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HomeMy WebLinkAbout2015-0818 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 18, 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 August 3, 2015 2. Executive Session of August 3, 2015 3. Business Meeting of August 4, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Forest Lands 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. Minutes of boards, commissions, and committees 2. Class-special procurement with Portland Engineering 3. Approval of an intergovernmental agreement with Oregon Department of Transportation for accessible ramp improvements 4. Approval of an intergovernmental agreement with Rogue Valley Council of Governments and the designated management agencies 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 5. Approval of an intergovernmental agreement with United States Department of the Interior Bureau of Reclamation, Talent Irrigation District, and the City of Ashland 6. Special procurement for the purchase of a Volvo Model PF4410 Asphalt Paver 7. Appointment of Sherman Lucas to the Airport Commission 8. Appointment of Douglas Kay to the Wildfire Commission IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None X. UNFINISHED BUSINESS 1. Downtown Beautification project update XI. NEW AND MISCELLANEOUS BUSINESS 1. Appointments to Ad-Hoc Climate Action and Energy Committee 2. Annual renewal of liquor licenses XII. ORDINANCES, RESOLUTIONS AND CONTRACTS None XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session August 3, 2015 Page 1 of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 3, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:33 p.m. in the Siskiyou Room. Councilor Marsh, Rosenthal, Voisin, and Seffinger were present. Councilor Lemhouse was absent. Mayor Stromberg moved agenda item #4 Discussion of City water sources before agenda item 43. 1. Public Input Julian Hamer/491 Tucker Street/Requested the Ashland Water Advisory ad-Hoc Committee (AWAC) of 2008 be superseded by a Water Commission to address water treatment, supply issues and long-term policy oversight on water, and consider strategies to the drought the area was facing. Discussion could include Talent Irrigation District (TID), and the Talent Ashland Phoenix (TAP) water sources. The Ashland City Comprehensive Plan promoted irrigation water for gardening and lawn watering and expanded to mitigate the wastage of potable water. He asked the City to revisit the existing water policy from the prospective of enduring drought conditions. Furthermore, the City needed to establish specific metrics for TID curtailment that included simultaneous water restrictions throughout the City so the entire community collectively shared the burden. Rich Miller/507 Tucker Street/Was one of the 86 households that had TID service turned off this year and last year. He noted comments made during the June 16, 2015 Council meeting that Ordinance 2188 authorized the City to use TID in water short years. He accessed the Comprehensive Plan on the City website and read references regarding TID under Energy, Air and Water, Conservation item 7(C), (D), and (E) on page 33 and in Chapter 11 on page 68, Council Policies and thought Ordinance 2188 was out of compliance with the Comprehensive Plan. He went on to explain how turning off TID to the 86 households did not comply with the Comprehensive Plan either. Sherrill Rinehart/448 Tucker Street/This year began a new era regarding water due to the implementation of TAP. Last year the choice to use TID for drinking water and potable water for landscape was driven by the fact that Reeder Reservoir was the only back up. The Ashland water policy needed updating. The City should maximize the capacity of Reeder Reservoir by dredging not only the smaller forks but also the back of the dam and conduct another bathometric study. The practice now and in the past was keeping the reservoir as full as possible throughout the summer and was no longer necessary with TAP as a backup. Huelz Gutcheon/2253 Hwy 99/During the July 20, 2015 Study Session, he had shared the energy signature for greenhouse gas and energy was one third house, one third car, and one third for factories. In addition, everyone learned that greenhouse gas numbers were a guess because it was difficult to measure it accurately. He described a formula that resulted in 200,000 tons of Co2 that included a 13% margin for error due to having to guess some estimates. Ashland needed a greenhouse gas inventory in order to establish a baseline to reduce uses by 2020-2050. Louise Shawkat/870 Cambridge Street/Submitted a flyer into the record about an upcoming event called Community Conversations on Transportation Present and Future: Access, Transit, Infrastructure. The event would happen Thursday, August 6, 2015 from 6:00 p.m. to 8:30 p.m. at the Medford Public Library. She hoped the Transportation Commission Chair, Co-Chair, Council Liaison, and the Public Works Director would attend the event. City Council Study Session August 3, 2015 Page 2 of 4 David Hoffman 344 Scenic Drive/Addressed the Normal Avenue annexation and questioned the basis used to determine whether the City was ready for the annexation of 94 acres. A report from 2011 that dealt with growth recommended expansion and seemed to be the major source behind the decision. The data was old and did not include the two years of drought Ashland was experiencing and did not include water needs and usage. He thought the City was trying to get ahead of developers and establish ground rules before land developers dictated them. Mayor Stromberg noted the City had scheduled an update of the Water Master Plan and many of the issues addressed in Public Forum the City and Council would discuss during that review. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion of City water sources Mayor Stromberg explained the agenda item was an attempt to re-discuss a decision Council made regarding Talent Irrigation District (TID) water use during the June 16, 2015 Council meeting. He read excerpts from the minutes where Council voted 4-2 in favor of Option l that directed staff to use TID water to supplement the water supply before using TAP water. He went on to read an email response from Councilor Voisin to City Administrator Dave Kanner that indicated the discussion would study the water sources and how the City would use them as the drought progressed. As the Chair, the Mayor thought this was reopening the discussion and decision Council made June 16, 2015. A Councilor could reopen a decision by making a motion for reconsideration at the next Council meeting. The motion had to come from a member who had voted with the majority. Alternately, a Councilor could make a motion to add an agenda item to a Council meeting requesting Council to reconsider or reopen a subject. Councilor Voisin clarified it was not her intent to revisit the June 16, 2015 decision and referenced a document she sent the Mayor earlier that outlined water demand and sources. Mayor Stromberg agreed on some of the issues Councilor Voisin had indicated but the manner in which the item was placed on the agenda gave him no choice but to pull it from the agenda. Councilor Voisin raised a point of order stating a Councilor could put an item on a Study Session and there were several people present wanting to hear about water sources. Mayor Stromberg reiterated he was pulling the item off the agenda because it belonged on regular Council meeting as a request to re- discuss the Council's June 16, 2015 decision regarding the drought. City Attorney Dave Lohman explained the Mayor was ruling the topic was out of order because it concerned a prior action by the Council that was not currently pending. Councilor Voisin was making a point of order on the basis that any Councilor could add an item to a Study Session agenda. The Mayor could sustain the point of order, overrule the point or order, or submit the question to the Council for a decision and debate. The Mayor could make a ruling and Councilor Voisin could appeal the ruling. The Mayor could also directly submit the question to Council for a decision on the point of order. Based on the information Mr. Lohman knew, he would recommend that it was a prior action the Council took that is not now pending. Mayor Stromberg over ruled the point of order and would submit it to the Council for a decision. Public Works Director Mike Faught responded to Councilor Seffinger on whether the City would turn Talent Irrigation District (TID) water back on during the month long test of the Talent Ashland Phoenix (TAP) line and explained if there was an opportunity and supply was at an acceptable level, the City would. City Council Study Session August 3, 2015 Page 3 of 4 Councilor Marsh added when Council had discussed TID at an earlier meeting they noted the need to discuss water sources and issues at a future meeting. That discussion needed to happen in conjunction with the update of the new Water Master Plan over the course of the next year. At that time, the City would have another year of data on drought conditions. This was not the right time. Council had already made decisions regarding this year. Councilor Voisin thought the Mayor misinterpreted her intention to discuss water sources and demand and that discussion needed to happen during a Study Session. Councilor Rosenthal agreed the water policy and allocation strategy needed revising. He referenced Councilor Voisin's email and thought it should go before a business meeting. Council Morris agreed with Councilor Rosenthal. He supported having a larger discussion on water source and supply as well. Mayor Stromberg asked for a vote from Council on whether to discuss Councilor Voisin's agenda item at the meeting. Voice Vote: Councilor Voisin, YES; Councilor Morris, Rosenthal, Marsh, and Seffinger, NO. Motion failed 4-1. Councilor Voisin would contact Mr. Kanner on adding the agenda item to a regular meeting. 4. Discussion of mission and future of Ashland Fire and Rescue Mayor Stromberg explained Ashland Fire and Rescue (AF&R) performed 15-20 functions. Three of which were central and major uses of resources. The first two were firefighting, and emergency medical assistance that often overlapped and created gaps in service. People were called in for overtime to cover potential gaps. Fire Chief John Karns explained they had two levels for overtime, short-term call back and mandatory callback. Most of the time, they did not get people to come in from callbacks. Battalion Chief EMT-P David Shepherd further explained of the 27 personnel, three lived locally and actively participated in callbacks within minutes. Employees outside of Ashland could take 15 minutes or more to respond. Chief Karns noted the station received simultaneous calls 2-7 times a day. The nature of the call determined a callback. Councilor Voisin raised a point of order and questioned whether the Mayor would finish his presentation and Council could start asking questions. Mayor Stromberg continued and explained the third function was medical transport. Chief Karns noted AF&R transported approximately 1,700 patients with 1,300-1,400 emergent. AF&R had the option to decline transfers. Jackson County Health and Human Services established district boundaries. AF&R was responsible for an area that went from the California border to the top of Talent and mile marker 22 on Highway 66. When the Mt. Ashland Ski Resort was open for skiing AF&R responded to an average of one call per day with occasional calls off-season. Battalion Chief Shepherd explained AF&R covered all calls and requested assistance from Mercy Flights if they were out of resources. Emergency calls to Mt. Ashland Ski Resort could take 3-4 hours. In general, AF&R prioritized emergencies if they occurred simultaneously. If the department were out of people to respond to an emergency, they would contact Mercy Flights for assistance. Call load had increased dramatically since 2009. Trip and fall calls had also significantly increased. One possibility to meet increased service demands was hiring more staff but in general, the Council and Budget Committee had not supported a significant increase to AF&R. Councilor Rosenthal did not recall a request to hire more staff. The Budget Committee may have not recommended an add package for additional staff that came from the Fire Department. Requesting an increase to staff required planning and was not something a department should submit the last night of the budgeting process. City Council Study Session August 3, 2015 Page 4 of 4 Chief Karns addressed overtime pay versus hiring additional firefighters and explained the department paid for a staffing position and not an actual person. They used an 8-9 staffing window and when they went to 7-9, overtime increased to accommodate time off for employees. Overtime pay and new employee salary, depending on where that individual was in the pay scale was similar. AF&R was looking into acquiring funds for a trip and fall prevention program that would consist of evaluating the home environment for someone who had tripped or fallen and was interested in mitigating the potential of it happening again. AF&R would send paramedics because often a new prescription created a drug conflict and caused someone to trip or fall. Rogue Valley Council of Governments (RVCOG) at times had funding that could help support the program. The Fire Department would identify the need, RVCOG would provide funding if available, and a consultant would handle implementation. AF&R would most likely bill close to $2,000,000 for transport this year. Once Medicare, Medicaid, and FireMed write-downs, bad debt non-collection and transportation costs as part of EMS were removed, the net resulted in $275,000. Chief Karns conducted a study on population and services provided and noted ICMA recommended 5.7 on duty personnel per 10,000 population for an average level of service. He preferred to have 1 1 career people on duty backed by a student program. Currently Ashland was four per 10,000. Starting a student program would cost approximately $140,0004160,000. A little more than one full time firefighter. Mayor Stromberg noted AF&R would have to make up the $275,000 if they stopped providing medical transport services. Calls for service were increasing. AF&R could identify and possibly drop other services to offset the higher demand. Councilor Voisin raised a point of order regarding the length of the meeting and the executive session following. Mayor Stromberg responded they were almost finished and continued the presentation. Another option for AF&R was merging with Fire District 5. Chief Karns explained this was a current trend in fire service and suspected the Rogue Valley would eventually have a north and south end Fire County. Several issues would need resolution prior to merging. A professional would analyze impact. There were three ways to make the change. One would entail merging with Fire District 5. The second would have District 5 contract AF&R for services. The third would eliminate both departments and start a new special district. City Administrator Dave Kanner noted the City Charter complicated a merger because Article 13 stated that the City shall maintain its own fire department. Mayor Stromberg would check in with each Councilor individually on whether they wanted to pursue a merger or not. Meeting adjourned at 6:50 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder Ashland City Council Meeting August 4, 2015 Page 1 of 10 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 4, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:02 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 vacancies on various commissions. APPROVAL OF MINUTES Councilor Marsh made a correction to the July 21, 2015 minutes on page 5, first sentence under DISCUSSION on the Verde Village motion under COUNCIL DELIBERATION AND DECISION. The sentence should read, "Councilor Marsh noted the proposed modifications were not substantive..." instead of substantive. The minutes of the Study Session of July 20, 2015, and Business Meeting of July 21, 2015 were approved as amended. SPECIAL PRESENTATIONS & AWARDS Mayor Stromberg read the Mayoral Endorsement of the October, "Our Critical Climate; Trends, Impacts & Solutions - a Rogue Basin Summit" event aloud. The dates for the event were October 13 & 14, 2015 at the Commons in Medford. The deadline for registration was September 30, 2015. People interested in attending could register on the Southern Oregon Climate Action Now (SOCAN) at httR//socanctimatesummit.info/. Council agreed to take public input on SPECIAL PRESENTATIONS & AWARDS item 3. Presentation on railroad property. 2. 2015 Drought Update Public Works Director Mike Faught congratulated Ashland citizens for voluntarily decreasing water use 30% using 4.4 million gallons per day (mgd). Usage increased close to 5 mgd during higher temperatures. The East and West Forks flows were at 3.75 mgd with an approximately 1 mgd more than last year this time. At this time, there was no snowpack on Mt. Ashland. Of the 3.75 mgd, .75 mgd needed to remain in the Creek for water rights downstream. The City was also adding 1.9 mgd of Talent Irrigation District (TID) water and Reeder Reservoir was holding steady at 94% capacity losing half million gallons of evaporation due to high temperatures. The Talent Ashland Phoenix (TAP) pipeline test would begin August 15, 2015 and add 2 mgd. Staff met with the TID users who would lose their water rights on July 25, 2015 and shut the backside down July 28, 2015. Mr. Faught noted an issue where the meter was not automatically updating and showed 3.4 mgd when it was 4.3 mgd - 4.4 mgd. Water Distribution Supervisor Steve Walker explained the City had a certain amount of storage for treated water and when they were full, they modulated the treatment process. Water treatment fluctuated throughout the day based on demand. If the East and West Forks were producing enough water to keep reservoirs full, the City would turn on the TID for the backside Ashland City Council Meeting August 4, 2015 Page 2 of 10 customers. Water Conservation Specialist Julie Smitherman shared citywide efforts the community made to reduce water usage. She noted interviews and presentations that occurred regarding the drought and programs customers could take advantage of through the City. Staff had received approximately 400 phone calls and emails asking for assistance to reduce water use. The City established a newsletter and sent articles with monthly utility bills providing tips and programs. Staff completed 140 lawn replacements and opened the program to TID customers as well that resulted in a water savings of 1.5-2 million gallons the community will now have on a yearly basis. In addition, they conducted 50 irrigation evaluations that resulted in customers achieving a 60% savings in water consumption. They updated the Watering Info Line number at 541-552-2057 to determine water needs for plants biweekly. Additionally, there was the Water Wise Landscaping website at http://www.ashiandsaveswater.org/. The City offered rebates for WaterSense toilets, dishwashers, and washing machines, and gave away showerheads and aerators that allowed for a 600,000-gallon water savings. Staff was also distributing guides for watering trees and surviving the drought. The City was evaluating medians and other City owned properties to conserve water further. The Parks and Recreation Department prioritized lawn watering for parks and athletic fields. Staff was working with Southern Oregon University and the Ashland School District on water efficiency gains. In addition to the Water Wise Landscaping website staff was adding a garden tour of pollinator friendly plants. In 2012, the average daily water use was 6 mgd and the area was experiencing a slight drought. In 2014 with all the programs to save and reduce water, the community saved 7.5-million gallons. Mr. Faught noted a full update to the Water Master Plan would occur late 2015 or early 2016. The Ashland Water Advisory Committee (AWAC) had discussed recycling water but decided against it due to the high cost of developing a secondary piping system. Another variable was over 50% of the flow went into Ashland Creek during the winter. They were looking at relocating to Bear Creek for temperature issues but the City had to replace water used back into the creek for fish habitat. 3. Presentation on railroad property Councilor Marsh/Morris m/s to suspend Council rules. Voice Vote: all AYES. Motion passed. Linda Peterson Adams/642 Oak Street/The Remedial Action Work Plan of 2013 described removing this material by truck instead of rail as going against the values of livability and environmental consciousness that "Ashlanders" supported. Removing two-acres was not a positive first step through road trampling, noise producing, and exhaust fuming, traffic-clogging trucks. It set a precedent to remove the remaining 18-acres by those same trucks. She suggested the Mayor and Council write a letter to the Department of Environmental Quality (DEQ) that the Union Pacific Railroad (Union Pacific) Implementation Plan of 2013 remained. The City could deny the excavation permit for the proposed project. She had hoped the city's elected officials would move in the positive direction of sustainability and livability instead of the negative direction of accommodating Union Pacific. Ron Adams/642 Oak Street/Was first aware of the plan to truck contaminated soil down Clear Creek Drive, Oak Street then Eagle Mill Road through the July 23, 2015 Daily Tidings and read from the article. What was not included in the article was any mention of prior discussion and a proposed agreement specifically rejecting the use of trucks and the need to use rail cars for removal of contaminated soil. It also did not say who authorized this planned action and he questioned if it was City staff then wondered who elected them. He wanted to know where the Mayor and Council were regarding this project and expressed concern on the trucks hauling clean fill onto the property. Ashland City Council Meeting August 4, 2015 Page 3 of 10 Cathy Shaw/886 Oak Street/Agreed with the other testimony. The project would increase traffic by 15%. She read a letter from former Mayor John Morrison in 2006. There would be between 4,000- 10,000 truckloads moving down Oak Street. That was a lot of truck traffic for a street already experiencing high volume. Oak Street was an arterial and designed for this type of traffic. The contamination came in via railroad and it should go out via railroad. Different companies owned the rail lines and rail cars. The railroad company was very unwilling to work with the City regarding past projects, and thought the City should get something in exchange. She noted that 4,000-10,000 diesel trucks would pollute the air. Councilor Voisin/Morris m/s to reinstate Council rules. Voice Vote: all AYES. Motion passed. City Administrator Dave Kanner explained Union Pacific had approached the City and the Department of Environmental Quality (DEQ) with a proposal to remove an underground fuel vault and approximately 7,500 cubic feet of contaminated soil around the vault. Union Pacific had not yet applied for a permit from the City to do the work or had received DEQ approval for the project. The railroad property was a 20-acre vacant piece of land north of A Street and south of Hersey Street. It was a locomotive service and rail car repair facility from 1887 to 1986. In 1993, Southern Pacific, the former owner of the property entered into a voluntary cleanup agreement with DEQ and Union Pacific acquired the property in 1996. A voluntary cleanup agreement for a low risk site, which is what this area was, meant the property owner could set its own schedule for remediation. In 2001, the DEQ issued a record of decision that identified five potential courses of action for cleaning the property and selected an alternative that required Union Pacific to excavate, remove, and dispose the contaminated soil. If undisturbed, the contaminants did not pose a human health risk. If disturbed by removal, DEQ required protective measures that would not have a human health risk. Union Pacific proposed to remove an unused buried fuel vault on a two-acre portion of the property by removing the top 4.5-feet of soil, and 2.5-feet of soil in the area surrounding the vault along with a pond. DEQ identified removal of the fuel vault as a necessary action with the exception of the no action alternative. The City would require Union Pacific to implement a dust suppression plan, immersion control plan, air- monitoring plan, covers for all truckloads hauling soil off site, and a plan for washing the truck wheels before leaving the site. Union Pacific would compensate the City for any deterioration to Clear Creek Drive and Oak Street using deflection testing before and after the project. Union Pacific would use Clear Creek Drive, Oak Street, and Eagle Mill Road to 1-5 for removal of contaminated soil and delivering clean fill. It would total 25 truckloads a day over a 5-week period. Union Pacific had an independent environmental program to remove all unused fuel vaults on its properties. There was no indication from Union Pacific that this was the start of a full site cleanup. In 2006, the City sent a letter to DEQ requesting Union Pacific to use rail. In 2012, Union Pacific proposed a full site cleanup using rail cars. The economics of rail was at an all time low and presently it was at an all time high and rail cars were not available. Central Oregon Pacific Railroad (CORP) owned the track and CORP could not guarantee track availability. In addition, the City had no legal way of compelling Union Pacific to use rail. Union Pacific proposed to use Oak Street instead of Hersey Street and Main Street. Oak Street was a designated truck route built to handle heavy truck traffic and Union Pacific would compensate the City for demonstrable damage caused by the project. Portions of Hersey Street had already fallen into the reconstruct category. Union Pacific would not compensate the City for continued deterioration to that Ashland City Council Meeting August 4, 2015 Page 4 of 10 street. The railroad would bring in water trucks for wheel washing, dust suppression, and provide a plan to capture that water so it did not run into the City's system. Mr. Kanner did not think the City could deny the excavation permit. They were similar to building permits and used statutory found in state law for denial or approval. The City could not deny a permit just because it did not support a project. There were other provisions in the code regarding dust suppression and erosion control the City could enforce. DEQ required Union Pacific to clean the site to residential standards. A full site cleanup would most likely consist of 4,000-10,000 truckloads. The cleanup for the fuel vault and surrounding area estimated approximately 500-600 truckloads start to finish. Mr. Kanner addressed what the City would get out of the project and explained the City deserved a cleaned up site instead of an environmental disaster in center of town. The cleanup would also have to happen eventually. Councilor Voisin disagreed and wanted some way to hold Union Pacific to the 2012 plan that the Council approved and referred to the Remedy Implementation Plan. Mr. Kanner responded the plan came to Council during a Study Session and Council never approved it. Union Pacific backed off from the cleanup at that time due to confusion on whether they would have to clean the entire site to residential as required by the City or only clean the area identified by DEQ to a residential standard. City Attorney Dave Lohman was the former chair of the Oregon Transportation Commission's Rail Committee. Mr. Lohman explained rail cars were in high demand and hard to get primarily due to increased shipments of coal over the past two years. It was highly probable they would not use the rail cars for cleanup since they were making money shipping coal. CORP would most likely demand a high price per rail car from Union Pacific to use their line. Mr. Kanner thought Union Pacific could choose to do nothing indefinitely, there was no deadline imposed by DEQ. Union Pacific was ready to cleanup a portion of the property and had walked away from cleaning up the site twice. The benefit to the City was that it was a step in the right direction towards getting the site cleaned up. Mayor Stromberg added that once cleaned to residential standards the property would provide tax revenue. It had substantial value depending on how it was developed. The problem was the City had little advantage over Union Pacific. Mr. Kanner commented that state law preempted cities from adopting any rules that regulated the use of rail or railroads. That was different for the land itself and the City had imposed land use conditions of approval on the property. The proposal came from Union Pacific's environmental program and not the real estate division the City dealt with before. A full site cleanup would take four months and require 400 rail cars that translated to 10,000 truckloads. Mr. Lohman explained the proposed Remedy Implementation Plan from 2012 was never consummated therefore the City could not impose the plan now. Council could request DEQ use the plan but not require them. Councilor Morris questioned the benefit of the cleanup if the property remained unusable. Mr. Kanner confirmed Union Pacific would clean up the proposed two acres proposed to residential standards. DEQ did not require the entire parcel be residential, only four hot spots on the property. Mayor Stromberg asked the Council if they wanted to suspend the rules to allow a question from the audience. Councilor Marsh raised a point of order, noted the item was on the agenda as a presentation, required no action on the part of Council, and suggested adding it to the agenda. Ashland City Council Meeting August 4, 2015 Page 5 of 10 Councilor Voisin/Marsh m/s put this item on the agenda for consideration later this evening. Voice Vote: all AYES. Motion passed. Councilor Voisin raised a point of order to confirm the public could speak on the agenda item. PUBLIC FORUM Michael Lessmeier/448 Tucker Street/Attended the previous nights Study Session regarding water and was disappointed the discussion did not take place. He was disturbed the Council would avoid a substantive discussion on an issue so vitally important to the community because of a procedural objection. Forty-one concerned citizens wanted to hear what Council had to say and that opportunity was lost forever. There would be other opportunities but those 41 people would never be together again. He thought the objection was unfair and that Councilor Voisin was not informed of the objection beforehand. Mayor Stromberg explained that meeting would take place with the review of the Water Master Plan, Phillip Lang/758 B Street/Spoke on the case he had filed on the 24 American Disabilities Act (ADA) violations on the Oregon Shakespeare Festival campus. The presiding judge at the Ninth Federal District Court set a trial date for this matter in July 2016. This was a major civil rights case, 300,000 people cross the OSF courtyard annually. The audience was aging and getting more disabled every year. The lack of risk management and the failure to correct ADA violations made the City and OSF vulnerable to big lawsuits. The City approved the lease in 2000 and that lease has been violated ever since. Sherrill Rinehart/448 Tucker Street/Asked Council and staff to support more stringent water conservation during a drought emergency. If the community in a drought emergency could conserve even more water there would be more of our free and best quality water and less of the Talent Irrigation District (TID) water for drinking. The community could use less high quality drinking water for watering plants. She also attended the previous night's Council meeting, was disappointed, felt disrespected, and was disheartened by the manner the discussion was shut down. Huelz Gutcheon/2253 Hwy 99/Explained the Ashland Renewable Energy Acquisition Department announced that enabling complicated solar financial mechanisms necessitated hiring a specially trained MBA type expert. He realized the present staff was decidedly unfit to drive Ashland's climate future. He also concluded that Council was uniquely qualified to learn these new mechanisms quickly. He announced that he was running for Ashland Community Development Director. It was necessary for government policy makers to be supremely knowledgeable in renewable energy solutions. He knew what to do and knew the difference between fantasy and energy reality. Greenhouse gas inventory, ten cars per every household went into the atmosphere, five of those fell into the ocean increasing hydrogen ions and harming fish. Louise Shawkat/870 Cambridge Street/She thanked the Mayor for endorsing Southern Oregon Climate Action Now (SOCAN) Our Critical Climate: Trends, Impacts, and Solutions, A Rogue Basin Summit. She submitted a document into the record that showed climate trends and consequences for the Rogue Valley. She encouraged Council to send as many City staff as possible to attend the summit and noted participants. It was important to study climate trends and projections to develop plans for the next 5-50 years to be proactive and not reactive. Joseph Kauth/32 Walker Avenue/Addressed climate change, Council actions, and impacts on climate change. The Forest Resiliency plan started cutting at 5,000 feet. He had a copy of the August 2, 2015 Mail Tribune regarding El Nino and noted comparisons to 1997. Plastic grocery bags always washed into the creek and clogged up the oceans. He pointed out atmospheric disturbances occurring in the ocean that Ashland City Council Meeting August 4, 2015 Page 6 of 10 was disturbing. The Forest Resiliency plan took place at 5,000 feet and removed the "transport We," a word he created, that removed the insulating coating that is like a vapor lock. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Appointment of Alex Censor to the Airport Commission 3. Appointment of Mike Oxendine to Tree Commission 4. Contract with Pathway Enterprises to provide janitorial services 5. Jackson County Supervising Physician direct award request 6. Public Art Commission test project Councilor Rosenthal pulled Consent Agent item #6 for further discussion. Public Arts Commissioners Margaret Garrington and Alissa Clark Rich explained the process used to vinyl wrap utility boxes with digital imagery. The removal process was similar. It was difficult to scratch the two-millimeter vinyl material and graffiti wiped off. Councilor Marsh thought it was great the artwork featured came from staff, City Senior Planner Brandon Golden for the first utility box. Councilor Marsh/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS None UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. Appeal of denial of Special Event permit for Techtoberfest City Administrator Dave Kanner clarified Sustainable Valley Technology Group (SVTG) technically had not submitted an application. Staff reviewed their application that requested closing a portion of B Street for 17-18 hours. The application went to the City Administrator to waive the two hour street closure limit. After discussions with City staff, Mr. Kanner decided not to waive the two-hour limit. Staff informed SVTG they could appeal the denial. He interpreted waiving the two-hour limit with closing a road for 3-4 hours. Another reason for denial was correspondence from the Police and Fire Departments that they had never allowed closure of B Street because it is a neighborhood collector. This would set a precedent, the City would have to treat all applicants equally, and it was a bad precedent to close a collector. Councilor Voisin raised a point of clarification and confirmed the closure on B Street was between Oak Street and Pioneer Street. Fire Chief John Karns and Police Chief Tighe O'Meara agreed it was not ideal to close the road for that long. Both departments could work with the closures but it was a major thoroughfare and there were concerns on response time. Closing Pioneer Street instead would make the situation worse for an emergency event. Applicants Rosetta Shaw, Cassandra Davis, and Jessica Gomez explained the layout and were willing to reduce the street closure time from 6:00 a.m. to 11:00 p.m. to 11:00 a.m. to 7:00 p.m. with the event starting at 2:00 p.m. They described logistics, set up times and that they were expecting 500-2,000 attendees. Ms. Davis further explained why the Historic Ashland Armory was better suited for the event. Staff confirmed the Fire Department had denied four separate block party requests to close B Street and there was a policy of not closing B Street. Ashland City Council Meeting August 4, 2015 Page 7of10 Councilor Voisin m/s have staff work with the Sustainable Valley Technology Group to find another space. Motion died for lack of a second. Council discussed other locations, the possibility of the applicants hiring Ashland Police for security. Chief O'Meara explained hiring Ashland Police was unusual but could happen. The conditional use permit (CUP) required an applicant to hire private security to ensure crowds did not spill into right of ways. Other Council comments noted exceptions to policy were problematic for the Parks and Recreation Department in the past and expressed concern regarding fairness issues. Council suggested trying the street closure as an experiment. The applicants assured Council closing the street from 11:00 a.m. to 7:00 p.m. provided ample time for setting up and dismantling. Mr. Kanner informed Council that October 10, 2015 was also the day for the Gay Pride Parade that would temporarily close Siskiyou for the actual parade with an event following in Lithia Park. Additionally, the Growers Market would close part of Oak Street until early Saturday afternoon the same day. Chief O'Meara commented it would be more problematic but the Police Department could work around the closures. Councilor Morris/Voisinm/s to approve the Sustainable Valley Technology Group request to close B Street between Oak Street and Pioneer Street for the extended hours of 11:00 a.m. 7:00 p.m. on October 10, 2015. DISCUSSION: Councilor Marsh would oppose the motion. It was too much activity and too many unknowns to happen on the same day. It was confusing to have multiple closures and an intense use in a small area. Councilor Rosenthal would support the motion. He wanted the event to happen in the community. Councilor Seffinger would also oppose the motion. It was not a fair trial and could cause emergency issues in the community. Roll Call Vote: Councilor Morris, Rosenthal, Voisin, YES, Councilor Seffinger and Marsh, NO. Motion passed 3-2. 2. Downtown Beautification Project update Engineering Services Manager Scott Fleury provided the background on the selection process that selected Covey Pardee Landscape Architects and KenCairn Landscape Architects for design work on four projects. The projects included the corner at Winburn Way, the Pioneer Parking lot, improvements to the Plaza, and the triangle strip at the corner of Pioneer Street and Lithia Way. The final designs were before Council for approval prior to bidding and construction. They originally planned construction for June 2015. Due to the extended selection process, meeting dates, and impacts to the downtown area, staff recommended postponing the projects until fall 2015 to minimize overall impacts and attain better bids. Construction for the parking lot on Winburn Way corner, and the triangle on Pioneer Street and Lithia Way would go for bid and construction early 2016 with completion by April 2016. Kerry KenCairn from KenCairn Landscape Architects addressed the tree removal for the parking lot improvement, explained they were Raywood Ashes, and had a short life span. Their tops grew heavier than their roots causing them to fall over from heavy wind or rain. They would replace the Raywood Ash with long living, better statured trees. The Tree Commission discussed the tree removal and there was not any opposition because there was a general understanding of the problems with that species in that setting. The trees were also not doing well. The original request to remove the trees came from the Downtown Beautification Improvement ad Hoc Committee. It was the designer's opinion the trees should stay. Councilor Voisin clarified the Tree Commission had some questions regarding the tree removal. The minutes did not reflect the discussion. Ms. KenCairn went on to describe the protection measures they would use to protect the cedar tree in the Ashland City Council Meeting August 4, 2015 Page 8 of 10 Winburn Way improvement. She clarified the project did not include installing new light posts or adding drip irrigation to preexisting light posts. Allan Pardee from Covey Pardee Landscape Architects addressed the Plaza improvement project noting details were on map 1-101 in the Council agenda packet. Covey Pardee would install a 30-inch rail fence fi-om the Information Kiosk towards the upper crosswalk to protect plants from further pedestrian trampling. Councilor Rosenthal/Seffinger m/s to postpone agenda the agenda item to August 18, 2015 meeting. DISCUSSION: Councilor Rosenthal thought tree removal and improvements to the Plaza were sensitive subjects in the community. He wanted more time for Council and the public to review the projects. Councilor Seffinger wanted a field trip to the project area to understand the improvements better. Councilor Marsh would support the motion and commented on the difficulty she had reviewing the plans in the format sent to Council. Roll Call Vote: Councilor Voisin, Marsh, Rosenthal, Morris, and Seffinger, YES. Motion passed. City Administrator Dave Kanner would ensure Council received hard copies of the landscape maps and had the opportunity for field trips to the project sites. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An ordinance modifying the Verde Village Subdivision Development Agreement to allow partitioning of the property consistent with the approved phasing plan; adjusting the property lines for lots #3 - #9 and #15 - 417; modifying the approval with regard to the timing of the installation of landscaping, irrigation and open space improvements in Phase I; and modifying Exhibit E of the approved Development Agreement with amended language to condition #30 relating to the construction and timing of street improvements for Perozzi Street and Almeda Drive, and the addition of two new conditions" Mayor Stromberg and Council declared no site visits or Exparte occurred since the first reading of the ordinance. Councilor Marsh/Morris m/s to approve second reading and adopt the ordinance titled, "An Ordinance Modifying the Verde Village Subdivision Development Agreement," with the two additional conditions recommended by the Planning Commission and authorize the Mayor to sign the Fifth Amendment to the Verde Village Development Agreement. DISCUSSION: Councilor Marsh noted they were non-substantive modifications. Roll Call Vote: Councilor Rosenthal, Morris, Seffinger, Voisin, and Marsh, YES. Motion passed. Councilor Morris/Seffinger m/s to adopt the findings for Planning Action 92015-00825. Roll Call Vote: Councilor Seffinger, Morris, Marsh, Voisin, and Rosenthal, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Rail Road Property Vault Removal Issues Public Testimony David Young 747 Oak Street/Documentation from the past regarding an agreement with CH2MHill on behalf of Union Pacific Railroad (Union Pacific) indicated there was a clear sense the City supported a 20-acre cleanup using a rail spur and rail cars. The 2-acre excavation project would disrupt the neighborhood. The project would not render the property developable and seemed ill advised to cleanup two acres out of 20 when the entire site needed remediation. Cathy Shaw/886 Oak Street/if shipping the soil out by rail forced the railroad to abandon moving coal Ashland City Council Meeting August 4, 2015 Page 9 of 10 that was a win she supported. The contaminated soil would transfer from trucks to rail and then most likely would go to Utah. She thought the City would be doing Union Pacific a favor by having them build a spur line and remove the soil by rail. Once they started doing cleanup by truck, they would continue section by section using trucks. Council should encourage them to do it responsibly. The Department of Environmental Quality (DEQ) was clear that if it stayed where it was there were no health risks to anyone. The health risk would begin when they dug up the vault and soil. Overall, it was important to realize the project added to carbon emissions. City Administrator Dave Kanner did not think the City had a legal right to compel Union Pacific to use rail. That was why the 2006 action was writing a letter to DEQ expressing the City's preference for rail. DEQ may have the ability to dictate that Union Pacific use rail but the City did not. State law was clear that cities could not adopt regulations or rules of any kind that dictate to railroads how they use or operate the rails. City Attorney Dave Lohman addressed issuing or denying the permit. The City could do things to make it unpalatable and demand Union Pacific put up a significant amount of security for repairing the road. If the City showed great hesitancy, Union Pacific could walk away and come back in the future. Mayor Stromberg suggested writing a letter explaining the City had a previous plan they considered environmentally superior. Public Works Director Mike Faught explained they had already completed deflection and core testing on Oak Street. If approved, staff will measure the road before and after to determine damage and Union Pacific would restore the road to what it was prior to cleanup. Mr. Kanner added Union Pacific had issued a bond of surety to guarantee the money would be available for the road repair. The City could not deny an excavation permit on political grounds. There were other criteria in the municipal code that related to track out, land clearing, dust suppression, noise, and erosion control the City could enforce. It came back to an issue of fairness. Mr. Lohman added it was difficult for DEQ to get any cleanup activity from the railroad and they were most likely encouraged that Union Pacific offered to clean up this portion of the property. He was concerned with the City becoming a barrier between DEQ and Union Pacific. Under current DEQ rules, Union Pacific did not have to do anything and doubted a DEQ representative would come to a Council meeting to explain that. Councilor Voisin wanted Union Pacific to clean the entire site and not do it piecemeal. It needed to go out by rail. It was too much on the community to use trucks. Councilor Seffinger thought it was important to take a stand whether or not the City had power and support the community. It was a bad precedent to set and preferred writing a letter explaining why the community felt the environmental impact was so egregious. Councilor Rosenthal did not think there was a great benefit to the community to do small mitigation. It would be nice to request them do all or use rail. The City did not have a lot of say. If the City said no thank you, they would have to explain to community why it was not interested in the cleanup. The ideal was having the property be usable but the City did not own it. Councilor Voisin wanted the Council to approve the Remedial Action Work Plan and request the Mayor write a letter to DEQ highlighting the reasons the City wanted the cleanup done on rail. Councilor Marsh wanted Union Pacific to use rail for the and forward remediation plans for the entire site. Councilor Voisin/Marsh m/s request the Mayor write a letter to DEQ and cc it to Union Pacific and capture the main ideas of what Council was talking about. DISCUSSION: Ashland City Council Meeting August 4, 2015 Page 10 of 10 Councilor Seffinger/Voisin m/s to amend the motion and state ecological reasons the City would request the alternate. DISCUSSION: Mr. Kanner thought it would be helpful if Council articulated the main ideas for the letter. Staff had not studied the ecological impacts. They could copy the 2006 letter- or undertake some research to determine what the ecological impacts were. Alternately, the Mayor could draft a letter and sign it. Councilor Voisin suggested Council send their ideas to the Mayor and the City Administrator. Mr. Lohman suggested Councilor Seffinger withdraw her motion with the understanding the global motion actually covered the amendment and the Mayor and Mr. Kanner would address environmental impacts in the letter. Councilor Seffinger withdrew the amendment. Councilor Morris thought it was too global and Council needed to pick the points. The City had asked for a full site cleanup plan. If Union Pacific only cleaned up the two acres it was still of no value to the City. The rest of the site needs to be cleaned up or it cannot be used at all. Community Development Director Bill Molnar noted when the Planning Commission approved the first phase of 7-acres, they conditioned it that no future development of remaining the 20 acres or partitioning could occur until the entire site was cleaned up to residential standards. Mr. Kanner added Union Pacific could also obtain a letter of no further action from DEQ simply by cleaning up the four hot spots and not the entire site. Councilor Voisin raised a point of order. There were two minutes left to the meeting and a motion on the floor. Mayor Stromberg would draft a letter with Mr. Kanner and circulate it to Council for input. The Mayor would make the final call regarding content. Roll Call Vote on main motion: Councilor Voisin, Seffinger, Rosenthal, and Marsh, YES; Councilor Morris, No. Motion passed 4-1. Councilor Marsh received an email from the parent of one the scouts thanking the Mayor and Council for including the Boy Scout Troop in the pledge of allegiance at the start of the meeting. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:30 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor Minutes for the ad hoc AFN Governance Structure Committee July 15, 2015 Page 1 of 4 MINUTES FOR THE ad hoc AFN GOVERNANCE STRUCTURE COMMITTEE Thursday, July 15, 2015 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Pam Marsh called the meeting to order at 3:09 p.m. in the Siskiyou Room. Committee members Jim Teece, Dennis Slattery, Rich Rosenthal, and Bryan Almquist were present. Staff member Mark Holden was present. Committee members Susan Alderson, Mathew Beers, and Vicki Griesinger were absent. 2. Public Input None. 3. Review of Minutes Rosenthal/Slattery m/s to approve the minutes of July 2. Voice Vote: All Ayes. Motion passes. 4. Review of AFN Mission Statement Marsh handed out copies of the previous two mission statements. Holden stated the 2014 version came from AFN staff. He described the process by which the statement was created. Rosenthal stated he suggested this topic because the overarching discussion of the last meeting seemed to be turning toward a mission statement for clarification. He wanted to be clear that this is no criticism of the previous statements, but just a way to focus this group's outcomes. He volunteered to create a first draft of a new statement. The group agreed to this proposal. 5. Review/ Refinement of Evaluation Criteria Marsh reviewed the changes she made to the draft criteria from the last meeting in order to come up with the revised version in the packet. The group reviewed her revised criteria and made the following changes or input for clarification: Criteria #1 (Provide services that are highly reliable and customer focused): group would like to be more focused on providing excellence in service and less on the mechanisms for providing services. Criteria #2 (Unable AFN to be nimble in a competitive environment): no changes. Criteria 93 (Be governed by stable, dedicated, and knowledgeable leadership): no changes Criteria 44 (Be financially viable, able to pay offpast debt and justify new investment): remove the words, "pay off' and replace them with, "contribute to." Criteria #5 (Provide residents and existing and prospective businesses with a competitive option that is committed to community benefit): group discussed whether benefit is the right word, whether connectivity is a better term. Determined that benefit is focused on being sensitive to the needs of customers, including connectivity, education, development, etc. Rosenthal agreed to use connectivity in the mission statement, to reflect its importance. Group agreed they are okay with continuing to word-smith this criteria throughout the process. Criteria #6 (Be resistant to political change or whims): no changes. Minutes for the ad hoc AFN Governance Structure Committee July 15, 2015 Page 2 of 4 6. Initial analysis of organizational models Marsh stated she would like the group to do a "first blush" review some of the models identified as options to see how they initially rank in the criteria. All ranking on a scale of I to 5, 1 = low and 5 = high Status uo model Criteria Ranking Comments 1 2-4 Really talking about two different ratings 1 for network, 1 for staff. Overall service is improving but promotions, marketing, and negative community perception all point to a lower rating. 2 1 Could it be any higher? Teece: there is a difference between nimble and agile. The City tries to be nimble but can't with its constraints. Private companies can be selective and test markets on the down-low but government structure doesn't allow this due to public process requirements. Additional constraints determined by the group: Contract length, procurement process, public setting of rates, product development, growth, budget limits, rules vs. flexibility (municipalities make rules, businesses can make offers) 3 1-2 Council is very unlikely to be knowledgeable and frequently lacks stability due to Council member turn over. We're not poorly governed - just structured in a challenging manner. Group decided to change the wording in the criteria from, "dedicated" to "focused." Criteria now reads: Be governed by stable, focused, and knowledgeable leadership. 4 3 Group discussed the current budget and if we are growing, reducing, or maintaining the debt service payments. Holden stated that the currently goal is to maintain debt service at current level while continuing to make the investments in service improvements started in the last fiscal year. 5 3 Group discussed how many community connections/partnerships are being handled by Teece and his group, not necessarily the City. However, they acknowledge that without AFN strong broadband connectivity wouldn't be here (Charter likely would never be interested in investing in this small community without the competition AFN provided). AFN's competition is likely keeping Charter prices low throughout the valley. Having AFN is also a solid economic development tool. Group acknowledged that the system is deteriorating and without a better product the cost for services doesn't matter (this makes continuing to provide a competitive environment challenging). Holden stated that they fully understand there is a limit on capacity but that the latest projects the City has undertaken should get us closer to having a more competitive product. 6 1 No comments from the group. Minutes for the ad hoc AFN Governance Structure Committee July- 15. 2015 Page 3 of 4 Sold entire) model Criteria Rating Comments I ? There would be no control, as we don't know who would buy it, what would be offered, or even what pieces or parts of the system could be sold 2 ? Possibly more agile because no government control or rules, but no way to score this 3 5 no comments 4 ? Can't sell enough pieces or parts of the system to cover the debt but we would know and be able to budget more solidly the total loss 5 ? ? 6 5 No politics if no city control The group decided that ultimately this is a last resort option, not one that is really viable. Public Model - Advisory Commission with an Independent Contractor This model would have a dedicated commission, appointed by the Mayor, to vet all decisions, possessing a wider range of responsibilities than an average commission. The daily running of AFN would be contracted out to an independent contractor. Group discussed differences between how the Airport is currently operated, the current and previous operations of the Golf Course, and Recology as a franchise. Group decided to add in a Franchise Agreement model for consideration. Group questioned whether the ratings of this would be all fives, as that's what we're striving for. Agreed that this model would likely be a step up in terms of being more focused and knowledgeable and, if using a good independent contractor, could have higher quality control due to the terms and conditions established by contract. Criteria Rating Comments I ? Strive for a 5. _ 2 3 As long as Council has final say in contracts or budgets, this model can't be very nimble. It could be higher than the status quo as contract oversight is important to maintaining high quality. 3 4-5 4 3+ The intent is that no contract would be valued at less than the debt service and central service costs. 5 3 At least as good at the status quo - what would be the incentive for anyone to take this on? (i.e. lots of debt, very little likelihood of making a profit) The incentive would all depend on the dividing line between City responsibility and contractor responsibility. 6 3 Better than status quo but not a perfect solution (still have to go to Council for budget/contracts/price setting). Minutes for the ad hoc AFN Governance Structure Committee Jul), 15, 2015 Page 4 of 4 Public Model - Status Quo with Advisory Commission (no independent contractor) The advantage to this model rather than just status quo is the ability to appoint people who are more knowledgeable than Council may be. This model may be more nimble than status quo but not more agile. _ Criteria Rating Comments 1 2-4 Same as status quo - nothing changes 2 2-3 More nimble thinking if they can make more decisions on a smaller scale rather than all decisions needing to be at Council level. This option doesn't eliminate the need for public meetings laws (i.e. marketing and pricing decisions would still be made in public). This does gain a better knowledge base. 3 3-5 This is the purpose of having a knowledgeable commission 4 3+ More heads in the game could help, but not if everyone appointed specialized only in tech industry. Need people on the commission who also possess business and marketing savvy. 5 3+ A slight improvement on the status quo. 6 3 Insulated by one layer from Council instability. This model helps with changes due to whims but not with larger political changes. This model may help keep council members from going directly to staff. 7. Next steps/ meeting schedule At the next meeting the group will rank criteria for Franchise Agreement, Spin-off, and Utility models. The group agreed that they are starting to see the strengths and how these can evolve into the best option. Holden expressed his concern that the status quo model ranking is a current snapshot, not where he thinks is can go but all the others were reviewed as potential futures. Would like the group to consider re-evaluating status quo as to future potential at some point. Group felt it was necessary to review status quo in the present, to get a baseline for understanding the other models. The next meeting will be July 27, from 3:00 - 5:00 p.m. in the Siskiyou Room. 8. Adjournment Meeting adjourned at 4:58 p.m. Respectfully submitted, Diana Shiplet Executive Assistant ASHLAND AIRPORT COMMISSION ,r July 7, 2015 MINUTES Members Present: Bob Skinner, David Wolske, Alan DeBoer, Lincoln Zeve, William Butler, Bill Skillman and Stefani Seffinger Staff: Scott Fleury Members Absent: Susan Moen Visitors: Doug Burman CALL TO ORDER: 9:30AM 1. APPROVAL OF MINUTES: June 2, 2015 motion by Skillman for approval, second by Zeve minutes approved as written. 2. Agenda Item Addition: A discussion regarding the cell tower light on Mistletoe is added to new business item D. 3. Public Forum: Doug Burman informs Commission of some items on the website that are out of date . and links that no longer function properly. The main narrative still discusses the CAP and Sky Research which are no longer part of the airport. The Commission member names need to be reviewed and updated. As previously discussed the webcam is not operative. Staff to look into website issues. Staff has editing authority on most pages, but some pages will need to be edited by the Recorder. Commission asks the website issues be added to the action item list 4. OLD BUSINESS: A. Airport Zoning: Staff informs Commission of meeting with Molnar and Severson regarding next steps and approximate timeline for draft code release. Molnar expects to bring a draft version of the code to the August meeting for review and discussion before proceeding forward with State notification and final advisory board recommendations that should occur in September. Once the advisory boards make recommendations the code will then be presented before the Planning Commission and finally before City Council for adoption. B. FBO Lease: Staff informs Commission that Legal was on vacation for June and will try and finalize the lease documents shortly. Legal has all the information the previously asked for in order to finalize the documents including ODA's insurance requirements and Skinners insurance agents contact information. C. AIP Project: Staff informs Commission final payment to Knife River Materials has been made. The final piece of information needed is the as built topo survey for the site. Once this is complete Precision Approach Engineering can complete the closeout report and finalize the project with the FAA. Once complete staff will see FAA grant reimbursement for the project. C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW4ND5C\July 7 2015 Minutes.doc 1 D. Self Fueling Permit: The permit is in the final stages of editing. Staff needs to discuss the onsite CDL requirement with legal and Medford does not require a CDL for drivers fueling onsite and Skinner does not employ a CDL driver for his fuel trucks. If required Skinner would stop the fuel truck service which everyone believes to be a benefit to the airport. Staff to meet with Legal and discuss issues and provide update to Commission at August meeting. Staff expects to resolve issues shortly. E. Electrical Improvements: Staff goes over potential costs associated with electrical improvements to the open and closed hangars. In order to create one service unit similar to the new enclosed hangars the existing infrastructure must be removed with a new 400 amp service and breaker installed to each hangar. The Electric Department estimates the removal and installation of a new service will be around $2,500. In addition, conduit, service panels and wire will still need to be installed. The system in place only requires a tenant to purchase a $65 meter and UB will track and bill appropriately. Currently every so often an electrical audit is done to confirm the $5 surcharge to the new hangars is appropriate. Staff would prefer each owner be responsible for their own electric service. Staff has not had a chance to work with Welburn electric and the electrical inspector to determine an estimated cost for installation of conduit and a sub panel in each hangar unit. Commission would like to see this estimate next month in order to discuss whether to contribute funds towards the project. F. Budget Process Update: Staff informs Commission the new biennium budget has begun and funds are available for projects. Staff will bring a budget update back to the Commission in September that will detail the revenue generated in the last biennium along with expenses. 