and deposited directly to the General Fund, reserved for Ashland Forest Resiliency program use. STAFF RECOMMENDATION AND REQUESTED ACTION: The Council can consider the options provided and adjust the attached resolution accordingly. Option #2 matches the direction received on May 5, 2015. SUGGESTED MOTION: I move to approve a resolution titled, A Resolution Adding a Surcharge to Water Meters for the Purpose of Generating and Dedicating General Fund Resources for Additional Work in the Forest Interface as Part of the Ashland Forest Resiliency Project. ATTACHMENTS: Surcharge Table $1.27: All accounts, no exceptions Surcharge Table $1.31: Excluding Municipal accounts (City & Parks) Surcharge Table $1.39: Excluding Municipal accounts and 3/4" & 1" services treated the same Resolution with Exhibit A (drafted using $1.31 scenario) Page 3 of 3 ~miall Water - Domestic $ 1.27 Table Units of Size in Monthly Accounts Size Eq. Meter Measure Monthly Annually Inches Charge by Size 7,583 0.75 1.00 7,583.00 $ 9,630.41 $ 115,564.92 0.75 $ 1.27 470 1 2.50 1,175.00 $ 1,492.25 $ 17,907.00 1 $ 3.18 135 1.5 5.00 675.00 $ 857.25 $ 10,287.00 1.5 $ 6.35 112 2 8.00 896.00 $ 1,137.92 $ 13,655.04 2 $ 10.16 15 3 16.00 240.00 $ 304.80 $ 3,657.60 3 $ 20.32 12 4 25.00 300.00 $ 381.00 $ 4,572.00 4 $ 31.75 1 6 50.00 50.00 $ 63.50 $ 762.00 6 $ 63.50 1 8 80.00 80.00 $ 101.60 $ 1,219.20 8 $ 101.60 86 0.75 1.00 86.00 $ 109.22 $ 1,310.64 0.75 $ 1.27 10 1 2.50 25.00 $ 31.75 $ 381.00 1 $ 3.18 8,425 11,110.00 $14,109.70 $169,316.40 Size in Monthly Water - Irrigation Inches Charge by Size Accounts Size 4 Months 219 0.75 1.00 219.00 $ 278.13 $ 1,112.52 0.75 $ 1.27 78 1 2.50 195.00 $ 247.65 $ 990.60 1 $ 3.18 40 1.5 5.00 200.00 $ 254.00 $ 1,016.00 1.5 $ 6.35 45 2 8.00 360.00 $ 457.20 $ 1,828.80 2 $ 10.16 7 3 16.00 112.00 $ 142.24 $ 568.96 3 $ 20.32 2 4 25.00 50.00 $ 63.50 $ 254.00 4 $ 31.75 2 6 50.00 100.00 $ 127.00 $ 508.00 6 $ 63.50 1 8 80.00 80.00 $ 101.60 $ 406.40 8 $ 101.60 394 1,316.00 $ 1,671.32 $ 6,685.28 $176,001.68 Water - Domestic $ 1.31 Table Units of Size in Monthly Accounts Size Eq. Meter Measure Monthly Annually Inches Charge by Size 7,566 0.75 1.00 7,566.00 $ 9,911.46 $ 118,937.52 0.75 $ 1.31 462 1 2.50 1,155.00 $ 1,513.05 $ 18,156.60 1 $ 3.28 132 1.5 5.00 660.00 $ 864.60 $ 10,375.20 1.5 $ 6.55 101 2 8.00 808.00 $ 1,058.48 $ 12,701.76 2 $ 10.48 15 3 16.00 240.00 $ 314.40 $ 3,772.80 3 $ 20.96 12 4 25.00 300.00 $ 393.00 $ 4,716.00 4 $ 32.75 1 6 50.00 50.00 $ 65.50 $ 786.00 6 $ 65.50 1 8 80.00 80.00 $ 104.80 $ 1,257.60 8 $ 104.80 49 0.75 1.00 49.00 $ 64.19 $ 770.28 0.75 $ 1.31 5 1 2.50 12.50 $ 16.38 $ 196.50 1 $ 3.28 8,344 10,920.50 $14,305.86 $171,670.26 Size in Monthly Water - Irrigation Inches Charge by Size Accounts Size 4 Months 201 0.75 1.00 201.00 $ 263.31 $ 1,053.24 0.75 $ 1.31 66 1 2.50 165.00 $ 216.15 $ 864.60 1 $ 3.28 27 1.5 5.00 135.00 $ 176.85 $ 707.40 1.5 $ 6.55 27 2 8.00 216.00 $ 282.96 $ 1,131.84 2 $ 10.48 5 3 16.00 80.00 $ 104.80 $ 419.20 3 $ 20.96 4 25.00 - $ - $ - 4 $ 32.75 6 50.00 - $ - $ - 6 $ 65.50 - 8 80.00 - $ - $ - 8 $ 104.80 326 797.00 $ 1,044.07 $ 4,176.28 $175,846.54 Water - Domestic $ 1.39 Table Units of Size in Monthly Accounts Size Eq. Meter Measure Monthly Annually Inches Charge by Size 7,566 0.75 1.00 7,566.00 $10,516.74 $ 126,200.88 0.75 $ 1.39 462 1 2.50 1,155.00 $ 642.18 $ 7,706.16 1 $ 1.39 132 1.5 5.00 660.00 $ 917.40 $ 11,008.80 1.5 $ 6.95 101 2 8.00 808.00 $ 1,123.12 $ 13,477.44 2 $ 11.12 15 3 16.00 240.00 $ 333.60 $ 4,003.20 3 $ 22.24 12 4 25.00 300.00 $ 417.00 $ 5,004.00 4 $ 34.75 1 6 50.00 50.00 $ 69.50 $ 834.00 6 $ 69.50 1 8 80.00 80.00 $ 111.20 $ 1,334.40 8 $ 111.20 49 0.75 1.00 49.00 $ 68.11 $ 817.32 0.75 $ 1.39 5 1 2.50 12.50 $ 17.38 $ 208.50 1 $ 3.48 8,344 10,920.50 $14,216.23 $170,594.70 Size in Monthly Water - Irrigation Inches Charge by Size Accounts Size 4 Months 201 0.75 1.00 201.00 $ 279.39 $ 1,117.56 0.75 $ 1.39 66 1 2.50 165.00 $ 229.35 $ 917.40 1 $ 3.48 27 1.5 5.00 135.00 $ 187.65 $ 750.60 1.5 $ 6.95 27 2 8.00 216.00 $ 300.24 $ 1,200.96 2 $ 11.12 5 3 16.00 80.00 $ 111.20 $ 444.80 3 $ 22.24 4 25.00 - $ - $ - 4 $ 34.75 6 50.00 - $ - $ - 6 $ 69.50 - 8 80.00 - $ - $ - 8 $ 111.20 326 797.00 $ 1,107.83 $ 4,431.32 $175,026.02 RESOLUTION NO. 2015- A RESOLUTION ADDING A SURCHARGE TO WATER METERS FOR THE PURPOSE OF GENERATING AND DEDICATING GENERAL FUND RESOURCES FOR ADDITIONAL WORK IN THE FOREST INTERFACE AS PART OF THE ASHLAND FOREST RESILIENCY PROGRAM Recitals: A. The City of Ashland operates Ashland Water Utility to provide potable water to customers within the City limits of Ashland and to certain customers outside of these boundaries. B. The City of Ashland also manages a Forest Interface division that is charged with doing work to protect the watershed. The Ashland Forest Resiliency Program is part of that division's oversight, performed by the Fire Department in the General Fund. C. The AFR program's success in the interface requires additional funding estimated at $175,000 per year to maintain the work done to date. D. Protection of the watershed has a direct relationship to the City's ability to provide potable water to customers in the amounts needed in sufficient quantities allowed by the size and use of the water meter. E. Establishing a surcharge on water utility customer meters is a reasonable means of funding increased, ongoing AFR work in that the funding source is rationally related to the goal of ensuring water source continuity for the City. F. The City Council intends to only use the funds generated by this surcharge for expanded AFR activity in the General Fund. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A $1.31 per equivalent 3/4" meter surcharge on each water meter per Exhibit A shall be added monthly to the bill of each Ashland water utility customer to provide a funding resource directly to the General Fund, Fire Department, Forest Interface Division for the purpose of added Ashland Forest Resiliency work of $175,000 per year effective July 1, 2015. SECTION 2. The surcharge revenue is not subject to any franchise fee calculation and is to be directly deposited to the General Fund and accounted for separately. SECTION 3. Water meters for City and Parks department are exempted from this surcharge since levying this charge would only require passing the impact on to customers through other rates and fees. This resolution was duly PASSED and ADOPTED this day of , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Page 1 of 3 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 3 Exhibit A Size in Monthly Inches Charge by Size 0.75 $ 1.31 1 $ 3.28 1.5 $ 6.55 2 $ 10.48 3 $ 20.96 4 $ 32.75 6 $ 65.50 8 $ 104.80 Page 3 of 3 CITY OF ASHLAND May 19, 2015 Ms. Donna Mickley U.S. Forest Service Siskiyou Mountains Ranger District 6941 Upper Applegate Rd. Jacksonville, OR 97530 Dear Ms. Mickley: Thank you for giving us the opportunity to comment on proposed plans for summer activities within the Mt. Ashland Special Use Permit Area. The City of Ashland has no opinion for against the specific uses proposed. In general we believe year-round use of the area would be a positive development and consistent with the City Council goal of "Support Mt. Ashland in diversifying eco-friendly recreational opportunities." However, the permit area is within the City of Ashland's watershed and we believe we must be mindful that increased summertime use may also increase the risk of wildfire that could negatively impact the watershed. To that end, we request that Forest Service approval of the proposed action be accompanied by the following conditions: 1. Increased and improved signage to warn visitors of wildfire danger and urging caution in order to prevent wildfire risks. 2. Increased or improved education for Ski Area staff on spotting and responding to wildfire risks. 3. Limit smoking to paved areas of the parking lot. Again, we believe year-round use of the ski area would provide community benefits in terms of economic development and recreational opportunities. We hope the above concerns can be addressed in any Forest Service approval. Sincerely, John Stromberg, mayor On behalf of the Ashland City Council OFFICE OF THE MAYOR Tel: 541-488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us USDA United States Forest Rogue River-Siskiyou National Siskiyou Mountains Ranger District Department of Service Forest Jacksonville, OR 97530 _ Agriculture 541-899-3800 File Code: 1920 Date: May 5, 2015 Dear Interested Citizen The Siskiyou Mountains Ranger District, Rogue River-Siskiyou National Forest, is requesting your comments regarding a proposal by the Mt. Ashland Association to implement several activities for summer uses within the Mt. Ashland Special Use Permit area. This request initiates the scoping process under the requirements of the National Environmental Policy Act (NEPA) and associated implementation regulations. Scoping is a procedure by which the Forest Service identifies important issues and determines the extent of analysis necessary for an informed decision on a proposed action. Background Mt. Ashland is a community-focused ski area that is owned and operated by the non-profit Mt. Ashland Association (MAA), operating under a special use permit from the US Forest Service. Low-snow years have required the ski area to remain closed for a majority of the past two ski seasons. Snow pack in future years remains uncertain because of climate change and its associated increased variability to local and regional weather patterns. Mt. Ashland proposes to build an outdoor adventure park inside the current ski area footprint. The ski area currently operates under a year round special use permit, but generally operates 4 months or less each season. Located at 6,500 feet with sweeping views in an alpine environment, the area is typically 10-20 degrees cooler than the surrounding valleys in summer. This situation provides an ideal opportunity to become a year-round regional recreation center. It is hoped that by offering these activities, it will encourage people to visit their national forest and enjoy recreation on Mt. Ashland year-round. The Mt. Ashland Outdoor Adventure Center would be designed to attract residents and visitors to the ski area, whether or not there is snow on the ground. MAA would reorient its marketing to reflect a new vision of the ski area as a year-round outdoor recreation opportunity. With a continued focus on its ski area operations, and by diversifying revenue streams beyond those relying on snowfall, it is hoped that Mt. Ashland will be much better positioned to remain a trusted community asset. Purpose & Need for Action The underlying need for this project is to respond to a proposal by MAA that would develop summer use activities within the designated Special Use Permit area. More specifically, the need for the proposed action is to provide a more diverse array of outdoor recreation experiences that would provide year-round opportunities and help the Mt. Ashland Association supplement the income it receives from skiers and snowboarders. SIX, LM Caring for the Land and Serving People The purpose of this proposed project is to implement direction from the Rogue River National Forest Land and Resource Management Plan (page 4-3): "Offer a wide range of developed and dispersed recreation opportunities by providing recreational settings, access, facilities, and education necessary to meet public demand." Proposed Action Details and Preliminary Design Features MAA proposes to develop a suite of activities including a zip line and disc golf course within the current special use permit boundary. Other proposed activities would be placed on already- compacted ground near the Ski Lodge and would be portable and thus would not cause any new ground disturbance. These activities would include a bounce house, a portable rock climbing wall, and activities that would occur within the Ski Lodge. Zip Line (see Figure I for approximate location) The zip lines would be anchored by existing natural features, including large boulders and trees. The top of the zip line would be anchored with cables wrapped around a large boulder. The anchor line would be secured in three places on the boulder to ensure that it does not move. This would require placement of expansion anchors inserted and grouted into small holes drilled into the boulder. The upper launch deck for the zip line would be placed above grade surface and secured in place with gabion boxes placed around the base of the support structure. It would also be cross-braced to ensure that it would remain stable. The structure would be placed on the face of the knoll area below the Sonnet ski run. The bottom of the zip line would be anchored by a set of three trees which are on skier's left side of the Juliet ski run. These trees would be tested for health and strength by a licensed arborist to ensure they would be able to withstand the forces applied on them, and provide years of reliable anchorage. The trees would have a protective barrier placed around the trunks and the zip line cables would not be permanently affixed to them. ~ ~ II 4. a• r r ,K - v Figure l: The route of the Thin Zip line Disc Golf The Disc Golf course will require no construction activity. The tees will be made of 3 landscape timbers connected together and placed on the ground. The baskets will be self-contained units with only a small spike placed in the (,round next to it and tethered to the basket to prevent theft. The disc golf course would be in the general area of the Juliet ski run. ' + t 1 The "Holes" are metal wire baskets that are portable and self- ' r sufficient. Disc golf users occasionally lose track of their disc, especially if wind carries it a long distance. Tee placements would help ensure that errant discs do not travel ' long distances into forested areas. The goal for placement of r--' f• ! Y the course would be to ensure that, in as much as possible, V ~ foot traffic stays on existing ski runs. Tee boxes would be constructed above grade surface with no anchoring in the ' -round. All literature describing the course would include information about the fragile ecosystem found at Mt. Ashland ! and encourave users to "Leave no Trace". Figure 2: Sample disc golf basket or "Hole" Public Involvement I am interested in hearing any comments, concerns, ideas, or issues you may initially have regarding this Proposed Action. A decision has not yet been made; this letter simply initiates the planning process. Those who respond to this request for involvement will be kept informed of our progress. To be most useful, your comments regarding these proposals should be received by May 29, 2015 and should address specific concerns regarding this proposal. Throughout scoping, comments submitted to the Forest Service, including names and addresses of those who respond, will be considered part of the public record for this proposal and as such will be available for public review. Comments submitted anonymously will be accepted and considered; however, those who submit anonymous comments will not have standing to appeal under 36 CFR Part 215. Additionally, pursuant to 7 CFR 1.27 (d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied; the agency will return the submission and notify the requester that the comments may be resubmitted with or without names and addresses. For additional information regarding the Proposed Action, please call Brian Long at (541) 899- 3800. Please mail comments to: Siskiyou Mountains Ranger District, 6941 Upper Applegate Road, Jacksonville, OR 97530 or FAX to: (541) 899-3888. You may also hand-deliver your comments to the above address during normal business hours which are 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding federal holidays. Electronic comments may be submitted to: t:ommenl~- pacifi rnurthWcsf-ria-OLIC NCr-~iol:i\OL 1; 0untain>ftr fs.l'cd.uS, in a format such as an e-mail message, plain text (.txt), rich text format (.rto, Word (loe) or Portable Document Format (.pdf). Thank you for your participation in this process. If you would like to be removed from this mailing list or prefer to receive electronic letters in the future please send us your name and e-mail at the following e-mail address: comments-pacificnorthNNvest-rogueriver-siskiyoumountains@fs.fed.us Sincerely DONNA M. MICKLEY District Ranger Siskiyou Mountains Ranger District CITY OF -ASHLAND Council Communication May 19, 2015, Business Meeting 7th Quarterly Financial Report of the Biennium FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us SUMMARY: The Administrative Services Department submits financial reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. This report is for the "seventh quarter" covering January through March 2015 of the two-year budget with comparisons to budget, between years and to other periods. Even though we have tried to simplify our comparisons they can be complex, thus confusing, and we apologize for this in advance. BACKGROUND AND POLICY IMPLICATIONS: Financial reports are intended to present information in formats consistent with the department, fund and business activity presentations included in the adopted biennium budget document and the manner in which they will be shown in the end of year report. Quarterly reports are prepared by staff to keep Mayor and Council current on the financial conditions of the city. Presenting financial reports on a regular basis allows Council and top management to ask questions and for staff to highlight trends and anomalies and to make recommendations on necessary changes in a timely fashion. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. COUNCIL GOALS SUPPORTED: ORGANIZATION AND GOVERNANCE GOAL Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. FISCAL IMPLICATIONS: This report reflects operations to date on the biennial budget. The attached report will be the basis for end of year projections and budge preparation. Additional information can be made available if so desired by Council. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. Paae I of 2 CITY OF -ASHLAND SUGGESTED MOTION: I move to accept the seventh quarter financial report for BN 2013-2015. ATTACHMENTS: Financial Report Financial Statements Page 2of2 _ Management Discussion and Analysis March 31, 2015 Financial Report This is the seventh quarter of the biennium and equates to 87.5% of the budget period. This report references budget comparisons to the 2013-15 biennium, and in some cases year to date comparisons of the current fiscal year (FY 2014-15) to the prior fiscal year (FY 2013-14). A. Note the charts and table on page one reflect a reduction of cash between years of $1.9 million. The largest is the Water Fund. The $1.8 million reduction represents capital expenditures (primarily the TAP project). B. Total cash is anticipated to decrease further in the last quarter of this fiscal year because most of the property taxes have already been disbursed to the City for the year while activities reliant upon such general resources continue or ramp up. In addition, utility sales in electric and water continue to remain low due to moderate, sometimes wet, weather and conservation efforts. C. Sixty-four percent of all cash is restricted in some fashion leaving $12.0 million for operations. D. Potential budget violations addressed below will require budget adjustments ( transfers of appropriations) by June. E. Revenues City-wide are on track with the budget by being less than one percent below the 87.5% target as of this seventh quarter of the biennium. Like total revenues, Charges for Services are running about 1 % under budget for the biennium. Personnel costs are near the budget mark. Materials & Services, Debt Service and Capital outlay are below the 87.5% mark. Notable revenue points: o Food & Beverage revenue year to date is $1.425 million and 8.5% more than the prior year end of March. End of year total revenue is projected to be 7.5% above the biennium budget. o TOT (Lodging) tax revenue year to date is $1.479 million. This is 15.5% more than the prior year end of March. End of year total revenue is projected to be 4% or more above the biennium budget. o Charges for services (sales) have declined slightly from the results reported last quarter. Last quarter results were up 3.0% over the prior year, and they were up 2.6% at the end of this quarter over the prior year. Total utility rate-driven fees are up 2.6% between years with Wastewater fees the exception at 11.1 Electric rate revenue is flat between years and water sales are about 2.4% more than the