5. NEW BUSINESS: A. Airport Good Neighbor Items: Skinner states the FBO received a complaint regarding a motorized ultra-light recently. Skinner spoke with pilot and informed him of the vertical height requirements and how we try to keep people from flying over the City in order to maintain the good neighbor policy. Skinner called complainant back and updated them on the conversation. The complainant was understanding and appreciative of the response. B. ODA Inspection Report: Staff goes over items referenced in the ODA inspection report. Items warranting improvement or changes include, windsock replacement, segmented circle painting, return taxiway curb removal, weed spraying, sign mount replacements and tree trimming. Staff has contacted ODA about the inspection in informed them of progress and future scheduled projects. Some of the work can not occur until fall/winter due to fire season. Staff reports that new frangible signs mounts have both been installed and more ordered. Terra Surveying will perform the approach slope survey to determine if trees are encroaching and create a topping list in order for staff to obtain bids for tree topping. Staff will also ask Terra to shoot the 7:1 transitional surface and determine how much topping should occur along that surface. Any tree trimming project required can be developed for fall/winter of 2015/16. C. Signage/Security/Access: Staff informs Commission of previous security discussion at last month's meeting. There was an overall discussion about signage and site security due to random thefts of fuel and property occurring. Skinner was going to discuss signs C:\Users\shipletdWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW4ND5C\July 7 2015 Minutes.doc 2 (Security Cameras and Authorized Access Only) with Brim informing visitors of appropriate parking locations and security camera system, but has not had time as of yet. D. Cell Tower Light: Butler asks Commission if they are interested in taking up the issue of the light associated with the cell tower in Mistletoe Rd. Butler describes the airport surfaces and the location of the tower relative to the airports conical and horizontal surfaces. The FAA and ODA required the lights be installed as part of the construction application. Butler states with respect to his research the light installed is overpowered when compared to what is typically required with similar applications. Commission is not directly interested in taking up the issue, but Zeve will work with this new information as he is an affected property owner. 6. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports: Skinner states that he has been busy but no major fires to speak of. Skinner states the object free area signs have been repaired. Weeds still need to be sprayed or removed by another method and a few tie down chains still need replacement. Some of the fire extinguishers have been installed and the hangars individually numbered. Skinner would also like to see the FBO bathroom remodeled with a new floor/walls since there is money available in the current budget for projects. Staff is working on a trade services request for proposal in order to obtain handyman services to assist on these types of projects. B. Maintenance Updates: Discussed with respect to ODA report. C. Brown Bag: No update. D. Transportation Commission: No update. E. Medford Airport: No update F. Action Item List: Updated as requested. G. Airport Day/Marketing: H. Airport Users Group: OTHER: The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. NEXT MEETING DATE: August 4, 2015 beginning at 9:30 AM ADJOURN: Meeting adjourned at 10:56 AM C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HIW4ND5C\July 7 2015 Minutes.doc 3 ASHLAND HISTORIC COMMISSION Meeting Minutes July 8„ 2015 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:02 p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Mr. Skibby, Mr. Shostrom, Ms. Kencairn, Mr. Whitford, Ms. Renwick, Mr. Giordano, Mr. Ladygo Commission Members Absent: Mr. Emery (E), Mr. Swink (E) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder & Maria Harris; Clerk: ReganTrapp APPROVAL OF MINUTES: Mr. Ladygo found one correction in the minutes from June 3, 2015. Ms. Trapp made the correction. Mr. Whitford motioned to approve minutes from June 3, 2015. Mr. Ladygo seconded. No one opposed. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Carol Voisin gave the Council Liaison report. She reported that on June 30, 2015 for their special meeting, the Council approved the biennial budget. At their meeting on June 16, 2015 social service grants were allocated to 16 different agencies. TID has been cut off to 86 residents on the north end of town. The City Council passed a resolution to endorse the Cascade Siskiyou National Monument Expansion. Ms. Voisin also reported that the July 7th meeting was cancelled but that the July 20th and July 21St meetings will resume as scheduled. Mr. Skibby read aloud the procedures for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2015-01163 SUBJECT PROPERTY: 868 A Street OWNER: Linda Millemann, Steven & Harriet Saturen APPLICANT: Mark Lackey DESCRIPTION: A request for a Site Design Review to add a covered front porch to the structure at 868 A Street. The structure is a residence in the Employment (E-1) zone. In the E-1 zone, additions to existing structures are subject to Site Design Review regardless of the use of the structure. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E- 1; ASSESSOR'S MAP: 391E 09AA; TAX LOT: 6800. Ms. Harris gave the staff report for PA-2015-01163 Mr. Skibby opened the public hearing to the applicants. Mark Lackey of Integrity Building Contractors LLC, presented his project to the Commission. Mr. Skibby closed the public hearing and opened to the Commission for comments. The Historic Commission recommended approving the application as submitted subject to the specific recommendations below: 1) Delete original porch column on west side of porch, closest to the front fagade of the house. 2) Add vent in gable end of street facing elevation. 3) Add porch drains. 4) Use 1" x 3" tongue and groove floor for porch addition. 5) Retain original corbels. Ms. Kencairn motioned to approve PA-2015-0113 with above recommendations. Ms. Renwick seconded. No one opposed. PLANNING ACTION: PA-2015-00980 SUBJECT PROPERTY: 637 B St. OWNER: Larry and Deborah Lapkin APPLICANT: Coleman Creek Construction DESCRIPTION: A request for a Conditional Use Permit to modify the shape and size of an existing non-conforming garage from a shallow shed to a gable roof. The pre-existing garage does not meet current setbacks, and, is therefore a non-conforming structure which requires a conditional use permit for any modifications that change the three-dimensional shape. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09AB; TAX LOT: 3800 Ms. Renwick had ex-parte contact as she is a neighbor of the applicant. Ms. Harris gave the staff report for PA-2015-00980. Ms. Harris shared the letters submitted by neighbors. Mr. Skibby opened the public hearing to the applicants. There was no one in the audience wishing to speak. Mr. Skibby closed the public hearing and opened to the Commission for comments. After some discussion, Mr. Shostrom motioned to approve PA-2015-00980 as presented. Ms. Kencairn seconded. No one opposed. PLANNING ACTION: PA-2015-00797 SUBJECT PROPERTY: 266 Third Street OWNER/APPLICANT: Tanima Bhadra & Brandon Mathew DESCRIPTION: A request for a Conditional Use Permit to operate a four-unit Traveler's Accommodation consisting of three guest units and an owner's unit for the property located at 266- 268 Third Street. COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09AB; TAX LOT: 9500. Ms. Harris gave the staff report for PA-2015-00797. Mr. Skibby opened the public hearing to the applicants. There was no one in the audience wishing to speak. Mr. Skibby closed the public hearing and opened to the Commission for comments. The Historic Commission recommended approving the application as submitted subject to the specific recommendations below: Do not add porch rails. The existing porch with no rails is likely the original historic design and indicative of the "simple bungalow style" of the house at 266 Third Street, as described in the National Register of Historic Places documentation for the Ashland Railroad Addition Historic District. The historic design of this contributing structure is best served by the existing porch design without rails. Mr. Shostrom motioned to approve PA-2015-00797 with above recommendations. Ms. Renwick seconded. No one opposed. OLD BUSINESS: There was no old business to discuss. NEW ITEMS: A. Introduction of new staff liaison, Mark Schexnayder. B. Review Board schedule C. Project Assignments for planning actions. D. Railroad Park Tour update - Commissioner Skibby E. Election of new officers Mr. Skibby reported on the tour of Railroad district. He says he is getting quite a few interested on a weekly basis. Ms. Harris announced the start of the election for chair and vice chair positions. Mr. Giordano motioned to nominate the current members, Mr. Skibby as Chair, and Mr. Shostrom, as Vice Chair for another year. Mr. Ladygo seconded, no one opposed. DISCUSSION ITEMS: A. Butler-Perozzi Fountain - Commissioner Ladygo Mr. Ladygo gave a brief description of his time at the meeting of the Parks Commission. Mr. Ladygo recommended that they commission a survey of treatment, maintenance, and protection of the fountain. He stated that there has been no decision made as of yet. Ms. Harris said that she will find out if the Historic Commission should write a letter in support of the fountain to the Parks Commission. COMMISSION ITEMS NOT ON AGENDA: Mr. Giordano addressed the commission and shared that he was approached by someone from the Rotary that they would like someone to speak about Historic Preservation at their September meeting. This discussion has been tabled until the August meeting. Review Board Schedule Jul 9th Terry, Andrew, Allison Jul 16th Terry, Keith, Dale Jul 231d Terry, Tom, Bill Jul 30th Terry, Kerry, Sam August 6th Terry, Bill, Keith Project Assignments for Planning_ Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley _ Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St _ Whitford BD-2013-00813 374 Hargadine Swink 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 Eme PA-2015-00541 345 Lithia Way Giordano & Renwick PA-2015-00493 37 N. Main _ Skibby _ PA-2015-00878 35 S. Pioneer Ladygo PA-2015-01163 868 A' Street Kencairn _ PA-2015-00980 637 B' Street Shostrom PA-2015-00797 266 Third Ladygo ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for August 5, 2015, 6:00 pm. There being no other items to discuss, the meeting adjourned at 7:35pm Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES July 14, 2015 CALL TO ORDER Chair Melanie Mindlin 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 Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar welcomed new commissioner Roger Pearce and announced the public hearing for the Normal Neighborhood Plan has been scheduled for July 28, 2015. Commissioner Thompson provided a brief update on the Downtown Parking Management & Circulation Committee. She stated the group is working with a new consultant and they are working on defining the guiding principles that will lead to specific strategies. Ms. Thompson explained the consultant has suggested identifying who the most important users are and dividing the downtown into zones, and stated it is clear that signage needs to be improved and there is emphasis on connecting the bike path through downtown. CONSENT AGENDA A. Approval of Minutes 1. June 9, 2015 Regular Meeting. 2. June 23, 2015 Special Meeting. Commissioners Thompson/Dawkins mis to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5-0. [Commissioner Pearce abstained] PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Approval of Findings for PA-2015-00418, McNeal Pavilion. Ex Parte Contact No ex parte contact was reported. Commissioners Dawkins/Brown m/s to approve the Findings for PA-2015-00418. Voice Vote: all AYES. Motion passed 5-0. [Commissioner Pearce abstained] Ashland Planning Commission July 14, 2015 Page 1 of 5 B. Approval of Findings for PA-2015-00825, Verde Village Subdivision. Ex Parte Contact No ex parte contact was reported. Commissioners Miller/Dawkins m/s to approve the Findings for PA-2015-00825. Voice Vote: all AYES. Motion passed 5-0. [Commissioner Pearce abstained] TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00422 SUBJECT PROPERTY: 600-640-688-694-696 Tolman Creek Road, 2316 Hwy 66 APPLICANT: City of Ashland OWNERS: Independent Printing Company, Inc., IPCO Development Corp. AGENTS: CSA Planning, Ltd. DESCRIPTION: A request for Site Design Review, Exception to Street Standards, Property Line Adjustment, Limited Use PermitlWater Resource Protection Zone Reduction for Construction in the Water Resource Protection Zone, Physical & Environmental Constraints Review Permit for Floodplain Development, and Tree Removal Permit approvals to allow the construction of a new public street "Independent Way" between Washington Street and Tolman Creek Road and associated changes to the lane configuration and on-street parking on Tolman Creek Road to its intersection with Ashland Street. (The proposal also includes the review of driveway locations and associated circulation to allow the coordinated initial grading and utility installation on the adjacent private property in conjunction with the new street installation, however the development of the adjacent private properties will be subject to future Site Design Review as individual buildings are proposed.) COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E 14BA; TAX LOTS: 500, 600, 601, 700, 800, 900 and 1000. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Miller, Dawkins, Norton, Thompson, Mindlin, Brown, and Pearce declared site visits. Commissioner Dawkins stated he has spoken with the property owner but it was not regarding this planning action. Commission Mindlin stated she knows the applicant but they have not discussed this application. Staff Report Associate Planner Derek Severson provided an overview of the applicant's request, which involves the following land use approvals: 1) Site Design Review to construct a new public street between Washington St. and Tolman Creek Rd. which involves changes to circulation, adds more than 1,000 sq.ft. of impervious surface, and includes driveway locations, utilities and rough grading of private property; 2) Exception to the Street Standards because the new street is not in conformance with city street standards for a neighborhood commercial collector street; 3) Property line adjustments to reconfigure property lines without creating additional lots; 4) Limited use permits and water resource protection zone reductions because the proposal includes a public street crossing and a private drive crossing through water resource protection zones to allow for a straight curb line installation; 5) a physical and environmental constraints review permit for development on floodplain corridor lands; and 6) Tree removal permits to remove 31 trees with a diameter of six-inches or more. Mr. Severson reviewed the staff recommendations from the staff report and stated: • Staff is supportive of the proposed new street with a north side sidewalk corridor installed to city standards (six-foot sidewalk/seven-foot continuous landscape parkrow) and an exception to defer south side sidewalk corridor improvements until new development is proposed on the south side. • Staff is supportive of establishing driveway curb cuts, preliminary rough grading, and extending utility connections to anticipated building sites. • Staff is supportive of the creek crossing for the new private driveway access to the building pad at the southeast corner of the site, including the removal of Tree #13, but believes that the establishment of on-site parking and Ashland Planning Commission July 14, 2015 Page 2 of 5 circulation or additional tree removals would be better considered with site review for development of that building pad. • Staff is supportive of the water resource protection zone reduction of 124 sq.ft. to square off curb lines for the functionality and efficiency of circulation. • Staff believes there should be no tree removal, paving, curbing or retaining wall installation approved other than that associated with the new street and its creek crossing or establishing the new driveway locations until site review approval is obtained for future buildings. Questions of Staff Commissioner Thompson noted the undeveloped lot for sale on Tolman Creek Rd. She asked if staff was comfortable with removing the on-street parking at that location and questioned if this would created issues for that lot once it is developed. Mr. Severson explained that lot is owned by the applicant. He stated the elimination of the on-street parking would require more parking to be provided on the site, and stated the applicant is aware of this. When asked about the letter in the record from ODOT staff clarified that any new access into the applicant's property would necessitate the need for a center turn lane on Tolman Creek Rd. Commissioner Pearce asked staff to clarify who the applicant is and whether the residential overlay on the east side of Tolman Creek Rd. was considered during staff's review. Mr. Severson clarified the City of Ashland is the applicant but they are working in conjunction with the property owner and CSA Planning to coordinate this. He added the City's public works director went before the city council and received approval to work with the property owner to design this street. Regarding the residential overlay, Mr. Severson explained this would typically be looked at with a development proposal and less so with a street installation; and stated staff did not see anything in their request that raised any red flags. Mr. Severson clarified the grading plan included in the record shows more detail than necessary and stated this level of detail should be postponed until an actual development approval comes forward. Applicant's Presentation Jay Harland, CSA Planning and Mike Faught, City of Ashland Public Works Director addressed the commission. Mr. Harland explained this is a joint application; the property owner is interested in some development on his land and the new street installation is a very high priority project for the City and would provide needed connectivity and circulation for all modes of transportation. Mr. Harland stated the Public Works Department has done a great job of balancing the City's needs with the owner's needs and noted there have been a lot of design iterations and changes that have got them to this point. He stated they are in agreement with most of staff's recommendations, with one exception being the parkrow conversion condition. Mr. Harland stated it does not make sense to install landscaping now and tear it out later, and recommended the ultimate future use be considered. He commented on the sidewalk width on the north side of the street and explained that 12 ft. (as opposed to 13 ft.) is necessary for the grades to work with the driveways. Mr. Harland also asked that proposed condition #7 be clarified to state "Engineering station 450" instead of bridge. He clarified the onsite curbing and interior parking spaces are not proposed to be built at this time, however the retaining walls will be installed to address the grading issue and to allow for the proper water flow and curbing is proposed along the east boundary which will provide a hard edge to the water resource protection area. Regarding the timing of some of the improvements, Mr. Harland asked that the grading and underground utilities be allowed to be installed now instead of waiting for specific development proposals. Public Works Director Mike Faught stated the City has been working with the property owner on this project and clarified that this area was identified as needing a connection in the City's Transportation System Plan. He cautioned that the City's partnership with the property owner may start to fall apart if the Commission starts removing pieces that they have both already agreed to. Questions of the Applicant Several commissioners questioned what they are being asked to approve and expressed that.it was difficult to discern this on the applicant's submittals. Suggestion was made for the applicant to present revised drawings that only show what they are being asked to approve at this time. Ashland Planning Commission July 14, 2015 Page 3 of 5 Comment was made that one of the retaining walls appears to be 15 ft. to 16 ft. tall and Mr. Harland confirmed that one of the walls is 15 ft. in height. He was then asked if there are any other walls over 5 ft. tall and he said Yes. Suggestion was made for the applicant to clearly indicate the locations and heights of the proposed retaining walls. Comment was made that the applicant's materials shows the locations of buildings pads, but they are not asking for approval on these. Request was made for it to be made clear what they are seeking approval for. Recess was called at 8.• 70 p. m. and resumed at 8.• 15 p, m. Mr. Harland explained this is a large site with quite a bit happening and asked permission for the engineers and landscape architect to explain some of the details. He added they would be willing to return with simplified materials if that is the commission's preference. Mike Thornton, Thornton Engineering, explained there is a significant grade change across the site and in order to accommodate the city street and allow for development of the property there needs to be some rough grading done. He stated if they cut the road through and don't address the future development, when the lots are developed they would need to get that fill back across the road and this would negatively impact the new street. Mr. Thornton stated they are asking to do this now and move that fill before the roadway goes in. He stated they are not doing curbs at this time and the only addition to the grading is the installation of the retaining walls. He stated the tallest is 14 ft. in height and they get down to 3 ft. Mike Faught noted that performing the grading at the same time as the road installation would save the City money. Alan Pardee, Covey Pardee Landscape Architects, addressed the commission and identified on the maps where the retaining wall and curb would be located. Mr. Pardee was asked if it is possible to shift the retaining wall and save the two ponderosa pine trees. He responded that one of those trees has a significant lean to it, and stated the other tree would need to be 12 ft. from the wall in order for it to survive. He added the roots for that tree are likely well contained and it may be possible to reconfigure the wall in that location. Mr. Harland cautioned that they need to still consider the impacts to the driveway locations and how the water way will function. Several other trees on the site were mentioned and the applicant was asked to present additional information on why those removals are necessary. Commissioner Mindlin stated the application as presented is difficult to approve because it includes too much detail and there is confusion on what they are approving now versus what will occur at a later date. Comment was made that an area of disagreement seems to be the 12 ft. sidewalk and additional information was requested on why it is not feasible to build this to city standards. Clearer drawings of the locations of the parking bays, sidewalks, crosswalk, and center lane configuration were also requested. Kim Parducci, Transportation Engineer, addressed the commission clarified the sidewalk will be on the west side of the parking bays and clarified that they could look into a crosswalk at Tolman Creek Rd. Ms. Parducci commented on the center lane configuration and clarified this would happen with or without the development of this property or the connection going through and stated it will address the congestion issue on Tolman Creek Rd. She stated this is an existing issue that will just get worse with growth. Commissioner Mindlin commented that it is difficult when the applicant and planning staff don't agree and urged the applicant to speak with staff and provide a unified suggestion if at all possible. Commissioners Brown/Miller mis to continue the public hearing to the August 11, 2015 Planning Commission meeting. Voice Vote: all AYES. Motion passed unanimously. Ashland Planning Commission July 14, 2015 Page 4 of 5 ADJOURNMENT Meeting adjourned at 9:05 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission July 14, 2015 Page 5 of 5 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES July 28, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Michael Dawkins Bill Molnar, Community Development Director Melanie Mindlin Brandon Goldman, Senior Planner Haywood Norton April Lucas, Administrative Supervisor Roger Pearce Lynn Thompson Absent Members: Council Liaison: Troy J. Brown, Jr. Greg Lemhouse, absent Other: Debbie Miller was unable to participate because she lives within the project boundary. ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar noted the city commissioner thank you event scheduled for Sunday, August 30, 2015 at Oak Knoll Golf Course. He stated the City Council passed first reading of the Verde Village development agreement modifications and explained the City has requested an extension on their planning action at 380 Clay Street to explore options that would keep the tree and also allow for some development. PUBLIC FORUM No one came forward to speak. TYPE III LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2013-01858 APPLICANT: City of Ashland LOCATION: Normal Neighborhood District Boundary REQUEST: To amend the Comprehensive Plan, Comprehensive Plan Map, Transportation System Plan, and Ashland Land Use Ordinance to implement the Normal Neighborhood Plan. Staff Report Community Development Director reviewed the history of this action. He explained 14 months ago the Planning Commission forwarded a recommendation to the City Council on the adoption of a Normal Neighborhood Plan. The Council held three meetings on the issue and formed a working group to fine tune some of the details. The working group held 12 meetings and have formulated a list of plan amendments for consideration. Mr. Molnar stated there is still some confusion in the community about the plan and emphasized that this is not a request for development. He stated in the City's 1980 Comprehensive Plan this area was indentified to accommodate 500+ units, and the City's Transportation Plan from the same time showed a future north, south, east, and west connection through the area. He stated the plan presented before the commission tonight is a detailed plan that reflects the City's current standards and will be used as a guide for future development as individual property owners approach the City for annexation. Ashland Planning Commission July 28, 2015 Page 1 of 4 Senior Planner Brandon Goldman provided overview of the three proposed ordinances. Ordinance #1 amends the City's Comprehensive Plan to include a new land use designation for the Normal Neighborhood, adds the Normal Neighborhood Plan Framework as a supporting document, and adopts the Normal Plan open space map. Ordinance #2 amends the Transportation System Plan (TSP) street dedication map, planned intersection and roadway map, planned bikeway network map, and amendments the street design standards of the land use ordinance to incorporate the new shared street classification. And Ordinance #3 amends the municipal code to add a new Normal Neighborhood Special District chapter for the 94 acre area, revises existing code sections to reference the proposed Normal Neighborhood (NM) zoning classifications, and amends the neighborhood district zoning classification map. Mr. Goldman clarified that even with adoption of this plan, none of the zoning for this area changes. It is still under Jackson County's jurisdiction and property owners can still develop under county standards if they choose to do so. These standards would only come into play when an annexation into the City is proposed by the property owner. Mr. Goldman reviewed the working group's recommendations, listed in their December 2, 2014 memo to the City Council, which include: • Relocate the higher density zone to the south, nearest the rail road tracks, which would put it in closer proximity to the commercial core on Ashland St. as well as the Ashland bike path. • Maintain the option for neighborhood serving commercial. • Apply consistent zoning designations within the plan area with the zoning of adjacent land within the city limits and use zoning labels that are comparable to those used in the rest of the city while recognizing the Normal Neighborhood (NM) district. Mr. Goldman explained the proposed densities within the plan area are as follows: NN- 1-5 = 4.5 units per acre, NN-1-3.5 = 7.2 units per acre, NN-1-3.5-C - 7.2 units per acre plus mixed use, and NN-2 = 13.5 units per acre. He also provided plan comparisons by potential number of dwellings and stated under the Comprehensive Plan 536 potential units could be built, the previous draft of the Normal Neighborhood Plan allowed for 546 potential units, and the current plan would allow for 450 potential units. • Maintain the approach towards open space (approximately 25% of the total plan area) and allow non-conservation open space to be relocated or reduced through a minor amendment process. Reductions would require Department of State Lands concurrence that the area is not in a designated wetland through an approved delineation, Mr. Goldman clarified that while some wetlands may be reduced in size, much of those areas are still contained within designated floodplains or water resource protection zones and could not be reduced through an amendment process and would have to be preserved as open space. • Incorporate three vehicular connections with East Main St. and maintain the Normal Collector as designated in the draft plan, align internal streets in a grid pattern with clear east west connections, and provide pedestrian and bicycle pathways as a means to connect residents with the middle school and the existing bike path. • Add East Main St. to the TSP Street Dedication Map. Mr. Goldman stated the working group agreed that the railroad crossing improvements and improvements to East Main St. are integral and should proceed in concert with development, and asked the City to consider the formation of an advance financing district or other possible means for public investment into the needed improvements. Questions of Staff Mr. Goldman answered questions from the commissioners. He clarified: changing a neighborhood collector to a local street designation would be a major amendment; that East Main St. is under Jackson County's jurisdiction and the City would have to enter into agreement with them to change it to a city street; and that the traffic analysis did not show that a traffic light at East Main was warranted. He also provided examples of how the transfer of density provision might be used. Public Testimony Bryce Anderson/2092 Creek Dr/Submitted a letter into the record that expressed the concerns of the Meadowbrook Park Estates, Ashland Meadows, Chautauqua Trace, and East Village homeowners' associations. Mr. Anderson asked for a center turn lane on East Main St, for the entire length of East Main St. from Walker to Clay to be improved concurrently with the approval of any development in the plan area, for the bike lane and sidewalk on East Main to be separated from vehicular traffic, and for commercial development to require a conditional use permit. Ashland Planning Commission July 28, 2015 Page 2 of 4 David Hoffman/345 Scenic Dr/Asked the commission to consider climate change and Ashland's limited water resources when making this decision to add 500 more units to the city. Sabra Hoffman/345 Scenic Dr/Stated she has been impacted by the loss of TID water to her property and asked the commission consider Ashland's water supply during their discussions on the proposed plan. Sue DeMarinis/145 Normal Ave/Stated one of the wetlands has been damaged by the property owner and questioned what would happen to the connective corridors between the wetlands if applicants are able to do a minor amendment. Ms. DeMarinis remarked that the building lands inventory shows the city has enough stock to accommodate growth and questioned why the city would consider adding another 500 units. She also stated the East Main St. improvements should happen all at once and that it does not make sense to do these one section at a time. Joseph Kauth/1 Corral Ln, #13/Expressed concern with housing developments taking over the natural setting, as well as how the added houses and roads would negatively impact rising temperatures. Julie Matthews/2090 Creek Dr/Stated a property owner in the plan area has altered the flow of water across his parcel. She stated this is very unstable land to build on and stated her home is eroding underneath due to the water flows. She expressed concern with the plan's impact on wildlife and stated if you build streets next to these corridors the animals will not use them anymore. Carol Block/355 Normal Ave/Stated of the 94 acres is the plan area, 30 acres are owned by people who have no intention of annexing. She questioned if this area would be better suited for food production and questioned the impact additional housing would have on the city's water supply and waste water systems. She stated the full improvement for East Main St. needs to happen and questioned how much of these costs would be passed onto the taxpayers. She stated according to the buildable lands inventory this plan is not necessary. Deliberations and Decision Commissioner Mindlin asked the group to list the areas they wished to discuss. Density and the impact of bonuses/transfers, when and how East Main St. will get improved and how it will be funded, conservation easements and the minor amendment process, the collector road, and cluster housing were identified for discussion. Density & Density Bonuses Commissioner Dawkins commented that the proposed plan is a template of what could happen in the future and stated if the city does not adopt a plan they will have no control of what happens to this area. He added there are a lot of positive things that would happen with the city's conservation standards that would not occur if the land is developed under county standards. Commissioner Pearce stated when talking about density they need to start with the comprehensive plan. He stated change will be hard for people but the decision to develop this area was made a long time ago when the comprehensive plan was adopted and approved by the state. Commissioner Thompson concurred that they are constrained by a set of expectations that have already been enacted, but added she would like to see the open space areas remain even if they are not wetlands. Comment was made that there are still two big swatches of open space through the plan area that will remain even the wetlands shrink. Staff was asked to comment on the claim raised during public testimony regarding this land not being needed according to the buildable lands inventory. Mr. Goldman responded that at the initiation of this project in 2011 the city conducted a buildable lands inventory and found that there was a 24-year supply in the city limits and the urban growth boundary. He clarified this finding included the Normal Plan area with the potential number of dwellings allowed under the existing comprehensive plan zoning designations. Mr. Goldman briefly explained the density bonus provisions for the commission. The first provision sets a minimum density standard and states that sensitive areas do not need to be counted towards the developable area. The second provision is the maximum residential bonus permitted and establishes the maximum density allowed. Open Space Commissioner Mindlin stated one of the goals of the plan is to maintain the neighborhood character, provide a connection with nature, and protect the viewsheds, and she is having a hard time with the working group's recommendation to allow Ashland Planning Commission July 28, 2015 Page 3 of 4 open space to be removed through a minor amendment process. Mr. Goldman provided some discussion background from the working group. He stated two property owners within the plan area paid to have their wetlands delineated and it was found that the wetlands were not nearly as big as originally thought. He stated concerns were raised by those wanting to develop that the coupling of the open space requirement, affordable housing requirement, and the infrastructure costs would make it unfeasible to develop the property. The working group was not willing to consider changes to the affordable housing requirements but felt the open space component could be considered for changes. Mr. Molnar added that the major amendment provision included in the draft plan was more restrictive than the rest of the city. Commissioner Dawkins stated the working group wanted to get past whether a specific area was or was not a wetland since they tend to change and instead focused on the two distinct corridors as a starting point and wanted these to stay open space, and pursuant with the water resources ordinance no development can occur in these two corridors. Commissioner Pearce commented that if the desire is to maintain more open space, the city will likely need take more responsibility for the infrastructure costs. Suggestion was made to consider establishing criteria for this amendment provision. Mr. Goldman noted that under the minor amendment process the applicant must still show that the change furthers the purpose of the plan. He stated the greenway and open space statements are included page 13 of the framework. Comment was made that having this language embedded in the code would be clearer and make a stronger statement of the intent. Commissioners Thompson/Pearce motion to continue meeting past 9:30 p.m. Voice Vote: a#AYES. Motion passed. Commissioner Mindlin stated she does not expect the commission to complete this action this evening. Commissioner Thompson agreed and stated she is reluctant to propose a motion without thinking through all the implications. Mindlin recommended the commission focus their remaining time on areas where staff might be asked to bring back additional information. Cluster Housing Commissioner Mindlin stated she wants to make sure cluster housing is a success and is pleased it is included in this plan. She asked if it could be extended to the NN-1.5 zoning designation and noted it is currently only listed as permissible in NN- 1-3.5 and NN-2. Staff indicated they do not believe there is any impediment to extending cluster housing to the NN-1.5 zone and were asked to prepare draft code language for consideration. Alleys/Lanes Commissioner Mindlin stated the framework document still states that the use of alleys/lanes reduces paved surfaces and stated the commission had previously agreed to remove this statement. Transfer of framework language into the standards Commissioner Mindlin voiced her support for the language on page 10 of the framework document and questioned if this should be included in the development standards. Mr. Goldman clarified this was included in the framework and omitted from the standards by design. He stated it is intended to provide developers with a summary of components that would address the council goals and is meant to provide developers with a list of possibilities instead of a strict set of standards. Mr. Molnar added the framework is a guiding document that will be used by the city council at the time of an annexation and applicants will need to show how their request meets city goals. Street Designations Commissioner Norton suggested staff look at whether Normal Avenue should be classified a local street instead of a collector. Commissioner Pearce suggested the current shared street language may constrict them too much. Fencing Commissioner Mindlin suggested staff look into whether the framework document should include language that states open spaces shall not be screened from view. ADJOURNMENT Meeting adjourned at 10:10 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission July 28, 2015 Page 4 of 4 CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Class-Special Procurement - Portland Engineering FROM David Gies, Wastewater & Water Reuse Supervisor -iesd &ashland.or.us SUMMARY This Class-Special Procurement (sourcing method) is being used to seek an exemption from the competitive bid process, which will allow the City's Wastewater Treatment Plant to directly award contracts to Portland Engineering for repairs and maintenance, including technical support and consulting services, for the WWTP SCADA system and any related equipment. Portland Engineering has extensive knowledge and experience building and maintaining the WWTP SCADA systems and the supporting software and hardware. It is in the City's best interest to have Portland Engineering continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage. This Class-Special Procurement will expire on June 30, 2021. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed special procurement, approval request form is attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Seated Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. COUNCIL GOALS SUPPORTED: None. FISCAL IMPLICATIONS: WWTP has budgeted $50,000.00 for the current biennium. Future costs will be subject to funds budgeted and/or the need for these services Page I of 2 CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Class-Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the class - special procurement with Portland Engineering for repairs and maintenance, including technical support and consulting services, for the W WTP SCADA system and any related equipment. ATTACHMENTS: Form #9, Special Procurement, Request for Approval Page 2 of 2 Imo, CITY OF FORM #9 'AS H LAN D SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: David Gies, Wastewater & Water Reuse Supervisor Date: August 18, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works Department, Wastewater Treatment Plant 2. Department Contact Name: David Gies 3. Type of Request: X Class Special Procurement Contract-specific Special Procueement 4. Time Period Requested: From: Upon approval To: June 30, 2021 5. Total Estimated Cost: WWTP has budgeted $50.000 for the current biennium. Future costs will be dependent on funds budgeted and/or the need for services. 6. Short title of the Procurement: Computer Soffivare & SCADA Support Programmer Supplies and/or Services or class of Supplies and/or Services to be acquired: The services of a highly skilled specialized and technical programmer are required at the WWTP to provide computer and SCADA programming troubleshooting and repair services. These services are currently provided by Portland Engineering for the W WTP. These services are required at the W WTP to support the SCADA (Supervisory Control and Data Acquisition) System which is a very unique and complicated system that controls most of the W WTP. The intended services will be utilized for recurring emergency and/ or on as needed basis to support the complex systems at WWTP. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 8/11/2015 Background: After an extensive RFQ process Portland Engineering was awarded a contract to oversee the WWTP SCADA system upgrade For more information please refer to the March 4, 2014 council communication. Proposed procedure: Direct Award 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Portland Engineering has has provided consulting, services technical support, and performed repairs and maintenance for the W WTP SCADA system and related equipment. Portland Engineering has extensive knowledge and experience building and maintaining the WWTP SCADA systems and the supporting software and hardware It is in the City's best interest to have Portland Engineering continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage Another reason that supports the need for this level of service is if the systems were to go off line. Going off=line could mean the plant will not run properly, pumps might not go on and off, excessive water could run into Ashland Creek or another issue and/or problem could occur. Any one of these issues and/or problems could cause the WWTP not to meet the permit limits and therefore could result in costly fines to the city. Therefore it is imperative that a potential issue and/ or problem receive immediate attention and be resolved in a manner that will keep the W WTP operating in a manner that meets or exceeds the requirements of any and all associated permits Staff highly recommends having the flexibility to directly award contracts for highly specialized computer programming services in order to ensure the systems continually operate (24/7) in a manner that meets or exceeds the system requirements 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Due to the highly specialized and technical nature of the computer programming services and their required 24/7 availability for the W WTP it is highly unlikely that there will be any concern regarding favoritism or diminished competition (Please provide specific information that demonstrates hoxv the proposed Special Procurement meets this requirement.); X (b) (i) will result in substantial cost savings to the contracting agency or to the public because: The additional cost and labor associated with locating and/or training another potential individual and/oOr firm could be costly with no guarantee that the services to be provided would meet and/or exceed the current level of services being provided now. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b) (ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: It is imperative that the City maintain the W WTP's system 24/7 in a manner that meets and/or exceeds the system and permit requirements specific to the plant Therefore it is most definitely in the City's best interest to contract with highly specialized and technical computer programmers with an existing working knowledge and understanding of the W WTP existing SCADA System and supporting hardware. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 8/11/2015 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's wcbsite to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us 11i approved b} Council. August 19.2015t PUBLIC NOTICE Approval of a Special Procurement First date of publication: 0 Fapproved by Council. August 19, 2015) A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on (►f approved. August 18.2015). This Class-Special Procurement (sourcing method) is being used to seek an exemption from the competitive bid process, which will allow the City's Wastewater Treatment Plant to directly award contracts to Portland Engineering for repairs and maintenance, including technical support and consulting services, for the WWTP SCADA system and any related equipment. Portland Engineering has extensive knowledge and experience building and maintaining the WWTP SCADA systems and the supporting software and hardware. It is in the City's best interest to have Portland Engineering continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, David Gies, Wastewater Plant Supervisor, 90 North Mountain Ashland, OR. 97520. The seven (7) protest period will expire at 5:00pm on (If posted August 19, 2015. the expiration date will be August 26, 2015). This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3, 8/11/2015 CITY OF -ASHLAND Council Communication August 18, 2015, Business Meeting Approval of an Intergovernmental Agreement with the Oregon Department of Transportation for Accessible Ramp Improvements FROM: Scott Fleury, Engineering Services Manager, Public Works, fleurys@ashland.or.us SUMMARY This item is for approval of an Intergovernmental Agreement (IGA) with the Oregon Department of Transportation (ODOT) for managing the engineering and construction of Americans with Disabilities Act (ADA) sidewalk access ramps within the downtown corridor. BACKGROUND AND POLICY IMPLICATIONS: As proposed by the IGA, the State will fund the engineering and construction, up to $88,950, for ramp improvements along ODOT's right of way within the downtown corridor. The locations for improvement are referenced in exhibit A of the IGA. The City would be required to provide any additional funds over the IGA amount in order to complete the whole project, or choose to do fewer total ramp improvements to stay within the IGA funding allocation. As required by the IGA, the ramps must be engineered to meet all current ADA regulations and the final design must be approved by ODOT. Once ODOT approves of the designs the project can be publicly bid and constructed. The IGA terminates on December 31, 2016. If approved, engineering staff will work to obtain an engineering consultant to perform design and surveying work in order to construct and complete the project by winter of 2016. COUNCIL GOALS SUPPORTED: 13. Develop and support land use and transportation policies to achieve sustainable development. 13.3 Support alternative transportation choices. FISCAL IMPLICATIONS: The City would only be financially obligated for project management staff time and any amount over the IGA award necessary to construct the complete improvement. Staff believes if additional City funds are available, a fiscal obligation over the IGA amount would be warranted due to the pedestrian enhancements created in the downtown corridor. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving the IGA for ramp improvements. SUGGESTED MOTION: Move to approve IGA No. 30685 with ODOT for ADA ramp improvements. Page I of 2 CITY OF -ASH LAN D ATTACHMENTS: IGA No. 30658 for ADA Improvements Page 2 of 2 ~r, Misc. Contracts and Agreements No. 30658 INTERGOVERNMENTAL PROJECT AGREEMENT Ashland ADA Ramp Improvements 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. Portions of the Rogue Valley Highway, Oregon Route 99 (OR 99), are a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Oak Street, Pioneer Avenue, First Street, Second Street, Third Street, Gresham Street and portions of the Rogue Valley Highway (OR 99) also known as Lithia Way and Main Street are parts of the city street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies may enter into agreements with units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. 3. State established an Americans with Disability Act (ADA) Ramp Funding Program in the Statewide Transportation Improvement Program (STIP). ADA ramps are funded at $1,000,000 per year for fiscal years 16, 17 and 18. The strategy for using these funds is to install new ADA ramps where needed and upgrade existing ramps that do not meet current ADA standards in special transportation areas. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to Agency designing and constructing ADA ramp improvements at various locations, hereinafter referred to as "Project." The locations of the Project are listed on the spreadsheet marked Exhibit A, attached hereto and by this reference made a part hereof. 2. Agency has determined that the total cost of the Project is estimated to be $88,950. State shall fund the Project in an amount not to exceed $88,950. Agency shall be responsible for any portion of the Project which is not covered by State funding. 3. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate on December 31, 2016, on which date this Agreement automatically terminates unless extended by a fully executed amendment. 06-12-15 Agency/State Agreement No. 30658 AGENCY OBLIGATIONS 1. Agency shall notify State when it is prepared to proceed with the development of Project to initiate State's one hundred (100) percent advanced deposit, as listed under State Obligations, Paragraph 4. 2. Agency understands and agrees that the funding may not allow for improvements to be made at all the locations listed in Exhibit A. Agency shall select which locations will be improved in order to make the most efficient use of the funding with regards to ADA ramp improvements. 3. Agency shall conduct the necessary field surveys, prepare plans and contract documents, advertise for bid proposals, award all contracts, and supervise construction of the Project. 4. Agency shall obtain a miscellaneous permit to occupy State right of way through the State District 8 Office prior to the commencement of construction. 5. Agency shall submit a copy of the plans and specifications to State through the State's Project Manager for review and concurrence prior to advertising for a construction contract or, if Agency forces will perform the construction work, prior to construction. Concurrence must be received from both State's District 8 Office and State's Project Manager prior to proceeding with the Project. The Project design, signing, and marking shall be in conformance with the current Oregon Bicycle and Pedestrian Design Guide and shall comply with the most current ADA guidelines. 6. Agency shall not award a construction contract until State's District 8 representative has reviewed and approved the low bidder's proposal and costs. 7. Agency shall, upon completion of Project, submit to State's Project Manager an itemized statement of the final actual total cost of the Project. 8. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 27913.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 9. Agency shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from State. 2 Agency/State Agreement No. 30658 10. If Agency enters into a construction contract for performance of work on the Project, then Agency will require its contractor to provide the following: a. Contractor shall indemnify, defend and hold harmless State from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under the resulting contract. b. Contractor and Agency shall name State as a third party beneficiary of the resulting contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to State. This insurance will include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage will be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence will not be less than $ 1,000,000 for each job site or location. Each annual aggregate limit will not be less than $ 2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial Business Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence will not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the resulting contract will include State and its divisions, officers and employees as Additional Insured but only with respect to Contractor's activities to be performed under the resulting contract. Coverage will be primary and non-contributory with any other insurance and self-insurance. f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written notice from Contractor or its insurer(s) to State. Any failure to comply with the reporting provisions of this clause will constitute a material breach of the resulting contract and will be grounds for immediate termination of the resulting contract and this Agreement. 11. Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and its officers, employees and agents from and against 3 Agency/State Agreement No. 30658 any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the Parties that the State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the State, be indemnified by the contractor and subcontractor from and against any and all Claims. 12. Any such indemnification shall also provide that neither the Agency's contractor and subcontractor nor any attorney engaged by Agency's contractor and subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense. 13. Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement, including but not limited to, retirement system contributions, workers compensation, unemployment taxes, and state and federal withholdings. 14.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. 15. Agency shall, upon completion of Project, maintain the Project at its own cost and expense, and in a manner satisfactory to State. 16. 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. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 17.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, 4 Agency/State Agreement No. 30658 under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 18. Agency's Project Manager for this Project is Mike Faught, Public Works Director, 20 East Main Street, Ashland, OR 97520, 541-552-2411, faughtm@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 grants authority to Agency to enter upon State right of way for the construction of this Project as provided for in miscellaneous permit to be issued by State District 8 Office. 2. State's local District Office and Project Manager shall review and must concur in the plans prepared by Agency before the Project is advertised for a construction contract or before construction begins if Agency forces shall perform the work. 3. Upon notification from Agency, State shall conduct or assist Agency with final technical inspection of the completed Project. 4. Upon receipt of notification that the Agency is prepared to proceed with the development of Project, State shall deposit with Agency the sum of $88,950 in state funds, such amount being equal to one hundred (100) percent of the State's share of the estimated Project costs. Should final Project costs exceed the original estimate, extra costs shall be borne by Agency; the maximum amount of State involvement is $88,950. 5. 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 current biennial budget. 6. State's Project Manager for this Project is Kelli Sparkman, Local Agency Liaison, 100 Antelope Road, White City, OR 97503, 541-774-6383, kelli.sparkman@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 written consent of both Parties. 2. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions. a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. 5 Agency/State Agreement No. 30658 b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. If any funds are remaining from the advance deposit, they shall be refunded to State. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and 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 Agency/State Agreement No. 30658 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary State 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 a Party to enforce any provision of this Agreement shall not constitute a waiver by a Party 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. 7 Agency/State Agreement No. 30658 CITY OF ASHLAND, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Region 3 Manager Date Date By Date APPROVAL RECOMMENDED APPROVED AS TO LEGAL By SUFFICIENCY (If required in Agency District 8 Manager process) Date By Agency Counsel Date Aaency Contact: Mike Faught Public Works Director 20 East Main Street Ashland, OR 97520 541-552-2411 faughtm@ashland.or.us State Contact: Kelli Sparkman Local Agency Liaison 100 Antelope Road White City, OR 97503 541-774-6383 Kelli.sparkman@odot.state.or.us 8 Agency/State Agreement No. 30658 EXHIBIT A CITY HIGHWAY HWY NAME MILEPOINT CROSS STREET ASHLAND 063 OR 99 LITHIA WAY 19.17 OAK ST. ASHLAND 063 OR 99 LITHIA WAY 19.21 PIONEER AVE. ASHLAND 063 OR 99 LITHIA WAY 19.32 FIRST ST. ASHLAND 063 OR 99 LITHIA WAY 19.37 N SECOND ST. ASHLAND 063 OR 99 LITHIA WAY 19.45 3RD ST ASHLAND 063 OR 99 MAIN ST. 19.19 OAK ST. ASHLAND 063 OR 99 MAIN ST. 19.23 PIONEER ST. ASHLAND 063 OR 99 MAIN ST. 19.32 FIRST ST. ASHLAND 063 OR 99 MAIN ST. 19.40 2ND ST. ASHLAND 063 OR 99 MAIN ST. 19.46 GRESHAM ST. 9 CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Approval of an Intergovernmental Agreement with Rogue Valley Council of Governments and the Designated Management Agencies FROM: Scott Fleury, engineering services manager, public works department, fleury@ashland.or.us SUMMARY This item is for approval of an Intergovernmental Agreement (IGA) under which the Rogue Valley Council of Governments (RVCOG) will conduct in stream water quality monitoring as required for the Bear Creek Non-point Pollution Total Maximum Daily Load (TMDL) in order to meet the requirements of the U.S. Clean Water Act. BACKGROUND AND POLICY IMPLICATIONS: The IGA is entered into annually by the Designated Management Agencies (DMAs): cities of Ashland, Medford, Phoenix, Jacksonville, Talent and Central Point, as well as Jackson County, the Oregon Department of Agriculture, and the Oregon State Department of Forestry. Under the terms of the agreement, RVCOG administers and manages the implementation of a water quality testing program which targets the identification of non-point source pollution problems within the Bear Creek Watershed. Specifically, RVCOG samples storm drain effluent from three storm drain outfalls within the City of Ashland, in addition to testing Ashland Creek below the wastewater treatment plant. Data collected from the samples include temperature, conductivity, E. coli, pH, turbidity, total suspended solids (TSS), dissolved oxygen (DO), ammonia and total phosphate. RVCOG prepares final reports that are submitted to the DMAs and DEQ to meet non-point source obligations. As a DMA, the City of Ashland is required to adhere to the implementation and compliance schedule that has been set forth as a directive, by the DEQ, to correct non-point source pollution issues. FISCAL IMPLICATIONS: The cost of the IGA has been appropriated within the current biennium budget and remains the same as last year at $11,825.53 to include: storm drain testing fees, monitoring, implementation, time & materials, and regional management fees. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City enter into an agreement by and between RVCOG collectively with the other partnering agencies. RVCOG will conduct water quality monitoring that will result in assisting all DMAs with the compliance of the schedule set forth by DEQ. Page 1 of 2 1r, CITY OF -ASHLAND In addition, staff recommends the City Council delegate the City Administrator authority to sign similar future IGAs following AMC 2.28.045. AMC 2.28.045 1. State or local law does not require a public hearing before the governing body, and 2. The terms of the intergovernmental agreement will remain the same, or be modified in accordance with the agreement, and 3. The renewal is approved by the City Attorney and the department head that is affected by the renewal. SUGGESTED MOTION: I move to approve the IGA between the City and RVCOG, collectively with the partnering agencies. I move to approve that the City Administrator be granted authorization to sign this agreement and future annual agreements, as long as AMC 2.28.045 is satisfied. ATTACHMENTS: IGA with RVCOG Page 2 of 2 INTERAGENCY COOPERATIVE FUNDING AGREEMENT FOR A BEAR CREEK WATERSHED NON-POINT SOURCE POLLUTION (TMDL) MONITORING AND IMPLEMENTATION PROJECT July 1, 2015 THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF GOVERNMENTS, a voluntary intergovernmental association, hereinafter referred to as RVCOG, and the following state and local agencies: City of Ashland, City of Central Point, City of Jacksonville, City of Medford, City of Phoenix, City of Talent, Jackson County, Oregon State Department of Agriculture, and the Oregon State Department of Forestry hereinafter referred to collectively as the Designated Management Agencies (DMAs). All participants included in this agreement are hereinafter referred to collectively as the PARTIES, WITNESSETH THAT: WHEREAS, the DMAs have been placed under an Implementation and Compliance Schedule by the Oregon State Department of Environmental Quality which directs that they correct non-point source pollution problems in the Bear Creek Watershed in order to meet the requirements of the U.S. Clean Water Act; and WHEREAS, the Department of Environmental Quality's directive includes requirements that the DMAs work collectively by using a watershed approach to resolve the non-point source pollution problems within the Bear Creek Watershed; and WHEREAS, the DMAs have agreed to collectively employ the RVCOG to administer and manage the implementation of a TMDL Program including water quality testing which targets the identification of and reduction in non-point pollution within the Bear Creek watershed. NOW THEREFORE, for and in consideration of the terms, conditions, stipulations and covenants herein contained, the PARTIES do mutually agree as follows: A. TIME OF PERFORMANCE This agreement shall take effect on July 1, 2015 and terminates on June 30, 2016. At that time, pending available funding and a finding of continuing need, this agreement may be amended, terminated or extended per Section "E" below. B. DMAs RESPONSIBILITIES 1. Each DMA will make payment to the RVCOG not to exceed the amount allocated in the Total Cost column (Table I below). 2. Each DMA will make payment u1 full for 100% of the amount shown in the Total Cost column as designated for their jurisdiction (Table 1 below). Total payment should be received by RVCOG prior to September 30th 2015 unless other arrangements are made prior to that date. 3. Each DMA will support the RVCOG in its administration and management of the Bear Creek Non-point Pollution (TMDL) Sampling Project by providing advisory and technical information concerning their jurisdictional area and in developing/establishing watershed based policy decisions. 4. Each DMA will send an authorized representative to the RVCOG regularly scheduled meetings to discuss the progress and the needs of the TMDL program. In addition, each DMA will send a representative to any additional meetings deemed necessary by the TMDL Committee. 1 5. The participation of the DMAs in this program does not negate their individual responsibilities under the TMDL program. Rather this program is designed to assist the DMAs to meet their individual responsibilities. Table 1 Year 2015-2016 Budget for the TMDL Monitoring and Implementation Program DMA 2015/16 Storm 2015/16 Other 2015/16 2015/16 Total Cost Drain2 Monitoring/ Implementation Implementation/ (Regional Personnel/ Materials Management) Ashland $1,463.63 $4,341.45 $6,020.45 $11,825.53 Central Point $976.44 $3,605.00 $0.00 $4,581.44 Jacksonville $976.44 $2,936.53 $4,066.80 $7,979.77 Medford $ [,951.85 $8,067.99 $10,366.34 $20,386.18 Phoenix $976.44 $3,035.41 $4,146.54 $8,158.39 Talent $976.44 $2,873.70 $3,987.06 $7,837.20 Jackson $0.00 $6,318.02 $0.00 $6,318.02 County2 Dept. of $0.00 $1,000.00 $0.00 $1,000.00 Agriculture Dept. of $0.00 $0.00 $0.00 $0.00 Forestry Totals $7,321.24 $32,178.10 $28,587.19 $68,086.53 Central Point's Public Works Department is implementing Central Point's plan. Additional assistance will be on an as-needed basis. Central Point will participate in, support, and promote ongoing regional efforts. 2 Cost based on $488.22 per stonn drain tested. C. RVCOG RESPONSIBILITIES 1. RVCOG will receive, administer, and expend funds to hire and supervise the number of individual(s) necessary to complete the project as described in Attachment A to this document. 2. RVCOG will be responsible for daily administration and oversight of the project. 3. RVCOG will complete the work program as described in Attachment A to the satisfaction of the DMAs. 4. RVCOG will provide periodic written reports. 5. RVCOG will be granted ownership of all equipment purchased under this agreement but will make the equipment available to the DMAs on an as-available, on-going basis upon request of individual DMAs. 6. RVCOG will notify the DMAs of any problems occurring with the project which require departure from the work program described in Attachment A; this notification will allow the PARTIES to cooperate 2 in addressing how any necessary changes will be made. 7. RVCOG will develop a quality assurance program with DEQ. D. PROJECT COORDINATORS 1. Administration of this agreement for the DMAs shall be accomplished by: • Dr. Ray Jaindl, Oregon Department of Agriculture, 635 Capitol St., N.E., Salem, Oregon, 97301- 5232. Phone: 986-4713. • Greg Alexander, Department of Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502. Phone: 541-664-3328. • Pieter Smeenk, Senior Engineer, City of Ashland, 20 East Main St., Ashland, Oregon, 97520. Phone: 541-552-2413. • Kevin Caldwell, Public Works Superintendent, City of Phoenix, PO Box 330, Phoenix, Oregon, 97535. Phone: 541-535-2236 x 101. • lac Moody, Community Development Director, city of Talent, P.O. Box 445, "talent, Oregon, 97540. Phone: 541-535-7401 ext. 1010. • Mike Ono, GIS/Engineering Tech 11, CFM, Public Works Department, City of Central Point, 140 So. 3rd St., Central Point, Oregon, 97502. Phone: 541-664-3321, ext. 243. • Jeff Alvis, Public Works Director, City of Jacksonville, 110 East Main Street, P.O. Box 7, Jacksonville, Oregon, 97530. Phone: 541-899-1231. • Roger Thom, Utilities Engineer, City of Medford, 200 South Ivy Street, Medford, Oregon, 97501. Phone: 541-774-2100. • Kelly Madding, Development Services Director, Jackson County, 10 South Oakdale, Room 100, Medford, Oregon, 97501. Phone: 541-774-6519. 2. Administration of this agreement for RVCOG shall be accomplished by: • Greg Stabach, Natural Resources Coordinator, Rogue Valley Council of Governments, PO Box 3275, Central Pohlt, Oregon, 97502. Phone: 541-423-1370. E. AMENDMENTS AND TERMINATION 1. AMENDMENTS - Amendments or changes to the provisions of this contract in whole, or in part, shall be reduced to writing and signed by the appropriate PARTIES. Unless amended in this way, this document constitutes the entire agreement between the PARTIES. 2. EFFECTIVE DATE and DURATION - The passage of the contract expiration date (as given in Section A) shall not extinguish or prejudice the RVCOG's, or a DMA's, right to enforce this contract with respect to any default or defect in performance that has not been cured. 3. TERMINATION - (a) Any DMA may terminate their contractual involvement with the RVCOG upon 30 days' notice in writing and delivered by certified mail, or in person. Any such termination of this contract shall be without prejudice to any obligations or liabilities of either party already accrued prior to such terminations. (b) Any DMA may terminate the whole, or any part, of this agreement with RVCOG by written notice of default: (i) If RVCOG fails to provide services called for by this contract within the time specified herein or any extension thereof, or (ii) If RVCOG fails to perform any of the other provisions of this contract or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice fails to correct such failures within 10 days, or such longer period as may be authorized. The rights and remedies of any DMA provided in the above clause related to defaults (including breach of contract) by RVCOG shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 4. ACCESS TO RECORDS - The DMAs and their duly authorized representatives shall have access to the books, documents, papers, and records of RVCOG which are directly pertinent to the specific contract for the purpose of making audits, examinations, excerpts and transcripts. 3 5. EQUIPMENT OWNERSHIP - Upon termination of this agreement all property or equipment purchased under this agreement will become the sole possession of the RVCOG. 6. CONDITIONS OF FINANCIAL NON-PARTICIPATION - The costs shown in Table 1 are allocated by DMA based upon the receipt of full funding provided by all DMAs listed. In the event that a DMA decides not to participate and full funding for the program is not realized, the agreement will need to be amended as per Section E(1) above. RVCOG reserves the right to terminate this contract in whole or in part, upon 30 days' notice in writing and delivered by certified mail, or in person. F. PAYMENTS 1. The DMAs certify that the funds required by their commitment under this agreement are available until June 30, 2016 at the time of the signing of this agreement. 2. The DMAs will make payment not to exceed the Total Cost column in Table 1 above as indicated for each respective DMA and noted in Section B(1) above. The payment schedule will be made in accordance with Section B(2) above. 3. Unless amended otherwise in writing, no other obligations for payments from the DM As to RVCOG are stated or implied under this agreement. G. REPORTS and RECORDS 1. RVCOG will provide the DMAs with a copy of all documents, studies, reports, and materials developed under this agreement. H. INDEMNIFICATION 1. Subject to the Iunitations and conditions of the Oregon Tort Claims Act, ORS 30.260-300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the PARTIES agree to save, hold harmless and indemnify each other, including their officers, agents and employees, from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities of the other party in connection with this Agreement. Neither party shall be liable for any loss, damage, injury, claim or demand against each other arising from their respective activities in connection with this Agreement, except as otherwise expressly set forth herein. 2. RVCOG shall comply with all federal, state, and local laws and ordinances applicable to the work under this contract. 1. MERGER CLAUSE This contract and attached exhibits constitute the entire agreement between the PARTIES. No waiver, consent, modification or change of terms of this contract shall bind either party unless put in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this contract. 4 ATTACHMENT A - Work Detail 1. MONITORING - LOCATIONS 1. In this study RVCOG will conduct instream water quality monitoring at the following sites contingent upon being able to access the sites: * Bear Creek (I I sites) at: S. Valley View Road, Lynn Newbry Park, Fern Valley Road, Ninth Street, Pine Street, Kirtland Road, along the Greenway (in Talent, Phoenix, and Central Point), in Medford near 1-5, and at Table Rock Road. * Other Creeks: Neil Creek at Dead Indian Road, Ashland Creek below the Wastewater Treatment Plant, Griffin Creek at I-5, Jackson Creek at Blackwell Road, Walker Creek at Dead Indian Road, Emigrant Creek at Mouth, Neil Creek at Mouth, Ashland Creek at Granite Street, Griffin Creek at Beall Lane, Jackson Creek at Highway 238, and Jackson Creek at Jacksonville. * The Irrigation Diversions for the Talent and Medford Irrigation Districts. 2. The total number of projected samples collected the TMDL Effectiveness monitoring run is detailed below. The number of samples will vary per season for some parameters (e.g., Phosphorus-see sampling frequency below) and flow levels in the streams and canals. The number of samples will be reviewed as needed with changes made only through agreement of all the PARTIES. • Phosphorus - 22 • Ammonia - 2 • E. coli - 24 • Turbidity, pH, and conductivity - 24 • Macroinvertebrates 10 • Temperature - 24 spot samples, number of continuous stations will vary based on equipment purchased/available. 3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit any unusual high readings of the parameters being measured or following report of concerns. The purpose of the "hot spot" monitoring will be limited to identifying the general location of the source of pollution contamination only. The appropriate DMA will be notified of the problem and its general location in order to take action to correct the contributing problem. 4. This program will also include the monitoring of storm drains. The numbers of sites per DMA are as follows: City of Ashland (3), City of Central Point (2), City of Jacksonville (2), City of Medford (4), City of Phoenix (2), and City of Talent (2). Some locations are currently being changed, but the number of sites per city is the same. Exact locations of sites will be detennined between each DMA and RVCOG. The scope of this contract agreement does not include follow-up monitoring for identified problems. Any additional monitoring by RVCOG will need to be negotiated on a case by case basis. II. MONITORING - SAMPLING FREQUENCY 1. Sampling will be performed monthly at the sites for E. coli, pH, conductivity, and turbidity. The total dumber of sampling runs under this contract will be 12. 2. Sampling will be performed for phosphorus monthly from May through October at sites EI-1316, E18 or E 19 (depending on flow), and E20-E24. Total ntunber of sampling runs will be 6. 3. "Hot Spot" monitoring will occur on an as needed basis. 4. The Storm Drain monitoring program will visit each sample collection site a maximum of 3 times and samples will be collected if effluent is flowing from the site. The first samples will be taken 5 during dry weather flows before the fast rains of the season. The second set of samples will be collected soon after the fast storm event of the season that creates surface runoff and the third sample will be taken approximately 60 days after sample number two. 111. MONITORING - PARAMETERS SAMPLED 1. Sites will be analyzed for E. coli, pH, conductivity, temperature, and turbidity. 2. Sampling will be performed for phosphorus monthly from May through October at sites El -El 6., E18 or E19 (depending on flow), and E20-E24. 3. Storm Drain monitoring program will sample and analyze for total phosphate, BOD5, pH, conductivity, temperature, turbidity, and F. coli. Where practical, flow will be estimated at each site. IV. MONITORING -METHODS 1. The sampling and testing procedures used will be approved by the Department of Environmental Quality. The program will operate under a QA/QC program in collaboration with the DEQ and the results from the program will meet or exceed the requirements of the DEQ. The equipment used in the testing of these parameters has been received under a DEQ grant and approved by DEQ. The lab used for analysis will be provided by the City of Medford Wastewater Treatment Laboratory. This contract is conditional upon the availabilit , o this lab. 2. The general analysis methods that will be employed are: * Temperature - measured by meter, calibrated thermometers and/or continuous instream recorders. * Conductivity - measured by conductivity meter. * E. coli testing will be made with the Colilert system * pH - measured by pH meter. * Turbidity - using calibrated turbidity meter. * Ammonia - phenate method with final concentration determined using spectrophotometer. * Phosphorous - modified ascorbic acid method with final concentration determined using a spectrophotometer * BOD5 - 5 day incubation at 68F using Poly Seed innoculum as described in Standard Methods * Flow - determined using calibrated staff gauges placed in the stream bed or by use of a calibrated collection device in the case of storm drain sampling. V. MONITORING - QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) 1. QA/QC samples will be collected per the QA/QC plan which details internal measures (duplicates) and external measures (splits with DEQ staff). V1. IMPLEMENTATION 1. Serve as the Regional Manager for implementation portions of the TMDL Implementation Matrix. 2. Implement portions of the TMDL Matrix on a regional basis including, but not limited to, coordination of the Quarterly TMDL Meetings, participating in water quality events, providing technical assistance and resources to restore and protect riparian areas, tracking implementation activities, completing the matrix summarizing regional manager activities, education and outreach activities, providing copies of TMDL deliverables for submittal with reports as needed, and coordinating other implementation actions. VII. REPORTS 1. Reporting will be done in three formats. First, ongoing meetings (approximately quarterly) will occur with the DMAs, DEQ, and RVCOG. Second, ongoing technical meetings will be performed in conjunction with DEQ. Third, reports will be provided as per Section C(4), RVCOG RESPONSIBILITIES. 6 IN WITNESS WHEREOF, RVCOG AND CITY have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: PARTIES TO THE AGREEMENT Michael Cavallaro, Executive Director Date Rogue Valley Council of Governments City of Ashland Representative Date AF' VEO 'ORM As Ian ty Attomey . Dat 7-23-tS 7 CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Approval of an Intergovernmental Agreement with United States Department of the Interior - Bureau of Reclamation, Talent Irrigation District, and the City of Ashland FROM: Scott Fleury, engineering services manager, public works, fleurys@ashland.or.us SUMMARY This item is for approval of an annual Intergovernmental Agreement (IGA) under which provision is made to deliver up to 600 acre-feet of water each year from the Talent Irrigation District (TID) to the City of Ashland. BACKGROUND AND POLICY IMPLICATIONS: This IGA is approved annually by the partnering municipalities of TID, the United States Department of the Interior - Bureau of Reclamation (BOR) and the City of Ashland, to supply temporary water service. The proposed contract provides delivery of up to 600 acre-feet of water during 2015. This contract has been renewed annually as far back as 2006 and provides additional TID water in low water years to supplement the City's water system as required. The City is working with the BOR to make this a long term water supply contract. FISCAL IMPLICATIONS: Article 10 of the proposed contract requires a water service charge of $42,000 for 600 acre feet; however, because the City has an $11,340 credit for unused water under the contract for 2014, the remaining amount payable for this contract is $30,660. The funds are available in the approved biennium budget for the additional water purchase. An annual upfront fee of $42,000 is to be paid to the BOR. The minimum annual fee requirement is $5,250, regardless of the amount of water used. Any water not used beyond $5,250 will be credited to the City upon a written refund request to the BOR. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the City enter into an agreement by and between TID and the BOR. In addition, staff also recommends the City Council delegate authority to the City Administrator to sign future IGAs following AMC 2.28.045. AMC 2.28.045 1. State or local law does not require a public hearing before the governing body, and Page I of 2 I`, CITY OF -ASH LAN D 2. The terms of the intergovernmental agreement will remain the same, or be modified in accordance with the agreement, and 3. "The renewal is approved by the City Attorney and the department head that is affected by the renewal. SUGGESTED MOTION: I move to approve the IGA between the City, TID, and the BOR to deliver up to 600 acre-feet for a cost of $30,660. I move to approve that the City Administrator be granted authorization to sign this agreement and future annual agreements, as long as AMC 2.28.045 is satisfied. ATTACHMENTS: • IGA with TID and the BOR • Letter from BOR Page 2of2 PN Draft 6/11/15 Contract No. UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Rogue River Basin Project, Oregon TEMPORARY WATER SERVICE CONTRACT BETWEEN THE UNITED STATES OF AMERICA THE TALENT IRRIGATION DISTRICT AND THE CITY OF ASHLAND, OREGON Contents Article Page No. Title No. 1 Preamble 1 2-7 Explanatory Recitals 1-2 8 Definitions 2-3 9 Water to be Available to the City 3 10 Consideration for Water Delivery 4 11 Payment of Operation and Maintenance Charges 4 12 Term and Termination of Contract 4-5 13 Constraints on the Availability of Water (Water Shortages) 5 14 Disclaimer 5-6 15 Title to Project Works 6 16 Contract Compliance Reviews 6 17 Notices 6 18 General Provisions 7 Signatures 8 Acknowledgments 9-10 Exhibit A PN Draft 6/11/15 Contract No. UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Rogue River Basin Project, Oregon Talent Division TEMPORARY WATER SERVICE CONTRACT BETWEEN THE UNITED STATES OF AMERICA, THE TALENT IRRIGATION DISTRICT, AND THE CITY OF ASHLAND, OREGON THIS CONTRACT, made this day of , 2015, pursuant generally to the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, including the Act of February 25, 1920 (41 Stat. 451), and the Act of August 20, 1954 (68 Stat. 752), all collectively known as the Federal Reclamation laws, between the UNITED STATES OF AMERICA, hereinafter referred to as the "United States," acting through the Bureau of Reclamation, hereinafter referred to as "Reclamation," represented by the Regional Director, Pacific Northwest Region, hereinafter referred to as the "Contracting Officer," the TALENT IRRIGATION DISTRICT, hereinafter referred to as the "District," and the CITY OF ASHLAND, OREGON, hereinafter referred to as the "City." WITNESSETH, THAT: The following statements are made in explanation: EXPLANATORY RECITALS 2. WHEREAS, the Secretary of the Interior, pursuant to the Act of August 20, 1954, was authorized to construct, operate, and maintain the Talent Division of the Rogue River Basin Project, hereinafter referred to as the "Project," for the purposes of furnishing water for irrigation, controlling floods, providing hydroelectric power, and for other beneficial purposes; and I 3. WHEREAS, the United States and District entered into a repayment contract dated August 27, 1956, Contract No. 14-06-100-1045, as may have been amended and supplemented, providing among other things, for a water supply for the irrigation of lands within the District and a transfer of responsibility to the District for the care, operation, and maintenance of certain water collection, storage, and distribution works; and 4. WHEREAS, the City desires to obtain 600 acre-feet of water in water year 2015 for municipal purposes from Project facilities; and 5. WHEREAS, the providing of municipal water to the City will not interfere with other purposes served by the Project, and the United States and District are agreeable to furnishing such water to the City pursuant to the terms of this contract; and 6. WHEREAS, the District and City recognize that other agreements between them also exist for the use of non-Project water by the City, those agreements being dated March 21, 1924; December 7, 1926; May 15, 1935; and November 2, 1937. 7. WHEREAS, the United States has met all environmental compliance requirements for the execution of this contract, which has been categorically excluded by Categorical Exclusion Checklist, 2015-CCAO-59C, approved on June 25, 2015; and NOW, THEREFORE, in consideration of the mutual and dependent covenants herein contained, it is hereby mutually agreed as follows: DEFINITIONS 8. The following terms hereinafter used in this contract shall have the following respective meanings: (a) "Contracting Officer" shall mean the Regional Director or a duly authorized representative acting pursuant to this contract or applicable Federal Reclamation law, regulation or policy; 2 (b) "Irrigation Use" shall mean the use of contract water to irrigate land primarily for the production of commercial agricultural crops or livestock, and domestic and other uses that are incidental thereto. (c) "Municipal and Industrial Use" shall mean the use of contract water for municipal, industrial, and miscellaneous other purposes not falling under the definition of "irrigation use" above or within another category of water use under an applicable Federal authority. WATER TO BE AVAILABLE TO THE CITY 9. (a) The United States, acting through the District, agrees to make available to the City up to 600 acre-feet of Project water from Howard Prairie Reservoir during the 2015 irrigation season up to December 1, 2015. The City shall not use or permit the use of water delivered to it for any purpose other than irrigation, domestic, municipal or industrial purposes. It is expressly understood however that the delivery of this water will only be made during the District's irrigation season as set by its Board of Directors and is limited by the supply and capacity of District and Project facilities. (b) The total water flow, not to exceed 3.5 cubic feet per second, shall be delivered to the City at a point approximately 850 feet south of the southwest corner of Donation Land Claim No. 45 situated in section 15, township 39 south, range 1 east of the Willamette Meridian in Jackson County, Oregon. The City shall receive said water at the delivery point and shall be wholly responsible for taking said water at that point and diverting, conveying and utilizing it. (c) The United States and District make no warranties as to the quality of the water to be delivered to the City and it is understood that the water is not fit for human consumption and must be processed by the City before the same attains domestic quality. 3 CONSIDERATION FOR WATER DELIVERY 10. A water service charge of $42,000 shall be paid by the City to the United States at the time of executing this contract. The $42,000 payment equals a rate of $70 per acre-foot of Project water delivered to the City, determined in accordance with applicable Reclamation law and policy, and is exclusive of additional charges by the District. The payment will entitle the City to receive up to 600 acre-feet of water as described in Article 7 of this contract. In the event the amount of water delivered to the City is less than 600 acre-feet, as reported by the City and confirmed by the District to the Contracting Officer, the City may request that monies be refunded to it at a rate of $70 per acre-foot for the amount delivered that is less than 600 acre-feet: provided that, a minimum water service charge of $5,250 shall apply regardless of the amount of water delivered to the City under this contract; provided further, that any such refund request shall be made in writing to the Contracting Officer only after the City's water use under this contract has ceased for the year and must be received by the Contracting Officer prior to February 1, 2016. Any refund to the City will be without interest. The water service charge is in addition to administrative fees paid by the City to the United States for the preparation of this contract. PAYMENT OF OPERATION AND MAINTENANCE CHARGES 11. An operation and maintenance charge shall be paid by the City to the District within 30 days of the execution of this contract. The operation and maintenance charge as computed by the District shall be the sum of money equal to the District's annual operation and maintenance charge, and will be equal to the irrigation charges of a single parcel containing 226.42 acres of assessed land within the District. TERM AND TERMINATION OF CONTRACT 12. (a) This contract shall become effective as of the date first above written and will continue in effect until December 1, 2015, unless sooner terminated as herein provided. 