prior year despite the 10% rate increase. Both utilities' rate revenues are anticipated to be below the biennium budgeted amounts. o Parks revenues are trending below budget. Payments from the General Fund will be100% of the amount budgeted but the reduced carry forward from FY 2013 and expenditures near 100% of budget will result in an ending fiord balance (carry forward into the next biennium) well below the budgeted $666,289. Notable expense Points: o City-wide operating expenditures were under 87.5% of the biennium budget. o Capital expenditures are $13.4 million, about 44% of budget. o All debt service payments are up to date. o Some departments have expended more than the 87.5% of their budgets, including the Fire Department, City Recorder, Fleet Maintenance, and Parks & Rec. Increased overtime costs for the Fire Department, banking charges paid out of the City Recorders office, equipment parts and supplies out of the Fleet Maintenance Division, and increased personal service costs in Parks are the contributing expenses. o Very little contingency has been used; however some is anticipated to be required before year end due to cost overruns. The Schedule of Budgetary Compliance highlights some categories already over budget. These will be addressed by fiscal year end. o Most of the internal transfers and internal loans have been completed. The exception is in regards to the $510,000 loan from the Reserve Fund to the Health Benefits fund made this biennium with $260,000 remaining to be paid. The repayment will not be completely repaid this biennium and is in the proposed budget for BN 2015-2017. Additional information can be viewed in the attached reports or provided as desired. The attached reports include: 1. Summary of Cash & Investments (year to year comparison) - page 1. 2. Statement of Revenues and Expenditures-City Wide (biennium basis) - page 2. 3. Schedule of Budgetary Compliance per Resolution(s) (biennium basis) - pages 3-6. 4. Statements of Resources, Requirements and changes in Fund Balance (fund financial statements) - pages 7-24. City of Ashland Summary of Cash and Investments March 31, 2015 Balance Balance Change From Fund March 31, 2015 March 31, 2014 FY 2014 General Fund $ 5,197,579 $ 5,825,814 $ (628,235) Community Block Grant Fund 8,684 16,632 (7,948) Reserve Fund 193,208 609,254 (416,046) Street Fund 5,179,358 4,743,669 435,689 Airport Fund 92,225 61,156 31,069 Capital Improvements Fund 1,977,016 2,247,341 (270,325) Debt Service Fund 1,033,219 1,276,201 (242,982) Water Fund 4,591,394 6,390,949 (1,799,555) Wastewater Fund 5,163,863 4,807,861 356,002 Electric Fund 1,591,182 1,383,574 207,608 Telecommunications Fund 87,112 267,918 (180,806) Central Services Fund 1,343,847 1,179,629 164,218 Insurance Services Fund 2,346,865 1,536,760 810,105 Health Benefits Fund 355,701 466,984 (111,283) Equipment Fund 2,747,368 2,873,893 (126,525) Cemetery Trust Fund 916,719 890,221 26,498 $ 32,825,338 $ 34,577,857 $ (1,752,519) Parks & Recreation Agency Fund 919,871 1,083,875 (164,004) 919,871 1,083,875 (164,004) Total Cash Distribution $ 33,745,209 $ 35,661,732 $ (1,916,523) Manner of Investment General Banking Accounts $ 721,080 $ 953,891 $ (232,811) Local Government Inv. Pool 32,024,129 34,707,841 (2,683,712) City Investments 1,000,000 - 1,000,000 Total Cash and Investments $ 33,745,209 $ 35,661,732 $ (1,916,523) Dollar Distribution Cash Balance Distribution Cenral Services Parks and I-ce xd Recreation Fwa's Equiprten[Pords 3% Claims& Trust 20% Judgudgments 5917 374 SDCs 5743,489 3% Unassigned 56,688214 2% $12,039,903 20% 36% / library 547,657 0% - TOT Touris Debt Reserved _ 587,240 53.353,468 0% Business Type 10% T Funds All Other (Genera 1 Asset Forfeited 31% Government) Ir $14,579 43% Other Reserved 0% $9,953,288 29% 4 W, FY 15 Fvrartdal Report d. as7015 1 City of Ashland Statement of Revenues and Expenditures - City Wide As of March 31, 2015 ( 87.50°/6 of biennium) Biennial Percent SumofActuals To Date Actuals Budget Collected FY 2012 & FY 2013 Resource Summary (21 Months) 2013-2015 Expended Balance YTD EOY Revenues Taxes 5 37,876.848 $ 41,694.083 90.8% $ (1817,235) $ 35,420,808 $ 39,387,379 Licenses and Permits 1,701,535 1.545,692 110.1% 155,843 1,746.150 1,923,781 Intergovernmental Revenues 4,867.109 10.268.226 47.4% (5.401,117) 6,648.434 8,194,478 Charges for Services - Rate & Internal 86,178,514 99,114,722 86.9% (12,936.208) 65,378.480 74,722,573 Charges for Services - Misc. Service fees 2.547,504 3,580,039 71.21% (1.032535) 2,998.715 3,407,192 System Development Charges 1,034,481 61Q000 169.6% 424,481 1,366,125 1,540,397 Fines and Forfeitures 309,048 339,000 91.2% (29,952) 286,90 364,840 Assessment Payments 118,791 272.000 43.7% (153,209) 73.952 84.590 Interest on Investments 314,253 339.700 92.5% (252447) 341.253 385.866 Miscellaneous Revenues 2,784,521 1,295,494 214.91% 1,489,027 2,114.319 4,368,832 Total Revenues 137,732,603 159,058,956 86.6% (21,326,352) 116,375,225 134,319,928 Budgetary Resources: Other Financing Sources 1,654,000 9,495,500 17.4% (7,841.500) 7,967,835 77967,838 Interfund Loans 1,684,795 1,949.000 86.4% (264,205) 999.795 1,199.795 Transfers In 1,396.326 1,782.324 78.3% (385,998) 933.462 943.566 Total Budgetary Resources 4,735,120 13,226,824 35.8% (8,491,704) 9,901,092 10,111,199 Total Resources 142467,723 172,285,780 82.7% (29,818,056) 126,276,317 144,491,127 Requirements by Classification Personal Services 48,399,084 55,568,823 871% 7,169,739 39,995,D30 48,186,00 Materials and Services 70,707,715 82,827,698 85.4% 12,119,983 49,611,373 60,388,588 Debt Service 6,929,607 9,877,574 70.2% 2,947,967 7,577,517 9,461,498 Total Operating Expenditures 126,036,406 148,274,095 95.0% 22,237,689 97,183,920 118,036,146 Capital Construction Capital Outlay 13,403,601 30,302148 44.2% 16,898,647 12252,213 13,967,343 Interfund Loans 1,684,795 1,950,000 86.4% 265,205 999.795 1,199,795 Transfers Out 1,396,326 1,782,324 78.3% 385,998 933,462 943,566 Contingencies (Original Budget $4,542,000) - 4.541,00 0.0% 4,541,000 - - Total Budgetary Requirements 3,081,121 8,273,324 37.21% 5;192;203 1.933.257 2,143,361 Total Requirements 142,521,128 186,849,667 76.3% 44,328,539 111,369,390 134,146,850 Excess (Deficiency) of Resources over Requirements (53,405) (14,563,887) 99.6% 14,510,482 14.90,927 10,344,277 Working Capital Carryover 33,966,629 29,998,454 113.21/6 3,968,175 23,622,352 23,622.352 Unappropriated Ending Fund Balance $ 33,913,224 $ 15,434,567 2193% $ 18,478,657 S 38,529,279 $ 33,966,629 s. u~ rvrs F e 2 arna~as City of Ashland Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12, 2014-13 and 2014-24 As of March 31, 2015 ( 87.50% of biennium) Biennial to date actuals (21 Biennial Budget Percent Months) 2013-2015 t)sed Balance General Fund Administration $ 228,550 $ 553,465 41.3% S 324,915 Administration - library 487,988 812,000 60.1% 324,012 Administration - Tourism 20,044 61,232 32.7% 41,188 Administration - Parking - 287,725 0.00/0 287,725 Administration - Municipal Court 858,486 994,970 86.3% 136,484 Adrrunstra6ve Services - Social Services Grants 254,204 257,688 98.6% 3,484 Administrative Services - Econornic & Cultural Grants 1,197,189 1,433,226 83.5% 236,037 Administrative Services - Miscellaneous 158,460 261,251 60.7% 102,791 Administrative Services - Band 98,739 120,390 82.0% 21,651 Administrative Services - Parks 7,965,004 8,856,000 89.9% 890,996 Police Department 10,844,837 12,463,656 87.0% 1,618,819 Fire and Rescue De partrnent 11,597,929 13,134,420 88.3% 1,536,491 Public Works - Cemetery Division 569,218 704,551 80.8% 135,333 Community Development - Planning Division 2,176,363 2,730,822 79.7% 554,459 Community Development- Building Division 1,161,677 1,390,632 83.5% 228,955 Transfers 192,824 192,824 100.0% - Contingency - 1,041,000 0.0% 1,041,000 Total General Fund 37,811,512 45,295,852 83.5% 7,484,340 Community Development Block Grant Fund Personal Services 67,105 68,033 98.6% 928 Materials and Services 241,122 406,735 59.3% 165,613 Total Community Development Grant Fund X768 64.90/0 -166,541 Reserve Fund Interfund Loan 900,000 900,000 100.0% - Transfers 190,000 190,000 100.0% - Total Reserve Fund 1,090,w ----TURTW 100.0% - Street Fund Public Works - Street operations 4,306,626 7,628,710 56.5% 3,322,084 Public Works - Street Operations Debt 228,342 341,750 66.8% 113,408 Public Works - Storm Water Operations 948,143 1,247,230 76.0016 299,087 Public Works - Storm Water Operations Debt 24,892 26,317 94.6% 1,425 Public Works - Transportation SDC's 36,424 446,613 8.2% 410,189 Public Works - Storm Water SDCs 4,670 80,600 51% 75,930 Contingency - 215,000 0.00/0 215,000 Total Street Fund 5,549,097 9,986 0 55.60/0 4,T3-7,123 Airport Fund Materials and Services 117,810 143,310 82.2% 25,500 Capital Outlay 44,962 65,000 69.20/6 20,038 Debt Service 57,804 77,072 75.0% 19,268 Interfund Loan 19,000 19,000 100.0% - Contingency - 10,000 0.00/0 10,000 Total Airport Fund 239,576 314,382 76.20/6 74,806 9. U. FYts FiRa O-41v,d. 3 417113 t5 Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12, 2014-13 and 2014-24 As of March 31, 2015 ( 87.50% of biennium) Biennial to date actuals (21 Biennial Budget Percent Months) 2013-2015 Used Balance Capital Improvements Fund Public Works - Facilities 1,894,920 2,406,460 783% 511,540 Administrative Services - SDC (Parks) - - N/A - Administrative Services - Open Space (Parks) 816,726 3,929,000 20.8% 3,112,274 Transfers 83,479 466,900 17.9% 383,421 Other Financing Uses (Interfund Loan) 1,000 1,000 100.0% - Contingency - 199,000 0.0% 199,000 Total Capital Improvements Fund 2,796,125 7,002,360 39.9% 4,206,235 Debt Service Fund Materials and Services 7,094 15,000 47.3% 7,906 Debt Service 3,255,029 4,533,084 71.8% 1,278,055 Interfund Loan 364,795 370,000 98.6% 5,205 Total Debt Service Fund 3,626,918 4,91 ,084 73.7% 1,291,166 Water Fund Administration - Conservation 365,415 449,010 81.4% 83,595 Fire- Forest Lands Management Division 764,510 887,265 86.2% 122,755 Public Works - Water Supply 4,461,662 5,391,820 82.7% 930,158 Public Works - Water Supply Debt 44,087 44,985 98.0% 898 Public Works - Water Treatment 2,029,446 2,570,700 78.9% 541,254 Public Works - Water Treatment debt 428,359 467,427 91.6% 39,068 Public Works - Water Distribution 4,707,995 6,130,680 76.8% 1,422,685 Public Works - Water