4 (b) This contract shall be terminated and service hereunder shall cease at the option of the United States at any time upon failure of the District or the City to abide by any notice, order, rule, or regulation of the United States or the State of Oregon, related to delivery of Project water to the City, now or hereafter established. The United States may terminate this contract and service hereunder may cease if a decision is reached by a Court of competent jurisdiction requiring termination of water delivery under this contract. The United States may also terminate this contract and service hereunder may cease, in whole or in part, if the contract water source becomes unavailable as required by, or due to the application of, federal law, including, but not limited to, the Endangered Species Act. CONSTRAINTS ON THE AVAILABILITY OF WATER (WATER SHORTAGES) 13. (a) In its operation of the Project, the Contracting Officer and District will use all reasonable means to guard against a condition of shortage in the quantity of water to be made available to the City pursuant to this Contract. In the event the Contracting Officer or District determines that a condition of shortage appears probable, the Contracting Officer or District will notify the City of said determination as soon as practicable. (b) If there is a condition of shortage because of errors in physical operations of the Project, drought, other physical causes beyond the control of the Contracting Officer or District, or actions taken by the Contracting Officer or District to meet current and future legal obligations, then no liability shall accrue against the United States or District or any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom. DISCLAIMER 14. No provision of this contract, nor of any renewal hereof, nor the furnishing of water hereunder will be construed to bind the United States or District after the expiration of this contract as the basis of a permanent water right. The United States will not be held responsible for any acts 5 or omissions of the District's or City's agents or of persons to whom water is furnished. Further, it is the responsibility of the District and City to comply with all applicable laws and regulations of the United States and the State of Oregon regarding any activities involved or associated with the use of water delivered hereunder, and to obtain all required permits or licenses from the appropriate Federal, State, or local authorities. TITLE TO PROJECT WORKS 15. Title to Project lands and facilities will remain in the name of the United States until such time as the Congress of the United States authorizes title to be transferred and until title is actually transferred through required procedures. CONTRACT COMPLIANCE REVIEWS 16. The District and City acknowledge the Bureau of Reclamation's authority to conduct periodic contract, compliance reviews in accordance with Reclamation Manual Policy, Periodic Review of Water Deliveries with Respect to Contract Terms (WTR P08), and Reclamation Manual Directive and Standards, Periodic District Reviews of Water Deliveries with Respect to Contract Terms - Process for Resolving Unauthorized Use (WTR 08-01). NOTICES 17. Any notice, demand, or request required or authorized by this contract shall be deemed properly given, except where otherwise herein specifically provided, if mailed, postage prepaid, to the Regional Director, PN Region, Bureau of Reclamation, 1150 N. Curtis Road, Suite 100, Boise, Idaho 83706-1234, on behalf of the United States, or delivered to Talent Irrigation District, Attention: Secretary/Manager, P.O. Box 467, Talent, Oregon 97540, on behalf of the District; or to the City when mailed, postage prepaid, or delivered to the City of Ashland, Attention: City Administrator, 20 East Main Street, Ashland, Oregon 97520. The designation of the person to be notified or the address of such person may be changed at any time by similar notice. 6 GENERAL PROVISIONS 18. The General Provisions applicable to this contract are listed below. The full text of these articles is attached as Exhibit A and is hereby made a part of this contract. a. CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS b. OFFICIALS NOT TO BENEFIT c. ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED d. BOOKS, RECORDS, AND REPORTS e. RULES, REGULATIONS, AND DETERMINATIONS f. ADMINISTRATION OF FEDERAL PROJECT LANDS g. PROTECTION OF WATER AND AIR QUALITY h. CONTAMINATION OR POLLUTION OF FEDERAL PROPERTY i. EQUAL EMPLOYMENT OPPORTUNITY j. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS k. PEST MANAGEMENT 1. MEDIUM FOR TRANSMITTING PAYMENTS in. CONTRACT DRAFTING CONSIDERATIONS 7 IN WITNESS WHEREOF, the parties hereto have signed their names as of the day and year first above written. CITY OF ASHLAND By (Name) (Title) (SEAL) ATTEST: 3V" L' (Name) c _ Atta3mey that - 3 t S (Title) TALENT IRRIGATION DISTRICT By Chairman, Board of Directors (SEAL) ATTEST: j creta6/Manager UNITED STATES OF AMERICA By Regional Director PN Region Bureau of Reclamation 1150 N. Curtis Road, Suite 100 Boise, ID 83706-1234 8 STATE OF OREGON) ss County of ) On this day of , 20 , personally appeared before me, a Notary Public, known to me to be, respectively, the and of the CITY OF ASHLAND, and the persons who executed the within instrument and acknowledged to me that the CITY OF ASHLAND executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. Notary Public in and for the State of Oregon (SEAL) Residing at: My commission expires: STATE OF OREGON) ss County of - C-t 5ct~} On this A day of 20 , personally appeared before me, a Notary Public, known to me to be, respectively, the I ec~~C C v and t~si S :c tjk „c,,,ciof the TALENT IRRIGATION DISTRICT, and the persons who executed the within n instrum n and acknowledged to me that the TALENT IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. OFFICIAL SEAL WANDA M DERRY COMMISSION N0~472559~~ MY COMMISSION EXPIRES NOVEMBER 09, 2Ble Notary Public in and for the State of Oregon (SEAL) Residing at: -7 L-1 k { 1 My commission expires: 1 ~-t f 11 c 9 STATE OF IDAHO ) : ss County of Ada ) On this day of 20 , personally appeared before me, known to me to be the official of the United States of America that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States, for the uses and purposes therein mentioned, and on oath stated that she/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. Notary Public in and for the State of Idaho (SEAL) Residing at: My commission expires: 10 EXHIBIT A GENERAL PROVISIONS - ROGUE RIVER BASIN PROJECT The Contractor, as referred to in the following Standard Contract Articles, shall be the Talent Irrigation District and the City of Ashland, Oregon. CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS (a) The expenditure or advance of any money or the performance of any obligation of the United States under this contract shall be contingent upon appropriation or allotment of funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any obligations under this contract. No liability shall accrue to the United States in case funds are not appropriated or allotted. OFFICIALS NOT TO BENEFIT (b) No Member of or Delegate to the Congress, Resident Commissioner, or official of the Contractor shall benefit from this contract other than as a water user or landowner in the same manner as other water users or landowners. ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED (c) The provisions of this contract shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this contract or any right or interest therein by either party shall be valid until approved in writing by the other party. BOOKS, RECORDS, AND REPORTS (d) The Contractor shall establish and maintain accounts and other books and records pertaining to the administration of the terms and conditions of this contract, including the Contractor's financial transactions; water supply data; the water users' land-use (crop census), and water-use data; and other matters that the Contracting Officer may require. Reports shall be furnished to the Contracting Officer in such form and on such date or dates as the Contracting Officer may require. Subject to applicable Federal laws and regulations, each party to this contract shall have the right during office hours to examine and make copies of the other party's books and records relating to matters covered by this contract. RULES, REGULATIONS, AND DETERMINATIONS (e) (1) The parties agree that the delivery of water or the use of Federal facilities pursuant to this contract is subject to Federal reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Federal reclamation law. (2) The Contracting Officer shall have the right to make determinations necessary to administer this contract that are consistent with the provisions of this contract, the laws of the United States and the State of Oregon, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with the Contractor. ADMINISTRATION OF FEDERAL PROJECT LANDS (f) The lands and interests in lands acquired, withdrawn, or reserved and needed by the United States for the purposes of care, operation, and maintenance of Federal project works may be used by the Contractor for such purposes. The Contractor shall ensure that no unauthorized encroachment occurs on Federal project lands and rights-of-way. The Contractor does not have the authority to issue any land-use agreement or grant that conveys an interest in Federal real property, nor to lease or dispose of any interest of the United States. PROTECTION OF WATER AND AIR QUALITY (g) (1) Project facilities used to make available and deliver water to the Contractor shall be operated and maintained in the most practical manner to maintain the quality of the water at the highest level possible as determined by the Contracting Officer: Provided, That the United States does not wan-ant the quality of the water delivered to the Contractor and is under no obligation to furnish or construct water treatment facilities to maintain or improve the quality of water delivered to the Contractor. A-1 (2) The Contractor shall comply with all applicable water and air pollution laws and regulations of the United States and the State of Oregon; and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities necessary for the delivery of water by the Contractor; and shall be responsible for compliance with all Federal, State, and local water quality standards applicable to surface and subsurface drainage and/or discharges generated through the use of Federal or Contractor facilities or project water provided by the Contractor within the Contractor's Project Water Service Area. (3) This article shall not affect or alter any legal obligations of the Secretary to provide drainage or other discharge services. CONTAMINATION OR POLLUTION OF FEDERAL PROPERTY (h) (1) The Contractor shall not allow contamination or pollution of Federal project lands, project waters, or project works of the United States or administered by the United States and for which the Contractor has the responsibility for care, operation, and maintenance by its employees or agents. The Contractor shall also take reasonable precautions to prevent such contamination or pollution by third parties. (2) The Contractor shall comply with all applicable Federal, State, and local laws and regulations and Reclamation policies and instructions existing, or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored, or disposed of on or in Federal project lands, project waters, or project works. (3) "Hazardous material" means (1) any substance falling within the definition of "hazardous substance," "pollutant or contaminant," or "hazardous waste" under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601(14), (29), and (33)); (2) oil, as defined by the Clean Water Act (33 U.S.C. § 1321(a)) and the Oil Pollution Act (33 U.S.C. § 2701(23)); (3) thermal pollution, refuse, garbage, sewage effluent, industrial waste, mine or mill tailings, mineral salts, pesticides, and other solid waste, and (4) any other substance regulated as hazardous or toxic under Federal, State, local or Tribal law . (4) Upon discovery of any event which may or does result in contamination or pollution of Federal project lands, project water, or project works, the Contractor shall immediately undertake all measures necessary to protect health and the environment, including measures necessary to contain or abate such contamination or pollution, and shall report such discovery with full details of the actions taken to the Contracting Officer. Reporting shall be within a reasonable time period but shall not exceed 24 hours from the time of discovery if it is an emergency and the first working day following discovery in the event of a non-emergency. (5) If violation of the provisions of this Article occurs and the Contractor does not take immediate corrective action, as determined by the Contracting Officer, the Contractor may be subject to remedies imposed by the Contracting Officer, which may include termination of this contract. (6) The contractor shall be liable for any response action or corrective measure necessary to protect public health and the environment or to restore Federal project lands, project waters, or project works that are adversely affected as a result of such violation, and for all costs, penalties or other sanctions that are imposed for violation of any Federal, State, local or Tribal laws and regulations concerning hazardous material. At the discretion of the Contracting Officer, the United States may also terminate this Contract as a result of such violation. (7) The contractor shall defend, indemnify, protect and save the United States harmless from and against any costs, expenses, claims, damages, demands, or other liability arising from or relating to contractor's violation of this article. (8) Reclamation agrees to provide information necessary for the Contractor, using reasonable diligence, to comply with the provisions of this Article. EQUAL EMPLOYMENT OPPORTUNITY (i) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and A-2 selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965 (EO 11246), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of EO 11246, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by EO 11246, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Contracting Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in EO 11246, and such other sanctions may be imposed and remedies invoked as provided in EO 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1)'through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of EO 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS (j) (1) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. § 2000d), the Rehabilitation Act of 1973 (Pub. L. 93-112, Title V, as amended; 29 U.S.C. § 791, et seq.), the Age Discrimination Act of 1975 (Pub. L. 94-135, Title III; 42 U.S.C. § 6101, et seq.), Title II of the Americans with Disabilities Act of 1990 (Pub. L. 101-336; 42 U.S.C. § 12131, et seq.), Title III of the Americans with Disabilities Act of 1990 (Pub. L. 101-336; 42 U.S.C. § 12181, et seq.), and any other applicable civil rights laws, and with the applicable implementing regulations and any guidelines imposed by the U.S. Department of the Interior and/or Bureau of Reclamation. (2) These statutes prohibit any person in the United States from being excluded from participation in, being denied the benefits of, or being otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation on the grounds of race, color, national origin, disability, or age. By executing this contract, the Contractor agrees to immediately take any measures necessary to implement this obligation, including permitting officials of the United States to inspect premises, programs, and documents. (3) The Contractor makes this agreement inconsideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this article and that the United States reserves the right to seek judicial enforcement thereof. (4) Complaints of discrimination against the Contractor shall be investigated by the Contracting Officer's Office of Civil Rights. A-3 PEST MANAGEMENT (k) (1) The Contractor is responsible for complying with applicable Federal, State, and local laws, rules, and regulations related to pest management in performing its responsibilities under this contract. (2) The Contractor is responsible for effectively avoiding the introduction and spread of, and for otherwise controlling, undesirable plants and animals, as defined by the Contracting Officer, on or in Federal project lands, Federal project waters, and Federal project works for which and to the extent that the Contractor has operation and maintenance responsibility. The Contractor is responsible for exercising the level of precaution necessary in meeting this responsibility, including inspecting its vehicles and equipment for reproductive and vegetative parts, foreign soil, mud or other debris that may cause the spread of weeds, invasive species and other pests, and removing such materials before moving its vehicles and equipment onto any Federal land or out of any area on Federal project land where work is performed. (3) Where decontamination is required prior to entering Federal project land, it shall be performed at the point of prior use, or at an approved offsite facility able to process generated cleaning wastes. Upon the completion of work, the Contractor will perform any required decontamination within the work area before moving the vehicles and equipment from Federal project lands. (4) Programs for the control of undesirable plants and animals on Federal project lands, and in Federal project waters and Federal project works for which the Contractor has operation and maintenance responsibility will incorporate Integrated Pest Management (IPM) concepts and practices. IPM refers to a systematic and environmentally compatible program to maintain pest populations within economically and environmentally tolerable levels. In implementing an IPM program, the Contractor will adhere to applicable Federal and State laws and regulations and Department of the Interior and Bureau of Reclamation policies, directives, guidelines, and manuals, including but not limited to, the Department of the Interior Manual, Part 609 Weed Control Program, the Plant Protection Act of June 20, 2000 (Pub. L. 106 224), and Executive Order 13112 of February 3, 1999. MEDIUM FOR TRANSMITTING PAYMENTS (1) (1) All payments from the Contractor to the United States under this contract shall be by the medium requested by the United States on or before the date payment is due. The required method of payment may include checks, wire transfers, or other types of payment specified by the United States. (2) Upon execution of the contract, the Contractor shall furnish the Contracting Officer with the Contractor's taxpayer's identification number (TIN). The purpose for requiring the Contractor's TIN is for collecting and reporting any delinquent amounts arising out of the Contractor's relationship with the United States. CONTRACT DRAFTING CONSIDERATIONS (m) Articles 1 through 16 of this contract have been drafted, negotiated, and reviewed by the parties hereto, each of whom is sophisticated in the matters to which this contract pertains, and no one party shall be considered to have drafted the stated articles. A-4 ENT of T United States Department of the Interior p ° BUREAU OF RECLAMATION Pacific Northwest Regional Office ~'gRCH ,ear 1150 North Curtis Road, Suite 100 Boise, ID 83706-1234 IN REPLY IM-TIZ lFO: PN-3323 JUL o 205 WTR-4.03 Mr. Pieter Smeenk, PE CWRE City of Ashland Public Works Engineering 20 N. Main Street Ashland, OR 97520 Subject: Proposed Temporary Water Service Contract with the City of Ashland and Talent Irrigation District, Rogue River Basin Project, Oregon Dear Mr. Smeenk: Enclosed for your consideration and approval are three copies of a proposed temporary water service contract between the United States, the Talent Irrigation District (District), and the city of Ashland (City). The proposed contract provides delivery of up to 600 acre-feet of project water (during 2015) from the District to the City for municipal use. Article 10 of the contract requires a water service charge of $42,000 for 600 acre-feet; however, because the City has an $11,340 credit for unused water under a contract for the 2014 water season, the remaining amount payable to the United States for this contract is $30,660. If the contract is acceptable to the City, please have the appropriate representatives sign each copy, the organization seal affixed, if applicable, and the signatures notarized. Then send the signed contracts to Mr. Jim Pendleton of the District at the address below. If the contract is acceptable to the District, each copy should be signed by the Chairman, Board of Directors, the District seal affixed, and the signature notarized. Once the contracts are signed by the City and the District, please return all three copies to the above address, Attention: PN-3300, along with the payment of $30,660. When we receive the completed contracts and payment, the contract will be executed on behalf of the United States, dated, and assigned a contract number for identification purposes. We will return an executed original to each party and provide as many copies as you desire for your records. We will also mail a copy of the contract to the appropriate state and Federal offices. If you have any questions about the proposed contract, please contact Mr. Larry Parsons, Economist, at the above address or telephone 208-378-5346. Sincerely, 3 Y Lorri J. Lee Regional Director Enclosure - 3 copies cc: See next page. a cc: Mr. Jim Pendleton Talent Irrigation District P.O. Box 467 Talent, OR 97540 (w/copy of encl) CITY OF -AS H LA N D Council Communication August 18, 2015, Business Meeting Special Procurement for the purchase of a Volvo Model PF4410 Asphalt Paver FROM: Stu Wilkie, Fleet Maintenance Supervisor, stu.wilkie@ashland.or.us John Peterson, Sheet Supervisor, john.peterson@ashland.or.us SUMMARY The Public Works Department, Street Division, needs to replace one 1989 Blaw Knox PF150 Asphalt Paver (Vehicle #0093). The vehicle is beyond its life cycle, replacement parts for the paver have become obsolete requiring parts be fabricated in a machine shop and it oftentimes breaks down in service requiring costly and time consuming repairs. Staff requests Council approval of a "Contract- specific Special Procurement" for the purchase of a Volvo Model PF4410 Asphalt Paver, at a cost of $336,452.00. BACKGROUND AND POLICY IMPLICATIONS: The Street Division provides maintenance and construction to City streets, including patching and paving for approximately 102.4 miles of paved street (actually 195 street lane miles, which includes both lanes). Last fiscal year, the Street Division laid 2,300 tons of asphalt which equates to 92,000 square feet. The new Volvo Model PF4410 Asphalt paver is available using an HGAC (Houston-Galveston Area Council) contract. This vehicle is known for its quality and reliability and performance. There is also a dealership and repair facility in the State of Oregon available for warranty work that may need to be provided by the manufacturer and parts are readily available. By taking advantage of this contract the City will be able to get the piece of equipment that best meets our needs while taking advantage of pricing only available to large buying groups. A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The completed Special Procurement, Approval Request Form is attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach Page 1 of 2 I~, CITY OF -AS H LA N D may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable provisions of law. FISCAL IMPLICATIONS: The Street Division equipment replacement fund has budgeted $336,000.00 for the replacement vehicle. This public contract award will result in substantial cost savings because the HGAC contract awarded to Clyde West, Inc. provides a 32% DISCOUNT off list price, making the amount of the discount $152,389.00 (Total list price $486,841 and HGAC contract price is $331,052 plus Freight and PDI $3,400) STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Contract-specific Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Contract-specific Special Procurement for the purchase of a Volvo Model PF4410 Asphalt Paver. ATTACHMENTS: 1. Form #9, Special Procurement, Request for Approval and Written Findings 2. HGAC Contract Pricing Worksheet 3. Volvo Specifications Model PF-4410 4. HGAC Frequently Asked Questions Page 2 of 2 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Stu Wilkie, Fleet Safety Supervisor Date: August 18, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works - Street Division 2. Department Contact Name: Stu Wilkie - Fleet Safety Supervisor John Peterson - Street Division 3. Type of Request: _ Class Special Procurement X Contract-specific Special procurement 4. Time Period Requested: From: order to be placed upon Council approval To: ARO - 60 Days 5. Total Estimated Cost: $336,452.00 6. Short title of the Procurement: Volvo Model PF4410 Asphalt Paver Supplies and/or Services or class of Supplies and/or Services to be acquired: Volvo Model PF4410 Asphalt Paver 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Vehicle #0093 1989 Blaw Know PF 150 Asphalt Paver is scheduled to be replaced and funds have been budgeted in the Street Division equipment replacement fund to replace this vehicle The vehicle is beyond its life cimcle replacement parts for the paver have become obsolete requiring, parts be fabricated in a machine shop and it oftentimes breaks down in service requiring costly and time consuming repairs. Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 8/12/2015 Proposed procedure: Street and fleet staff recommend the public contract for the Volvo Model PF-4410 Asphalt Paver be awarded to Clyde West Inc using HGAC Contract SM10-14. HGAC (Houston Galveston Area Council) gives local government nationwide access to volume purchasing and discounted vehicles and equipment 8. Justification for use of Special Procurement: Using this cooperative purchasing agreement allows the City to purchase the equipment that best meets departmental needs Additionally, buying this equipment using this contract will allow us to take advantage of a much larger burg group which will allow better pricing than we would be able to get on our own 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This public contract award is not likely to be perceived as favoritism because HGAC has a competitive bid process they facilitate to award the contracts they offer for use by government agencies (Please provide specific information that demonstrates how the proposed Special procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: This public contract award will result in substantial cost savings because the HGAC contract awarded to Clyde West Inc provides a 32% DISCOUNT off list price, making the amount of the discount $152,389.00 (Total list price $486,841 and HGAC contract price is $331,052, plus freight and PDI $3,400.00) (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 2798.055, 27913.060, 279B.065, or 279B.070, or any rules adopted thereunder because: The Street Division maintains approximately 102.4 miles of paved street (195 street lane miles/both lanes) and the new equipment technology will provide a smoother finished surface for paving and patching The efficiency of the new equipment will have substantial safety and cost savings. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 8/12/2015 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [august /9, 2015, ifapproved Ai(gits/ 18, 2015) PUBLIC NOTICE Approval of a Special Procurement First date of publication: [.9ugusl 19, 2015, ifapprovedflugusl 18, 20151 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [August 18. 2015, if alproved by Council]. This Contract-specific Special Procurement is for the purchase of a Volvo Model PF-4410 Asphalt Paver. The City intends to purchase the asphalt paver directly from Clyde West, Inc. Clyde West, Inc. was awarded the HGAC contract for asphalt pavers. HGAC was created by the State of Texas and offers contracts to any government agency in the United States. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Stu Wilkie, Fleet/Safety Supervisor, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [rfRosted August 19, 2015, exRiration date ivill be August 26, 2015] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 8/12/2015 ~CONTIZACT PRICING WORKSHEET Contract Bate MY : For Catalog & Price Sheel Type Purchases SMIO-14 7/8/2015 Nrcparrd: Quote Valid for 90 Da s No. This Woi ksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be e-mailed to lawandaJames a h-gae.com. Therefore please type or print legibly. n°)tng Cit}'or~lshl:utd C°mractor: iClydewc;llnC, Agrnc): Com°rr :John Pertesoll ['rrn:,rcd Marty Kn:eger Pcraon: np: Phunr; :Sq1-552-2345 Ph°nr: °5003.504.2750 1541.48S-5320 :503-252-1769 C.'ail: petersoj r, ashl itid.or.us em.41 f: nkrtletter r cl dewest.col~i ease a so sea order confirmations to r, stdt c°raing Priccst,cet SmI.-J4 Street Maintenance Equipment, product code 341' :nor: L Gcntral precriplinn 1+phall 10„rr of Prn NO: . . . . . . . . . . . . . . . . `:i . . . . . . . . . . . . . . . . . . . . . . . . r',lo 1:511 I dsli „i''hi~'il 1Mitiii a3 liiiit.-:'1'I:1hGJltlihlt d ISlii'ctlhKCC S.ar' (lu;m Description Ltttil Jh Total I !Volvo Model 1117,1410 Asphall Paver $331,052; $331,052 :See nest page for machine specs i : i Subtotal A-.11 $3 tS: l1n titlilislieil Oitirtns„1tet,rNo1. u(: ei ilcc licti s Itemiic i'ii,~e'rc~ ~ti 1.......... I, 3 . . • "i tit Ye. t- n 1 11 i. to if nt..1 c an~~~i~9iid "i r~ . ~ t a t r. ( I .J 1, c... l.-....1.~},.. ct,tl.).t....,:.?1.1.J.S.•.1.,.,........•...::~:~:~:»:~:~>:~:~:~:~»:~»>:~:~:»>::%~::'»:..~>> Qa,ut Description Unit Ih TWA 1 i !!:outs on training at the City of Ashland t'ur Otxrators and A4ainlrnance Crews 52,000i $2,000 I so 1 so J f so Total From Other Sheets, If Any : Subtotal B: 52,000 Check: Totiil cost ol'Unpublished Options (B) cannot exceed 25%of the lotal of the Base Unit Price plus Published Options (A+B). 11 For this Ir:utsnctimi the percentage is~ . • C: fnt.lt Ccist b lore nu' Othcr:i i tli'cablc C h,ti' CS'id:tilc'diii'A. ...i..... DsltiUiilS Lil? ~ \ 13 $333 052 , ` D; 7 ,wile=llls/•... ...l,r / Ollier•'y\11¢yranccs.