Distribution Debt 635,636 662,995 95.9% 27,359 Public Works - Reimbursement SDCs - - N/A - Public Works - Improvement SDC's 384,883 282,750 136.1% (102,133) Public Works - Debt SDC's 238,071 241,845 98.4% 3,774 Other Financing Uses (Interfund Loan) 150,000 150,000 100.0% - Contingency - 403,000 0.0% 403,000 Total Water Fund 14,210,063 17,682,477 80.4% 3,472,414 WasteWater Fund Public Works - Wastewater Collection 3,366,164 5,298,621 63.5% 1,932,457 Public Works - Wastewater Collection Debt 131,358 151,075 86.9% 19,717 Public Works - Wastewater Treatment 4,307,776 6,527,385 66.0% 2,219,609 Public Works - Wastewater Treatment Debt 1,833,655 3,253,250 56.4% 1,419,595 Public Works - Reimbursemetrrs SDC's 15,219 117,500 13.0% 102,281 Public Works - Improvements SDCs 82,006 1,383,491 5.9% 1,301,485 Debt Vice - 30,000 0.0% 30,000 Contingency - 440,000 0.0% 440,000 Total Wastewater Fund 9,736,177 17,201,322 56.6% 7,465,145 Electric Fund Administration - Conservation 1,130,866 1,494,890 75.6% 364,024 Electric - Supply 11,190,320 13,628,373 82.1% 2,438,053 Electric - Distribution 10,985,023 13,398,521 82.0% 2,413,498 Electic - Transmission 1,650,121 2,177,635 75.8% 527,514 Debt Service 46,821 47,774 98.0% 953 Contingency - 923,000 0.0% 923,000 Total Electric Fund 25,003, 151 31,670,193 78.9% 6,667,042 9 Ll r P"5 Fina 0 Rq~ tz4 417015 4 Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12, 2014-13 and 2014-24 As of March 31, 2015 ( 87.50% of biennium) Biennial to date actuals (21 Biennial Budget Percent Months) 20132015 Used Balance Telecor munications Fund IT - Personal Services 1,146,809 1,288,560 89.0% 141,751 IT - Materials & Services 1,546,920 1,849,283 83.6% 302,363 IT - CapitalOutlay 252,106 308,000 81.9% 55,894 Debt - To Debt Service Fund " 818,000 818,000 100.0% - Contingency - 150,000 0.0% 150,000 Total - Telecommunications Fund 3,763,835 4,413,843 85.3% 650,008 " Note: In M & S appropriafion Central Services Fund Administration Department 2,444,021 3,015,362 81.1% 571,341 Information Technology - Info Services Division 2,055,680 2,537,128 81.0% 481,448 Administrative Services Department 3,393,541 4,084,194 83.1% 690,653 City Recorder 753,747 708,330 106.4% (45,417) Public Works - Administration and Engineering 2,853,943 3,362,420 84.9% 508,477 Contingency - 104,000 0.0% 104,000 Total Central Services Fund 11,500,932 13,811,434 83.3% 2,310,502 Insurance Services Fund Personal Services 156,035 178,080 87.6% 22,045 Materials and Services 1,312,005 1,446,500 90.7% 134,495 Contingency - 300,000 0.0% 300,000 Total Insurance Services Fund 1,468,040 1,924,580 76.3% 456,540 Heatth Benefits Fund Materials and Services 7,986,099 7,816,992 102.2% (169,107) Interfund Loan 250,000 510,000 49.0% 260,000 Contingency - 500,000 0.0% 500,000 Total Heatth Benefits Fund 8,236,099 8,826,992 913% 590,894 Equipment Fund Public Works - Maintenance 1,849,461 2,054,460 90.0% 204,999 Public Works - Purchasing and Acquisition 2,339,860 3,113,000 75.2% 773,140 Contingency 156,000 0.0% 156,000 Total Equipment Fund 4,189,321 5,323,460 781% 1,134,139 Cemetery Trust Fund Transfers 8,022 10,600 75.7% 2,578 Total Cemetery Trust Fund 8,022 10,600 75.7% 2,578 4 Ltar fVtS Frarcal Repot 5 N17l91F5 Schedule of Budgetary Compliance Per Resolution #2013-19, 2014-12, 2014-13 and 2014-24 As of March 31, 2015 (87.50% of biennium) Biennial to date actuals (21 Biennial Budget Percent Months) 20132015 Used Balance Parks and Recreation Fund Parks Division 6,605,998 7,469,390 88.4% 863,392 Recreation Division 2,181,770 2,547,830 85.6% 366,060 Gott Division 915,936 1,012,880 90.4% 96,944 Transfers 922,000 922,000 100.0% - Contingency - 100,000 0.0% 100,000 Total Parks and Recreation Fund 10,625,704 12,052,100 88.2% 1,426,396 Parks Capital Improvement Fund Capital Outlay 2,356,997 4,851,000 48.6% 2,494,003 Total Parks Capital Improvement Fund 2,358,328 4,851,000 48.6% 2,492,672 Total Appropriations 14~ 2,521,128 186'7849 66 76.3% 44,328,539 9 Lt. FYi5 Frcaiaal ReF,or[_d 4,77W5 6 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 8 FY 2013 (21 Months) 20113-2015 Expended Balance YTD EOY 110 General Fund Taxes S 32,921,970 S 36,158,607 91.0% S (3,236,637) S 21,50$577 S 24,072,916 Licenses and Permits 1,701,535 1,545,692 110.1% 155,843 1,746,150 1,921781 Intergovernmental 1,139,692 1,429,981 79.7% (290,289) 1,051,931 1179,996 Charges for Services 2,739,499 3,062,700 89.491. (323,201) 2,885,471 3,385,512 Fines 309,048 339,000 91.2% (29,952) 286,990 364,840 Interest on Investments 42,546 43,000 98.91Y. (454) 42,322 47.215 Miscellaneous 137,492 124,000 110.9% 13,492 271,639 294,870 Transfer in (Reserve Fund) 100,000 100.000 100.0% - - _ Transfer In (Cemetery Fund) 87022 10,600 75.7% (2.578) 8,498 9,631 Total Revenues and Other Sources 39,099,803 42,813,580 91.3% (3,713,777) 27,801,579 31,278,762 Administration 228,550 553,465 41.3% 324,915 325,700 397,169 Administration - Library 487,988 812,E 601% 324,012 648,356 742,545 Administration - Tourism 20,044 61,232 32.7% 41,188 - - Administration - Parking - 287,725 0.0% 287,725 - - Administration - Municipal Court 858,486 994,970 86.3% 136,484 757,277 867,564 Administrative Services - Social Services Grants 254,20 257,688 98.6% 3,483 244,389 244,398 Administrative Services - Economic&CulturalGrants 11197,189 1,433,226 83.5% 236,037 1123,717 1,225,712 Administrative Services - Miscellaneous 158,460 261,251 60.7% 102,791 10,491 114,764 AdministratveServices - Band 98,739 120,390 820 % 21,651 91,986 10,951 Administrative Services - Parks 7,965,004 8,856,1100 89.9% 89'9% - - Police Department 10,844,837 12463,656 87.0% 1,618,819 10,087,703 11,521,226 Fire and Rescue Department 11;597,930 13,134,426 88.3% 1,536,490 9;827,502 11,248,90 Public Works - Cemetery Division 569:218 704,551 80.8% 135,333 544,766 619,998 Community Development - PlanningDivision 2,176,363 2731,822 79.7% 554.460 2028,703 2,332338 Community Development - Building Division 1,161,677 1,390,632 83.5% 228,955 1,093,223 1,259,069 Transfers (Debt Service & Cemelary) 192,824 192,824 100.0% 151,000 151,000 Contingency - 1,041,000 0.0% 1,041.000 - - Total Expenditures and Other Uses 37,811.513 45,295,852 83.5% 7,484,339 27,029,813 30.831.639 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 1,288,290 (2,482272) 151.91% 3,770.562 771,766 447,123 Fund Balance, Jul 1, 2013 3,385,679 3,259,706 103.9% 125,973 2938,556 2938,556 Fund Balance, Mar 31, 2015 $ 4.673.969 S 777 434 601.2°/6 S 3,896,535 S 3,710,322 S 3.385,679 Reconciliation of Fund Balance: Restricted and Committed Funds 690,70 Unassigned Fund Balance $ 3,983,263 y MsFne Foan~w a-, n.as 7 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 8 FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 250 Community Development Block Fund Intergovernmental S 24692 S 453,579 60.6% S (178.887) S 242.666 S 305.860 Total Revenues and Other Sources 274,692 453,579 60.6% (178,887) 242,666 305,860 Personal Services 67,105 68,033 98.61. 928 58,148 69,697 Matanals and Services 241,122 406,735 59.3% 165,613 206,128 236,786 Total Expenditures and Other Uses 308,228 474.768 60% 166,540 264,276 306,483 Excess(Defeciency) of Revenues and Other Sources wer ExpenofNres and Other Uses (33536) (21,189) 158.3% (12,347) (21.610) (623) Fund Balance, Jul 1, 2013 33,801 21,189 159.5% 12612 34,424 34,424 Fund Balance. Mar 31, 2015 S 265 $ - N/A S 265 S 12.814 S 33,801 Reconciliation of Fund Balance: Resficled and Committed Funds 265 Unassigned Fund Balance S (0.00) 8 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31,2M5 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Mance YTD EOY 255 Reserve Fund Interest onlnvestimmis S 13,630 S 15,000 90.9% S (1,370) $ 9.752 S 11,078 Intertund Low 250,000 510,000 49.0% (260,000) - Operating Transoms in - WA 499,000 499.000 Total Revenues and Ober Sauces 263,630 525.0W 50.21Y. (1,370) 508,752 510,078 Interfund Loan (Heats Benefits Fur4 900,000 900,000 100.0% - Operating Transfer out 190,000 190.000 100.0% Tom Ecpendhues and Other Uses 1,090 OW 1.000,000 100.0% - - Ercess(Ddoency) of Revenues and Other Sotuces over Expenditures andOtter Uses (826,370) (565,000) -46.3% (261,370) 508.752 510.078 Fund Balance, Jul 1, 2013 1,019,580 1,019,910 1000% (330) 509.502 509.502 Fund Balance, Ma 31, 2015 S 193.210 S 454.910 425% S (261,700} S 1,018254 S 1.019.580 Reconciliation of Fund Balance: Restricted and Corrunitted Funds 193,210 Unassigned Fund Balance 9 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Swn of Actuals To Date Actuals Budget Coflected FY 2012 & FY 2013 (21 Months) 2013.2015 Expended Balance YTD EOY 260 Street Fund Taxes S 83,246 S 46,000 181.04; S 37,246 $ 80,723 $ 108,818 Intergovernmental 2,034.483 3,363,166 60.5% (1,328,683) 3:419,945 3,695,790 Charges for Servie -Rates 3,525,251 4.021.600 87.7% (496,34% 3,321,846 3,793.748 Charges for Servres - Misc.Servke Fees 51,571 40000 12119% 11,571 35115 40,968 System Development Charges 229,787 130,000 176.8% 99,787 470,121 510.910 Assessments 118,791 20.000 590% 98,791 73,952 84.590 Interest on Investments 42,137 20,000 210.7% 22,137 317701 37,191 Miscellaneous 356,422 220,000 162.0% 136,422 125,038 174,117 Other Financing Sources - WA 1,189,603 1,189,603 Total Revenues and Other Sources 6:441,688 7,860,766 81.9% (1.419,078) 8,748,044 9.635.735 Public Works - Street Operations 4,306,624 7,628,710 56.5% 3,322,086 5,208,202 5,740,775 Public Works - Street Operations Debt 228342 341.750 66.8. 113,408 - PublicWorks - Storm Water Operations 948,142 1.247,230 76.0% 29908 1,092,538 1,225.863 Public Works - Storm Water Operations Debt 24,892 26.317 94.6% 1.425 - - PublicWoks - TransportationSDCs 36,424 446,613 8.2% 410,189 183,926 202,984 Public Woks-Storm WaterSDCs 4,670 80,600 58% 75,930 173,726 177,974 Public Works- Local Improvement:Ntricts - - N,'A 107,317 107,317 Contingency - 215.000 0.0% 215,000 - - Total Expenditures and Other Uses 5,549,095 9,986.220 55.6% 4,437,125 6,765,709 7.454,913 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 892,593 (2,125,454) 142,T1 3,018,047 1,982,335 2,180822 Fund Bafance, Jul 1, 2013 4,417.122 3.185.314 138.7% 1,231.808 2236.300 2236,300 Fund Balance, Mar 31, 2015 $ 5,309.715 S 1,059,860 50101% 5 4,249,855 S 4,218,635 S 4.417,122 Reconc8iation of Fund Balance; Restricied and Committed Funds 5,309.715 Unassigned Fund Balance i-(0) 10 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 8 FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 280 Airport Fund Charges for Services - Rates S 227,499 S 268.800 84.6% S (41301) S 201,629 $ 236,998 Interest onlmestrnents 835 1,000 83.5% (165) 828 962 Other Financing Sources 7,500 0.01% (71500) - - Interfund Loan - - NIA 19.000 19.000 Total Revenues and Other Sources 228,334 277,300 8239/6 (48,966) 221,457 256,960 Materials and Services 117,810 143.310 82.2% 25,500 112,632 123,275 Capital Outlay 44,962 65,000 69.2% 20,038 - - Debt Service 57,804 77,072 75.01/6 19,268 57,804 77,072 Interfund Loan 19,000 19,000 100.0% - Contingency - 10.070 0.0% 10,000 - - Total Expenditures and Other Uses 239,576 314.382 762% 74,806 170,436 200,347 Excess(Deficiency) of Revenues and Otter Sources over Expenditures and Other Uses (11,242) (37.082) 69.7% 25,840 51,022 56,613 Fund Balance, Jul 1, 2013 116.696 101,550 114.9% 15.146 60,083 60,083 Fund Balance, Mar 31, 2015 $ 05.454 $6=468 1616% S 40.986 S 111.104 S 116.696 Reconciliation of Fund Balance: Restricted and Commit ed Funds 105.454 Unassigned Fund Balance S 0 9 M~Fr15 Firarrnal F-yards City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Ended Balance YTD EOY 410 Capital Improvements Fund Taxes S 752,315 S 926,300 8129; S (173:995) S 674,279 S 886,675 Intergovernmental - 792,500 0.0% (792,500) 185,785 197,377 Charges for Services - Internal 1,625,097 1,857,254 87.5% (232,157) 1,625,097 1,857,254 Charges for Services - Misc. Service Fees 103,958 100,000 104.0% 1958 80,978 73:208 System Development Charges 93,323 50,000 186.6% 43,323 78,401 94,549 Interest on Investments 19,146 27,000 70.9% (7,854) 38,979 42,098 Miscellaneous 45,022 21.500 209.4% 23,522 3,653 13,983 Other Financing Sources - 3-429,000 0.0% (3,429,000) 3.566439 3.566439 Total Revenues and Other Sources 2638,861 7,203,554 366% (4.564,693) 6,253,611 6,731,582 PuhlicWorks - Facilities 1,894,920 2,406.460 78.7% 511,540 5,216,128 5.701,498 Administrative Services- Open Space (Parks) 816,727 3,929,000 2a.. 3,112,273 528,332 568,105 Transfers (Debt Service Fund) 83,479 466,900 17.910 383,421 74,%4 83,935 InWhindLoan (EguipmemtFund) 1,000 1,000 1009% - 416,000 416,000 Contingency - 199,040 &0% 199,000 Total Expenditures and Other Uses 2,79%126 7,002,360 391% 4.007,234 6,235,424 6169.537 Ezcess(Deficiency) of Revenues and Other Sources over ExpenrituresandOlerUses (157,265) 201,194 -78.2°! (3587459) 18,187 (37,955) Fund Balance, Jul 1, 2013 2,094,706 1,689.114 124.0°/ 405.592 2-132.661 2,132.661 Fund Balance, Mar 31, 2015 S 1,937,441 S11,81,89030B 102.5% S 47,133 S 2,150,848 S 2.094,765 Reconciliation of Fund Balance: Restricted and Committed Funds 1,937,441 Unassigned Fund Balance S (0) e'er; 12 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuats To Date Actuats Budget Cogected FY 2012 & FY 2013 (21 Months) 203-2015 Expended Balance YTD EOY 530 Debt Services Taxes S 992,967 $ 956,176 1038% S 36.791 S 1,813,062 $ 1,863,798 Charges for Services - Internal 2,122,275 2,308,600 91.9616 (186,325) 2,122,275 2,308,600 Charges for Services - Misc. Service Fees 122,497 149,040 822% (26,543) 130,056 148,684 Assessrrnenis - 252,000 0.0% (252000) - - Interest on lnveshnents 6,992 20,000 350% (13,008) 8,974 10,584 Miscellarmus 6 58,604 0.0% (58598) 339,000 339,084 IntykM Low - - MBA - 364,795 364,795 Transfer in (CIP) 275,303 658,724 41.8% (381421) 74,%4 83.935 Other Ftrr mKog Sources - - RIA 71,851 71.841 Total Revenues and Other Sources 3,520,041 4,403,144 7991/6 (883,103) 4,924,978 5,191.330 Malenais and Services 6,294 15,000 420% 531676 55,676 Debt Sanoce 3,255,829 4,533,084 71.8% 1,277,255 4,392,076 4,794,284 lolerfund Loan (Central Service Fund) 364195 370, WO 98.6616 5,205 - Total penftzesandOther Uses 3.626,918 4,903,084 74,0% 1.282,460 4,447,752 4,849.%0 Fxcess(Deficency) of Revenue; and Other Sources over Erpendrturesand Other Uses (106,878) (499,940) 78,61Y. 393,062 477,726 341,370 Fund Balance, Jul 1, 2013 1.150,618 1.121.533 102.6% 29,085 809248 W9.248 Fund Balance, Mar 31, 2015 5 1,043,740 S 621,593 167.9% S 422,147 S 1,286,474 S 1,150.618 Reconci motion of Fund Balance: _ Resinicled and Cor ended Funds 1.043,740 U nassky;ed Fund Balance $ c,.-:rr 13 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of AcLwis To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 670 Water Fund Taxes S 69 S N/A S 69 S 76 $ 90 Intergovernmental 96,747 NIA 96,747 1,299,232 2.306,790 ChargesforServices - Rates 10,457,019 12,222,171 85.6% (1,765,152) 8,928,217 10,263,284 Charges for Services - Misc. Service Fees 147,446 160,929 91.61/6 (13,483) 156,069 175,508 System Development Charges 538,131 300,000 179.4% 236,131 672,387 757,808 Interest on inveshmarts 51,037 20,000 2552% 31,037 28,909 36,140 Miscellaneous 18,089 10,000 180.91% 8,089 108,152 496,517 Other Financing Sources 1,654,000 2.787,000 59.3% (1.133tHI0) 2547,791 2547791 Total Revenues and Otter Sources 12,962,537 15,500,100 83.6% (23537,563) 13,739,853 16573.926 Administration - Conservation 365,415 449,010 81.4% 83,595 249,394 285;730 Fire- Forest Lands Management D osion 764,510 887,265 86.21% 122,755 1,581,135 2945.813 Public Works-Water Supply 4,461,662 5,391,820 827% 930,158 595,275 685,015 Pudic Works - Water Supply Debt 44,087 44,985 98.0% 8% - - Public Works -Water Treatrnent 2,029,446 2,570.700 78.91/ 541,254 1,748,6663 2,078,460 PublicWxrks - WaterTreatmartDebt 428,359 467,427 91.6% 39,068 - - PublicWorks - Water Operations 4,707,996 6,130,6&1 76.8% 1,422684 3,961,900 4.600274 Public Works - Water Operations Debt 635:635 662,995 95.91% 27,360 - - Public Works - Reimbursement SDCs - - N/A - 96,007 96.007 Public Works - Improvement SDK's 394,883 282,750 136.1% (102,133) 75,365 77,410 Public Works - Debt SDC`s 238,071 241,845 98.4% 3,774 237,840 240.508 Debt Service - - N'A - 899,993 939,539 Interfund Low (Equipment) 150.000 150,000 100.0% - 200,000 400,000 Contingency - 403,000 00% 403,000 Total Expenditures and OOrer Uses 14,210064 17,682,477 80.4% 3,472.413 91664,572 12,348,755 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (1,247529) (2,182,377) 428% 934.849 4,075,281 4,225,173 Fund Balance, Jul 1, 2013 6,437,575 5.741,693 112.1% 695,892 2,212401 2,212,401 Fund Balance, Mar 31, 2015 $ 5,190047 $ 3,559,316 145.81% S 1,650,731 S 6,287,682 S 6,437.575 F!"oncifiation of Fund Balance. Restricted and Committed Funds 4,010,384 Unassigned Fund Balance S 1,179:664 14 r'~s City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Balance YTD MY 675 Wastewater Fund Taxes S 3,009,255 $ 3,469,200 86.7% S (453,945) S 2.697,116 $ 3,54$700 Charges for Services - Rates 7,6347243 9,028,100 84.6% (1,393,857) 6,543,427 7,502,005 Charges for Services - Misc. Service Fees 26,500 20,010 132.5% 6,500 28,237 28,237 SyslernDevelopmnentCharges 173239 130,000 133.31% 41239 145,216 177,130 Interest onlnvestmennts 37,479 36,000 104.1% 1,479 36,719 39,661 Miscellaneous 6,037 5,000 120.7% 1,037 7,239 1,652,519 Otter Financing Sources - 3,272.000 0-0% (3,272.000) 592.151 592,154 Total Revenues and Otter Sources 10,886,754 15,960,300 68.2% (5,073,546) 10,050105 11538,406 Public Works- WastewaterColleetion 3,366,164 5,298,621 63.5% 1,932,457 3,295,226 3.724.875 Public Works - Wastewater Collection Debt 131,358 151,075 86.9% 19,717 - - PublicWorks - WastewaterTrealment 4,307;776 6,527,385 6601% 2,219,609 4,639,236 5.181244 Public Works- Wastewater TreahrientDebt 1,833,655 3,253,250 56.4% 1,419,595 - - Public Works - Reimbursements SDC's 15,219 117,500 13.0% 102,281 1,471 1,471 Public Works- improvements SOCs 82005 1,383,491 5.9°% 1,301,486 304,573 309.179 Debt Service - 30,000 NIA 30,000 1,881,424 3,280,974 Contingency 440,000 0.0% 440,000 - - Total ExpenclitnresaxlOther Uses 9.736,1 T7 17,201,322 566% 7,465.145 10,121,930 12.497,743 Excess(Deliciency) of Revenues and Otter Sources over Expenditures and Other Uses 1,150,577 (1.241,022) 1927% 2,391,599 (71,825) 1,040,663 Fund Balance, Jul 1.2013 4,290,774 3,546,633 121.0% 744,141 3.250,111 1250,111 Fund Balance, Mar 31, 2015 S 5,441.351 S 2,305,611 236.0% S 3,135,740 S 3,178,286 S 4,290,774 Reconciliation of Fund Balance: Restricted and Committed Funds 2,645.486 Unassigned Fund Balance $ 2,795.866 9 Mar r r'1i Frcancal Feocn ds„ caxis 15 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date AcWals Budget Collected FY 2012 & FY 2013 (21 Months) 2013.2015 Expended Balance Yio EOY 690 Electric Fund Intergwemnental S 287112 S 300,000 95.79/. $ $ ChaWforServices - Rates (12,888) S 215,005 273,795 24,077266 28,660,000 84.0% (4,582,734) 22,045,515 24:986,168 Charges for Services - kfisc. Serwe Fees 248,894 560,000 44.4% (311;106) 430,249 479,851 inteeston tmestnents 13,719 22000 62.4% (8,281) 20,166 22,493 Miscellaneous 2416.103 384,000 69.39/. (117,797) 742,290 778,913 Total Revenues and Other Sources 24 893,195 29,926,000 832% (5,032,805) 23.453 225 26 541.220 Admsrisiaton - Conservation 1:130,866 1,494,890 75.6% 364,024 865,386 996,253 Electric- Supply 11,190,320 13.628,373 821% 2,438,053 10,627,050 12,026,628 Electric - Distbubon 10,985.023 13,398,521 820% 2,413,498 10,412,732 11899,469 Electric - Transmission 1,M.121 2,177,635 758% 521,514 1,526,072 1.718.767 Debt Service 46,821 47,774 98.0% 953 47,635 48.857 Contingency - 923.000 D. Q% 923,000 - - Total Expenditures and Other Uses 25,003.151 31.670,193 78.91Y. 6,667,042 23,478,875 26,689,974 Ucess(uetxrency) of revenues ana Umer sources arer Expenditures and Other Uses (109:956) (1:744193) 93.7°! 1,634,237 (25,650) (148,754) Fund Balance, Jul 1, 2013 2327,540 2,334.310 99.7% _ (6,770) 2,476.294 2,476,294 Fund Balance, Mar 31, 20150.117 375.8% S 1,627,467 $ Z450,644 S 2,327,540 Reconciliation of Fund Balance: Restricled and C.omitted Funds Unassigned Fund Balance $ 2 217,584 9M ar 715 nrar~'nEncr. x„x 4! "G. 16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Bienrkw Percent Sum of Actuals To Date AcQrals Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 691 Telecommunications Fund Charges for Services - Rates S 3,397,337 S 3,935,719 86.3% S (538,382) $ 3,309,447 S 3,827,232 Interest onlnvestrnents 2,149 2,000 107.5% 149 4,649 5,037 Miscellaneous 4,750 1.000 4750! 