( !?rcil I1t J ln~t;illahtin ! )Ii5¢ei1111i~11,,,,,,,,,, , , , , , , , , , , , , , , , • , , , , , t rcight 51,900 I'U1 $1,500 s0 s0 Subtotal!): $3,400 $336,452 i Description. Part # List Price Volvo PF-4410 Paveer PF4410 $328,215 Pump box, electric screed PF11002 $4,168 PowerFlight tunnels with PR 3001 $4,260 screed Mat-Kontrol II with Ultra 3s PR 4002 $3,541 sensors Work light package (2 front & 4 PF56001 $2,152 rear Ultimat 16 wlpower crown and PF91007 $97,257 power slope kit and electric with ATIC and remote control stations Auxiliary 120 volt Power Kit for PF92514 $3,292 Ultimate 16 US Engine PF41001 $0 Truck Hitch PF15002 $16,167 Blaw-Kontroll II Grade and PF53001 $19,890 slope electronics (Sonic UltraE e V Electric Fuel Gauge PF59201 $1,067 12' Paving-Auger & Guard Kit PF81002 $4,033 6" Cut-Off Shoe Extention PF92401 $496 LH 6" Shoe Adaptor PF92402 $413 RH 6" Shoe Adaptor PF92403 $413 Material Indicator Kit PF83002 $1,250 Adjustable Cut-Off Shoe PF92503 $227 s Weldment c l l f Total List Price $486,841 HGAC % off List (enter as % here)32% HGAC Price $331,052 3 j ~ SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 1 "Hands on training class to be provided for City of Ashland' operators maintenance crewsx PF4410 PF-4410: A track mounted, mid-sized paver/finisher capable of placing bitumi- nous base, binder and surface course mixes, cement or lime stabilized sub-base and graded aggregate materials. Standard Paving Width Range (with cut-off plates) 8' (2.44 m) Basic Screed .6'- 8' (1.83-2.44 m) Maximum Paving Width ..........................................................._............25' (7.62 m) Paving Depth Range t/4" - 8" (6-203 mm) *...All items so indicated are included in the basic unit. * FUEL SYSTEM: 38 gal. (144 L) fuel tank with replaceable filter provides an onboard diesel fuel supply for engine, screed heaters and pressurized washdown system. ELECTRICAL SYSTEM: 12 volt, negative ground with 150-amp alternator. Wiring is color coded, and number impregnated for easy servicing. All circuits tie to circuit boards located in the operator's swing control console, and are equipped with automatic reset circuit breakers. x HYDRAULIC SYSTEM: 53 gal (201 L) reservoir capacity. Primary filtration is accomplished with 10 micron variable depth synthetic media filters on the inlet side of each traction drive charge pump. Secondary filtration is accomplished with 141 micron strainers on the suction side of the general purpose and feeder drive pump circuits. All hydraulic circuits are routed through a central, easy access valve block equipped with interchangeable solenoid cartridge valves for maximum reliability and easy servicing. TRACTION DRIVE: Independent, hydrostatic direct drive for each track with electric/hydraulic controlled single speed planetaries and 2-speed motors. Speed selection is infinitely variable in each of two speed ranges: Low Range ..0-242 fpm (73.8 n-1/min) High Range 0-8.5 mph (13.7 km/hr) Reverse Full reverse in any of the two speed ranges. Both planetary drive units are equipped with an internal, switch activated parking brake. * TRACK: Continuous, Flexible, Hi-Speed, EzRider® Rubber Track ...the traction & flotation of a track machine with the mobility & rideability of a wheel machine. SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 2 Positive non-slip Cog/Socket Track Drive... Eliminates the potential power loss associated with friction drive slippage. * SUSPENSION: Unitized, bolt-on track frames, each equipped with three sets of oscillating, rubber tired bogie wheels, replaceable drive hub and automatic/ hydraulic track tensioning system. Track Width .........................................................................................14" (356mm) Tensile Strength 254,0009 (115.214 k(Y) Ground Pressure (Flotation): with 8' (2.44 m) Wedge-Lock"I Screed 13.70 lbs./in.2 (.96 kg/cm') with 8' (2.44 m) OmniScreedOIA 14.29 lbs./in.2 (1.00kg/cm) with 8' (2.44 m) UltiMatl~ 16 Screed ......................15.64 lbs./in.2 (1.10kg/cm2) * CONTROLS: Dual control stations (right and left side) each equipped with an operator's seat, steering and direction/speed control pedestal. A common, center mounted, swing console with position lock, provides both control stations with electrical switch control of main power, starter, throttle, horn, shifting of traction drive motors, right and left side feed system function, screed lift, auger lift, folding hopper, flow gates, screed vibrator function, parking brake and optional truck hitch. Screed vibrator frequency/amplitude, feed system speed, flow gate override, powered screed functions and mat depth are all controlled from the screed. The swing console also contains the tachometer/hour meter and four analog gauges for hydraulic oil temperature, engine oil pressure, engine coolant temperature and voltmeter. Warning lights are also included for "Brake On", "Change Hydraulic Filter", and "Low Material" for units equipped with the optional material indicator kit. BRAKES: Primary braking is accomplished through the dynamics of the hydrostatic traction drive system. Hydraulic secondary parking brakes, an internal element of the planetary drive units, can be switch actuated from the operator's swing console. These spring applied secondary parking brakes are automatically actuated when the main power switch is in the "off' position, electric power is otherwise interrupted or there is a pressure drop in the general-purpose hydraulic system. OPERATOR'S UMBRELLA: 54" (1372 mm) square umbrella with mounting hardware. HOPPER: 8.5 ton (7.7T) [155 ft.' (4.4 m) struck] capacity; hydraulically folding sides with Tivar® Polymer retaining lip. Truck Entry Width ..........................................................................120" (3048 mm) SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 3 Truck Dump Clearance (minimum) 277 7(77377m POWER FLOW GATES: Two separately operated, electric/hydraulic con- trolled, adjustable flow gates, located in the conveyor tunnel entry at the rear of the hopper; meter material delivery to the augers. DUAL FEED SYSTEMS: Separate, infinitely variable speed, hydrostatic planetary drive for right and left side feed systems provide optimum auger/convey operation throughout the machine's entire capability range. Right and left side systems function independently and operation is controlled either manually with electrical switches (from either the tractor operator's swing or the screed control consoles) or automatically by sensing elements positioned at the outer end of each auger. Maintenance free auger/conveyor bearings combine to eliminate the daily greasing requirement. Unitized construction of the rear feed section (center chain case, right and left side planetary drives, rear conveyor shafts and auger assemblies) permits removal of these major components as a single unit, providing service access in less than half the time required on competitive machines. CONVEYORS: Drag assemblies consist of solid bars riveted to special, heat treated steel offset link R2 (rapid repair) heavy bushed roller chain riding on forged steel sprockets. Conveyer floor plates and rear wrap plates are constructed of Hardox-400 Brinell hardness 370-430. Conveyor Tunnel Opening .........................................53.625" (1362 mm} Conveyor Floor Plate Thickness .375" (10 mm) * AUGERS: Bolt-on replaceable, high alloy, cast steel hemi-screw sections. Augers are adjustable in height hydraulically by simply actuating an electrical switch. Auger Diameter ........16" (406 mm) Auger Flight Thickness 3/4" (19 mm) Auger Height Adjustment (above grade) 4'/2"-10 1/2" (114-267 mm) Auger Speed Max. C 2100 Engine RPM 143 RPM POWERFLIGHTO TUNNELS and MATERIAL CONTAINMENT BAFFLES: Easy slide auger tunnels are built-in and can be extended hydraulically to accommodate extended paving widths up to 17' (5.185 m). Optional bolt-on extensions are available for paving widths beyond 17' (5.185m). Material containment baffles (chain curtains) are included as standard. * SMOKEATER© VENTILATION CONTROL SYSTEM: A machine mounted heat and fume extraction system that provides a cleaner, cooler, more environmentally friendly work area for both the tractor operator and screed operator without restricting auger view. Consisting of a single hydraulically driven, high volume fan and two laterally mounted, low profile, nonrestrictive auger view collector intakes; the system gathers heat and fumes from the SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 4 paveCs auger and screed area an disperses them into the atmosphere away from the operators via a single, deck mounted exhaust stack. The exhaust stack folds down to minimize transport height. The Volvo SmokEatero meets and/or exceeds all current NIOSH (National Institute for Occupational Safety and Health) standards for capture efficiency. HYDRAULIC CONDUIT for AUTOMATIC SCREED CONTROLS: Consists of all tractor mounted hydraulic plumbing componentry required to accommodate the installation of an Automatic Level Control (joint matcher) or Blaw-Kontrol®11 (grade and slope electronics). * WASHDOWN SYSTEM: A pressurized, diesel fuel washdown system with 35' (10.7 m) hose and spray valve/nozzle, mounted on a self-storing, spring retracting hose reel. EXPORT TRANSPORT COATING: Factory applied rust inhibitor applied to all machines. Displaces moisture, stops corrosion and provides long lasting protection. BASIC PUMP BOX SELECTION PF11001 STANDARD PUMP BOX: Pump box arrangement to be used with diesel heated screeds and for paver configurations not including an optional generator set. PF11002 PUMP BOX ELECTRIC SCREED: Pump box arrangement to be used with electrically heated screeds (Blaw-Knox or otherwise). Provides additional pod to install pump to; this is required to operate screed generators on the LJItimat 9/16. PF11003 TRACTOR GENSET INLUDING PUMP BOX: Pump box arrangement including a generator set and power kit: (Not available with UltiMat:016 screed) A hydraulically powered generator mounted under the operator's platform with remote, on-deck control panel, provides 6kW (5.5kW continuous) of A.C. electrical power for auxiliary lighting and portable power tools. The generator is protected with manual circuit breakers on the remote control panel and is virtually maintenance free with no slip rings, brushes, or commutators to repair or replace. Voltage output is maintained within 3% from no load to full load without external voltage regulator. A "power assist" feature in the hydraulic drive system will not allow voltage to drop when severe loads are applied. Voltage output is automatically interrupted if the paver's engine idle speed drops below 1100 rpm. The generator is all copper wound with a Class H, 392°F (2001 C) insulation package, making it virtually impossible to burn out. The lockable control panel is equipped with four 10 amp, 120 volt standard receptacles; one 30 amp, 120 volt twist-lock receptacle; one 20 amp, 240 volt twist-lock receptacle; a 120/240 volt SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: S mode switch and an analog voltmeter. A power 1t, w c includes the y rau xc drive pump with all hoses and connectors, completes the package. AUGER BOX MANDATORY PF1:3001 POWER TUNNEL WITH SCREED: Power tunnel arrangement to be used when ordering a paver with a factory installed screed. Provides proper installation instructions to manufacturing. PF13002 POWER TUNNEL WITHOUT SCREED: Power tunnel arrangement to be used when ordering a paver without a factory installed screed. Provides proper installation instructions to manufacturing. FEED SYSTEM CONTROL PF14002 MAT KONTROL© II with ULTRA 3SO SENSORS: An electric/hydraulic con- trol arrangement that automatically controls both the "on-off' action and infinitely variable operating speed of the dual feed systems. Ultra 3s1~ (Ultrasonic Sensing System) sensors, positioned at the outer end of each auger, monitor the volume of material in front of the screed and actuate the feeder drives as necessary to maintain a consistent flow of material to the screed. Func- tioning similar to a sonar depth sounding system, the "no contact" Ultra 3`1~11 sensors are more accurate than paddle sensors and are less susceptible to damage from heat and abrasion. FRONT END PF15001 OSCILLATING PUSH ROLLERS: Two bearing equipped push rollers mounted on a 98" (2.5m) wide, oscillating frame; compensates for minor directional misalignment of truck with paver/finisher. PF15002 TRUCK HITCH: Two bearing equipped push rollers mounted on an oscillating frame with electric/hydraulic actuated, roller equipped clamp arms; quickly grips and secures a truck in proper attitude for unloading material into the machine's hopper. Compensates for both minor lateral and directional misalignment of truck with paver/finisher, with no exposed secondary slide mechanisms. Maximum Arm Opening . ........130" (3302 mm) Minimum Arm Opening 72-(1829 mm) Degree Degree of Swivel fo Drift from Center (right to left) ...........................................................12" (305 mm) Automatically Self-centering ENGINES SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 6 PF41001 US ENGINE: Deutz, EPA Tier 3 certified, electronically controlled, 4 cylinder, water cooled, turbocharged, charge air cooled diesel model TSD 2013 L04 2V (TCD2013L042V), 290.4 cubic inch (4.76 L) displacement, 158 hp (118 kW) at 2100 rpm. Cooling system capacity is 22 qts. (20.8 L). Engine has three (3) operating speeds: Low 1200 rpm High 2100 rpm PF41002 GLOBAL ENGINE: This option used for any machine shipped outside the US or Canada. ELECTRIC SCREED CONTROL - BASIC JOINT MATCH PF51001 ELECTRONIC GRADE & SLOPE SYSTEM LESS CONTROL & SENSOR MODULES PF51002 AUTOMATIC LEVEL CONTROL - DUAL (Joint Matcher): PF51003 AUTOMATIC LEVEL CONTROL - SINGLE (Joint Matcher): SCREED CONTROLS - MECHANICAL PF52001 BLAW-KONTROL° II- GRADE &SLOPE (Mechanical): PF52002 BLAW-KONTROO 11- SINGLE GRADE without Slope (Mechanical) PF52003 BLAW-KONTROL" II - DUAL GRADE without Slope (Mechanical) PF52004 DUAL GRADE SENSOR KIT (Mechanical): Requires PF52001 SCREED CONTROLS - SONIC V PF53001 BLAW-KONTROL° II- GRADE & SLOPE ELECTRONICS (Sonic- UltraEye V) PF53002 BLAW-KONTROL' 11 - SINGLE GRADE without Slope (Sonic-UltraEye V) PF53003 BLAW-KONTROLO 11- DUAL GRADE without Slope (Sonic-UltraEye V) PF53004 DUAL GRADE SENSOR KIT (Sonic-UltraEve V) Requires PF53001 SPECIFICATIONS MODEL PF-4410 =t. - PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 7 GRADE REFERENCE SYSTEMS PF55001 30'(9.14 m) FLOATING BEAM ASSEMBLY: PF55003 SINGLE 20'(6.10 m) MAT REFERENCE: PF55004 DUAL 20'(6.10 m) MAT REFERENCE: PF55005 SINGLE 55'(16.77 m) MOBILE REFERENCE SYSTEM: PF55006 DUAL 55'(16.77 m) MOBILE REFERENCE SYSTEM: LIGHTING PF56001 WORK LIGHT PACKAGE: Two front-mounted and four rear-mounted halogen lights provide supplemental work area illumination. PF57001 WORK LIGHT PACKAGE with LIGHT BEACON: A light package that combines Article Number PF56001 and Article Number PF59001. PF59001 LIGHT BEACON: Mast mounted strobe warning light with double flash provides SMV (Slow Moving Vehicle) awareness without impairing operator's vision. GAUGE PF59201 ELECTRIC FUEL GAUGE: Kit includes display gauge, fuel sender and required wiring harnesses and hardware to install gauge in the engine panel. OTHER AUGER & AUGER GUARD KITS PF81001 10' (3.00 m) PAVING - AUGER & GUARD KIT: Three each left-hand and right-hand cast auger sections, two auger guards, two outer shaft tubes, four cast shaft covers, two 10" (305mm) tunnel shields and mounting hardware. Approximately 18'9" (3.28 m) of actual auger. PF81002 12' (3.66 m) PAVING - AUGER & GUARD KIT: Three each left-hand and right-hand cast auger sections, two auger guards, two outer shaft tubes, four cast shaft covers, two 12" (305mm) tunnel shields and mounting hardware. Approximately 10' 9" (3.28 m) of actual auger. PF81003 14' (4.27 m) PAVING - AUGER & GUARD KIT: Consists of a 12' (3.66 m) kit plus two inner shaft tubes, two intermediate shafts, two 12" (305 mm) tunnel shields, two bracket weldments, one each left and right hand outer support SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER [DATE September 2012 SALES CODE PAGE: 8 bearings, two dirt shields and mounting hardware. Approximately 13' 3" (4. 4 m) of actual auger. PF81004 16' (4.88 m) PAVING - AUGER & GUARD KIT: Five each left-hand and right-hand cast auger sections, four auger guards, four outer shaft tubes, eight cast shaft covers, one each left and right outer support bearings, two inner shaft tubes, two intermediate shafts, six 12" (305 mm) tunnel shields, two bracket weldments, two dirt shields and mounting hardware. Approximately 14' 6" (4.42 m) of actual auger. PF81005 I8' (5.49 m) PAVING -AUGER & GUARD KIT: Consists of a 16' (4.88 m) kit plus one each left-hand and right hand cast auger sections, two 12" (305mm) tunnel shields and mounting hardware. Approximately 16' 0" (4.88m) of actual auger. PF81006 20' (6.10 m) PAVING - AUGER & GUARD HIT: Consists of a 16' (4.88 m) kit plus two each left-hand and right hand cast auger sections, two 12" (305 mm) tunnel shields, two intermediate shaft tubes, two support weldments, one each left and right tunnel extension slide and mounting hardware. Approximately 17' 10" (5.43 m) of actual auger. MATERIAL HANLING FEEDER SYSTEMS PF83002 MATERIAL INDICATOR KIT: Electrical sensors, mounted on the lower portion of the flow gates, audibly warn the machine operation when the material level drops below a preset level at the conveyor tunnel entry. PF83005 MATERIAL MANAGEMENT KIT WITHOUT CHAIN KIT: A system of deflectors, guards, extended floor plates, and a modified auger arrangement that directs material through the conveyor tunnel area to the front of the screed. The system assists in providing a more consistent, homogeneous, mix of material to the screed and in maintaining an even "head" of material. ADDITIONAL EQUIPMENT OPTIONS PF84015 SPECIAL COLOR PAINT: (1) Coat - (1) Color only. Specify paint spec. number, paint chip (required), manufacturer's name if available, and consult factory. SCREEDS SCREED PF91002 8'(2.44 m) WEDGE-LOCW© SCREED and DIESEL ONLY HEAT SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 9 PF91004 8' (2.44 m) WEDGE-LOCW© SCREED with 2.5/5B HYDRAULIC EXTEN- SIONS and DIESEL ONLY HEAT: PF91006 8' (2.44 m) OMNISCREEDO IA and DIESEL ONLY HEAT with Remote Control Stations: PF91007 ULTIMAT® 16 w/POWER CROWN & POWER SLOPE KIT and ELECTRIC HEAT with ATIC and Remote Control Stations: PF91008 ULTIMATA 16 w/POWER CROWN & POWER SLOPE KIT plus LH & RH BERM for 12" (305mm) and ELECTRIC HEAT with ATIC and Remote Control Stations: PF91009 ULTIMAT© 16 w/POWER CROWN & POWER SLOPE KIT plus LH & RH BERM for 18" (458mm) and ELECTRIC HEAT with ATIC and Remote Control Stations: PF91010 ULTIMATO 16 w/POWER CROWN & POWER SLOPE KIT plus LH & RH BERM for 24" (610mm) and ELECTRIC HEAT with ATIC and Remote Control Stations: CROWN KIT - OMNI 1A PF91101 DUAL CROWN KIT for OMNISCREED© IA: PF91102 POWER CROWN KIT for OMNISCREED© IA: CROWN KIT - WEDGE-LOCK@ PF91301 DUAL CROWN KIT for vVEDGE-LOCKO SCREED: SCREED KIT PF91401 10'(3-05 m) Vibratory WEDGE-LOCK® SCREED KIT PF91402 11' (3.35 m) Vibratory WEDGE-LOCK® SCREED KIT PF91403 12' (3.66 m) Vibratory WEDGE-LOCKO SCREED KIT PF91405 13' (3.96 m) Vibratory WEDGE-LOCKO SCREED KIT PF91406 14' (4.27 m) Vibratory WEDGE-LOCKO SCREED KIT PF91408 15' (4.57 m) Vibratory WEDGE-LOCK© SCREED KIT PF91410 17' (5.18 m) Vibratory WEDGE-LOCKO SCREED KIT SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 10 PF91412 19' (5.79 m) Vibratory WEDGE-LOCK© SCREED KIT PF91414 21' (6.40 m) Vibratory WEDGE-LOCKQ SCREED KIT PF91415 23' (7.01 m) Vibratory WEDGE-LOCK© SCREED KIT PF91416 25'(7.62 m) Vibratory WEDGE-LOCKe SCREED HIT SCREEED EXTENSION - WEDGE-LOCK@ PF91602 12" (305 mm) SCREED EXTENSION: PF91605 12" (305 mm) SCREED EXTENSION: PF91609 24" (610 mm) CROWNABLE SCREED EXTENSION: PF91611 36" (914 mm) SCREED EXTENSION: PF91614 36" (914 mm) SCREED EXTENSION with VIBRATION and HEAT: PF91616 36" (914 mm) SCREED EXTENSION with VIBRATION: PF91619 6" (152 mm) SCREED EXTENSION: WEDGE-LOCKO OPTIONS PF91701 WEDGE-LOCKe PROPANE KIT: Unitized, propane fueled, SureFire" burner/blowers, each equipped with `Automatic Temperature and lgnition Control. The ATIC system automatically ignites the heaters to preheat and maintain the temperature of the screed plate within a 14° F (8° C) range of any preselected temperature within the systems operating capability range of 125° to 320°F (50° to 160° Q. Flame failure and high temperature shutdown protection are integral safety features of the ATIC system. This option includes propane bottle mount, pressure regulator valve and connector tubing. Does not include propane bottle. SCREED EXTENSIONS - OMNI 1A PF91801 12" (305 mm) EXTENSION for OMNISCREED© IA PF91802 12" (305 mm) EXTENSION with VIBRATION for OMNISCREED© IA: PF91803 6" (152 mm) SCREED EXTENSION: Special 6" (152 mm) modular extension, available without vibration, can be installed on the outer end of either or both of the extendible sections to increase paving width. SCREED OPTIONS SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER 3 DATE: September 2012 SALES CODE PAGE: 11 PF91901 OMNI IA PROPANE KIT: Unitized, propane fueled, SureFireo burner/blowers, each equipped with *Automatic Temperature and Ignition Control. The ATIC system automatically ignites the heaters to preheat and maintain the temperature of the screed plate within a 46° F(8° C) range of any preselected temperature within the systems operating capability range of 125° to 320°F (52° to 160° C). Flame failure and high temperature shutdown protection are integral safety features of the ATIC system. This option includes propane bottle mount, pressure regulator valve and connector tubing- Does not include propane bottle. SCREED EXTENSIONS - OMNI IIIA PF92001 12" BOLT ON EXTENSION: No vibration PF92002 LEFT HAND 12" BOLT ON EXTENSION: With vibration PF92003 RIGHT HAND 12" BOLT ON EXTENSION: With vibration PF92004 24" BOLT ON EXTENSION: CROWNABLE SCREED EXTENSIONS - OMNI 1000 PF92201 RIGHT HAND 49.2" BOLT ON EXTENSION: PF92202 LEFT HAND 29.5" BOLT ON EXTENSION: PF92203 RIGHT HAND 29.5" BOLT ON EXTENSION: PF92204 LEFT HAND 49.2" BOLT ON EXTENSION: SCREED EXTENSIONS - OMNNI 318 PF92301 12" BOLT ON EXTENSION: With Heat PF92302 LEFT HAND 12" BOLT ON EXTENSION: With Heat and vibration PF92303 RIGHT HAND 12" BOLT ON EXTENSION: With Heat and vibration PF92304 18" (457 mm) TAPER JOINT EXTENSION PF92305 6" BOLT ON EXTENSION SCREED EXTENSIONS - ULTIMAT SPECIFICATIONS • MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 12 PF92401 6" CUT-OFF SHOE EXTENSION (ULTIMAT): A cut-of shoe- extension plate to be used in conjunction with Article # PF92402 and/or PF92403 to further reduce the paving width of the Ultimat screeds. PF92402 LEFT HAND 6" (152 mm) CUT-OFF SHOE ADAPTOR: PF92403 RIGHT HAND 6" (152 mm) CUT-OFF SHOE ADAPTOR: PF92404 12" (305 mm) SPECIAL SCREED EXTENSION for ULTIMAT° 16: PF92405 18" (457mm) SPECIAL (LH) TAPERED & NOTCHED SCREED EXTENSION for ULTIMAT° 16 PF92406 18" (457mm) SPECIAL (RH) TAPERED & NOTCHED SCREED EXTENSION for ULTIMAT©16 ADDITIONAL SCREED OPTIONS PF92501 18" (457 mm) CUT-OFF SHOE WELDMENT: PF92502 6" (152 mm) CUT-OFF SHOE EXTENSION: PF92503 ADJUSTABLE CUT-OFF SHOE WELDMENT: PF92504 12" (305 mm) CUT-OFF SHOE EXTENSION: PF92505 12" (305 mm) SPECIAL EXTENSION for 2.5/5B: PF92506 12" (305 mm) SPECIAL LEFT HAND EXTENSION for 3/6 PF92507 12" (305 mm) SPECIAL RIGHT HAND EXTENSION for 3/6 PF92508 3" (76 mm) BEVEL EDGER PLATE PF92509 1.5" (38 mm) BEVEL EDGER PLATE KIT PF92510 BERM ATTACHMENT for 2.5/513 HYDRAULIC EXTENSIONS: PF92511 BEVEL EDGER GUIDE 1.5" PF92513 BEVEL EDGER GUIDE 3.0" PF92514 Auxiliary 120 volt Power Kit for ULTIMAT' 16: Provides 9.5 kW of electric power for lighting on night paving and for small power tools. Auxiliary power supply box contains six (6) twist-lock 20 amp receptacles. One (1) outlet is "permanent" and five (5) outlets are controlled by the Energy Management System. Maximum load is 1500 watts each outlet, total maximum load is 9000 watts- One (1) duplex plug in outlet box is also provided. SPECIFICATIONS -r~ MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 13 PF92515 Auxiliary 240 Volt Power Kit for ULTIMATA 16: Provides 9.5 kW of electric power for lighting on night paving and for small power tools. Auxiliary power supply box contains five (5) twist-lock 20 amp receptacles. One (1) outlet is "permanent" and four (4) outlets are controlled by the Energy Management System. Maximum load is 1500 watts each outlet, total maximum load is 7500 watts. PF92516 POWER SLOPE for 2.51513 HYDRAULIC EXTENSIONS: PF92518 SPANISH LANGUAGE MANUALS PF92520 10" ROUND NOSE CONVERSION KIT PF92521 SCREED REMOTE CONTROLS (Set of 2): Handheld remote controls providing electrical operation for screed extension (in/out), auger override, and tow point control. (Previously listed as option PF84002) i 4/9/2014 FrequentlyAsked Questions (FAQs) HGACBuy THE SR/ART PURCH~151NG SDlUTION ' - Lfic; li7 GENERAL PURPOSE INFRASTRUCTURE COMMUNICATIONS GROUNDS PUBLIC EMERGENCY CONSULTING EM E¢GENCY COOPERATIVE & EMERGENCY EQUIPMENT & EQUIPMENT & FACILITIES & WORKS EQUIPMENT & LEASING & STAFFING PREPAREDNESS & ENERGY VEHICLES SERVICES SERVICES PARKS EQUIPM ENT EQUIPMENT SUPPLIES ! SERVICES DISASTER RECOVERY PURCHASING You arc here: Home > In ro mrat'on About The Program > FrequenllyA~ d Questions (FAQs) ~'.i INFORMATION ABOUT THE PROGRAM FREQUENTLY ASKED QUESTIONS (FAQS) Q: What is II-GAC? A: The Houston-Galveston Area Council (H-GAC) is a regional council ofgovernments operating under the laws of the State of Texas and gov ernedby a board comprised 0135 elected officials ft out the 13 county region. The H-GAC Board awards all contracts, which can then be made available to local governments nationwidethru 11GACRuy. Q: How does HGACBuy worlc? A: Government entitiesjoin by executing an Interlocal Contract toparticipate in HGACBuy. This document sets out the conditions, requirements and processes through which an entity's purchase orders are received, confirmed tocontract and processed, Q: Can nay entity purchase through HGACBuy•? A: The Texas hiterlocal Cooperation Act permits joint participation by local governments, states, state agencies, and certain non-profit corporations. Most states have intelocal cooperation authority or other joint power provisions that allow participation in cooperative activities. Q:Ihave to advertise for bids therefore I can't purchase thru HGACIIUy. A: HGACBuy uses mass circulation, minority emphasis print media, and internet services to post legal notices and bid solicitations. Therefore, posting of public notices tosolicit bids and the formal competitive bid process are satisfied thru HGACBuy procedures. Q: What other services are offered through the HGACBu}' program? A: Researching products, writing specifications, holding pre-bid conferences, assisting with order placement, contacting vendor reps, helping to resolve order issues, and reviewing and certifying purchase orders to confirm compliance with any specific HGACBuy contract. Q; What is the difference between HGACBuy and some other cooperatives? A: HGACBuy is a unit of local government and a political subdivision of the State Of Texas. The HGACBuy Program is over 3o years old and specializes in high ticket, capital intensive products and services that require technical, detailed specifications and extensive professional skills to evaluate bid responses. All products offered tb rough HGACBuy have been awarded by virtue of a public competitive process. There are no annual meni bership dues required topurchase thru HGACBuy. Q: Where do I find information on products offered through HGACBuy•? A: Access HGACBuy's tveh site at www.ligacbuy.org for a complete listing of products with descriptions, prices, contractors and/or contacts. Q: NVhat products arc available thru HGACBuy? A: Prim arily, products that are utilized in Public Safety, Public Works, and Cam munieations, in addition to professional consulting, personnel and financing services. A wide variety nfcapital equipment is tinder contract, and lire a unique feature of HGACBuy it can becustomized through the use of puhlished and unpublished options to fit your specifications and requirements. Q: Can 1purehase on-line.? A: Because of the it attire of most of the products and sei vices we have ender contract, we prefer thatyou speak with a contractor's representative and get a detailed price quote before placing an order. This is to insure that you get whatyou want, configured like you want it. Use the HGACBuy website infer basic information and toget the contractor's telephone and email address. After you receive your written quotation and have reviewed it, prepare your purchase order to the Contractor and fax a copy to HGACBu}•. Q: What dues it cost to join HGACBuy? Horvis HGACBuy funded? A: HGACBuy, is a self funded "Enterprise Fund" government agency, self-supported thru an administrative fee assessed to the contractor. An "Order Processing Charge"(Administrative Fee) will appear on quotation forms for purchases of motor vehicles in the State of Texas in accordance with State of Texas, Department of Transportation, Division of blotor Vehicles requirements. Q: What are the benefits of HGACBuy? I want to inform racy elected officials and staff.; A: We give you access to volume purchasing and discounts. • We put over 200 years ofcombined purchasing experience to work on your behalf. • We write technical specifications eliminate the need to hire consultants for that purpose. • We absorb the costs associated with publishing legal notices. • We offer you an expedited procurement process soyou need not be delayed for months preparing specifications and satisfying all of the other requirements far competitive bids and proposals. Q: Where tosend nay payments to H-GAC? A: Sending Coop Payments to H-GAC: Li order to avoid delays in the receipt and/or application of your remittance we recom mend that http:/Arww.hg acbuy.org/prog rarn/faq/defaul t.aspx 1/2 4/912014 FrequentlyAsked Questions (FAQs) HGACBuy you forward all coop payment checks made payable to the lIouston Galveston Area Council and sent to our bank lock box P.O. Box 301427, Da 11 as'rR 75303-1427. on all remittances please reference the H-GAC invoice nunther(s) you wish payment lobe applied. I Sending Energy Payments to 11-GAC: I. In order t0 avoid delays in the receipt and/or application of), our remittance the recomm end that you forward all Energy payment checks to ade payable to the Houston-Galveston Area Council and seat to our bank lock box P.O. Box 301497, Dallas TX 75303-1427. on all remittances please reference the II-GACinvoice number(s) you wish payment to be applied. Also feel free to contact the HGAC Finance Department with questions regarding invoices, wiring instructions, or remittance advice. For m ore in formation, contact us: HGACBny 3555 Timmons Lune; Suite 12o i Houston, T% 77027 - Phone: (boo) 926-0234 Fax: (713) 993-4545 Web: www hcachuv ore i Copyright( D2014 H-GAC. All Rights Reserved. i I I I II hUp://w~%w.hgacbuy.org/progranVfaq/default.aspx 212 CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Appointment to Wildfire Mitigation Commission FROM: Barbara Christensen, City Recorder, christeb(Da ashland.or.us SUMMARY This item confirms the Mayor's appointment of Doug Kay to the Wildfire Mitigation Commission with a term to expire April 30, 2016. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Wildfire Mitigation Commission. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Doug Kay to the Wildfire Mitigation Commission with a term to expire April 30, 2016. SUGGESTED MOTION: Motion to approve Doug Kay to the Wildfire Mitigation Commission with a term to expire April 30, 2016. ATTACHMENTS: Application Page 1 of 1 ~r, 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 christeb0)ashland.or.us. if you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Requesting to serve on: (Commission/Committee) Address Occupation IT' I - Phone: Home` Work Email C~'U u ~f Fax yj , 1. Education Background What schools have you attended?.'- t~~ t i r~ _ !t4°' What degrees do you hold? What additional training or education have you had that would apply to this position? n 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? N t? Mks i . ;4s``~:tz-.f? watt' P " 1 t. r 3 j !R -k L4 [ e- liras 1 Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? r/ I 3. Interests A 4 Why are you applying for this position? UI'V Al -fir' Ili ° f'=f '21" 0 [ b 1 / Al r a lJ U1 t'i !l r s bra: } e~✓ e_~+ r! 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? 4- 44 5. Additional Information How long have you lived in this community? 11uf !"-•fd' Please use the space below to summarize any additional qualifications you have for this position Q G~ o J/ A) VO /0 1,00 7-Ae F1 /C A Al x, { , r ~!J Y { t 06~ Al j,. 61. Date Signature CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Appointment to Airport Commission FROM: Barbara Christensen, City Recorder, christebAashland.or.us SUMMARY This item confirms the Mayor's appointment of Sherman Lucas to the Airport Commission with a term to expire April 30, 2017. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Airport Commission. Ashland Municipal Code (AMC) Chapter 2.17.020 FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Sherman Lucas to the Airport Commission with a term to expire April 30, 2017. SUGGESTED MOTION: Motion to approve Sherman Lucas to the Airport Commission with a term to expire April 30, 2017. ATTACHMENTS: Application Page 1 of 1 ~r, 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@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Sherman Lucas Requesting to serve on: Airport Commission (Commission/Committee) Address 420 Taylor Street Ashland, OR 97520 Occupation DairP Manufacturing Consultant Phone: Home 541-482-2081 Work 503-801-1601 Emai lbeo wutfl Cd,,c h arter. net Fax 1. Education Background What schools have you attended? Washington State University, Pullman WA What degrees do you hold? B.S., Food Science and Technology B.A., Business Administration What additional training or education have you had that would apply to this position? Renton Aviation, FAA approved school (ASEL): Private Pilot Commercial Pilot Instrument Rating 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Several decades of business management positions (in dairy and food manufacturing operations of tip to 500 folks). Have played major roles in the construction, startup, and running of 15 large and modern food plants (including two of the largest yogurt plants in the US.) Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? No C.R 3. Interests Why are you applying for this position? I am throttling back my consulting business and am essentially semi-retired, but would like to remain a full participant in local functions and business. 4. Availabilitv Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, and have no preference on meeting times. 5. Additional Information How long have you lived in this community? Ten years. Please use the space below to summarize any additional qualifications you have for this position 1 have my own plane that I keep at this airport. June 5, 2015 Sherman L. Lucas` Date Signature CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Downtown Beautification Project Update FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY Council previously requested to review and approve the final designs associated with the approved Downtown Beautification projects. Staff is providing Council with the designs and a construction schedule update for four upcoming Downtown Beautification projects: 1. The Lithia/Pioneer parking lot landscaping improvements; 2. The Winburn Way corner near the Lithia Park entrance; 3. The northeast corner of Lithia and Pioneer; and 4. Planter boxes and landscaping improvements on the Plaza. BACKGROUND AND POLICY IMPLICATIONS: At the direction of Council, staff publicly advertised formal Request for Proposals (RFP) for landscape and hardscape design work associated with upcoming downtown beautification projects as recommended by the Downtown Beautification Committee and approved by the Council. The RFPs were approved by the City Council at the October 21, 2014 meeting. The City received two responses to both RFPs: Mackenzie in Portland and Dougherty Landscape Architects in Eugene. No proposals were received from local firms. As recommended by staff at the December 16, 2014 meeting, all proposals were rejected and staff initiated an informal selection process. Council required the final designs come back for approval before proceeding with construction. Covey Pardee Landscape Architects and KenCairn Landscape Architects were selected through an informal process to develop designs for the projects approved by Council. Covey Pardee was selected for the Plaza improvements and KenCairn was selected for the Pioneer parking lot, Winburn Way corner and corner of Lithia and Pioneer improvements. KenCairn Landscape Architects has completed the designs and specifications associated with the Pioneer parking lot, Winburn Way corner, and the triangle adjacent to Lithia Way and Pioneer St. The designs were taken to the Tree Commission for discussion regarding tree removal, protection and replanting at the May 7, 2015 meeting. (Click here for meeting minutes.) The parking lot design calls for demolition of some existing trees, shrubs and irrigation system. New trees, shrubs, irrigation, concrete pathways, fencing and lights will be installed as part of the final improvement. The corner of Lithia Way and Pioneer St. calls for new planting materials, new retaining/seat wall and ADA handrail for access to existing building. Covey Pardee Landscape Architects completed the design and specifications associated with the recommended Plaza improvements. The Plaza improvements call for additional plantings, a 1/2 height barrier fence and three additional above-ground planters. Page I of 2 PEA, CITY OF ASHLAND Schedule The previous timeline was to award, design and construct by June of 2015. Due to the additional time required to obtain design services staff has developed a new timeline to minimize construction disturbances to both downtown parking and local businesses along with taking the drought into account. Staff expects the work to occur in phases starting in late fall with all projects being finished by April of 2016. Estimated project schedule: Fall (September thru November): Bid and construct Plaza improvements and ADA improvements at the corner of Winburn Way. Winter (December thru March): Bid and construct Pioneer parking lot improvements and the triangle improvements at the corner of Lithia Way and Pioneer. January (December thru March): Bid and construct Winburn Way corner improvements. FISCAL IMPLICATIONS: The Downtown Beautification Committee recommended $67,500 in transient occupancy tax be allocated for construction of the above referenced projects. To date a total of $17,400 in design funds for the projects has been encumbered for these projects. Public Works will contribute approximately $7,300 for concrete safety improvements. STAFF RECOMMENDATION AND REQUESTED ACTION: Move to approve final designs by Covey Pardee and KenCairn Landscape Architects. SUGGESTED MOTIONS: I move approval of the final downtown beautification project designs created by Covey Pardee and KenCairn Landscape Architects. ATTACHMENTS: Letter from Historic Commission For further attachments, please see the packet from the August 4, 2015 meeting. Page 2 of 2 Ir, CITY OF ASHLAND August 7, 2015 Re: Changes to Downtown Plaza Dear Honorable Mayor and City Council, The Historic Commission respectfully requests an opportunity to review the proposed changes to the downtown plaza in the local and nationally registered Downtown Historic District at the September 2 Historic Commission meeting. We understand the item is planned for the August 18 City Council meeting agenda and request postponement of the decision so that the Historic Commission may submit comments. Sincergly Terry Skibby Historic Commission Chair Planning Division Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 FAIR Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us seversod(o)ashland.or.us CITY OF -ASH LAN D Council Communication August 18, 2015, Business Meeting Appointments to Ad-Hoc Climate Action and Energy Committee FROM: Adam Hanks, Management Analyst, adam@ashland.or.us SUMMARY With Council approval at the June 2, 2015, Council meeting, Mayor Stromberg created an ad-hoc committee for oversight of the Climate Action and Energy plan process. Mayor Stromberg is requesting Council confirmation of an initial set of four committee members, with additional members to be confirmed at a future date. BACKGROUND AND POLICY IMPLICATIONS: At the March 16, 2015, Council study session, the Conservation Commission, through its Climate/Energy sub-committee, presented a plan framework for a community climate action and energy plan. Consistent with that framework, the Commission presented a request to Council at the June 2, 2015, Council meeting to establish an ad-hoc committee to oversee the planning, development and public process associated with the community Climate Action and Energy plan. The Committee will be initially composed of a core "start-up" group made up three members of the Conservation Commission climate/energy sub-committee, two citizens and one City Council member, serving as a voting committee chair. Additional members will likely be added as the process begins to take shape and specific roles and responsibilities are identified. The proposed Council and Conservation Commission committee members for Council confirmation are as follows: Council Member Conservation Commissioners Rich Rosenthal James McGinnis Roxane Beigel-Coryell Bryan Sohl The citizen members will be appointed at a later date. The draft scope of work for the Committee is as follows: The ad hoc Climate Change and Energy Action Plan Committee is charged with making recommendations to the City Council regarding a climate change and energy action plan intended to identify existing andpotential vulnerabilities and develop an organized and prioritized set of actions to protect people and resources from the ongoing impacts of climate change. The plan shall include targets and strategies for reduction of greenhouse gas emissions in Ashland. These targets and strategies may be short- mid- or long-term, and shall consider cost, feasibility, community acceptance Page I of 2 Ir, CITY OF ASHLAND and likelihood of success, with an emphasis on voluntary measures that can be undertaken by different sectors of the community. The plan shall include specific, measurable actions that citizens and local institutions can undertake immediately upon adoption of the plan. The Committee shall review similar plans in comparable communities, consult as necessary with local subject matter experts in the areas of transportation, energy, land use and infrastructure (and other areas as the Committee deems advisable), and identify implementation steps as appropriate. The Committee shall, in consultation with City staff and consultants, determine its own workplan and project timeline, however the activities of consultants hired by the City to work on the plan or technical reports associated with the plan shall be directed by the City and not by the ad hoc committee. The ad hoc committee shall not create and appoint subcommittees without the prior consent of the City Council. Unless otherwise directed by the City Council, the Climate Change and Energy Action Plan shall be delivered to the City Council by January 31, 2017. The Committee shall, in the course of its work: • Provide ample opportunity for public input and, feedback; and • Present its recommendations in writing so they can be easily shared with the public. FISCAL IMPLICATIONS: As a formal ad-hoc committee, the meetings will be noticed and staff will provide committee support, meeting agenda/prep and minute taking activities. Due to the wide scope of the plan, staff from multiple departments will be involved in various elements of the project. Overall Climate Action & Energy Plan project budget that includes consultant services to assist in technical data collection and overall plan development was approved in the BN 2015-17 budget with a $120,000 appropriation. STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to accept Mayor Stromberg's appointments to the Ad-Hoc Climate Action and Energy Committee. ATTACHMENTS: None. Page 2 of 2 mill CITY OF ASHLAND Council Communication August 18, 2015, Business Meeting Annual Renewal of Liquor Licenses FROM: Barbara Christensen, City Recorder, christebAashland.or.us SUMMARY Approve annual renewals on liquor licenses as requested by Oregon State Liquor Commission. BACKGROUND AND POLICY IMPLICATIONS: There are approximately 100 applications that will need to be renewed between September and October 2015 as their license expires on September 30, 2015. Staff has reviewed the submitted list by OLCC for licenses that are eligible for renewal. All businesses that have current business licenses, current on city food and beverage tax (or have payment arrangements), and have no renewal fees owed will be approved as they are made current. The Police Chief has reviewed the list of businesses and his memo is attached for your consideration on the renewal of these liquor licenses. Police Chief O'Meara provided further information on two establishments, the Vinyl Club and the Granite Tap House. He does not necessarily recommend that these two establishments "not be granted a renewal" and has provided to the Council background violation occurrences. The guidelines from the Oregon Liquor Control Commission were used when examining these establishments, and their respective owners, to determine if any qualifying violations occurred. OLCC have provided a deadline date of September 3, 2015, for submitting a written renewal recommendation. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Approve the OLCC renewal list for liquor licenses in ASHLAND that staff has determined are eligible for license renewal that includes or does not include the Vinyl Club and the Granite Tap House. SUGGESTED MOTION: I move to approve the OLCC renewal list for liquor licenses in Ashland that staff have determined are eligible for license renewal. That list (includes or does not include) the Vinyl Club and the Granite Tap House. Page I of 2 Ir, CITY OF -AS H LA N D ATTACHMENTS: OLCC License Renewal List Police Chief Memo Page 2 of 2 REASONS WE MAY DENY OR RESTRICT A LICENSE ORS 471.313 (4)(5), OAR 845-005-0320, 845-005-0321, 845-005-0322 845-005-0325, 845-005-0326(4)(5) or 845-005-0355 The following is a list of problems relating to the APPLICANT or BUSINESS that Of,CC can consider to refuse or restrict a license: 1. Applicant has a habit of using alcohol or drugs to excess 2. Applicant makes a false statement to OLCC (must be related to a refusal basis) 3. Applicant has been convicted of local, state or federal laws that are substantially related to the fitness of holding a liquor license 4. Applicant has demonstrated poor moral character 5. Applicant has a poor record of compliance when previously licensed by OLCC 6. Applicant is not the legitimate owner of the business 7. The business has a history of serious and persistent problems at this location. The problems can include: obtrusive or excessive noise, music or sound vibrations public drunkenness fights or altercations harassment unlawful drug sales alcohol or related litter OLCC is not able to consider the following issues when deciding to renew a liquor license: lack of parking increase in traffic too many licenses in a specific area (saturation) entertainment type - nude dancing, gambling, live bands, etc. increased noise zoning issues Visit www.oregon.gov/olce/ to see the full text of ORS and OAR referenced above. In order for an unfavorable recommendation from a local government to be valid, the grounds must be found in the license refusal bases of ORS 471.313(4), 4713] 3(5), OAR 845-005-0320, 845-005-0321, 845-005-0322, 845-005-0325 or 845-005-0326(4)(5) or the license restriction bases of OAR 845-005-0355, and must be supported by reliable factual information. 06/30/2015 Local Government Notification: Renewing Licenses Page 1 of 6 Dist. # 4 Local Government: ASHLAND License License Premises Tradename Participant Type Premises Address 208188 5602 7-ELEVEN STORE #2362-18154B CHERRY, BERNIE 0 1281 SISKIYOU BLVD, ASHLAND, OR 97520 219393 54162 ABC KITCHEN ABC KITCHEN CATERING LLC F-COM 300 E HERSEY ST #12C, ASHLAND, OR 97520 212831 53676 AGAVE OCAT INC F-COM 5 GRANITE ST, ASHLAND, OR 97520 207693 21264 ALBERTSON'S #573 ALBERTSON'S LLC 0 2301 ASHLAND ST. ASHLAND, OR 97520 207811 11197 AMUSE RESTAURANT AMUSE RESTAURANT INC F-COM 15 N FIRST ST, ASHLAND, OR 97520 210583 50259 ANYA'S THAI BISTRO TENNYSON, TODD D L 33 N 3RD ST, ASHLAND, OR 97520 50259 SAMLARN, WARANYA 207617 52341 ASHLAND FOOD CO OP ASHLAND FOOD COOPERATIVE L 300 N PIONEER ST, ASHLAND, OR INC 97520 207616 22636 ASHLAND FOOD COOPERATIVE ASHLAND FOOD COOPERATIVE 0 237 N 1 ST ST, ASHLAND, OR 97520 209238 52725 ASHLAND MOUNTAIN ROUSSEL, WILLIAM E L 700 MISTLETOE RD #105, ADVENTURES ASHLAND, OR 97520 52725 O'DALY, SUZANNE M 209598 35175 ASHLAND SPRINGS HOTEL MARK ANTHONY HISTORIC 0 212 E MAIN ST, ASHLAND, OR PROPERTY LLC 97520 209643 35175 ASHLAND SPRINGS HOTEL MARK ANTHONY HISTORIC F-COM 212 E MAIN ST, ASHLAND, OR PROPERTY LLC 97520 214914 22904 ASHLAND VALERO FASTBRFAK OF OREGON LLC 0 2495 ASHLAND ST, ASHLAND, OR 97520 209861 8724 ASHLAND WINE CELLAR ASHLAND WINE AND SPIRITS 0 38 LITHIA WAY, ASHLAND, OR LLC 97520 207938 25224 BEASY'S ON THE CREEK BEASY BOB INC F-COM 51 WATER ST #333, ASHLAND, OR 97520 207939 25224 BEASY'S ON THE CREEK BEASY BOB INC 0 51 WATER ST #333, ASHLAND, OR 97520 209813 6594 BEAU CLUB DREISZUS, ROBERT L F-COM 347 E MAIN Sl, ASHLAND, OR 97520 6594 DREISZUS, ANNRAE T 210545 39671 BI MOR #11 ASHLAND TEXACO BI-MOR STATIONS INC 0 2371 ASHLAND, ASHLAND, OR 97520 207993 6307 BI-MART #608 BI-MART CORP 0 2280 ASHLAND ST, ASHLAND, OR 97520 209613 42894 BONSAI TERIYAKI II SUTAE CORPORATION L 2305 ASHLAND ST #A, ASHLAND, OR 97520 209563 16881 BRICKROOM BRICK ROOM LLC F-COM 35 N MAIN ST, ASHLAND, OR 97520 207604 11996 BROTHER'S RESTAURANT DURANT NEWTON F-COM 95 N MAIN, ASHLAND, OR 97520 ENTERPRISES INC 210015 50421 CALDERA BREWING COMPANY CALDERA BREWING COMPANY F-COM 590 CLOVER LN, ASHLAND, OR INC 97520 210327 50421 CALDERA BREWING COMPANY CALDERA BREWING COMPANY BP 590 CLOVER LN, ASHLAND, OR INC 97520 06/30/2015 Local Government Notification: Renewing Licenses Page 2 of 6 Dist. # 4 Local Government: ASHLAND License License Premises Tradename Participant Type Premises Address 210016 26210 CALDERA TAP HOUSE CALDERA BREWING COMPANY F-COM 31 B WATER ST, ASHLAND, OR INC 97520 210328 45829 CALDERA TAP HOUSE CALDERA BREWING COMPANY BP 31 B WATER ST, ASHLAND, OR INC 97520 207820 48148 CAMPUS SHELL - BIMOR #12 BIMOR STATIONS INC 0 1515 SISKIYOU, ASHLAND, OR 97520 208191 24614 CHEVRON FOOD MART COLVIN OIL COMPANY INC 0 2500 ASHLAND ST, ASHLAND, OR 97520 208101 44690 CHOZU BATH AND TEA GARDEN CHOZU BATH AND TEA GARDEN O 832 A ST, ASHLAND, OR 97520 LLC 209851 44691 CHOZU BATH AND TEA GARDEN CHOZU BATH AND TEA GARDEN L 832 A ST, ASHLAND, OR 97520 LLC 209856 50815 CLUB 66 ULIZZI, MICHAEL L 1951 ASHLAND ST, ASHLAND, OR 97520 209275 47729 COQUINA COQUINA LLC 0 542 A ST, ASHLAND, OR 97520 209988 47730 COQUINA COQUINA LLC F-COM 542 A ST, ASHLAND, OR 97520 208759 19531 CREEKSIDE PIZZA BISTRO PDH INC F-COM 92 112 N MAIN ST, ASHLAND, OR 97520 208076 13363 CUCINA BIAZZI HEART FRIENDLY INC F-COM 568 E MAIN ST, ASHLAND, OR 97520 210273 39082 DRAGONFLY GROOVEWORKS LLC F-COM 241 HARGADINE ST, ASHLAND, OR 97520 209608 40340 EL PARAISO MEXICAN CUISINE NUNEZ, JESUS F-COM 545 CLOVER LN, ASHLAND, OR 97520 40340 NUNEZ, RUTILA 209260 52936 ELEVEN SALTWORKS LLC 0 11 N 1ST ST #101, ASHLAND, OR 97520 209479 52937 ELEVEN SALTWORKS LLC F-COM 11 N 1ST ST #101, ASHLAND, OR 97520 209804 6595 ELKS LODGE #944 ASHLAND ELKS LODGE #944 ASHLAND F-CLU 255 E MAIN ST, ASHLAND, OR 97520 219555 54223 FLIP FLIP INC L 92 N MAIN ST, ASHLAND, OR 97520 219384 54157 GIL'S SENF STREET INC 0 175 N PIONEER ST, ASHLAND, OR 97520 219385 54158 GIUS SENF STREET INC L 175 N PIONEER ST, ASHLAND, OR 97520 210324 52502 GRANITE TAPHOUSE GRANITE TAPHOUSE LLC O 23 N MAIN ST, ASHLAND, OR 97520 210325 52503 GRANITE TAPHOUSE GRANITE TAPHOUSE LLC F-COM 23 N MAIN ST, ASHLAND, OR 97520 210521 14719 GREENLEAF RESTAURANT ASHLAND HOMESTEAD CO L 49 N MAIN ST, ASHLAND, OR 97520 210524 14719 GREENLEAF RESTAURANT ASHLAND HOMESTEAD CO 0 49 N MAIN ST, ASHLAND, OR 97520 219394 54163 HAPPY BOWL HAPPY BOWL LLC L 1401 SISKIYOU BLVD #3, ASHLAND, OR 97520 207805 52694 HARVEY'S PLACE ASHLAND EATERY INC F-COM 50 152 E MAIN ST, ASHLAND, OR 97520 06/30/2015 Local Government Notification: Renewing Licenses Page 3 of 6 Dist. # 4 Local Government: ASHLAND License License Premises Tradename Participant Type Premises Address 207806 52693 HARVEY'S PLACE ASHLAND EATERY INC 0 90520 52 E MAIN ST, ASHLAND, OR 209725 52364 HOME STATE BBQ HOME STATE LLC 0 975 EOMAIN ST, ASHLAND, OR 209769 52364 HOME STATE BBQ HOME STATE LLC L 975 376 EOMAIN ST, ASHLAND, OR 208039 18424 HOUSE OF THAI CUISINE HOUSE OF THAI CUISINE INC L 16R67 SISKIYOU BLVD, ASHLAND, O 9-7520 209445 41916 KOBE RESTAURANT HARTO INC F-COM 96 NO AIN ST, ASHLAND, OR 207538 14094 LA CASA DEL PUEBLO DDE LA CRUZ ES AURANTS INC MEXICAN F-COM 112R097 SISKIYOU BLVD, ASHLAND, 207519 40296 LIQUID ASSETS WINE BAR RELIABLE RESOURCES INC 0 906 9 5210N #201 & 202, ASHLAND, 207523 40297 LIQUID ASSETS WINE BAR RELIABLE RESOURCES INC F-COM 996RNOM5 ION #201 & 202, ASHLAND, 207527 46024 LOFT AMERICAN BRASSERIE & VIDALO SINGH LLC F-COM 18 CALLE GUANAJUATO, BAR ASHLAND, OR 97520 46024 GLINKMAN, VALERIE 209579 5603 LOUIES RESTAURANT & BAR LOUIE'S BAR & GRILL LLC F-COM 441 OMAIN ST, ASHLAND, OR 9752 208517 35342 MARKET OF CHOICE #11 MARKET OF CHOICE INC 0 114R759SISKIYOU BLVD, ASHLAND, 208543 15187 MARTINO'S MACARONI INC F-COM 58 E MAIN ST, ASHLAND, OR 97520 210384 11997 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC 0 3385E OMAIN ST, ASHLAND, OR 210413 11997 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC L 338 DOMAIN ST, ASHLAND, OR 207381 53224 MARTOLLI'S HAND TOSSED PIZZA BRADFORD PIZZA INC L 1469 SISKIYOU BLVD OR 96520 #2A, SOUTH 208525 37844 MCCALL HOUSE MCCALL MCLAUGHLIN LLC L 153 OAK ST, ASHLAND, OR 97520 208606 6314 MIHAMA TERIYAKI GRILL MIHAMA INC L 1253 SISKIYOU BLVD, ASHLAND, OR 97520 g 5ISKIYOU BLVD, ASHLAND, 209940 50034 MILAGROS FRESH MEXICAN MILAGROS MEXICAN LLC F-COM 1465 210577 50033 MILAGROS FRESH MEXICAN MILAGROS MEXICAN LLC 0 114R65 SISKIYOU BLVD, ASHLAND, O 97520 208357 5594 MINUTE MARKET #5 K & H ENTERPRISES INC 0 3304 N MAIN ST, ASHLAND, OR 97520 208358 5595 MINUTE MARKET #6 K & H ENTERPRISES INC 0 116L997 SISKIYOU BLVD, ASHLAND, 208633 51728 MIX SWEET SHOP MIX SWEET SHOP INC F-COM 5075& 359 N MAIN ST, ASHLAND, OR 207960 25656 MORNING GLORY GROTH, PATRICIA A F-COM 11497 SISKIYOU BLVD, ASHLAND, OR 520 210654 51429 MYSTIC TREATS MYSTIC TREATS LLC F-COM A2345 SHLAND. OR 97520 05, 209244 36488 NEW GOLDEN DYNASTY NEW GOLDEN DYNASTY INC L 1141155 SISKIYOU BLVD, ASHLAND, RESTAURANT 06/30/2015 Local Government Notification: Renewing Licenses Page 4 of 6 Dist. # 4 Local Government: ASHLAND License License Premises Tradename Participant Type Premises Address 210541 5599 NORTHWEST PIZZA ANANANA LLC L 1585 SISKIYOU BLVD, ASHLAND, OR 97520 209551 6312 O'RYAN'S IRISH PUB KOOBA GROUP LLC F-COM 137 E MAIN ST, ASHLAND, OR 97520 209310 35424 OAK KNOLL GOLF CLUB CITY OF ASHLAND L 3070 HWY 66, ASHLAND, OR 97520 207618 27653 OAK TREE NORTHWEST ASHCO INC F-COM 2510 HWY 66, ASHLAND, OR 97520 208629 51201 OBERON'S THREE PENNY OBERON'S LLC F-COM 45 N MAIN ST, ASHLAND, OR TAVERN 97520 208678 6158 OMAR'S OMAR'S INC F-COM 1380 SISKIYOU, ASHLAND, OR 97520 210291 16575 OREGON CABARET T HEA [RE OREGON CABARET THEATRE L 241 HARGADiNE ST, ASHLAND, INC OR 97520 209765 9841 OREGON SHAKESPEARE OREGON SHAKESPEARE L 15 S PIONEER, ASHLAND, OR FESTIVAL FESTIVAL ASSOCIATION 97520 208403 47774 PADDY BRANNAN'S IRISH PUB LINDAUER DE KESEL LLC F-COM 23 S 2ND ST, ASHLAND, OR 97520 209324 21373 PANDA GARDEN YU, XIAO XIA F-COM 1757 ASHLAND ST, ASHLAND, OR 97520 209614 28239 PANGEA PANGEA GRILLS & WRAPS INC L 272 E MAIN ST, ASHLAND, OR 97520 208417 36135 PASTA PIATTI PASTA PIATTI INC L 358 E MAIN ST, ASHLAND, OR 97520 208467 36135 PASTA PIATTI PASTA PIATTI INC O 358 E MAIN ST, ASHLAND, OR 97520 209836 25942 PEERLESS RESTAURANT PEERLESS GARDEN GRILLE & F-COM 265 4TH ST, ASHLAND, OR 97520 BISTRO 209844 30086 PEERLESS RESTAURANT PEERLESS GARDEN GRILLE & 0 265 4TH ST, ASHLAND, OR 97520 BISTRO 208719 37225 PLAZA INN & SUITES AT PLAZA HOSPITALITY LLC O 98 CENTRAL AVE, ASHLAND, OR ASHLAND CREEK 97520 208721 37224 PLAZA INN & SUITES AT PLAZA HOSPITALITY LLC L 98 CENTRAL AVE, ASHLAND, OR ASHLAND CREEK 97520 208332 48816 RED ZONE SPORTS BAR N GRILL K & L ENTERPRISES LLC F-COM 303 E MAIN ST, ASHLAND, OR 97520 209130 21428 RITE AID #5385 THRIFTY PAYLESS INC O 2341 ASHLAND ST, ASHLAND, OR 97520 207552 48939 RUBY'S NEIGHBORHOOD DOG WEST COAST LLC F-COM 163 N PIONEER ST, ASHLAND, OR RESTAURANT 97520 208939 6310 SAFEWAY STORE #4292 SAFEWAY INC O 585 SISKIYOU BLVD, ASHLAND, OR 97520 209529 40951 SALAME SALUMI LLC 0 47 N MAIN ST, ASHLAND, OR 97520 210017 40951 SALAME SALUMI LLC F-COM 47 N MAIN ST, ASHLAND, OR 97520 210516 51151 SAMMICH MCCORWIN LLC L 424 BRIDGE ST, ASHLAND, OR 97520 208549 49786 SAUCE BOUCHER, BRAD K L 1640 ASHLAND ST, ASHLAND, OR 97520 209520 21267 SENOR SAM'S SENOR SAM'S OF ASHLAND INC L 1634 ASHLAND ST, ASHLAND, OR 97520 06/30/2015 Local Government Notification: Renewing Licenses Page 5 of 6 Dist. # 4 Local Government: ASHLAND License License Premises Tradename Participant Type Premises Address 209561 45000 SESAME ASIAN KITCHEN BEAM CONSLULCTING & F-COM 221 IINBURN WAY, ASHLAND, OR VRES- 97520 209016 7015 SHOP N KART WAREHOUSE S AND J REED INC 0 2752ASHLAND ST, ASHLAND, OR FOODS 207859 47783 SMITHFIELDS RESTAURANT & BERKSHIRE ENTERPRISES LLC F-COM 36 S 2ND ST, ASHLAND, OR 97520 BAR 210537 15309 SOUTHERN OREGON SOUTHERN OREGON L 1250 SISKIYOU BLVD, ASHLAND, UNIVERSITY UNIVERSITY OR 97520 210702 26218 STANDING STONE BREWING CO STANDING STONE BREWING F-COM 1D1 OAK ST, ASHLAND, OR 97520 CO 210703 26218 STANDING STONE BREWING CO STANDING STONE BREWING BP 101 OAK ST, ASHLAND, OR 97520 CO 208870 50145 STAR SUSHI 2 STAR SUSHI 2 LLC L 293 E MAIN ST, ASHLAND, OR 97520 208317 46898 STOP N SHOP MARKET J & N PROPERTY INVESTMENTS 0 11102LIITHIA WAY, ASHLAND, OR LLC 210570 51501 SWING TREE BREWING SWING TREE BREWING BP 300 E HERSEY ST #7, ASHLAND, COMPANY COMPANY INC OR 97520 207385 39387 TAJ INDIAN RESTAURANT TAJ INDIAN RESTAURANT LLC L 331 DATER ST #1, ASHLAND, OR 9752 218579 16103 TAQUERIA PICARO TB3 INC F-COM 7065 (PIONEER, ASHLAND, OR 209963 48194 TAROKO TAROKO LLC F-COM 62 E MAIN ST, ASHLAND, OR 97520 209565 17565 THAI PEPPER PEPPER INC F-COM 975 OMAIN ST, ASHLAND, OR 208017 21965 THE BLACK SHEEP PUB & BLACK SHEEP ENTERPRISES F-COM 551 OMAIN ST, ASHLAND, OR RESTAURANT INC ASHLAND, / 66 N g PIONEER 209847 50730 THE DELI DOWNSTAIRS AND DOZIER, MARY M F-COM 10 E MAIN LOUNGE SOUTH ST, 50730 DOZIER, GEOFFREY B 209111 19773 THE GREAT AMERICAN PIZZA CO THEY INC L 1448 ASHLAND ST, ASHLAND, OR 97520 208451 52589 THE LUNCH SHOW THE LUNCH SHOW LLC L 1652E MAIN ST, ASHLAND, OR 219419 35841 THE PLAYWRIGHT A PUBLIC THIS LITTLE PIGGY LLC F-COM 258 AO ST #3B, ASHLAND, OR HOUSE 210439 12087 THE WINCHESTER INN WINCHESTER INN LLC 0 3375 OSECOND ST, ASHLAND, OR 210440 12087 THE WINCHESTER INN WINCHESTER INN LLC F-COM 975 OSECOND ST, ASHLAND, OR 209150 50621 TOT RESTAURANT THIS LITTLE PIGGY LLC L 3310 OOAK ST #1, ASHLAND, OR 9752 209659 50964 TUDOR GUILD TUDOR GUILD INC 0 66 E MAIN ST #2, ASHLAND, OR 97520 209197 50914 UMI SUSHI OF ASHLAND UMI SUSHI OF ASHLAND INC L 29 N MAIN, ASHLAND, OR 97520 210668 36367 VINYL CLUB TRUSTUS LLC F-COM 130 WILL DODGE WY, ASHLAND, OR 97520 208780 40359 WATER STREET CAFE RUFF HILL LLC L 40 N MAIN, ASHLAND, OR 97520 06/30/2015 Local Government Notification: Renewing Licenses Page 6 of 6 Dist. # 4 Local Government: ASHLAND License License Premises Tradename Participant Type Premises Address 210002 6593 WILD GOOSE CAFE & BAR JOLLY DOG TAG INC F-COM 2365 HWY 66, ASHLAND, OR 97520 210295 26964 WILEY'S WORLD PASTA SHOPPE GRETCHEN'S ORGANIC PASTA L 1606 ASHLAND ST, ASHLAND, OR & EATERY INC 97520 207950 21574 YUAN YUAN RESTAURANT GAN, DANIEL L 2270 ASHLAND ST, ASHLAND, OR 97520 21574 HUANG, JIEXIA CITY OF ASHLAND Memo TO: Barbara Christiansen, City Recorder FROM: Tighe O'Meara, Police Chief SUBJECT: Liquor License Renewals DATE: July 15, 2015 On July 6, 2015 you requested that my office review all of the currently held liquor licenses for suitability for renewal. After going over these establishments with members of the police department staff I find that there are only two establishments in the city that have presented as problems for the police department and to some extent, to members of the community. The police department suggests that all liquor licenses be renewed with the possible exception of two: the Vinyl Club and the Granite Tap House. The police department is not recommending that these two establishments not be granted a renewal necessarily, but rather that these establishments have presented issues in the last year that give rise to a need to further scrutinize their suitability for renewal, leaving that decision to your office and/or the City Council. Following the guidelines from the Oregon Liquor Control Commission, we examined these establishments, and their respective owners, to determine if any qualifying violations have occurred. Granite Tap House, 23 N. Main ST Owners: Marc Travers and Ryan Bottano Marc Travers: arrested APD case 415-729 March 26, 2015, Travers was arrested after he physically harassed (struck) a patron while Travers and the victim were in the I-Pub. Travers turned himself in on April 7, 2015. This case is pending in Circuit Court and there is no conviction as of July 15, 2015. Ryan Bottano: arrested APD case 414-1274 June 3, 2014 Bottano was arrested for driving under the influence of alcohol. Bottano has subsequently entered a diversion program and the case was dismissed on July 6, 2015. Ashland Police Department Office of the Chief of Police Tel: 541-482-5211 W=, 1155 East Main Street Fax: 541-552-2154 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us/police Calls for service to 23 N. Main St between July 1, 2014 and June 30, 2015 Disorderly Conduct: 9 Assault: 8 Additionally there were two significant incidents at this location that placed citizens and officers in a very dangerous situation: On Halloween of 2014 two APD officers were involved in a fight with a man at this location and were calling for more officers. The additional officers could not get to the bar as the elevator was locked out and the fire exit was locked from the inside. After this the owner, Travers, was advised to fix the emergency exit so officers could get in. On New Years Eve of 2014 the same situation presented itself when APD was called to the scene of private security asking for assistance. In this case the security officers were fighting with a patron in the elevator, causing the elevator to be stuck on the upper floor. Once again the emergency exit was locked from the inside so APD officers were delayed in getting upstairs. Vinyl Club, 130 Will Dodge Way Owner: Michael Leslie, no arrests Calls for service at 130 WDW and on WDW between July 1, 2014 and June 30, 2015 Disorderly Conduct: 6 Noise: 26 Assault: 4 The Vinyl Club has received the following citations on the course of the last year Date Violation Disposition November 2, 2014 Overcrowding Guilty at trial November 2, 2014 Failure to maintain an exit Guilty at trial January 25, 2015 Overcrowding No Contest January 16, 2015 Noise Violation Trial set for August 4, 2015 There is a long-standing dispute between the Vinyl Club and several of its neighbors, both business and residential. This dispute has to do with perceived unreasonable noise created by the Vinyl Club, as well as the disruptive crowds that gather on Will Dodge Way, often after the bar closes. Ashland Police Department Office of the Chief of Police Tel: 541-482-5211 1155 East Main Street Fax: 541-552-2154 Ashland, Oregon 97520 TTY: 800-735-2900 www. ash land.or.u slpolice