3.750 13,093 13.093 Total Revenues and Other Sources 3,404,237 3,938,719 86.4% (534,482) 3,327,189 1845,362 Personal Services 1,146,809 1,288,560 89.0% 141,751 1,019,140 1,168,955 Materials & Services 1,546,920 1,849,283 836% 302,363 1,440,370 1,661,625 Cap+taloutlay 252,106 306,Of10 81.9% 55,894 81,314 127.073 Debt-Transfer to Debt Service Fund 818,000 818,0OO 100.0% - 818,000 818,000 Contingency - 150.OW 0.0% 150,000 - - Total Expenditures and Other Uses 3,763,835 4,413,843 85.3% 650,008 3,358.824 3775,653 excesstuenciency) or Kevenues ana Vvier sources over Expenditures and Other Uses (359,598) (475,124) 757% 115,526 (31,635) 69.709 Fund Balance, Jul 1, 2013 587.625 5€ 6,092 116.1% 81,533 517.916 517,916 Fund Balance, Mar 31, 2015 S 228,027 S 30,968 736.3% S 197,059 S 486.281 S 587,625 Reconaliatm of Fwd Balance: Restricted and Co miffed Funds - Unassigned Fund Balance $ 223,027 n~ a~sP- P-I'l. 17 1 'E3 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Months) 2013.2015 Expended Balance YTD EOY 710 Central Service Fund Taxes S 117,026 S 137,800 84.9% S (20174) S 98,031 S 124,422 Intergovernmental - - PUA - - - ChargesforServices - Internal 10,520,051 12,048,870 87-31Y. (1,528,819) 9,924,400 11,361,600 Charges for Services - Misc. Service Fees 323,605 596,000 54.3% (272.395) 518208 567,600 Interest on Investments 19,792 10,000 197.9% 9,792 14,003 17,262 Miscellaneous 191,256 229,390 834% (38,134) 200,160 225,990 Interfund Loan (Debt Service) 364,795 370,000 98.6% 5,205 - - Operating Transfer in 90;000 90.000 100-0% - - Total Revenues and Other Sources 11,626,525 13,482,060 862% (1:845,125) 10154,802 12,296,875 Administration Department 2,444,021 3,015,362 81.1% 571,341 2,195,930 2,504 247 Information Techno" - Info Services Divis on 2,055,680 2,537,128 81.(Pio 481,448 1,734,029 1:983,272 Administrative Services Department 3,393,540 4,084,194 83.1% 690,654 3,108,991 3.5771003 City Recorder Division 753,748 708,330 106.4% (45,418) 547,684 680,174 Public Works -Administration and Engineering 2,853,943 3,362,420 84.9% 508,477 2468,037 2,825,649 Inlefund Loan - - IVA - 364,795 364,795 Contingency - 104,000 0.0% 104,000 - - Total Expenditures and Other Uses 11,500.932 13,811.434 83.3% 2,310,502 10,419,466 11,935,140 Excess(Deficiency) of Revenue and Other Sources over Expenditures and Other Uses 125,593 (329,374) 138.1% 454,967 335.336 361735 Fund Balance, Jul 1, 2013 853,281 721,405 118.3% 131,876 491,546 491,546 Fund Balance, Ma 31, 2015 $ 978.874 S 392,031 249.7% S 586,843 S 826.882 S 653.281 Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance S 978,874 18 YI City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum ofActuals To Date Actuals Budget Collected FY 2012 8 FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 720 Insurance Service Fund Charges for Services - Internal S 1:299,985 $ 1,464,410 88.8% S (164,425) S 1,282,885 S 1,472,093 Interest on Investments 13,574 10,000 135.7% 3,574 10,451 11,762 Miscellaneous 1,337,547 60,000 2229.2% 1 1,277,547 194,698 230.402 Total Revenues and Other Sources 2,651,106 1.534,410 172.8% 1,116,696 1,488,034 1,714,257 Personal Services 156,035 178,080 87.6% 22,045 139,640 159,338 Materials and Services 1,312,005 1,446,500 90.7% 134,495 1,250,003 1,312,004 Contingency - 300.000 0.0% 300,000 Total Expenditures and Ottier Uses 1,468,040 1,924.580 76.35; 456,540 1.389,643 1471,342 tncessplehciency) of revenues ano Umer bounces over Expenditures and Other Uses 1,183,066 (390,170) 403.2% 11573,236 98.391 242,915 Fund Balance, Jul 1, 2013 84$858 _ 819,457 103.61% 29,401 605.943 6D5.943 Fund Balance, Mar 31, 2015 5 2,031,924 S 429.287 473.31/6 S 1.602,637 S 704,334 S 848,858 Reconciliation of Fund Mance: Restricted and Committed Funds 2,031,924 Unassigned Fund Balance S 0 1 Includes money reserved for PERS rate change 711,015 air, Fr ...~-A:. ,1., x..2~ra 19 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Achsals To Date Actuals Budget Cogected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Balance YM EOY 725 Health Benefits Fund Charges for Serves - internal S 7,130,570 $ 7,993,710 89.2% S (863,140) S - $ Interest on investrnents 3,223 20,000 16.1% (16,777) Miscellaneous 211,795 - PIA 1 211,795 Intertund Loan (Reserve Furx!) 900.000 900.000 100.01/6 Total Revenues andOtfier Swrces 6,245,589 8,913,710 92.5% (668,121) Personal Services - - NIA - Materials and Services 7,986,099 7,816,992 102.23% (169,107) InfertundLoan 250,000 510,000 49.0% 260,OW Contingency - 500,000 (t0% 500,000 Total FxpendiVes and Other Uses 8,236,099 8,826,992 93 3% 590,893 Excesspetraency) of Revenues and Ot er Sources over Expenditures and Other Uses 9,490 86,718 1091% (77,228} Fund Balance, Jul 1, 2013 0.09i, Fund Balance, Ma 31: 2015 S 9,490 S 86.718 10.9% S (77,228) S S Reconciliation of Fund Balance: Restricted and Committed Funds 9,490 Unassigned Fund Balance $ (0} 1 Amount received as refund when clos old plan 5 Mar Fns nrzr~al Froac.lst un 's 20 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Srsn of Actuals To Date Ach+als Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 730 Equipment Fund Intergovernmental S - $ - WA S - S 201,753 S 201,753 Charges for Services - Internal 3,157,689 3,277,788 5631/ (120,099) 3,082,735 3,522,437 Charges for Services- Misc. Service Fees 36,321 160,437 22.6% (124,116) 140,725 157,771 Interest on InvestnenLs 28,335 53,000 53-6% (24,615) 51,186 56,815 Miscellaneous 149,378 113,000 1322% 1 36,378 29,414 56,005 Interfund Loan (Airport & Water Fund) 170,IXO 169,000 100.6% 1,000 616,GW 816,000 Total Revenues and Other Sources 3,541,774 3,773,225 93.91% (231,451) 4,121,814 4.810,781 PuhlicWorks - Maintenance 1,849.461 2,054,460 90.0% 204,999 1,725,721 1.974,595 PuhlicWorks - PurchasingandAcquisition 2339,860 3,113,000 75.2% 773,140 965,314 1,318,492 Interfund Loan - !llA - 19,000 19 0co Contingency - 156,000 0.01% 156,000 - Total Expenditures and Other Lle, 4,189,321 5,323.460 78.711. 1,134,139 2730,035 3.312,087 Excess(Defic y) of Revenues and Other Sources over Expendtures and Other Uses (647,547) (1,550,235) 58 2% 902,688 1,391,779 1,498,694 Fund Balance, Jul 1, 2013 3,357,663 2831.016 118.6% 526,647 1,858,969 1.858.969 Fund Balance. Mar 31. 2015 S 2,710,116 S 1,280,781 211.6% S 1,429,335 $ 3,250,747 S 3.357.663 Reconciliation of Fund Balance: Restricted and C«nrnitted Funds 2710,116 Unassigned Fund Balance S (0) 1 Sale of rollingstock 21 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 81o Cemetery Fund Charges for Serves - Rates S 42,474 S 50.000 84.9% S (7,527) $ 36,865 S 40,336 Interest on Investments 8,022 10,600 75.71% (2,578) 9.604 10,737 Miscellaneous (145) - KIA (145) Transfer In (General Fund) 1,000 1,000 100.0°! 1,000 1,000 Total Revenues and Other Sources 51,351 61.600 83.4% (10,249) 47,468 52,073 Transfers 8,022 10.600 75.7% 2.578 8,498 9,631 Total Expenditures and Otter Uses 8,022 10,600 753% 2,578 8,498 9,631 Excess(Deficiency) of Revenue and Other Sources over Expendtures and Other Uses 43,329 51,000 85.0% (7,672) 38,970 42,442 Fund Balance, Jul 1, 2013 874,044 8f,744 98.6% (12,700) 831,602 831,602 Fund Balance, Mar 31, 2015 S 917,373 S 937,744 97.8% S (20,372) S 870,574 S 874.044 Reconciliation of Fund Balance: Restricted and Committed Funds 917.373 Unassigned Fund Balance -L -(O) 9 h!ar FY]SFV,arrnl ficpur. xlsx 22 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Acruats To Date Actuals Budget Collected FY 2012 8 FY 2013 (21 Months) 2013-2015 Expended Balance YTD EOY 211 Parks and Recreation Fund Taxes 5 $ NIA S $ 8,538,990 S 8,773,533 1 Intergovernmental 6,050 RIA 33,117 33,117 Charges for Services - Internal 7,965,004 8,856.000 89.9% (8901996) - - 1 Charges for Services - Misc. Service Fees 1,486,713 1,793,633 82.9% (306,920) 1,479.058 1.735,365 Interest on Investments 8,492 26,000 321% (17,508) 29,116 32,507 Miscellaneous 42298 69,000 613% (26.702) 66,421 68.863 Total Revenues and Other Sources 9,508,557 10,744,633 88.5% (1,242,126) 10,144,702 10,643,385 Parks Division 6,605,998 7,469,390 88.4% 863,392 6,308,054 7,344,233 Recreation Division 2,181,770 2,547,830 85.6% 366,060 1,869,614 2,217,452 Golf Division 915,935 1,012,880 904% 96,945 726,677 833,621 Other Financing Uses - Transfers 922,000 922,000 100.0% - 699.000 699,000 Contingency - 100,000 0.01. 100.000 - - Total Expenditures and Other Uses 10,625.703 12052,100 88.2% 1.426.397 9,603,345 11,094,306 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (1,117,146) (1,307,467) 14.6% 190,321 541,357 (450,921) Fund Balance, Jul 1, 2013 1183,435 1,973.756 904% (190,321) 2214.031 2,214,031 Fund Balance, Mar 31, 2015 S 666,289 $ 666.289 100.0% S 0-s- 2,755,388 S 11783,435 Recwciliation of Fund Balance: Restricted and Committed Fund - Unassigned Fund Balance S 666289 1 Change in funding through General Fund 2 Payments balanced t4 meet budgeted EFB rou Ff is Faaai :,~~,n 23 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2015 Biennial Percent Sum of Actuals To Date Actuals Budget Collected FY 2012 & FY 2013 (21 Mantles) 2013-2015 Expended Balance YTO EOY 411 Parks Capital Improvement Fund Charges for Servxes S 257,253 S 59,000 436-0% S 198,253 S 68,671 S 165.3% IniewVemmental 1,028,333 3,929,000 262% (2900,667) - Inbxeston lmestri nts 3,093 4100 75.4% (1,007) 3,894 4.324 Miscellaneous 18,372 - N/A 13,522 34,476 Transfer In (Park Fund) 922.060 922,000 i(6.0°i 350,000 350,000 ToW Revenues and Other Sources 2,229,051 4,914,100 45.4% (2,703,421) 436,087 554.106 Materials am Services 1,331 - NIA (1,331) 20,846 25,081 CapitarOutlay 2,356,997 4,851,000 48.6% 2494,003 516,703 574,259 Total Expendnt res and Other Uses 2,358.328 4,651.000 48.6% 2492,672 537,549 599.340 Excess(Dekce ncy) of Revenues and Other Sources over 6cpendhiresand Other Uses (129,277) 63.100 -20491/. (192377) (101,462) (45,234) Fund Balance, Jul 1, 2013 387,632 239,032 162.2% 148,600 432866 432.866 Fund Balance, War 31, 2015 S 258.355 S 302:132 855% S (43,777) S 331,404 S 387,632 Reconciliation of Fund Balance: Restie#d and Cvmmithd Funds 100,(60 Unassigned Fwd Balance S 158,355 niTrn~s 24 CITY OF ASHLAND Council Communication May 19, 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 How Single Parking Violations Relate to Other Penalties for Parking Violations FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us Lee Tuneberg, Administrative Services Director, tuneberl@ashland.or.us 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. 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; and (3) distinguish presumptive fines for parking violations from penalties for multiple parking violations, from enhanced penalties for ignoring parking tickets, and from the current parking fine surcharge. 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 parking violations. But current code does not set the amounts for simple, one-time parking violations and does not state who has responsibility for setting those amounts. The current $7 fine for a simple overtime parking violation (to which is added a $4 parking surcharge for parking improvements) apparently was established by a former municipal court judge more than 30 years ago. In order to set the stage for Council consideration of a resolution updating the fines for parking violations, staff recommends the attached ordinance amendment. The proposed ordinance amendment would allow the presumptive fines for parking violations to be set by Council resolution. Including parking fines in the master fee schedule approved by resolution annually would encourage regular review of the appropriateness of the amount established for the presumptive fines. The other parking violation penalties already set by ordinance would not be affected by this amendment. By cross-referencing other relevant AMC provisions on penalties related to parking citations, the proposed amendment would also make clear that those penalties are all independent of the presumptive fines for single parking violations and are subject to their own distinct provisions in the Ashland Municipal Code. Page 1 of 2 CITY OF -ASHLAND The proposed amendment would retain current code language imposing a $50 dollar penalty on each violation in excess of four violations in any calendar year. This provision has been in effect for a number of years but in recent years has not been rigorously observed. The proposed amendment also adds the phrase "in one calendar year" to the table already contained in current AMC 11.28.110A. This addition is to make the timeframe in the table clearly consistent with the timeframe in the immediately preceding text. Following a future study session on enforcement of parking regulations, staff anticipates proposing to Council further, more extensive changes to AMC chapters 11.24 and 11.28. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Passage of the ordinance amendment is likely to result in a modest increase in Ashland Municipal Court revenues 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." ATTACHMENTS: Proposed Ordinance Page 2 of 2 Ir, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11.28 TO AUTHORIZE CITY COUNCIL TO ESTABLISH PRESUMPTIVE.PARKING VIOLATION FINES BY RESOLUTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through 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 cumulative violations of parking-related regulations exist in multiple chapters of the Ashland Municipal Code. WHEREAS, the amounts of fines for one-time parking violations are not mentioned in the Ashland Municipal Code. WHEREAS, the City Council has the authority to determine the amount of a presumptive fine for each type of parking violation and can exercise that authority in an expeditious manner by resolution. 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: 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 vehicle, and the owner or operator of the vehicle shall be subject to the fines and other penalties and surcharges provided in Section 1.08.020 11.24.100 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. Ordinance No. Page 1 of 4 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. Fines M Presumptive fines for parking violations shall be established by resolution of the City Council a. Separate from and in addition to other penalties or charges provided herein, a presumptive fine is the fine amount imposed against a person who pleads no contest to or is otherwise found guilty of a violation Fines shall include the original ticketed amount as well as any enhanced penalties and surcharges, including those set forth in Section 1124100 and Section 11.28.120. In addition, a person who commits three or 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 each parking violation they receive in that year. Multiple Violation Penalties* Number • violations Additional Penalty 3 violations $25.00 4 violations in one calendar ear $25.00 5 or more violations in one calendar year $50.00 for each violation *This table does not include the presumptive fines, enhanced penalties, surcharges, or other fees authorized under this chapter. B. Immobilizer (boot) Installation and /or Towing. (1) When a driver, registered owner, or person in charge of a motor vehicle has either (1) 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 under contract with the City or the City' s contracted parking enforcement service provider, as applicable. Ordinance No. Page 2 of 4 (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 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. Savings. 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 Ordinance No. Page 3 of 4 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 , 2015. 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 CITY OF -ASHLAND Council Communication May 19, 2015, Business meeting First Reading of an Ordinance Amending Chapter 2.10.040 to Revise Standards for a Quorum and for Number of Votes Needed for Official Action at Meetings of Advisory Commissions and Boards FROM: David H. Lohman, City Attorney, lohmand@ashland.or.us SUMMARY: This agenda item is the first reading of an ordinance defining a quorum of any meeting of a City advisory body to be more than one half of the members serving on the body at the time of the scheduled meeting and requiring that any official action of the body be approved by no fewer than three of the voting members and a majority of the voting members present at the meeting. BACKGROUND AND POLICY IMPLICATIONS: At its May 4, 2015, study session, the Council discussed a proposal forwarded from the Public Arts Commission ("PAC") to change the definition of "quorum" contained in AMC 2.10.040. That code section currently reads, "A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions." (Emphasis added.) The PAC requested that vacant positions not be counted toward the number required for a quorum. The PAC's request, which has been seconded by some other City advisory bodies, is motivated by the fact that there are almost always vacant positions on our boards and commissions. These vacancies, together with the usual absences due to vacations, illness etc., sometimes make it difficult to obtain a quorum for a particular meeting. For instance, the Public Arts Commission has seven positions. With only five of the positions currently filled, four of the members must be present in order to have a quorum. With this requested amendment, attendance by three of the five current members would constitute a quorum. Councilors at the May 4 study session appeared amenable to reducing the quorum requirements for meetings of advisory boards and commissions only if any official action of the body had to be approved not only by a majority of the voting members present at the meeting but also by at least three of the voting members - regardless of the number of current members. Accordingly, the proposed ordinance amendment effectively reduces the quorum requirements for advisory boards and commissions while placing a floor on the minimum number of votes required to take any action. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A Page ] of 2 r, PIA CITY OF ASHLAND 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 2.10.040 to Revise Standards for a Quorum and for Number of Votes Needed for Official Action at Meetings of Advisory Commissions and Boards." ATTACHMENTS: • Proposed Ordinance • May 4, 2015 Study Session Minutes: http://www.ashland.or.us/Agendas.asp?Display=Minutes&AMID=5981 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.10.040 TO REVISE STANDARDS FOR A QUORUM AND FOR NUMBER OF VOTES NEEDED FOR OFFICIAL ACTION AT MEETINGS OF ADVISORY COMMISSIONS AND BOARDS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined throug-h and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, The quorum currently required to hold an advisory commission or board meeting is more than one-half of the total number of authorized members, including any vacant positions. WHEREAS, City advisory commissions and boards frequently have had to reschedule meetings due to unanticipated member absences. WHEREAS, City Council has authority to modify the quorum requirements for the City's advisory commissions and boards and to set the minimum number of affirmative votes necessary to approve a commission or board action. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. AMC Chapter 2.10.040 is hereby amended to read as follows: Section 2.10.040 Quorum and Effect of Lack Thereof A meeting quorum shall consist of more than one-half of the toW number of armed members of currently-serving council-approved appointees to the body, ' Non-voting ex officio members, staff and liaisons do not count toward the quorum. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, internet etc.) has been established by the membership and public meetings law Ordinance No. Page 1 of 2 requirements are met. Adoption of any motion requires the affirmative vote of at least three currently-serving voting members or a majority of the voting members in attendance, whichever is greater; some motions require the affirmative vote of at least two-thirds of the members present. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. SECTION 3. 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 4. 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, and text descriptions of amendments (i.e. Sections 3- 4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2015, and duly PASSED and ADOPTED this day of , 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Ordinance No. Page 2 of 2 City Council Study Session May 4, 2015 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, May 4, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:29 p.m. in the Siskiyou Room. Councilor Lemhouse, Morris, Seffinger, Rosenthal, Voisin, and Marsh were present. 1. Public Input (15 minutes maximum) Louise Shawkat/870 Cambridge Street/Wanted to know when the Conservation Commission's plan to develop and implement a Climate Action Plan would go before Council. City Administrator Dave Kanner responded the Conservation Commission would present the plan at the June 2, 2015 Council meeting. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Options for rehabilitation of the Pioneer Mike statue Historic preservation consultant George Kramer from Kramer and Company provided background on the Pioneer Mike statue dedicated October 1910 as a gift to the city from the Carter family through a $1,000 donation. The statue has stood at the plaza for 115 years and removed twice. Once in 1969 when someone lassoed Pioneer Mike, pulled the statue down breaking the boots and one arm, and since October 2014 when someone broke the arm off in the same place. Southern Oregon graduate Ron Reinmiller repaired the damage that occurred in 1969 using fiberglass and epoxy and the statue returned to the plaza in 1972. The statue was made of zinc and soldered together. Zinc was brittle and over time, repairs weakened the statue. There were four examples of Pioneer Mike in the country. Ashland's was the only one in exterior display. Out of four, only two remained. One was in Ashland and the other in Stone Lake IA. The City of Storm Lake experienced similar issues with their statue that resulted in recasting Pioneer Mike in bronze for exterior display. The original is on interior display at the Buena Vista Historical Society. The statue was originally in contrapposto posture but repaired flatfooted in 1969 for additional stability. There were two options. One was continue to repair the statue as needed and if Council chose that option, Mr. Kramer strongly recommended the City have a mold made. The other option was accepting the City of Storm Lake's offer to allow the City to send a mold-maker and model their bronze casting. The City would display the bronze replica at the plaza, repair the original, and display it at an interior location. Pioneer Mike was on the national register. The Oregon State Historic Preservation office was aware of issues with cast zinc statues and was comfortable with the City replacing the statue with a bronze replica. Mr. Kramer referenced page 25 of his report and clarified costs. Repair damage for exterior installation was $10,000 and $1,500 for interior display. With fountain repair costs included, the Repair Option was $35,500. The Replication option would cost $47,000-$57,000. Council supported replicating the statue in bronze and repairing the original for interior display. Mr. Kanner noted there was one-time money in the budget for possible replication, $8,500 from the insurance company, and the insurance company would pay the $10,000 deductible. Council suggested looking at the fountain in front of the library that did not work and restoring the Abraham Lincoln statue in Lithia City Council Study Session May 4, 2015 Page 2 of 3 Park. The Public Arts Commission and Historic Commission could do an inventory of the current statues and fountains in need of repair and make recommendations, including the replacement of Pioneer Mike with a bronze statue. Mr. Kramer and Council discussed not repairing the flatfooted original and keeping it as part of Ashland's story. 4. Discussion of City Recorder compensation and Charter amendment Councilor Lemhouse explained this was City Recorder Barbara Christensen's final term and she would not seek re-election when it ended. Councilor Lemhouse stated that the discussion should be focused on whether the salary and the formula used to set the pay for the City Recorder position was right and if the position should continue as an elected position. Council confirmed the City Charter dictated the formula for salary calculation and it would require an amendment to change the salary formula or change the position from elected to appointed. There were two other cities in Oregon with elected city recorder positions. City Administrator Dave Kanner compiled position descriptions for the city recorder from cities in the state that closely matched the City of Ashland City Recorder job duties and city size. The City considered all forms of increased compensation that management and supervisory employees received when calculating the average increase and applied it to the recorder and municipal judge. Ashland's city recorder was not a classified employee and did not have a pay range with steps. Both the city recorder and municipal judge received a salary and did not get cost of living adjustments. Council noted the technical requirements required of the recorder's office and there was no guarantee the City would get an elected recorder that matched Ms. Christensen's high quality, character, and ethics. Council discussed paying the position like a department head if the position remained elected. Alternately, this was an opportunity to modernize the position, make it appointed, and get input from Ms. Christensen on how it should look. Mr. Kanner clarified if Council wanted to refer a charter amendment he recommended not making it effective until the expiration of the current city recorder's term. Mayor Stromberg added having the amendment go into effect at the end of the current incumbent's term or whenever that incumbent left the position. Other comments suggested changing the position but retaining the elected status and addressing qualification concerns, have the city recorder's salary relate to department head salaries, not supervisor pay, and when the amendment passed, offer that pay increase to the current city recorder. Council wanted to review the pros and cons. Mr. Kanner further clarified the top of range for a current city recorder was similar to what Ms. Christensen was earning. An analysis of the required duties and what that type of position was paid in comparison to other city positions, along with an analysis of comparable positions in similarly sized jurisdictions would result in the top salary range close to the current recorder's salary. He did not consider the recorder a department head position. The scope of resources affected by the position, independent judgment, and decision making factored into a classification did not justify treating the city recorder position as a department head. It was a confidential-administrative position below a senior management or deputy police chief role. Staff would need to do a comprehensive analysis to determine actual classification. If Council decided to pursue changing the position to appointed, they could remove the city recorder language from the Charter and create the city recorder position through a code amendment. Mayor Stromberg added the investment policy side of the city recorder and city treasurer would go into the Finance Department. The intention was a clean transition with the current elected recorder's era ending with Ms. Christensen and moving into a classified position in the City. Mr. Kanner noted almost all city recorder positions reported to the city administrator or city manager. City Council Study Session May 4, 2015 Page 3 of 3 Council was interested in knowing the reasoning behind the 1974 change. In 2002, Council did not recommend changing the city recorder position because Ms. Christensen did not support the change. This time Ms. Christensen supported looking into changing the position from elected to appointed. Other Council comments wanted to look at options regarding electing or appointing the position. Mr. Kanner commented elected offices in the country were reserved for policymaking positions and the city recorder was not a policy making position. It was an administrative, professional, technical position that worked within a prescribed set of rules regarding public meetings and information, and records retention. The city recorder implemented the policy of state and local legislative bodies. The elected county clerk ran the elections. The county needed someone who could exercise independence in the running of an election. The Ashland city recorder filed paperwork for the elections and did not run them. Staff would provide the pros and cons regarding whether to keep the position elected or appointed along with options that preserved the position but modernized it in the City Charter. 5. Discussion of quorum requirements for boards and commissions City Administrator Dave Kanner explained the request to change the codified definition of a quorum came from the Public Arts Commission. Council considered changing the quorum in 2012 and at that time elected not to make that change. Public Arts Commission member Margaret Garrington further explained the Commission's difficulties filling the 7-member maximum. Typically, the Commission had four people, and currently had six. Other issues were meeting quorum requirements on a monthly basis. Council suggested changing quorum requirements to mandate a minimum number of votes required to make a recommendation or pass a motion. Currently the Planning Commission had the final vote in a decision unless appealed. Other decisions by commissions ultimately went through Council, there would never be a time three commissioners could make a decision that was final. The quorum could have a minimum of three votes to make a recommendation. Council noted there were twelve commissions and three, the Public Arts, Transportation, and Tree Commissions had challenges getting members and suggested reviewing and improving recruitment processes. Possible other reasons for low recruitment could be attendance requirements or retaining the interest of commissioners and keeping the commissions working. Council majority directed staff to bring back an ordinance lowering quorum requirements with a minimum amount of votes to establish an action. Opposing comments did not want to give staff direction regarding quorum and wanted to address the root cause of quorum issues instead. Council also wanted to know the methodology on recruitment, other strategies to gain interest in commissions, and have someone contact commission chairs for their input. Meeting adjourned at 7:00 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder