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2017-0117 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 January 17, 2017 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 11. PLEDGE OF ALLEGIANCE 111. ROLL CALL IV. ELECTION OF COUNCIL CHAIR V. MAYOR'S ANNOUNCEMENTS VI. APPROVAL OF MINUTES 1. Study Session of December 19, 2016 2. Business Meeting of December 20, 2016 3. Special Meeting of January 9, 2017 4. Study Session of January 9, 2017 VI 1. SPECIAL PRESENTATIONS & AWARDS 1. Announcement of City Recorder retirement VI 11. 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] IX. CONSENT AGENDA 1. Approval of minutes of boards, commissions, and committees 2. Ashland Water Advisory Committee Council liaison appointment 3. Adoption of a resolution titled, "A resolution authorizing reimbursement of law enforcement training costs pursuant to Oregon Revised Statutes 181A.620" 4. Approval of a television head-end system lease agreement and contract 5. Approval of a special procurement with AECOM for engineering services COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 6. Staffing for adequate fire and emergency response grant application X. 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 XI. UNFINISHED BUSINESS 1. Annual appointments to Citizen Budget Committee 2. Further Action for the replacement of City Hall XII. NEW AND MISCELLANEOUS BUSINESS XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending AMC 2.50.070 and AMC 2.28.045 public contracting delegated officer authority for intergovernmental agreements" 2. First reading by title only of an ordinance titled, "An ordinance amending Ashland Municipal Code Chapters: 9.04.030; 9.08.020; 9.08.030; 9.08.040; 9.08.050; 9.08.060; 9.080.070; 9.08.080; 9.08.090; 9.08.110; 9.08.120; 9.08.130; 9.08.150; 9.08.160; 9.08.170; 9.08.180; 9.08.190; 9.08.250; 9.08.270; 9.08.280; 9.08.990; 9.12.060; 10.04.020; 10.04.030; 10.26.050; 10.30.050; 10.40.030; 10.40.040; 10.44.020; 10.46.020; 10.46.030; 10.56.020; 10.56.030; 10.60.020; 10.60.050; 10.60.060; 10.110.060; 10.60.060; 10.68.060; 10.68.080; 10.68.090; 10.68.100; 10.68.110; 10.68.120; 10.68.130; 10.68.140; 10.68.150; 10.68.170; 10.68.180; 10.68.190; 10.68.200; 10.68.210; 10.68.220; 10.68.230; 10.68.240; 10.68.250; 10.68.260; 10.68.270; 10.68.280; 10.68.290; 10.68.300; 10.68.310; 10.68.320; 10.68.330; 10.68.350; 10.68.370; 10.68.380; 11.22.020; 11.22.030; 11.40.010; 11.40.030; 11.40.040; 11.40.050; 11.44.005; 11.44.010; 11.44.020; 11.44.040; 11.44.030; 11.44.090; 11.52.030; 11.52.050; 11.52.060; 11.52.070; 11.52.080; 11.52.090; 13.02.040; 13.02.060; 13.02.080; 13.02.120; 13.02.900; 13.03.090; 13.03.110; 13.04.090; 13.12.130; 14.04.060; 14.04.090; 14.05.120; 14.06.080; 14.06.090; 14.08.050; 14.09.010; 14.12.095; 15.06.030; 15.08.100; 15.10.100; 15.16.340; 15.20.090; 16.28.050, to update and make uniform the language throughout the Ashland Municipal Code" and move onto second reading XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. 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; OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session December 19, 2016 Page 1 of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday December 19, 2016 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:33 p.m. in the Siskiyou Room. Councilor Rosenthal, Morris, and Lemhouse were present. Councilor Seffinger arrived at 5:45 p.m. Councilor Marsh and Voisin were absent. 1. Public Input Mark DiRienzo/700 Mistletoe Road/Croman Mill was ideal for economic development and would tie in well with the Transit Triangle infill strategy. He supported improving Ashland Street with multifamily apartments but thought rents in the plan might be higher than what people currently paid for smaller spaces. In order to have people afford rent, they needed real jobs. He supported the Transit Triangle Project and wanted it to include the Croman Mill site. He suggested redeveloping the Croman Mill plan to create economic development first then affordable housing. Huelz Gutcheon/2253 Highway 99/Noted Portland Mayor Charlie Hales pledged no diesel of any kind by 2025, along with Paris and Athens, Greece during the C-40 Cities Climate Leadership Group event in Mexico City. He talked about the importance of measuring, provided several examples, and commented the City did not use measuring techniques. He went on to explain how Ashland had reached its population capacity five years before, was overcrowded, and that had a negative effect on traffic and safety. A good way to measure traffic safety was eliminating "fossil" cars. 2. Look Ahead review Interim City Administrator Chief John Karns reviewed items on the Look Ahead. 3. Update on infill strategies for transit triangle project Planning Director Bill Molnar explained staff had been working with the Planning Commission and Fregonese & Associates, a consulting firm, regarding an infill strategy. They chose an area that involved a key transit route that included Ashland Street, Siskiyou Boulevard, and linked to Tolman Creek Road the called the Triangle Transit. The area could accommodate future rental housing, specifically housing for median family incomes. There was a lot of vacant and underdeveloped property there and not much investment had occurred over the past 30 years. The plan could increase housing, the economy, and transit. It fit with prior council initiatives in terms of the economic development strategy, strategic housing priorities, the Transportation System Plan, and the eventually the Climate Energy Action Plan. John Fregonese, president of Fregonese Associates Urban & Regional Planning explained he had developed a tool to understand why R-3 zoning had not worked in Ashland. The zone permitted 36 units per acre but no one was able to build. The Transit Triangle Study focused on a specific area involving Siskiyou Boulevard, Ashland Street, and Tolman Creek Road. The frontages in these areas had opportunities for change that would improve the neighborhoods. Phase 1 of the Transit Triangle Study Conducted in the fall of 2015 completed the following tasks: • Market analysis • Initial developer interviews • Demographic analysis • Analysis of current zoning • Pro forma testing conducted City Council Study Session December 19, 2016 Page 2 of 4 • Detailed site-level analysis conducted at 3 sites across the study area A Population Pyramid slide based on age showed the highest population ranges in Ashland was 20-24 year olds and 55-59 year olds. The Tapestry Market Segments slide looked at consumer preferences for young professional families, singles, and retirees: • Emerald City 30% included an average age of 36 who tended to be well educated, environmentally aware • Golden Years 23% had a median age of 51 most likely homeowners, single person households, and married couples with no children • College Towns 15% • The Great Outdoors 9% • Set to Impress 8% • Silver & Gold 7% • In Style 5% • Senior Escapes 3% A lot of housing was single family and larger than the rental market required. The Housing slide indicated people rented 45% of homes while 55% owned homes. Over 80% were one and two person households. While 43% of the rental market consisted of one-person households, 73% were one to two people households. Smaller units would fit well in the community. Ashland's median income was approximately $45,000 and slightly lower than the state. A target goal for rent was $875 to $1,250. The question was whether they could get rental units in a mixed use building on Ashland Street for a $1,000 a month that attracted 1-2 person households in the corresponding demographic. Housing programs could help the 60% and 80% median income component. There were many single- family homes and town houses for rent in Ashland. They were larger units and not as good a match for one-person households. One way Council could reduce housing costs was influencing market demand by adding amenities to make an area more attractive. Another way was influence costs through the zoning standards with the amount it took to build, the amount of construction, developments fees, and adding incentives like tax credits. Envision Tomorrow was a free software program with a prototype builder that had a return on investment (ROI) model, a scenario builder with an extension for ArcGIS and over twenty applications funded by the Housing and Urban Development (HUD) Sustainable Communities Grants. The prototype builder took zoning, built a building, and tested the financial feasibility. Mr. Fregonese provided an example using a three story building on Ashland Street. They based the prototype on current zoning then tried to modify it to make it more feasible using C-1 mixed-use apartment. They encountered an issue with the maximum units per acre code. Unit size did not matter. The other standards allowed a developer to build a floor area ratio (FAR) of almost one. A mixed-use building should be able to have 40 to 60 units per acre but the City capped it at 30 units resulting in an average of $1,500 for rent. The cap made the unit size larger and less affordable. Removing the cap in the prototype increased the units to 44 per acre and reduced rent to $1,200. The prototype for R-3 was worse. The cap was 19 units per acre but could be 60 units an acre. Rent went from $1,750 for a large unit with 55% landscaping to approximately $1,000 per month. C-1 and E-1 was not as dramatic. The most feasible application for the area was a mixed use residential that was primarily residential on Ashland Street with the units per acre cap lifted. Mr. Fregonese suggested a mixed use residential, primarily residential, on Ashland Street and lifting the cap. Commercial rents were too low to support new construction. Requiring a high amount of commercial in the ground floor had to be subsidized by the City Council Study Session December 19, 2016 Page 3 of 4 residential which made residential more expensive. Generally, people would spend more per square foot for a smaller unit. Their focus is on monthly rent versus size. The maximum units per acre cap were not in line with FAR. The cap made units larger and more expensive and countered the desire for residential in that corridor. Possible Solutions examined in Phase 2 • Focus on mixed use residential in the corridor • Adjust the prototype to best meet market conditions o Smaller specialized commercial space to achieve $20 per foot rent o Encourage smaller apartments to meet rent thresholds and affordability o Attempt to develop a prototype that can pay land costs in the area and still be affordable to the median income household • Develop visualizations to guide development standards • Develop build out scenarios to evaluate impacts and benefits The City could offer incentives like a vertical housing tax credit that would bring monthly rent down to the $950 range that could include the 20%-80% median income with the rest renting around the $1,000 range. The City would forgo the taxes for 10 years. He went on to show a slide indicating the areas in the Triangle Transit that could accommodate three story apartments and retail that would result in 876 new units or 500- 600 affordable units. Conclusions • Current zoning's limits on units per acre are a severe limit to affordable housing • Market units size would be between 500 square foot studio to 750 square-foot 2 bedrooms, with current market being for smaller units to react to the 80% of renters that are one and two person households • That would lead to 40 to 70 units per acre as the most natural result based on the FAR permitted by the zoning standards • The unit limits in the zoning code are far below what is otherwise achievable • In other words, the zoning creates an unsolvable problem • This forces a large, more expensive unit Caveats and Cautions • Different solution should be developed for different zoning districts and situation in the Triangle • Strong incentives should be developed to encourage smaller affordable units rather than large units, vacation rentals, or condominiums • Incentives should be developed to encourage housing affordable to lower income persons • Appropriate design standards should be developed at the same time • Implementation of the public improvements adopted in prior plans should be accelerated, they will enhance the attractiveness for investment Vertical income tax breaks would work as an incentive. There was a tax credit that was just an incentive and another that made the owner guarantee affordability for a specific time. There were also programs with a preference for local residents but they involved a public subsidy. Possibly some form of rent control could apply to a certain number of units in response to renters being priced out of Ashland. Mr. Fregonese addressed universal housing for retirees and explained requirements for commercial on the ground floor was expensive and increased rent on the upper floors. Ground floor units would be viable in a couple of small places and was limited because the City required commercial. Onsite parking would allow one space per unit. The average unit was 600 to 650 square feet. City Council Study Session December 19, 2016 Page 4 of 4 Planning Commission Chair Melanie Mindlin noted the Council looked at money and the Commission looked at standards and did not consider incentivization. This was a disconnect that occurred at times. Proposal: Authorize a process to prepare the following modifications and plans I . Develop a Zoning Overlay for the C- I and E- I that lift the density cap, and implement other small changes in the zoning changes 2. Evaluate changes for the R-2 and R-3 zones when property fronts one of the triangle arterials 3. Develop improved Site Design Standards for this area and for the new zoning standards 4. Clean up and consolidation of all the previous overlays 5. Develop recommendations for an accelerated improvement strategy of the existing adopted plans 6. Develop inclusionary zoning strategy to comply with the new state law 7. Investigate other incentives and regulations that will encourage affordable units Council thought it was a good direction, appropriate, and generally supported the plan. Other comments appreciated looking at state standards in the plan and wanted the permit process reviewed. Concerns included the complexity of the process, the need to reevaluate what was currently in place and having a larger discussion before moving forward on one tactic. Interim City Administrator Chief John Karns expressed concerns regarding parking on Ashland Street. City Attorney Dave Lohman wanted to know the cost of the financial incentives. Mayor Stromberg read a letter John Fields submitted into the record. The Mayor wanted to redefine affordable housing to include people and young families who had lived in Ashland for years that had to move due to affordability. Mr. Molnar explained the group that discussed the plan included mixed use or commercial developers, primarily mixed use, brokers, developers, contractors, and design professionals. Next steps involved fine- tuning the plan and bringing it back to the group and eventually Council. Council agreed with Mr. Molnar's plan of action and wanted staff to bring them back options, provide a range, and address what was most important. Climate & Energy Action Plan ad hoc Committee member Louise Shawkat added it was important to think of the carbon footprint regarding the plan. Reducing carbon needed to influence everything the City did. Meeting adjourned at 7:05 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Business Meeting December 20, 2016 Page 1 of 6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 20, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. Councilor Voisin was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg noted this was Councilor Voisin and Councilor Marsh's last meeting and expressed his appreciation to both. Councilor Seffinger/Rosenthal m/s to place appointing the City Finance Director as the Budget Officer for the City of Ashland on the Consent Agenda. Voice Vote: All AYES. Motion passed. Mayor Stromberg explained the City was currently working with Wendy Brown Consulting Partners (WBCP Recruiting) to conduct a national search for the Administrative Services/Finance Director. Council would discuss the process at the January 17, 2017 Council Meeting. He invited public input at that meeting on the selection criteria used in the screening process January 9 and 10, 2017. Citizens could submit input on the City website as well. The cutoff day for input was January 5 in order to go into the Council's final screening process. Monday, January 9, 2017, the five finalists will participate in a two-day interview and selection process. On Tuesday, January 10, 2017, Council will meet in a closed Executive Session to interview the top 2-3 candidates. Interim City Administrator Chief John Karns announced the Transportation Commission would hold a public hearing regarding the effectiveness of the Road Diet January 26, 2017 from 6:00 p.m. to 8:00 p.m. in the Council Chambers. Mayor Stromberg announced vacancies on the Airport, Housing & Human Services, and Tree Commissions. APPROVAL OF MINUTES The minutes of the Business Meeting of December 6, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's statement to the community Councilor Marsh read a proposed Mayor and Councilor statement to the community regarding the election of Donald Trump as president of the United States and pledged to uphold fundamental principles. Councilor Lemhouse/Rosenthal m/s to join the Mayor in supporting the Statement to the Community. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Maureen Basttistella/395 Hemlock Lane/Spoke on behalf of the Tree Commission who endorsed the nomination of the Southern Oregon University's Spirit Tree as the Oregon Heritage Tree and as a City of Ashland Heritage Tree. The Commission asked that Council endorse their nomination of the Spirit Tree as the Ashland Heritage Tree. City Council Business Meeting December 20, 2016 Page 2 of 6 Annika Larson/795 Ellendale, Medford/Explained she was an Ashland High School student, addressed climate change efforts and supported Council adopting a climate change ordinance. Mina DeVore/568 Liberty Street/Was an Ashland High School student and spoke on the need for a Climate and Energy Action Plan and climate change ordinance. Claire Pryor/1221 Orchid Street/Was an Ashland High School student and member of the Climate and Energy Action Plan ad hoc Committee. She spoke on the direct impact Council's decisions had on her future and the need for a dedicated climate focused position in the City. Kaiya John/157 Max Loop, Talent, OR/Was an Ashland High School student and spoke on her concerns regarding climate change. The Climate and Energy Action Plan tied to the ordinance on climate change. She urged Council to place the climate action ordinance on the January 17, 2017 Study Session. Carson Barry/134 Church Street/Explained that 80% of citizens surveyed thought climate change was a real threat and wanted action now. With newly elected government having different views on climate change, it was up to local institutions to take the most aggressive and progressive actions possible. She urged council to put the climate change ordinance on the January 17, 2017 Study Session. Ms. Barry considered having an ordinance on climate change as part of the most aggressive actions to take. City Attorney Dave Lohman clarified the January 16, 2017 Study Session was rescheduled to January 23, 2017 due to Martin Luther King Day. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Assistance to firefighters grant application 3. Appointment of Ashland School District representative to the Conservation Commission 4. Request for sewer connection to a property located outside the City limits and within the Urban Growth Boundary 5. Appointment of Tina Gray as the Director of Human Resources 6. Resolution Designating the City's Finance Director as the Budget Officer Councilor Rosenthal pulled Consent Agenda item 45 and shared how pleased he was to see this appointment go from manager to director. He noted Tina Gray's fourteen years as the City's Human Resource manager and congratulated her on this promotion. Councilor Seffinger/Morris m/s to approve Consent Agenda Items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public hearing and approval of the release of interest in an easement for construction and maintenance of iron pipes and flumes Engineering Services Manager Scott Fleury explained the City received an easement for construction and maintenance of iron pipes and flumes at a residence on Maple Way in 1890. The deed restriction followed the property until the owner recently inquired about removing the deed. The City was required to hold a public hearing whenever it released interest in a property or easement. Public Hearing Open: 7:40 p.m. Public Hearing Closed: 7:40 p.m. City Council Business Meeting December 20, 2016 Page 3 of 6 Councilor Marsh/Rosenthal m/s to approve the release of interest document for an easement dedicated in Jackson County official records in Volume 20, page 400, for parcel #2 of partition plat P-54-2000. Roll Call Vote: Councilor Morris, Lemhouse, Seffinger, Rosenthal, and Marsh, YES. Motion passed. 2. Public hearing and approval of three resolutions titled, "A resolution adopting new Transportation Systems Development Charges, pursuant to Section 4.20 of the Ashland Municipal Code, and repealing Resolution 1999-42"; "A resolution adopting new Wastewater Systems Development Charges, pursuant to Section 4.20 of the Ashland Municipal Code, and repealing Resolution 2006-27"; and "A resolution adopting new Water Systems Development Charges, pursuant to Section 4.20 of the Ashland Municipal Code, and repealing Resolution 2006-27" Financial Analyst Ray Bartlett explained the Transportation Systems Development Charge (SDC) was the most difficult one to administer because the criteria for administrating it was based on statistical data as opposed to other SDCs that went by square feet, plumbing units, or meter size. Transportation SDCs used PM peak hour traffic. Transportation criteria identified what produced the most traffic during the PM peak hour. The City based sewer and water rates on capital investments to meet peak demand. The lumberyard was data driven and presently determined by PM peak hour traffic. Traffic engineers carefully controlled the studies that formulated the method. The data over time would improve and until then municipalities had to work with current calculations. The City's traffic plan reduced PM peak hour travel and designed roadways to make travel as efficient as possible during those peak times. Councilor Morris commented the SDC on the lumberyard appeared to be a 389% increase. Councilor Marsh did not think the City used the Transportation SDC as aggressively as it could to encourage certain kinds of development. SDCs went across the board to residential development regardless of location. Mr. Bartlett explained there were several municipalities that attempted unsuccessfully to be more innovative. Demand Management had worked well in some situations when companies changed shift times and reduced PM peak hour travel. Universities could reduce trips during PM peak hour by encouraging development of their campuses or changing class scheduling to reduce trips. At the same time traffic needed to move. It would be several years before the city would see a huge reduction of change in those travel patterns. Public Works Director Mike Faught added the current Transportation SDC included multi modal and was more innovative than an SDC standpoint. Mr. Bartlett explained there were many experiments currently underway regarding transportation to measure fringe development. Some cities charged an SDC for their water systems based on elevation above that cities location or where the water source came into the system. With transportation, it did not matter on location as much since cars trended to travel throughout the city. He was not sure using an SDC to encourage specific types of change would necessarily happen. However, in the City of Portland when they build a multifamily development, the SDC for that development is less than if it had off street parking. Public Hearing Open: 7:55 p.m. John Fields/845 Oak Street/Explained building permits and SDCs for new construction was at 10%-12% of construction costs, excluding lands. The lumberyard increase created $280,000 worth of transportation fees and if it went out of business, people would drive to Talent and that created transportation issues. He was not sure if it was a good method for social equity or if the City could socially engineer its way out of what he surmised was a collapse. He went on to state concerns he had regarding the Transportation SDC. Public Hearing Closed: 8:02 p.m. City Council Business Meeting December 20, 2016 Page 4 of 6 Mr. Faught clarified staff updated all the master plans and there were new capital projects that drove the need to adjust the SDCs. The bigger changes to the Transportation SDC were in the methodology, going from average daily trips to PM peak hour. Councilor Rosenthal/Morris m/s to approve Resolution 92016-35 adopting new Transportation Systems Development Charges. DISCUSSION: Councilor Rosenthal noted SDCs were very complex and difficult to explain. These increases were for new development only and not an ongoing fee. It was important to adjust SDCs appropriately and conduct the methodology studies every five years. Not doing that prevented the City from having vibrant funding streams to help build infrastructure in the right way. If the City did not adjust SDCs, it would have to use funds from other revenue streams to build the things they had to build anyway. He supported what staff presented. Councilor Morris explained the City was looking at required federal or national standards and there were parts that did not fit that the City needed to review and possibly deviate from at some point. He thought the cost might be prohibitive to someone buying a business. He also did not think a lot of it was due to PM peak hour traffic and was possibly bad data from the past. He would support the motion but thought the City should look at how it charged for development. Councilor Lemhouse supported the motion, agreed with Councilor Morris, and wanted Mr. Bartlett to come back for a future review. Councilor Marsh would not support the motion. This was a tool the City had not yet exploited and needed to look at the transportation fee in a creative way in order to get the type of development the City wanted. Roll Call Vote: Councilor Rosenthal, Lemhouse, Seffinger, and Morris, YES; Councilor Marsh, NO. Motion passed 4-1. Councilor Rosenthal/Lemhouse m/s to approve Resolution 92016-037 adopting new Wastewater Systems Development Charges. DISCUSSION: Councilor Rosenthal thought the City should consider an annual tie in to an inflationary index. Roll Call Vote: Councilor Marsh, Seffinger, Morris, Lemhouse, and Rosenthal, YES. Motion passed. Councilor Rosenthal/Seffinger m/s to approve Resolution #2016-36 adopting new Water Systems Development Charges. Roll Call Vote: Councilor Morris, Lemhouse, Marsh, Rosenthal, and Seffinger, YES. Motion passed. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Agreement with OHRA for Emergency Shelter Mayor John Stromberg explained even with the probability of five shelter nights a week, the emergency shelter needed dedicated staff. Councilor Rosenthal had suggested paying a social service non-profit to staff the emergency shelter as needed. Options for Homeless Residents of Ashland (OHRA) was prepared to provide that service. City Attorney Dave Lohman noted a correction on page 2 of the Council Communication, sub-bullet five under the third bullet indicating $2,950 should be $3,850. He confirmed the City initiated a request for proposal (RFP), did not receive an adequate response that resulted in a sole source procurement with OHRA. OHRA would be responsible to cover up to five emergency nights per the City's criteria of 20 degrees. Beyond that, they had the flexibility to manage the program how they saw fit. Councilor Seffinger/Marsh m/s to authorize the Interim City Administrator to enter into an agreement with OHRA to provide for emergency shelter services fiscal year 2017. DISCUSSION: Councilor Seffinger thought it was very important to have personnel for winter shelter. City Council Business Meeting December 20, 2016 Page 5 of 6 Councilor Marsh added the City was lucky in the past to have a volunteer who managed the emergency shelter for years and was now ready to step down in those duties. It was better to have an agency manage the entire program. She stressed the need not to include budget details and allow OHRA to manage the money on their own. Councilor Morris was concerned paying shelter employees might create a conflict between those volunteering and paid staff. John Wieczorek explained he had worked in the shelter five of the past 10 nights. He clarified the City was responsible for emergency shelter nights and the other nights were supported by the faith community and a faith-City partnership. He acknowledged the volunteer efforts of Heidi Parker who managed the emergency shelter and coordinated volunteers for other shelters for years. He went on to share some thoughts on using social services grant money to fund shelters and how that might jeopardize the funds the Ashland Community Resource Center received. Roll Call Vote: Councilor Seffinger, Lemhouse, Morris, Marsh, and Rosenthal, YES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a resolution titled, "A resolution authorizing the City of Ashland to provide a city building for a winter shelter three nights per week through April, 2017 and repealing Resolution No. 2016-28" Interim City Administrator Chief John Karns explained the resolution would increase the City supplied shelter from two nights to three nights per week using Pioneer Hall. The Rogue Valley Unitarian Universalist Fellowship (RVUUF), Temple Emek Shalom, the First Congregational United Church of Christ (UCC), and the South Mountain Friends Meeting (SMFM) would provide volunteers to staff, manage, and clean the shelter. City Attorney Dave Lohman clarified there will be separate contracts with each faith agency. He noted an error in the Council Communication under Fiscal Implications that the City pays $200 per month and not $400. Councilor Lemhouse/Morris m/s to approve Resolution 2016-34. Roll Call Vote: Councilor Lemhouse, Marsh, Seffinger, Rosenthal, and Morris, YES. Motion passed. 2. First reading by title only of an ordinance titled, "An ordinance amending AMC 2.50.070 and AMC 2.28.045 public contracting delegated officer authority for intergovernmental agreements" and move on to second reading City Attorney Dave Lohman explained the code currently stated any new intergovernmental agreement (IGA) had to come before the Council. There were a number of IGAs each year for small amounts. The ordinance would give the City Administrator authority to enter in an IGA as long as it was not creating a new entity, up to $25,000 per year. This would apply to amendments with a stipulation if the amendment increased the annual cost to the City by more than 25%, it would go before Council. City Recorder Barbara Christensen noted from a record's management position sometimes it was difficult to find agreements that go through the City Administrator. Over the years, she had developed a process to retain, track, and preserve the documents according to the State Archivist. However, there were still times when a contract was misplaced and it was hard to locate. Councilor Morris/Lemhouse m/s to approve first reading of ordinance titled, "An ordinance amending AMC 2.50.070 and AMC 2.28.045 public contracting delegated officer authority for intergovernmental agreements" and schedule the proposed ordinance for second reading. DISCUSSION: Councilor Morris thought it was efficient but wanted to see some system of addressing prior concerns at second reading. Mayor Stromberg noted a concern of elected officials losing oversight. Roll Call Vote: Councilor Rosenthal, Marsh, Morris, Lemhouse, and Seffinger, YES. Motion passed. City Council Business Meeting December 20, 2016 Page 6 of 6 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse regretted Council did not have an official send off for Councilor Marsh. The best thing he did as the executive director of the Ashland Emergency Food Bank was hire Pam Marsh as their executive director. One of the best decisions he made as a city councilor was supporting Councilor Marsh's appointment to Council. He voiced his appreciation for all her hard work and effort she put into the community. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 8:41 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor City Council Business Meeting December 20, 2016 Page 6 of 6 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Lemhouse regretted Council did not have an official send off for Councilor Marsh. The best thing he did as the executive director of the Ashland Emergency Food Bank was hire Pam Marsh as their executive director. One of the best decisions he made as a city councilor was supporting Councilor Marsh's appointment to Council. He voiced his appreciation for all her hard work and effort she put into the community. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 8:41 p.rn. Barbara Christensen, City Recorder o n Stromberg, Mayor City Council Special Meeting January 9, 2017 Page 1 of 1 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL Monday, January 9, 2017 Siskiyou Room, 51 Winburn Way CALL TO ORDER Council Chair Rosenthal called the meeting to order at 5:30 p.m. in the Siskiyou Room. Mayor Stromberg arrived at 5:30 p.m. ROLL CALL Councilor Slattery, Morris, Lemhouse, Seffinger, and Rosenthal were present. NEW AND MISCELLANEOUS BUSINESS 1. Adoption of selection criteria and discussion of selection process for Administrative Services/Finance Director Human Resource Director Tina Gray explained Council needed to adopt the criteria and selection process during an open meeting that allowed public comment prior to conducting interviews in an executive session. The City hired Wendi Brown Creative Partners (WBCP) for recruitment services. Wendi Brown, executive recruiter for WBCP held interviews with department heads and finance staff prior to the recruitment process to identify key skill sets for the Administrative Services/Finance Director. This included how that leadership would work with community constituents, elected officials, and the city administrator. From there, they developed key competency skill sets that included fiscal acumen, leadership and communication, business acumen and technology, with subset skills listed in the brochure. She went on to describe Background and Education requirements also listed in the brochure. Eighty applicants applied for the position with 20 phone screened that resulted in a candidate pool of five applicants. Those candidates participated in two panel interviews earlier that day. On January 10, 2017, Ms. Brown would provide Council and the Mayor summaries on each candidate followed by first interviews with Council. Ms. Gray added the candidates participated in a meet and greet with Finance Department staff earlier in the day. There was also citizen feedback from the online Open City Hall. Regina Ayars/199 Hillerest/Raised a concern that there were no women in senior management positions in the City and hoped some of the applicants were women. She strongly supported gender equity, and the importance of having female representatives as role models for women and girls in the community. Councilor Rosenthal/Slattery m/s to approve the selection criteria and selection process for Administrative Services/Finance Director. DISCUSSION: Councilor Rosenthal appreciated Ms. Gray and Ms. Brown's efforts. He was impressed with the brochure and the process. Councilor Seffinger appreciated that prioritization skills were included. Voice Vote: All AYES Motion passed. ADJOURNMENT Meeting adjourned at 5:50 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor City Council Study Session Meeting January 9, 2017 Page I of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, January 9, 2017 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:50 p.m. in the Siskiyou Room. Councilor Slattery, Morris, Lemhouse, Seffinger, and Rosenthal were present. 1. Public Input Roy Laird/419 Willow/Owned the Book Exchange on Will Dodge Way and Pioneer Street. He addressed the behaviors in the Pioneer Street parking lot explaining ordinances for the downtown had moved activity from Main Street into that area. There were issues of cursing, intimidation, aggressive panhandling, loud music, and smoking. This was a clash of values. People had the constitutional right to swear and be obnoxious but there were unspoken civic values. He thought the discussion should include the entire area, not just the parking lot. There were sub groups exhibiting behavior that gave the others a bad reputation. He understood there were no real solutions but wanted Council to continue the discussion and be aware of the issues in the parking lot and intersection. These people needed a place. Huelz Gutcheon/2253 Hwy 99/Thought applicants applying for city council should have knowledge about economy and keeping the town alive through changes that would happen quickly. He hoped the new administration services/finance director had climate change experience. Brent Thompson/582 Allison Street/Explained when the Downtown Beautification Improvement ad hoc Committee met, one of the things they considered prior to the smoking ban was a sitting area outside of the market on Lithia Way and Pioneer Street. The smoking ban was successful and a great move. However, people needed a place to smoke and he thought the parking lot on Pioneer Street and Lithia Way was possibly the best alternative. He suggested adjusting the parking lot to accommodate smokers. Regina Ayers/199 Hillcrest/Spoke on replacing Councilor Marsh's position and gender equity. There was now only one woman on council and she thought Ashland had regressed. Half of Ashland's population was female. It was important to provide girls female role models and for women to see other women in these types of positions. She wanted Council to encourage women to come forward and apply. Andrew Kubik/1251 Munson Drive/Spoke regarding the Pioneer parking lot. He asked everyone to remain mindful of flooding concerns regarding the parking lot that needed attention. A wall was beneficial but had to be good-sized. Removing trees and brush was premature. The people congregating in the parking lot were subject to the Enhanced Law Enforcement Area (ELEA) and it displaced them from one area to the other. The behavior was the issue and appearances and mannerisms were not. Stan Potocki/2020 Crestview Drive/Noted the main problem with the parking lot at Pioneer Street was the daily use of alcohol and drugs. He was six feet away from the parking lot and suggested a temporary smoking ban in that area. He supported having a landscape architect develop a landscape buffer or even adjusting the wall although both were the antithesis of a buffer. 2. Look Ahead review Interim City Administrator Chief John Karns reviewed items on the Look Ahead. 3. Discussion of Process for Appointment of Council Position #6 Council discussed process options with staff and agreed to use the City Recorder's timeline in the Council Communication. They also wanted candidates to respond to the following questions: City Council Study Session Meeting January 9, 2017 Page 2 of 2 • What do you think are the biggest issues facing the city? • What is your primary motivation for seeking the vacant council seat? • What community and city activities have you been involved in recently? • What is the role of the city councilor? Council would develop selection criteria and adopt it in a public meeting. They could meet each applicants individually or in groups of no more than three councilors. During those meetings, councilors will ask how the candidate plans on dealing with the acrimony that will sometimes occur during their term. Once the meetings were completed, Council will have an executive session to determine the final candidates to vote on in the next public meeting. 4. Discussion of approaches to behavior issues at the Lithia Way/Pioneer Street parking lot Public Works Director Mike Faught explained staff evaluated the physical recommendations to mitigate issues in the parking lot at Pioneer Street and Lithia Way in response to concerns raised by a neighboring property. Mr. Faught and Engineering Services Manager Scott Fleury met with Stan Potocki to discuss these issues and recommended the following: • Replace wooden fence along northern boundary line with an 8' concrete or block wall. • Replace the pedestrian lights along the northern boundary with high-intensity LED cobra headlamps. • Improve draining in the landscape strip along the northern boundary. If Council supported those changes, staff suggested hiring a landscape architect to provide proposals. They had already talked to Kerry KenCairn informally and she thought the cost estimate was approximately $2,500. Council had reservations about an 8-foot concrete wall and cobra lighting, wanted to consider redesigning the parking lot, and opening the project for bids. Other comments included wanting to use the landscape estimate to contract with a security firm. There were concerns that people congregating in handicap parking places prevented people from parking and allowed for intimidating panhandling. One suggestion wanted to consider code on how long a person could remain in a parking lot. Police Chief Tighe O'Meara explained people occupying parking stalls or displaying negative behavior was legal at this time. The police could act on litter, alcohol consumption, and smoking. Hiring private security could create issues with the Ashland Police Association who already had issues with the cadet program. Union leaders had never approached the Police Department regarding the City contracting with Diamond Parking Services. Chief O'Meara confirmed the department was up to full staff. Council directed staff to bring back options that included the physical changes, potentially hiring security, code that addressed current issues in the parking lot and defined parking further. Council wanted staff to consider activity that occurred at the corner by the market and in the parking lot when the bars closed. ADJOURNMENT Meeting adjourned at 6:45 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF ASHLAND Memo TO: Mayor Stromberg, City Councilors and Citizens of Ashland FROM: Barbara Christensen, City Recorder SUBJECT: Retirement from Office of City Recorder DATE: January 3, 2017 I would like to announce my plans to retire from the Office of the City Recorder effective April 30, 2017. After serving almost 6 terms in this office I have determined that now is the right time for me to make a change. City Charter provides that when an elective office becomes vacant, the City shall fill the position with sixty (60) days by electing some qualified person to fill such vacancy for the remainder of the term. At the next biennial election (November 2018) a successor would be elected. Given the importance and complexity of this position I wanted to provide time for a process in which the council could make a selection for appointment. Serving the City of Ashland as City Recorder has been a privilege and honor. City Recorder/Treasurer Office Barbara Christensen Tel: 541-488-5307 1. 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND HISTORIC COMMISSION Meeting Minutes December 7, 2016 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER: Commission Chair, Shostrom called the meeting to order at 6:02pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Shostrom Carol Voisin - ABSENT Skibby Leonard Staff Present: Whitford Mark Schexnayder; Staff Liaison Emery Regan Trapp; Secretary Swink Von Chamier Giordano Commissioners Absent: APPROVAL OF MINUTES: Leonard motioned to approve minutes from November 2, 2016. Whitford seconded. Voice vote; All AYES. Motion passed PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: No report was given. Whitford commented on Voisin's wonderful service to the Historic Commission and all agreed that she has been a positive addition to the community and will be missed. DISCUSSION ITEMS: • Continued discussion of proposed ordinance amendments for public art installations on historic contributing buildings with the Public Arts Commission. Shostrom started the discussion by giving the background of his interactions with the Public Arts Commission and continued meetings with Ms. Harris. The Commission dissected the proposed ordinance amendments as a group. The Commission discussed the proposed changes to Ashland Municipal Code section 2.29.165 - Review of proposed artwork in Historic Districts. The Commission unanimously agreed to four specific changes to the most recent draft ordinance sent by the Public Art Commission. The changes include requiring the Public Art Commission to appear before and present the art project directly to the Historic Commission. This was suggested because the most recent Public Art Commission project (Theater Corridor Project) was presented to the Historic Commission by a member of the Public Art Commission. Another change they would like to see is to include a provision that the Historic Commission input shall be provided within 45 days AND a minimum of two commission meetings. This was requested so that discussion can take place at the first meeting and a decision will be made at the second meeting of the Commission after delivery of the proposal. In addition, the Historic Commission is requesting that the Public Art Commission notify them directly prior to any public art presentations of art concepts to the general public. The Historic Commission suggested this because the Mayor's report stated that Historic Commission members should attend public art presentations of art concepts to the general public, but they would like "official" notification of the presentations. Lastly, the Historic Commission is requesting that the Community Development Department notify all properties within the specified historic district not just properties located within 200 feet of the perimeter of the subject site. I believe the intent here was to allow for more public input affecting the historic district where the art project is located. Shostrom announced that due to the length of the meeting he would be adjusting the schedule of planning actions on the agenda. PLANNING ACTION REVIEW PLANNING ACTION: PA-2016-02201 SUBJECT PROPERTY: 221 Oak Street OWNER: Spartan Ashland Natalie Real Estate, LLC APPLICANT: Bemis Developments, Inc. DESCRIPTION: A request for a modification of previously approved Planning Action #2015-01517 for the property located at 221 Oak Street. The modifications requested include: 1) relocation of the recreation area to the east side of the property, between 209 and 221 Oak Street; 2) relocation of the new cottage to the west side of the property, in the previously approved recreation area; 3) the addition of four new parking spaces; 4) the removal of one tree (Tree #1), the large cedar located at the northeast corner of the property near the driveway entrance; and 5) modifications to the design of the home being reconstructed at 221 Oak Street including the exterior treatment and roof pitch. Also requested is an Exception to the Solar Setback requirement to allow the reconstructed home at 221 Oak Street to cast a shadow on the property to the north greater than would be cast by a six-foot fence built on the property line. The owner of the property to the north has agreed to the proposed Exception. (The previous approval granted Outline & Final Plan, Site Design Review, Conditional Use Permit, Variance, Exceptions and Tree Removal Permit approvals for the properties at 209-221-225 Oak Street and 11 B Street.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09BB; TAX LOTS: 15900. There was no conflict of interest or ex-parte contact indicated by the Commission. There was no staff report given. Shostrom opened the public hearing to the applicants. Mr. Ed Bemis, applicant, PO Box 1018, Ashland, and Mr. Ray Kistler, Architect, of 66 Water St, Ashland, addressed the Commission. They gave a brief description of the ongoing project there. After going into detail on the changes, Mr. Bemis stated that they would like a little wiggle room with their choices on siding as the manufactured brands are expensive and not easy to come by. Shostrom closed the public hearing and opened to the Commission for discussion. Whitford motioned to approve PA-2016-02201 as presented. Skibby seconded. Voice vote; ALL AYES. Motion passed PLANNING ACTION: PA-2016-01947 SUBJECT PROPERTY: 549 Fairview OWNERIAPPLICANT: James Williams/Bob Haxton DESCRIPTION: A request for a Site Design Review to allow for the construction of a 499 square foot second dwelling unit on the subject property. The proposed structure will be two stories with a single car garage located on the first floor and the dwelling unit on the second floor. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09CA; TAX LOT: 14100. There was no conflict of interest or ex-parte contact indicated by the Commission. Schexnayder gave the staff report for PA-2016-01947. Shostrom opened the public hearing to the applicants. There was no applicant present. Shostrom closed the public hearing and opened to the Commission for discussion. Some issues brought up by the Commission during their discussion were size of the siding, the porch roof, use of vertical and horizontal materials and the horizontal railing. Shostrom motioned to approve PA-2016-01947 with recommendations. Giordano seconded. Voice vote; ALL AYES. Motion passed. Recommendations Belly band with top at floor level. 10 or 12 inches wide Upper level siding with 4 or 6 inch exposure. If its hardy plank it should be smooth. • Shostrom announced that next on the agenda was 563 Rock Street and he asked Schexnayder why it had been removed. Schexnayder stated that it had been put on hold by the applicant because of some issues with the demo application. Schexnayder went on to say that the planning department has requested further information from the applicants regarding the project, specifically engineering and economic calculations. Mr. Casey Bright, neighbor of the applicants at 563 Rock approached the table and said he didn't know that this project had been pulled from the agenda. Mr. Bright asked about the project and wanted to know the specifics of the permit and wanted to meet the applicants to discuss the potential for saving the house. PLANNING ACTION: PA-2016-02103 SUBJECT PROPERTY: 133 Alida Street OWNER/APPLICANT: Mike and Karen Mallory, trustees for the Mallory Revocable Trust DESCRIPTION: A request for Site Design Review approval to construct a 417 square foot Accessory Residential Unit for the property located at 133 Alida Street. The application includes requests for Exception to the Site Development and Design Standards for the placement and screening of parking relative to the Accessory Residential Unit, (The proposal is based upon designation of Alida Street as the front lot line which is consistent with the established orientation of the historic contributing "James A. & Viola Youngs" house on the property.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R- 2; ASSESSOR'S MAP: 39 1E 09DA; TAX LOT: 3300. Von Chamier stated that she works for Kencairn Landscape who is the applicant for this project. She stated that she can make an unbiased decision and doesn't know any of the details regarding the project. Schexnayder gave the staff report for PA-2016-02103 Shostrom opened the public hearing to the applicants. Mike and Karen Mallory, owners of 133 Alida Street, in Ashland, and Kerry Kencairn, applicant representative at 545 A Street, Ashland, addressed the Commission. Ms. Kencairn gave a brief description of the project and went on to say that every effort was made to make it work and make sense in the neighborhood. Mr. Mallory pointed out that the unit encroaches into the 8 foot buffer and it will replace the existing garage. Mr. Mallory added that they shifted the porch back to the north side and put a fence up to address the neighbor's concerns. They feel they have gone above and beyond for all interested parties. Shostrom closed the public hearing and opened to the Commission for discussion. Giordano motioned to approve PA-2016-02103 as presented. Whitford seconded. Voice vote; ALL AYES. Motion passed COMMISSION ITEMS NOT ON AGENDA: • 165 Water presentation Amy Gunter, Rogue Planning and Development, 1424 S. Ivy Street Medford, OR addressed the Commission. Mr. Gil Livni and Brian, from Ron Grimes Architects was also present. Below is an excerpt from Amy Gunter's presentation describing the project at 165 Water: The proposal is for a 44,516 square foot, three-story, mixed use commercial, hotel and residential condominium structure. The proposed structure is oriented towards both streets with the primary orientation towards the higher order street, Water Street. The proposed structure is 9,309 square feet of commercial space on the ground floor divided into nine tenant spaces. The spaces are a mixture of retail, commercial space, coffee shop, the hotel lobby and lobby for the residential units. The second floor is proposed as 17,220 and is proposed as a 27-unit hotel. The hotel rooms are between 250 and 450 square feet. A larger studio unit and Honeymoon Suite are proposed they 712 square feet and 631 square feet. There is also breakfast dining area, a 1,062 square foot fitness center and a balcony area. Each hotel unit is proposed to have a small balcony area to provide some outdoor space. The second floor is larger than the first floor with most the additional building square footage at the rear of the structure where the second floor overhangs the rear of the first floor. The third floor is proposed as ten residential units. The entire square footage of the floor is 18,257 square feet in area. The residential units range in size from 1,055 square feet to 1,637 square feet and between one and three bedrooms. Orientation of the structure is towards the intersection with prominent ground floor entrances on both street frontages. An "anchor" space entrance faces Water Street near the intersection. The structure is proposed as close to the intersection as feasible with the building fagade occupying much of both street frontages. The entrances to the commercial units open onto the public pedestrian areas and the outdoor seating areas. The entrances are all designed in a manner to provide clear, visible, and functional entrances with direct access to the public sidewalk. Emphasis has been provided to the entrances using roof overhangs and awnings. Upper story floors provide roof cover, the recesses in the fagade provide arcades and awnings protect pedestrians from the rain and sun. The fagade of the building along the street frontages have offsets, jogs and other distinctive changes in the building's fagade will create a pedestrian friendly environment. The building has been designed to give the impression of separate, 25 - 30-foot wide buildings with building material changes, surface treatments and finishes that provide interest and emphasize the "separate" buildings attached along the frontage and provide emphasis on the entrances. End of excerpt. Ms. Gunter went on to say that the next step is a formal application and they are looking for feedback on the proposal. The Commission discussed the proposal in depth and below are comments that were made. • The Commission likes underground parking rather than the "car stacker," which was part of the last proposal. • Shostrom stated that the building is too big but a big improvement over the first few proposals. He went on to say that there is very good quality of detailing on the building. • Emery likes the design because it breaks up the massing and looks like separate buildings. Makes it look like mixed architecture and more like downtown. • Swink stated that he likes how the building is broken up. He likes the stucco, brick and wood. • Giordano says that it may be the rendering, but there is something off about it. • Shostrom likes the grounding of the corners but feels, a masonry building shouldn't be sitting in the air. Seems like the applicant is trying to put too much building on the lot. • The Commissioners were in agreement that they wanted more time for the review of the photos. • Emery commented that the building is transitional and next to commercial, industrial area and seems to fit and likes this design much better. • Skibby remarked it's quite an improvement. • Leonard conveyed she wishes the building could sit flat on the ground. • Emery called attention to the fact that the City needs more hotels downtown. • Commissioners heartily endorsed the project and appreciate all the perspectives given. NEW ITEMS: • Review board schedule • Project assignments for planning actions • Historic Preservation Week: May 141h - 201h 2017 - Banner info "Commissioners request accordion style file folders to hold their plans during their site visits. Trapp will order these before the next meeting. OLD BUSINESS: There was no old business to discuss. Review Board Schedule December 81h Terry, Keith, Bill December 151h Terry, Taylor, Tom December 22nd Terry, Piper, Sam December 29th Terry, Taylor, Bill January 5th Terry, Keith, Dale 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-2014-02206 485 A Street Whitford PA-2015-00178 156 Van Ness Ave Shostrom PA -2015-00374 160 Lithia Way Emery PA-2015-00878 35 S. Pioneer Leonard PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01695 399 Beach Skibby PA-2015-01517 209 Oak Shostrom PA-2015-02203 868 A Street Whitford PA-2016-00275 574 Allison Emery PA-2016-00387 95 N. Main Shostrom PA-2016-00763 5 N. Main Swink PA-2016-00209 25 N. Main Giordano PA-2016-00818 175 Pioneer Shostrom & Skibby PA-2016-00847 252 B Street Whitford PA-2016-00587 872 Siskiyou Blvd Skibby PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-01641 221 Oak Street Shostrom PA-2016-01947 549 Fairview Emery PA-2016-02103 133 Alida Swink ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled January 4, 2017 at 6:00 pm There being no other items to discuss, the meeting adjourned at 9:03 pm Respectfully submitted by Regan Trapp CITY OF -ASHLAND ASHLAND PLANNING COMMISSION ASHLAND HOUSING & HUMAN SERVICES COMMISSION JOINT STUDY SESSION MINUTES OCTOBER 25, 2016 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. Planning Commissioners Present: Housing & Human Services Commissioners Present: Troy J. Brown, Jr. Thomas Buechele Michael Dawkins Michelle Linley Debbie Miller Heidi Parker Melanie Mindlin Riche Rohde Haywood Norton Gina DuQuenne Roger Pearce Sue Crader Lynn Thompson Council Liaisons: Absent Members: Greg Lemhouse, absent Thomas Gunderson Pam Marsh, absent Sharon Harris Joshua Boettiger Staff Present: Bill Molnar, Community Development Director Brandon Goldman, Senior Planner Linda Reid, Housing Program Specialist April Lucas, Administrative Supervisor ANNOUNCEMENTS Community Development Director Bill Molnar announced the November 8 regular meeting will include two public hearings. One is an appeal of an administrative decision and the other is a proposal for a mixed-use building in the North Mountain area. He also noted the commission's annual council update has been scheduled for Tuesday, December 6. Mr. Molnar commented on the recent newspaper article on the Transit Triangle project and stated it was not quite accurate. He clarified this study will be coming back to the commission in November and then to the city council in December for direction on whether to proceed. PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Commented on climate change and the need to stop adding carbons. He stated the city's comprehensive plan should be updated and all possible conservation measures should be done at the time of initial construction. DISCUSSION ITEMS A. Local Housing, Employment, and Income Trends. Guy Tauer, State of Oregon Employment Department. Senior Planner Brandon Goldman introduced Guy Tauer who provided a presentation on local housing, employment, and income trends. (See Attachment 1) Ashland Planning Commission October 25. 2096 Page 9 of 3 Commissioner Questions Mr. Tauer was asked about the relationship between construction costs and housing costs. He responded that he does not have strong data on the construction side and stated the local home builders association would be a good resource for this. Comment was made that the demand is there, but the construction is not, and Mr. Tauer was asked if he has an explanation. He responded that there are a number of different factors including tight lending standards, rising student loan debt, and a difficult job market in the valley. He stated the builders aren't building starter homes and instead are catering to people with money. When asked if developers are not building because of the high price and availability of land, Mr. Tauer remarked that many builders suffered severe losses following the recession and are not willing to take those risks again. Comment was made that a recent article stated Medford and the surrounding area has the fastest growing housing costs in the country and this is a serious problem that needs to be addressed. B. Housing & Human Services Commission Update. Housing Program Specialist Linda Reid provided an overview of the goals and recent actions of the Housing & Human Services Commission. Commissioner Buechele commented on the importance of the commissions working together. He stated their commission has faced opposition on some of the recommendations they have brought forward and stated it would be beneficial if the Planning Commission could weigh in and offer their support. Commissioner Mindlin commented that the Planning Commission is a quasi-judicial body that is bound by the land use code, and rarely get to make subjective decisions, Community Development Director Bill Molnar clarified there are areas where the two commissions will overlap, including tiny homes and cottage housing. Mr. Molnar commented on the difficulty in getting people to build rental housing right now. He explained the city is looking into possible zoning changes that could require new units to be rentals instead of for purchase units, and the transit triangle infill project was also mentioned. Commissioner Mindlin thanked the Housing and Human Service commissioners for sharing what they are working on. She stated she is interested in their work and hopes they will be interested in what the Planning Commission is doing as well. Staff was asked how the Housing & Human Services Commission will be updated on items the Planning Commission is working on. Mr. Molnar responded it depends on the issue. The infill strategies project was initiated by the city council and they will get their update first in order to follow proper process, however staff could provide an update to the Housing & Human Services Commission at one of their meetings. Regarding cottage housing, he stated this ordinance still needs some fine tuning but then it will be brought before the commission as well. C. Comprehensive Plan Housing Element Update. Senior Planner Brandon Goldman explained staff has been reviewing the Housing Element in the city's comprehensive plan and stated much of the demographic information is very outdated. He stated they are looking to remove the dated information and create something that is a little more timeless and make it more of a living document. Housing Program Specialist Linda Reid asked for two volunteers from each commission to assist with the public participation process. She provided a sample timeline and listed potential outreach opportunities and clarified the volunteers will work to identify the scope of the public engagement. Planning Commissioners Pearce and Miller volunteered. Commissioner Rhode requested the Housing and Human Services Commission select their representatives at their next regular meeting since they are missing members tonight. Ashland Planning Commission October 25. 2096 Page 2 of 3 ADJOURNMENT Meeting adjourned at 9:00 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission October 25. 2096 Page 3 of 3 11/2/2016 Attachment #1 State of Oregon Employment art ment yep p Loca I Housing, employment and Income Trends 10-25-16 ~r All areas have added jobs over the ast year. Over-The-Year Job Growth by Local Workforce Area August 2015 to August 2016, Seasonally Adjusted 18,000 16,000 14,000 12,000 10,000 a=" 8,000 qtr y 6,000 4,000 2,000 ~ q(' E ~o~~o Ja\\o~ G~aeS ~a~o J~\o~ a~a~ `o~o~ `o~oc `o~o~ 5 e o~ O O O a ~o r 5 1 11/2/2016 12-Month Job Growth Rates by Local Workforce Area August 2015 to August 2016, Seasonally Adjusted 6.0% 5.0% 4.0% 3.0% 2.0% l i I I ' 0.0% a~~CD e, r Q a o~ 0 Portland area contributing most to state's recession recovery Care a is REgio and tt» treat Recess - Gor g+ra Nr~rttieast ~rr♦ f+3_ Coasi Intfivii]f~ai Re~~ic~n P a>rilarvW t~TSA Wfil ariaeii=c+ Vailrzy Soa.a tS-. ~sa~~t~rri Y Rcxp l.ln Vai3Py Sc~a~t#rwt^stP rr. CP ntrai .ri c1 .rrf~~. ~+cl3n..a tt>. .n. ~l t.l rrgtrs iM %N,+ra E. s F..>F-.-. M.>lFr.~..r II l.f.l r. f >s~{>t ~ t.u try. Ur>i a3. %:k. 2 11/2/2016 Growth in the Portland area and the Gorge helped drive Oregon's 8.2% 10-year growth rate. 10-Year Employrnant Grcv%th, Oregon, 2005-2015 f f q x f Growth ) /r J 01 -16.6 to-10.1 - o -10 .o to -0.1 i 0.0 to 9.9 10 10.0 to 16.9 i / 17.0 to 50.8 Jackson County Job Growth 2005-2015 Health care and social assistance - 25. Transportation, warehousing, and utilities 16.0% Leisure and hospitality i 13.5% Federal government 11.0% Manufacturing 2.0% State government 1.7% Government 0.3% Local education -0.2% Total nonfarm employment -0.4% Total private -O.5% Local government -2.6% Wholesale Trade Professional and business services Other services -60% Retail trade -8.8% State education -12.2 Financial activities -16.5% - Information -2F 7°% Construction-3p.6%_ . -40.0% 0.0% 10.01/. 20.0% 30.0% 3 11/2/2016 The Conference Board's Help Wanted Online Data Series Seasonally Adjusted ( -Medford MSA Total Ads 5,000 U) 4,000 a~ c p 3,000 a 92 c 2,000 - - - a m 1,000 0 Jan-08 Jan-09 Jan-10 Jan-11 Jan-12 Jan-13 Jan-14 Jan-15 Jan-16 January 2008 - September 2016 Source: The Conference Board Help Wanted OnLIneTM (HWOL) Rogue Valley Leisure an Hospitality Payroll Employment 4 500 14 O 13,51 i .~teaa f 3 sT, ~ x* 12.620 IZ500 11 Lei 10.930 1 0 5CO 1 0.000 2-001 Z2 71003 2004 405 *Z.J17•F ZrA7 C 5 7V -015 114 2Q~15 4 11/2/2016 Employment lackson C umy Click- and dran in the Oct area to z _orn in. DeCamecrZ7~9 Employment: 3 303 Employment Informatior Private lacksor,, C-~-Un`y Click and drag n the past area to zoom in. r; c Di Jubi 2008 1 Emplayment: t 566 20 16 5 11/2/2016 Employment Prcr~-ssicnal and Cusiness Services- P •vate la_ksor,'-c :nty Click a^d drag in the Plot ar= a to ~:Dcrn m, S c ii7 Employment Retail Trade (44- S). Private Jackscn ti unrv Click and drag in the ,!cat area to zoom ir- -014 6 11/2/2016 Employment M.anufacturinQ, Ph a- (a_k-r.or t ,unto Cii~-k and drag in the plot area r_ zoonn in" Jackson County Manufacturing Employment and Wages 2Q 2015 Wood product manufacturing " - - $46,068 Food manufacturing $32,624 Transportation equipment manufacturing $66,932 Chemical manufacturing $55,752 Machinery manufacturing $42,336 Fabricated metal product manufacturing $39,060 Computer and electronic product mfg $43,648 Printing and related support activities $32,972 Miscellaneous manufacturing $35,664 Beverage & tobacco product manufacturing $27,132 Nonmetallic mineral product mfg $45,572 Furniture and related product mfg _ $34,956 Apparel manufacturing $47,676 Textile product mills $28,880 Petroleum & coal products manufacturing $35,404 - w , . - O 500 1000 1500 2000 2500 2Q 2015 payroll employment 7 11/2/2016 Employment Tra^_portation. Warehousing r Ltdives. Private Jackson corunty, Click and drag in the plot area to zoom in. May 2Q11 mploymcnc: 2 642 77 Employment _ Educatio. and Health Sef-vicc-.. Private Jackson County Click: and drag in the plot area :.D oc=m its 'emu K 23.-1 2-14 8 11/2/2016 Housing Econ 101- Rogue Valley Supply and Demand • The Rogue Valley had 294,695 residents as of July 1, 2015, with 210,975 in Jackson and 83,720 in Josephine County. Between 2010 and 2015, Jackson County added 7,769 residents, growing by 3.8 percent. Josephine County grew by 1,007 residents, up by 1.2 percent. Both counties lagged the statewide overall growth rate of 4.8 percent from 2010 to 2015. Employment Comtrurtion, Private Ja:kscr County Click and drag in the plot area -,a zoom in - - z . 9 11/2/2016 Jackson County Residential Unit Building Permits 1981-2016 2500 2000 1500 Recent series low in 2009 885 1000 500 0 9:1 a`O %A 10, ;§6 S:° 0^ ~l ~6 04' 0cO o° o^ of on' op o`' o`O o~ o~ o°j ^1 ~o w s Allow Average Monthly Rent Medford Metro $1,600 $1,400 $1,200 Low vacancy rates pushing $1,000 recent rent costs above trend line $800 $600 $400 $200 O.y'1. Oti~ O,y'L 01ti O,y'1, Otis' 0^~' O,1'3 O,yA 5 ,1A O,~4i 0.15 01~ Otis O.y~o O.y'l O.y'~ ~ c 1" y'L ~'L Q'L ~1, J>ti ¢`ti anti `tti a~~ J~ti a 'L - 'L o~'L Q~'L QQ'L >a ego PQ Se EQ > O ~S ~ ~ P > > ~ P 10 11/2/2016 Gross Rent Paid $1,500 or more w J Z $1,000 to $1,499 $750 to $999 $500 to $749 Oregon 5 Ashland $300 to $499 $200 to $299 Less than $200 - - - 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 a- Gross Rent as Percent of Household Income Ashland and Oregon 35.0 percent or more 30.0 to 34.9 percent 25.0 to 29.9 percent A Oregon Ashland 20.0 to 24.9 percent 15.0 to 19.9 percent Less than 15.0 percent k 4 k 0.0% 20.0°.6 30.0% 40.0% 50.0% 60.0% 11 11/2/2016 Zillow Medford Metro Home Price $300,000 $260,300 $250,000 $231,700 $200,000 L~ $150,000 t~ $100,000 $50,000 .........3. " 5 I $o . _ - h . _ A - - - 000 001 00$ 00°' 000 0,~0 O,vy. 0,~ 01~ O,y3 O,yA O.yS O,yZ 0,6 Oc~~ ,.~~'L PQ~,L ~ac,L O~t'1' ~v~•y p'Q~'y ~an~y O~'~~ >J~'L PQ~'L ,ac'L OL~'L ,J~'L ANEEM Income Owner vs Renter-Occupied $150,000 or more $100,000 to $149,999 _ v... $75,000 to $99,999 - - op i Y", $50,000 to $74,999 i 4 3 ht.?, r?y 7 r r Z r. ...,5i«: $35,000 to $49,999n.+h~,.? N}k r $25,000 to $34,999 'w t i ~E 2~ sq $20,000 to $24,999 ° Q ry Owner Occupied $15,000 to $19,999~'K Renter occupied $10,000 to $14,999 $5,000 to $9,999 Less than $5,000 4`. 10.01A ls.oA 25.0% 12 11/2/2016 Medford Metro All Homes $240,800 5 Year Home Prices Year Over Year Annualized 11.7% 7.5% 8.9% 7.0% Quarter Month Over Over Year Over Current Month Quarter Year Top Teir $385,600 0.5% 1.7% 8.1% Middle Teir $240,800 0.7% 2.1% 8.9% Bottom Teir $174,200 0.9% 2.8% 12.3% I ow Rent Index Rent estimate / sq. ft. Month Quarter Year Month Over Quarter Over Year Over Over Over Over Current Month Quarter Year Current Month Quarter Year $1,454 -0.4% 1.5% 12.1% $0.93 -0.2% 0.9% 10.2% Jackson County Owner-Occupied Housing Values 2014 $500,000 to~ $1,000,000 or more $999,999 1.5% 7.C% Less than $50,000 12.8% $50,000 to $99,999 4.2% $300,000 to- $499,999 19.1% $100,000 to $149,999 10.8% w` s. $150,000 to $200,000 to $199,999 $299,999 15.4% 29.2% a 13 11/2/2016 Owner- Occupied Housing Value $1,000,000 or more $500,000 to $999,999 CC t. - $300,000 to $499,999 , ~,•1 $200,000 to $299,999 - ...:ti _ . Oregon . Ashland $150,000 to $199,999 $100,000 to $149,999 _ $50,000 to $99,999 Less than $50,000 - - - - - - - - - - 0.01A 5.0% 10.0% 15.0°6 20.0% 25.0% 30.09/6 35.056 40.0% 4-2 Owner Cost as a Percent of Household Income K y 35.0 percent or more dt yea. 30.0 to 34.9 percent a 25.0 to 29.9 percent Oregon Ashland 20.0 to 24.9 percent "Y 1} Less than 20.0 percent - - - 0 0.05 0.1 0.15 0.2 0.25 0.3 0.35 0.4 0.45 14 11/2/2016 Household Income 2010-2014 $200,000 or more - ' $150,000 to $199,999 f i. Ashland $125,000 to $149,999 Oregon $100,000 to $124,999 I r,; $75.000 to $99,999 r y $60,000 to $74.999 r,.^ ^ . $50,000 to $59,999 ` 77 $45,000 to $49,999 f - ' $40,000 to $44,999 $35,000 to $39,999 pp $30,000 to $34,999 $25,000 to $29,999 $20,000 to $24,999 $15,000 to $19,999 $10,000 to $14,999 Less than $10,000 0.0% 2.0% 4.0% 6.01/. 8.0% 10.01/. 12.0°/6 14.0% Real Per Capita Personal Income 45000 35285 41604 32990 40000 _ 35000 30000 cv A~ ~ ~ y2; ~ 3• 25000 t t 1,7f* .r Jackson County el~ T r4., a1 A: Jos lne County W-. 20000 Portland nd MSA ~ d 15000 f« A ' r 10006 EIr5000 2008 15 11/2/2016 Median Household tncome (1997 - 2014) 1 tom. fF~ 3' rf ~ t N s a .se's __.s _X.= i _ £3J5 _rY?.i 3~% r'*.; 0 wU M1 I State j County Nsme vrca : t --n L4" it - nvle, n ` F_qw ,"I-M Jackson County Average Wage Per Job $45,000.00 . $40,000.00 $35,000.00 $30,00().00 $25,000.00 $20,000.00 $15,000.00 $10,000.00 $5,000.00 $0.00 01 01 O'L O'L O'3 O'' OP Ob O~ Oh Ot° OC O'~ O'~ O~ O~ O°' O°' ,ti0 ,ti0 ,y'ti yti y'L ,ti'L ,ti3 ti3 tia tia 'tis tih 10 ,LO ,LO .LO ,LO ,y0 ,LO .ti0 ,LO ,LO ,LO ,LO ,LO ,LO .LO .ti0 ,~O .LO ,LO ,ti0 .LO ,LO ,LO .ti0 ,LO .LO ,y0 ,LO ,LO ,ti0 .LO .LO o-y &I o'' &I C' &I o''' 6,, o'' OI d>' CP o' &I o~- O' O,' C', d, d~ d~ do O o-~, OS 0 O, 0~' o-ti 16 11/2/2016 Lower Quartile Cash Rent Paid 2010-2014 Census 5-year estimates soo 700 $600 600 $511 Soo .....$469 400 300 200 - 100 c c c c c c o c c c c c c c c o c c c c c c c c o o ~o ~o ~o ~o ~o ~o ~o ~o ~o q; 'o 6 o zo ~o So -o 'o 63 o o ~o 0 ' ~e ~z <e ~ O~ O~ ~z < ~z ~z cz ~z ~z ~z tz ~z ~ O e ~z O~¢ O O ~ z O~ O~ O O O O O O O O O O O O O O O O O O O O O 1 Cc Ocz Ocz Oc Ocz Oc O `'J cJ cJ cJ J• J` c\• J• J` J• i` i• J` A` A' J` i• J` J• J` J` J` J` J• J` J' J` J` J` ~i` J J c c c c c c c c c c c c < c c c c c c c c c c J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J L J O LO LO LO C.O LO LO LO LO LO O LO CO L o§- L O C. O LO LO LO LO LO LO LO O LO O LO O O O O LO LO LO LO LO L L a~a~cz9.czJ~z¢?zcV<aczao~oc~°~,~°° cs°Q~,, c; \a~ oJCO a ~e~,asc°z.~c¢'~;\Fo\F•o LJ~~aio< QO\~L ~L L ~acao`~S~zc iaF soot cocc `~,ac~~~o~0 ~o0 & b i Jt• s.. 0- 1 Index of rental affordabililty 140 Less affordable More affordable - 120 - Average Wage divided by lower quartile cash rent paid 100 80 _ . . _ . 60 -r. . 40 20 O Y = O u u ~.._u u u u v v v u° u u u.. u...V. u,.., U c ° m m ° 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 C o O o a a o o C) u° u _ c o `-6 V' o o s ' 3 ° o o = ' co c c c _2 c =o j cc °c - i7 _ ° - v v v ° v E C) u m ~ v 17 11/2/2016 Rent as a Percent of Household Income 2010-2014 Not computed 50.0 percent or more 40.0 to 49.9 percent 35.0 to 39.9 percent 30.0 to 34.9 percent i~ i :rir'4rk~`v `ti{v'v v-tip"v Q D o ug l a s Polk County 25.0 to 29.9 percent OJackson County 20.0 to 24.9 percent y - - - - - - - - - - 15.0 to 19.9 percent _ ._.r;. 10.0 to 14.9 percent Less than 10.0 percent - 0.0% 5.0% 10.0% 15.0, 20.0% 25.0% 30.0% 35.0% ~Irti Percent of Jackson County Renter Household that Spend More than 30% of Income on Rent by Household Income Level $75,000 or more: I $50,000 to $74,999: $35,000 to $49,999: . _ . S $20,000 to $34,999. $10,000 to $19,999: Less than $10.000. _ 6 - - - - - - O % . ' 70% 80% 90% 100 ^ 18 11/2/2016 Jackson County Gross Rent as a percent of household income 2010-2014 50.0 percent or more 40.0 to 49.9 percent 35.0 to 39.9 percent 30.0 to 34.9 percent 25.0 to 29.9 percent 20.0 to 24.9 percent 15.0 to 19.9 percent 10.0 to 14.9 percent Less than 10.0 percent O 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 : f Years of average wage to buy average price home in Jackson County 7 5 4 3 2 1 0 0_^-0..0_^_-oo oo 00 0o rn m-0..-m o o..o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N r~l N C~I N N N N N ~ C V N M M C C N T C cDf V ~ d d Cr d d Cr ~d d d c d d ~ ~ d d ~ d ~ d d d d d ~ d 19 11/2/2016 Average Rent Percent of Average Monthly Pay per job in Jackson County 0.42 0.41 g... t 0.4 0.39 038 0-37 0.36 0.35 0.34 0.33 0.32 ,y1 1'l. ,yy .y1 ,y'L y'L .y'L .~'L 'y'3 ,LO .LO .LO .LO .ti0 -LO .LO .LO -LO .LO -LO .LO .LO -LO .LO .LO .LO .LO .LO .LO .LO Medford Metro Average Home Price / sq. ft. $180 $152 j1'11 $84 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 20 11/2/2016 Jackson County Population and Labor Force Forecast 350000 Total Population 300000 - Civilian Labor Force 250000 200000 150000 - - - 100000 50000 - - ij, [ 4'l 2015 2020 2025 2030 2035 2040 2045 2050 2055 2060 2065 r Subscribe to Receive Our Publications • Sign up to receive publications on Oregon's labor market by email! • Visit Qualitylnfo.org - Click Publications, then Subscription Order Form - Enter your email, and choose which publications you'd like to receive. . _ _.J.."_. ._s.., rs .i a ...t. ..r..Ek ..~`~..w~:.. ~.,...r.;;_._. _ r.: s .c a~_''y✓c?.;1'n"a~.... , 0REG6 STIiREE MINIMUMWAGES 21 11/2/2016 Oregon Employment Department Guy.R.Tauer@oregon.gov (541) 816-8396 To find this presentation online, go to www.Qualityinfo.org and use the search box to look up my name Join the conversation: Oregon Employment.blogspot.com Twitter @OrEmployment 22 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 8, 2016 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 provided an overview of the upcoming meeting schedule. He stated the commission will hear from the consultants on the Transit Triangle Infill Strategy project at their November study session and this item will go before the council on December 19. He stated there will be a public hearing at their December meeting, however the December study session may be cancelled. CONSENT AGENDA A. Approval of Minutes. 1. October 11, 2016 Regular Meeting. Commissioners Dawkins/Brown m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 7-0. PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Spoke to the commission regarding climate change. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: PA-2016-01504 SUBJECT PROPERTY: 1098 B Street OWNER/APPLICANT: RNN Properties, LLC DESCRIPTION: The Planning Commission will consider an appeal of staff's approval of a request for Site Design Review to allow the re-construction of a second dwelling located on the property at 1098 B Street. The approved application also includes requests for Exception to Street Standards to not install city standard sidewalks, to allow the retention of an existing driveway curb cut on North Mountain Avenue that is closer to the adjacent curb cut than allowed by current codes, and for a Tree Removal Permit to remove a 151/2 -inch Ash tree. The appeal request focuses on the Exception to Street Standards to not install city standard sidewalks, asserting that the additional square footage proposed should trigger sidewalk improvements. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING: R- 3; ASSESSOR'S MAP: 391 E 09AD; TAX LOT #:100. Ashland Planning Commission November 8. 2096 Page 9 of 5 Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Thompson, Brown, Norton, Pearce, Dawkins, Miller, and Mindlin declared site visits. No ex parte contact was reported. Staff Report Associate Planner Derek Severson explained the property is located on the corner of B St. and Mountain Ave. and the applicants are requesting to expand the existing 672 sq.ft, two bedroom residence to a 2,063 sq.ft. three bedroom unit, and demolish the 504 sq.ft. one bedroom unit and replace it with a 1,785 sq.ft. three bedroom residence. The request also includes an exception to the Street Standards to not install city standard sidewalks, to allow the retention of an existing driveway curb cut on N. Mountain Ave. that is closer to the adjacent curb cut than allowed by current codes, and for a tree removal permit to remove an Ash Tree. Mr. Severson stated this request was approved by staff with a number of conditions of approval; however during the appeal period this action was called up for a public hearing by one of the neighboring property owners who feels the additional square footage should trigger sidewalk improvements. Mr. Severson provided a presentation which included images of the project site, proposed floorplans, elevations, and landscape plans. He explained that while the proposal does not increase density, the increase in square footage and number of bedrooms could be found to be an intensification that would warrant street improvements to at least one of the frontages. He went on to say staff visited the site with Public Works Dept. staff who indicated the city standard sidewalks and parkrows could be installed without impacting the existing utility poles, however in order to install the required ADA ramp at the corner of N. Mountain and B Street a fire hydrant and two utility pedestals will need to be relocated. Further, the Public Works Dept. offered to handle the relocation of the fire hydrant if one of the street frontages is improved to city standards, and if sidewalks are installed on both frontages they will pay up to 50% of the design and construction costs for the ramp. The Public Works Dept. also requested that if only one sidewalk is installed, that it be on the N. Mountain frontage since this is a "Safe Routes to School" corridor, Questions of Staff Mr. Severson clarified the criteria for approval of an exception to the Street Standards is listed on page 77 of their packet and states; 1) There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site; 2) The exception will result in equal or superior transportation facilities and connectivity, which for pedestrian facilities is to consider 'feeling of safety, quality of experience (i e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway; "3) The exception is the minimum necessary to alleviate the difficulty; and 4) The exception is consistent with the Purpose and Intent of the Street Standards in subsection 78.4.6.040.A. Staff was asked what the unusual circumstance in this case is. Mr. Severson responded that the site contains utility infrastructure and clarified if either frontage is improved the corner ramp would be required. He added the commission could find that the cost to complete these improvements is not proportional to the impact of the project. Mr. Severson noted the proposed condition regarding the ingress/egress easement and stated staff is recommending approval of the application but upholding the appeal with regard to the sidewalk installation on N. Mountain Ave. Applicant's Presentation Amy Gunter/Rogue Planning & Development/Mr. Gunter reviewed the site layout and clarified there is a corner ramp on the opposite side of B Street but it is not an ADA ramp, and clarified the driveway design would allow vehicles to exit in a forward manner. Ms. Gunter stated the proposal does not increase the trip generation figures and it is a stretch to claim the increase in structure size will increase trip generation. She also stated installing city sidewalks and corner ramp would require substantial changes to the property and street and would result in significant engineering and construction costs. Ashland Planning Commission November 8. 2096 Page 2 of 5 Chris Hearn/515 East Main St/Stated the estimates for improving the two street frontages are $16,041 and $3,208; however, the engineering costs will likely be double the construction cost. He stated two homes currently exist on the site and the proposal only increases the size, not the number of units. Mr. Hearn stated this is intended to be rental housing and unrealistic barriers are being put up. He agreed that the city should have connecting sidewalks but stated the conditions should be reasonable and fair based on the impacts of the project and disagreed with putting the full burden of this connection on one applicant. He stated sidewalks would be a benefit to everyone in the neighborhood and the costs should be shared. Questions of the Applicant Comment was made that the City has a Transportation System Plan (TSP) and it is the responsibility of people purchasing property to be aware of the projects identified in that plan. Mr. Hearn commented that when people purchase property a lot of them are not aware of what the city may require and it is difficult for the average property owner to foresee how this will pan out. Ms. Gunter stated they will be required to pay city system development charges which puts money into the pot to fulfil the goals of the TSP. She stated it is unfair to put this full burden on one person and the money the city has collected for systems development charges should be used to accomplish the improvements most important to the city. Ms. Gunter clarified the applicant agrees to participate in a future local improvement district (LID) and stated this is a more reasonable approach since the other property owners would share in the cost for the neighborhood improvement. Public Testimony Brent Thompson/582 Allison/Stated he is the owner of 1094 and 1096 B Street and used to own this property as well. Mr. Thompson stated the density will be greatly increased with the addition of the proposed bedrooms and this would be a far better project if it included sidewalks. He stated he has previously obtained bids to place sidewalks in front of his properties and would still like to do this in the future. He added if the curb was recessed slightly it would allow for another one or two on-street parking spots. Mr. Thompson explained the easement on this property was added when an alley in this location was vacated in order to facilitate potential future development of his two lots. He stated it is difficult to state the density for this site is not going up and that traffic won't increase. He requested the applicants be required to install city sidewalks however he urged the city to do the best they could to minimize the costs. Applicant's Rebuttal Amy Gunter/Stated the property owner would be willing to do the improvements on the B Street frontage, which includes the ADA ramp on the corner. Questions of Staff Staff was asked if the city would require the applicants to install a parkrow. Mr. Severson clarified a parkrow is required unless an exception is requested and approved. He added, however, there is no clear standard for parkrow configuration in regards to parking bays. Mr. Severson clarified the pre-application comments provided to the applicant in February 2016 identified the sidewalk and parkrow improvements required by city standards. Commissioner Mindlin closed the record and the public hearing at 8: 70 p.m, Discussion and Deliberations Commissioner Dawkins/Brown mis to approve of PA-2016-01504 with the additions of requiring a sidewalk and parkrow along N. Mountain Ave., and requiring a sidewalk and perhaps a parkrow (to be determined by the Public Works Department on B Street). Staff will work with the applicant on increasing size of B Street and determine whether a parkrow is necessary at the east end of B Street. DISCUSSION: Dawkins commented that this is a very busy street and stated the city spent a lot of time identifying connectivity projects in the TSP. He noted there are already parkrows along N. Mountain and this pattern should continue, however on B Street he is comfortable with Ashland Planning Commission NoveMber 8. 2096 Page 3 of 5 waiving the parkrow requirement so that on-street parking could be provided. Brown stated while he is struggling with the economics it is important to have continuity of the sidewalks through this area. He stated when you develop a property you need to install sidewalks and does not believe they can side step this requirement; however he stated it needs to be equitable and the city should do what they can to mitigate the costs. Norton stated the sidewalk requirement and future costs should have been factored in by the property owner when they purchased this lot and he is in support of the motion. Pearce stated he does not believe the applicants have met the exception standard as there is nothing unusual about this property, however he stated the required improvements should be proportional to the impact of the project. He stated he is supportive of requiring sidewalks on N. Mountain but has a hard time seeing the impact on B Street. Miller stated she is inclined to support sidewalks on B Street, but not N. Mountain and stated she would like to mitigate the costs by making it simpler for the applicants. Thompson voiced her support for the motion. She stated this is a significant development of the site that will triple the size of the living space and agreed with Pearce that the exception standard has not been met, Thompson stated, however, she is struggling with the cost issue and supports the city working with the applicant to alleviate some of the financial burden for the improvements. Mindlin noted that the applicants were informed of the sidewalk requirements during their pre-application conference but voiced concern with the proportionality of what they are requiring. She stated there is some justification that some of it should be put off for a future local improvement district and stated she is interested in entertaining Commissioner Pearce's proposal. Commissioners Pearce/Miller m/s to amend to the motion to require a sidewalk and parkrow on N. Mountain only. DISCUSSION: Comment was made that the TSP clearly states N. Mountain is a Safe Street corridor and this frontage should be the priority. Thompson noted the cost to improve the B Street frontage is fairly minimal and stated the city has already offered to cover a portion of the costs for the ramp, Dawkins stated he cannot support the amendment and voiced his support for the improvements to be made to both N. Mountain and B Street. Roll Call Vote: Commissioners Miller, Pearce, and Mindlin, YES. Commissioners Brown, Dawkins, Norton, and Thompson, NO. Motion failed 4-3. Roll Call Vote on original motion: Commissioners Brown, Dawkins, Miller, Norton, and Thompson, YES. Commissioners Pearce and Mindlin, NO. Motion passed 5-2. B. PLANNING ACTION: PA-2016-01896 SUBJECT PROPERTY: 601-691 Fair Oaks Avenue OWNER/APPLICANT: Ayala Properties, L.L.C./KDA Homes, L.L.C. DESCRIPTION: A request for Site Design Review approval to construct a new 15,456 square foot three- story, mixed-use building to be located on Lot #71 of the Meadowbrook Park II Planned Unit Development (Tax Lot #800) located at 601-631 Fair Oaks Avenue within the North Mountain Neighborhood Plan area. The application also includes a request for Modification of the approved Site Design Review (PA #2016-00617) for a three-story, mixed-use building to be constructed on the adjacent Lot #70 (Tax Lot #700), located at 651-691 Fair Oaks Avenue, in order to modify the building's exterior design. No changes are proposed to the previously-approved density or parking allocations. COMPREHENSIVE PLAN DESIGNATION: North Mountain, Neighborhood Central Overlay; ZONING: NM-C; ASSESSOR'S MAP: 391E 04AD TAX LOTS: 700 & 800. Ex Paree Contact Commissioners Dawkins, Pearce, and Brown declared site visits. No ex parte contact was reported. Staff Report Associate Planner Derek Severson provided an overview of the request. He noted the commission has seen the development proposal for this site numerous times and clarified the current request is a modification to the building's exterior design. Mr. Severson provided a presentation which included images of the site plan, proposed elevations, floorplans, and landscape plans. He stated staff is supportive of the building but recommended the following elements be reviewed to ensure a strong storefront identity: 1) continuous covered walks, 2) storefront window character, and 3) Ashland Planning Commission November 8. 2016 Page 4 of 5 distinct bases for each storefront. Mr. Severson stated the staff report includes recommended conditions of approval to address these three items. Applicant's Presentation Mark Knox/Stated they agree with staff's recommendations with the exception of the seven foot awning depth listed in condition 5(a). Mr. Knox stated he supports pedestrian amenities and historic streetscapes but the fixed 7 ft. figure causes engineering issues and does not work with the property lines. He noted the awnings downtown are 4-5 ft. in depth on average and would like to see some flexibility with this element. He added they may be able to get to 7 ft. with a combination of the awning and recessed bays, but stated the way the condition is worded causes problems. Mark McKechnie/Stated the commission has already approved the building on Lot 70 and they are trying to develop the site so that the buildings look like they were built by different people at different times. He noted the gazebo feature on the corner building has been changed to reflect the features on the building that is being constructed across the street. Mr. McKechnie clarified the awnings depicted on their drawings are 5 ft. He stated there may be some areas where they can install 7 ft. awnings but would like a condition that allows some flexibility. Public Testimony Ginger Humphrey/593 Plum Ridge/Stated she lives directly behind this lot and requested the road to the garages be a thru-way so that traffic is not funneled by her house. Applicant's Rebuttal Mark Knox/Clarified the original proposal is to connect the alley to the parking lot and they still intend to do this. Commissioner Mindlin closed the record and the public hearing at 9.,00 p. m. Questions of Staff Mr. Severson stated if the commission is interested in modifying the awning condition they could modify it to state: "Stronger pedestrian coverings providing a generally continuous coverage of the sidewalk with a minimum cover depth of 5-7 ft. including any cover, awning, etc. as well as recessed areas of the building." Deliberations and Decision Commissioners Brown/Pearce m/s to approve PA-2016-01896 with the modification to Condition 5(a) as stated by staff. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Norton, Pearce, Thompson, and Mindlin, YES. Motion passed 7-0. ADJOURNMENT Meeting adjourned at 9:05 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission November 8. 2016 Page 5 of 5 CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES NOVEMBER 22, 2016 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 Debbie Miller Maria Harris, Planning Manager 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 ANNOUNCEMENTS/AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar provided an overview of the upcoming meeting schedule. He stated the commission's annual council update is scheduled for December 6; their regular meeting December 13 will include a Type II public hearing; Fregonese and Associates will be presenting before the city council on December 19 for the Transit Triangle Infill Project; and the commission's December study session has been cancelled. Commissioner Pearce stated he and Commissioner Miller met with staff and members of the Housing and Human Services Commission to discuss the public outreach process for the Housing Element Update. He noted they are working on an online questionnaire and also plan to set up tables and distribute information where people gather. PUBLIC FORUM Louise Shawkat/870 Cambridge/Commented on the city's work to develop a climate energy action plan and recommended all city commissions work together to achieve these goals. Ms. Shawkat stated new structures should be environmentally stable and the Planning Commission should push for bike racks and access to public transportation on all new proposals. DISCUSSION ITEMS A. Ashland Transit Triangle - Infill Strategies Project. Planning Manager Maria Harris explained this is a continuation of the discussion from October 11 and tonight's meeting will focus on different approaches that could be used in the Transit Triangle area. John and Scott Fregonese provided a recap of the information presented at the October 11 meeting, including: tasks completed to date, Ashland's population breakdown by age, affordable rent figures, rental housing affordability, and average number of persons per household. J. Fregonese explained 4-5 story buildings were discussed at the last meeting but those heights seemed to be a bit jarring to some, so they took a step back and evaluated a few sample sites to see what kind of density they could achieve at different heights. He stated the lot at the corner of Ashland and Park Streets was looked at with a parking requirement of one space per unit and a 15% landscaping requirement. Mr. Fregonese presented the achievable density with a 3, 4, and 5 story building and listed the effect of stories on rent. (See Attachment 1) Mr. Fregonese provided samples of a stepback design which makes taller buildings appear less high from a pedestrian point of view. He also suggested the city consider removing the density cap and allowing some non-residential uses that fit in well Ashland Planning Commission November 22, 2016 Page 1 of 2 with the residential setting on the ground floor. Mr. Fregonese explained the land available has the potential to create 876 new units, however he does not expect a 100% buildout and anticipates a total figure of 400-500 units in the future. He explained the next steps in this project are to gather input from the commission and make necessary revisions, hold a developer roundtable discussion, confirm costs and rents, and present this information to the city council who will determine whether to proceed with this project. Commissioner Comments and Questions • J. Fregonese clarified the average unit size in the model is 650-700 sq.ft. • J. Fregonese was asked why he did not include a prototype of a 4 story building with the top two floors stepped back. He responded that the intent was to present something that would be widely accepted to the community, but they can certainly provide this. Opinion was given that a four story building with the stepback is more appealing than a standard 3 story building and that taller buildings should be considered in the Pedestrian Place Overlay. • J. Fregonese was asked to clarify the rent rates. He explained the prototype had all the units at the same size, but what would likely occur is a mixture of smaller and larger rentals. The smaller ones would rent for $950 per month or less, and the larger units would rent at roughly $1.75 per sq.ft, • J. Fregonese commented that tuck under parking on the ground floor with some smaller retail space is a good option. He added underground parking would not be cost effective but tuck under parking could be achieved, even on smaller sites. • Comment was made that the city needs take into account the surroundings and four story buildings may not be appropriate throughout the entire transit triangle. Mr. Fregonese agreed and stated the Pedestrian Places overlay could benefit from more flexibility. • J. Fregonese remarked on adopting a Floor Area Ratio (FAR) instead of a unit per acre standard. He stated this is one of the biggest flaws in the land use ordinance and encourages larger, much less affordable units. • Comment was made that if the city implemented a 50% non-commercial frontage, they could take advantage of the vertical housing program. Mr. Fregonese agreed and noted a number of cities have done this. It was added they can add this element to the model and see how it works. • Comment was made that there are a number of places where a 3-4 story building would work well, but they need to keep in mind Ashland's palate. The city should identify the view corridors and take those into consideration when determining allowable building height. • Mr. Molnar clarified staff and Mr, Fregonese have tried to keep the heights within what is already allowed but removed the density limits and reduced the parking requirement to one space per unit. Public Testimony Mark Knox/485 W Nevada/Voiced his support for urban infill and clarified he has no personal or financial interest in the area being discussed. Mr. Knox noted they are working on a three story building with tuck under parking off of N. Mountain Ave and the units will be more affordable than the typical market rate. He commented that one space per unit will work well and voiced support for four story buildings with and without stepbacks. Mr. Knox commented that Ashland needs to address how it will solve the issue of the population doubling and if they do it right they can create different housing options and the ability for residents to shop and work in a close distance to where they live. He stated everyone cherishes downtown Ashland and with thought and proper planning they can create the same environment on Ashland Street. Mark DeRienzo/700 Mistletoe/Voiced his support for the study and looking at how to create something that has a high probability of actually happening. Mr. DeRienzo noted the transit triangle area has a leg on Tolman Creek Rd, but does not include the Croman area. He commented that the primary transit corridor runs through Croman and there is a lot of undeveloped land and recommended the city consider expanding the study area to include this area as well. ADJOURNMENT Meeting adjourned at 8:10 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission November 22. 2016 Page 2 of 2 Attachment #1 Ashland Transit Triangle: Redevelopment Analysis and Prototype Sensitivity Testing Ashland Transit Triangle Study Area Fregonese Associates Inc. 11/22/16 _ - --wd st i - - e City Zones c ZONING %4 1 S H 1 Phase I of the Transit Triangle Study Conducted in the Fall of 2015 Tasks Completed: • Market analysis • Initial developer interviews • Demographic analysis • Analysis of current zoning • Pro forma testing conducted • Detailed site-level analysis conducted at 3 sites across the study area Age Median Age Comparisons: Ashland 43.9 Jackson Co. 42.5 Population Pryamid Portland 36.3 Oregon 38.7 t50 ca ~a ,r-~rs 2313 ACS (5 year estimates) via Social Explorer y „s Tgble SE.'T12. X" lo Ss;r s v 3 s ;a, 35 t, 3') 1-1, 3n t, 31 vaji 2:7 tc~ 71 ~~'3r; 1u [ 11 v..i~ c t, , its -IJ(;n8i)(!(', _li ) _ a (!(1 xOCi; L;i;C,3 Source: Census, ACS Table 801001 Geography: City of Ashland 2 Age Median Age Comparisons: Ashland 43.9 Jackson Co. 42.5 Population Pryamid Portland 36.3 j,, ;,t Oregon 38.7 3~7 [c ~1 ye~i5 2013 ACS (5 year estimates) via Social Explorer Table SE: T12. ,9 6~~ [r F.1 y~ni; 4G ti e !3? t; 31 U:;, 1~1 y"air 5 t~ J ~V:is 6011) 11 1 1 ")0 Source: Census, ACS Table 801001 Geography: City of Ashland Incomes Converted to Affordable Rents (30%) .2Gt 1. ,1Q0 r,l at~ S1.S2,S S1 52.` >3,7`- GOa Source: Census, ACS, 819001 Geography: City of Ashland 3 Persons per Household Persons per Household bj Tenure ~i 9"u ac 16 42% 30% 37% 43% j r, . Owner Renter Rental Housing Affordability Rental Housing Affordability Affordable Severely Unaffordable I(Y 34% Unaffordable 27% Source: Census, ACS Geography: City of Ashland 4 What impacts development performance? • La n d cost *Market demand Cities can *Zoning standards ~influence these - New zoning & incentives - Streetscapes, parks kfti and amenities M ~ What is Envision Tomorrow? •Suite of open source planning tools: • Prototype Builder • Return on Investment (R01) model • Scenario Builder • Extension for ArcGIS • 20+ modules or "apps" funded by HUD Sustainable Communities Grants envision tomorrow- 5 Testing Physical Parameters i SIMbChup Testing Financial Performance J / 6 Hollywood Library Mixed Use e Qy t C-1 Zone Mixed-Use Apartment & Retail O,~ ter''" - c' .p , 7 R-3 Zone Mid-Rise Apartment ♦ r $1ir.,~~ ? 4 > r Y - Sellwood Library/Lofts r - x 8 Site 1: "Buckhurst Hill Station" Site Potential Future . -r 1896 Ashland St. r t , r r, r 9 1896 Ashland St. - 3 story building w Y w . ~I !r ~ 1896 Ashland St. - 4 story building } } 10 1896 Ashland St. - 5 story building s y s 1 J s •y ~ ~ jy y a Effect of Stories on Density (current zoning 13.5 du/acre) 44.5 Du/acre 48.7 51.1 55 56.2 60 11 Effect of Stories on Rent $1,295 $1,295 $1,282 $1,282 $1,270 $1,270 Prototype Summary (current zoning allows 7 units) _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Characteristics 1896 Ashland St. : Lot Size (Sq Ft) 25,492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Land Cost $14.57 - $25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height (Stories) 3 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Parking Spaces 26 (1 per unit) . . . . . I'll, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Units on Site 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Housing Density (Per Acre) 44.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Jobs on Site 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment... Density...(.Per Acre) ............................................................................................................................................................ ................................................._4.6.... . Floor Area Ratio 0.99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Landscaping 15% . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project Value $4.65 million Average Unit Size 700 Sq Ft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . Unit Rent $1,230 / month ($1.76 / sq ft) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1896 Ashland St. - Visualization k Ashland Transit Triangle Study Area i t, 1896 Ashland St. - Today 13 1896 Ashland St. - with public improvements - s. P T''^4Y 1896 Ashland St. - with corresponding private improvements 14 1896 Ashland St. - with 3 full stories y ~ N 1896 Ashland St. - with 4 full stories a ' } t 15 1645 Ashland St. - Visualization Ashland Transit Triangle Study Area . I' -Ai w +If~ V~ Today ~I s _ r 16 With public improvements x, i' - F With corresponding private improvements 1 t d L' r, f t' 000OOrrrrr t ;i ' a 17 New Development 3-story MU Apartment & Retail . Scenario Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Development Characteristics Summary New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 1.1-1 . . . . People 1,072 People per Net Residential Acre ............................................................................................................................................................. ................................68...6....: Housing Units (Multifamily) 876 . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Area (Acres) 15.37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Housing units per Net Residential Acre 56.0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jobs (Retail) 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Area (Acres) 1.71 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................obs...per Net Employment...Acre..................................................................... ......................................................................... .............................................._45.'_3....; Households 823 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Average Household Size 1.3 18 Next Steps • Revision based on Discussion • Developer Roundtable *Confirm Costs and Rents • Present to Council • Decide whether to proceed 19 CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Ashland Water Advisory Committee Council Liaison Appointment FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY The Council is asked to appoint Councilor Mike Morris as Council liaison to the Ashland Water Advisory Committee (AWAC). BACKGROUND AND POLICY IMPLICATIONS: In January of 2016 the Council approved appointment of nine AWAC Committee members plus Carol Voisin as the Council liaison to that committee. As Ms. Voisin is no longer a member of the City Council, AWAC staff have requested that Councilor Morris be appointed as Council Liaison to assist the completion of the committee's work. Both Councilor Morris and Mayor Stromberg have agreed to this appointment. COUNCIL GOALS SUPPORTED: 21.3 Re-examine and review master plans and SDCs on a regular basis FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the City Council appoint Councilor Morris as Council Liaison to the AWAC. SUGGESTED MOTION: Move to appoint Councilor Morris as Council Liaison to the AWAC. ATTACHMENTS: N/A Page 1 of 1 r~'r CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Resolution Authorizing Reimbursement of Law Enforcement Training Costs FROM: Tighe O'Meara, police chief, tighe.omeara@ashland.or.us SUMMARY Adoption of this resolution would allow the City of Ashland to recover the cost of training a new law enforcement officer if that officer should choose to leave the City's employ within a short time after completion of training. BACKGROUND AND POLICY IMPLICATIONS: The initial cost of hiring and training a new City police officer can be as much as $52,000 in salary and benefits for the 30 weeks it takes to get someone through the academy and in-house training. Oregon Revised Statutes (ORS) 181A.620 allows a police department to recover the costs of training a new officer if that officer voluntarily leaves the department's employ and is hired by another Oregon governmental agency in a position that requires the same training as required by the original employer. The statute permits recovery of the costs of law enforcement training on a pro rata basis from the subsequent employer if the employee leaves employment and is hired elsewhere in Oregon within three years of completing training. To obtain reimbursement of the training costs, the original employing agency must have already adopted policy providing for such cost recovery and a statutorily- prescribed pro rata reimbursement schedule. Approval of this resolution would serve to adopt such a policy and reimbursement schedule. COUNCIL GOALS SUPPORTED: 40. Ensure on-going fiscal ability to provide desired and required services at an acceptable level. FISCAL IMPLICATIONS: Recovery of at least some of the costs of training police officers who are here for a short time and are subsequently hired by other Oregon governmental agencies would result in a modest, but indeterminable increase in General Fund revenue over time. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council adopt the resolution as written. SUGGESTED MOTION: I move for adoption of the resolution titled, "A Resolution Authorizing Reimbursement of Law Enforcement Training Costs Pursuant to Oregon Revised Statutes 181A.620." ATTACHMENTS: Resolution Page 1 of 1 pra'AM11 RESOLUTION NO. 2017- A RESOLUTION AUTHORIZING REIMBURSEMENT OF LAW ENFORCEMENT TRAINING COSTS PURSUANT TO OREGON REVISED STATUTES 181A.620 RECITALS: A. The City of Ashland from time to time may incur training costs for law enforcement employees in positions that require training; and B. Oregon Revised Statutes 181A.620 provides for reimbursement of law enforcement training costs when an original employing governmental agency trains an employee who is employed in a position that requires training and said employee voluntarily leaves employment with that original employing governmental agency and is subsequently employed by a different governmental agency in a position that requires the same training as required for the original employing governmental agency; and C. The City may obtain such reimbursement of the costs of training a City law enforcement employee subsequently hired by another Oregon governmental agency only if the City adopts a policy providing for a statutorily-prescribed pro rata reimbursement schedule. THE CITY RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland shall request reimbursement for training costs as defined in ORS 181 A.620 at the rate of reimbursement equal to the maximum permitted by ORS 181A.620 now in effect or as may be amended hereafter. This resolution was duly PASSED and ADOPTED this day of , 2017, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2017. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Resolution No. 2017- Page 1 of 1 CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Approval of a Television Head-End System Lease Agreement and Contract FROM Mark Holden, director of IT and electric utility, mark. holden(.ashland.or.us SUMMARY This is a request to approve a television head-end system lease agreement and contract (Contract) with the current agreement holder - Ashland Home Network (Home Network). The Contract seeks to continue to lease the head-end facilities from Ashland Fiber Network (AFN). The contract is for a term of eighteen months beginning January 1, 2016 and ending June 30, 2017. The Contract maintains the current base operating fee structure and decreases the monthly fixed revenue sharing by fifteen-hundred dollars per month. The Contract provides Home Network reasonable relief of its operating costs, helps to preserve the current television customer base, helps to preserve television customers as Home Network internet customers (AFN provides internet to Home Network), and clarifies lease terms. BACKGROUND AND POLICY IMPLICATIONS: Demand for subscription cable TV services is decreasing. Over the term of the previous contract subscription levels have continued to decline both locally (Home Net) and nationally (e.g. Charter, Comcast, etc.). The trend is projected to continue. The reason for the decline is the Internet and the Internet's growing availability of competitive programmed (broadcast TV) and custom (e.g. Hulu, Netflix) television content. The proposed Contract supports a financially viable relationship with Home Network. As was found during 2012 contract discussions, current contract discussions with Home Network indicate the current contract terms are not sustainable due to the declining TV subscription rate. The Contract provides a viable cost structure for Home Network. The proposed Contract continues to provide cable TV services to existing Ashland customers. Without Home Network TV services, customers would likely choose and alternative TV (and internet) provider resulting in a loss of revenue for both Home Network and AFN. Both Home Network and AFN recognize the TV subscribers are also valued internet customers. The Contract continues to require Home Network to purchase internet services from AFN. By preserving internet customers, the Contract continues to provide important internet revenue to both Home Network and AFN. Page 1 of 2 PrIAL11 r CITY OF ^AS H LA N D The Contract clarifies existing lease terms and operating practices. The Contract contains a new provision for the right of AFN to retain the Home Net customer base should Home Net decide to sell its customer accounts. The Contract maintains the current base operating fee structure and decreases the monthly fixed revenue sharing by fifteen hundred dollars per month. COUNCIL GOALS SUPPORTED: 17. Market and further develop the Ashland Fiber Network. 17.1 Complete and implement the AFN business plan. FISCAL IMPLICATIONS: The contract maintains the monthly base operating fee at $1,750 per month. The Contract reduces the monthly fixed revenue sharing from $6,250 to $4,750 per month, a reduction of $1,500 per month. The Contract reduces the AFN annual revenue from $96,200 to $78,200, a reduction of $18,000 per year. The reduction is not part of the existing budget and will be a reduction in expected revenues. However, an unrelated, significant reduction in AFN's Internet expense will dampen the effect of the revenue loss. Should Home Network's customers move to another TV provider, AFN's potential combined loss of proposed head-end and existing internet revenue is approximately $315,200 per year ($78,200 + $237,000). The recommended Contract retains the valuable Home Network relationship, continues service to Ashland's citizens and preserves an important customer base for both Home Network and AFN. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Television Head-End System Lease Agreement and Contract with Ashland Home Network be approved. SUGGESTED MOTION: I move approval of a contract between Ashland Home Network, Inc. and the City of Ashland for a television head-end lease under which the City is to be paid seventy-eight thousand and two-hundred dollars ($78,200) per year. ATTACHMENTS: Contract - Television Head-End System Lease Agreement and Contract Contract - Television Head-End System Lease Agreement and Contract, February 10, 2011 Contract Addendum #1 - Television Head-End System Lease and Contract, January 1, 2011 (signed April 3, 2012) RFP - Television Services, October 11, 2010 Page 2 of 2 ~r TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT BETWEEN CITY OF ASHLAND, OREGON AND ASHLAND HOME NET TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT ("Agreement") entered this I st day of January 2016, between the City of Ashland, Oregon, ("City") by and through its Ashland Fiber Network division ("AFN"), and Ashland Home Net, a Nevada Corporation, hereinafter referred to as "Home Net". 5 WHEREAS, in 2010, pursuant to a Request for Proposal ("UP") by AFN, Home Net entered into a lease agreement with AFN for the television head-end (as defined below) and the provision of cable television services; and WHEREAS, Home Net must maintain a Franchise Agreement with the City because AFN is not a cable television operator and will not maintain a cable television franchise; and WHEREAS, the Parties have had to amend the lease in order to make the enterprise financially sustainable, the results of which leave a profit margin so small that it is not practical for AFN to reissue an RFP in today's marketplace, and WHEREAS, the Parties wish Home Net to continue providing services to the Ashland, Oregon, community; and WHEREAS, this Agreement serves to continue an agreement to lease for the television head-end and contract for services between AFN and Home Net. Material terms and conditions that supplement the underlying lease are also found within the RFP, which is attached hereto as Exhibit A; and WHEREAS, AFN and Home Net wish to enter into this Agreement to clarify the lease terms and to ensure that the Agreement reflects the intent and current practices of the parties; NOW, THEREFORE, THE CITY AND ASHLAND HOME NET HEREBY AGREE AS FOLLOWS: 1. LEASE OF TELEVISION HEAD-END: AFN hereby leases to Home Net its television head-end and all the associated equipment located at the City of Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon 97520, as set forth in the RFP and attached hereto, and 450 MHz and 860 MHz WAN bandwidth provided by and through AFN's hybrid fiber-coax network (the "Network") as required to provide cable television service to residents of the City of Ashland, subject to the limitations set forth herein (hereinafter referred to as the "television head-end"). The television head- end does not include the outside plant. Home Net holds and maintains ownership rights to television subscribers and cable television from the head-end and into the customer premises. 2. LEASE FEES 2.1. BASE OPERATING FEES: Home Net shall pay AFN, as rent and for the cost of basic operations of the television head-end, a set monthly fee effective retroactive to January 1, 2016. The Base operating fee is one thousand seven hundred and fifty dollars ($1,750 USD) per month, with an annual charge of $200 for security for a total of $21,200.00. 2.1.1. Payments are due and payable in monthly installments paid no later than the twenty fifth (25th) of each month and addressed to AFN at the address set forth in this Agreement. 2.1.2. This Base Operating Fee shall be paid in arrears for the previous month period, without deduction or setoff of any kind. ahn cats contract.docx Page 1 or 7 4/21/2016 8:00 AM 2.2. MISCELLANEOUS CHARGES AND FEES: Home Net shall pay AFN for services rendered per the table in this section. Payments for services are due and payable no later than thirty (30) days after the billing period, or per date listed on invoices sent by AFN. Payments shall be made by Home Net without deduction or setoff of any kind, and be addressed to AFN at the address set forth in this Agreement. Fees, hourly rates, and miscellaneous charges will apply from the effective date of this Agreement and last through June 30, 2017, after which they may be amended by AFN provided AFN gives Home Net 60-days prior notice. 2.2.1. Traps. Home Net shall pay for cable television traps ("filters"). 2.2.2. Signal Filings. AFN shall pay for annual aeronautical signal leak detection and fly- over examinations, which shall be filed accordingly with the FCC by AFN. 2.2.3. Waivers. At its discretion, AFN may waive these fees, but waiver shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. Description of Services RATE Installation Fee In Home (Additional charges for parts and supplies apply.) $30.00 Disconnect Fee $50.00 Standard Outlet Fee $20.00 Add/Remove Trap Fee $10.00 Field Technician Hourly Rate (Non-standard work such as advanced troubleshooting, nonstandard $55.00 outlets, wall fishing, etc.) Consulting and Technical Support -Hourly Rate (Charge applies to support for issues not related to AFN infrastructure $85.00 performance and reliability.) Staff Screening Fee (Charge for each employee submitted for authorization to access AFN and $150.00 City Service Center facilities.) 2.3. REVENUE SHARING: Revenue sharing payments shall be due and paid monthly no later than the twenty fifth (25"') day of the following month. Revenue sharing shall be for the following services and calculated in the following manner: 2.3.1. Non-Advertising Revenues are revenues from all services other than advertising sales. Revenue share shall be paid by Home Net to AFN as a percentage of all Non- Advertising Revenues, calculated from overall average revenue per customer. 2.3.1.1. For customers 1 to 3000, Home Net shall pay AFN a Non-Advertising Revenues payment of $4,750 per month. 2.3.1.2. For customers 3001 to 3500, Home Net shall pay AFN 5% of Non-Advertising Revenues. 2.3.1.3. For customers 3501 to 4000, Home Net shall pay AFN 3% of Non-Advertising Revenues. 2.3.1.4. For customers 4001 and above, Home Net shat l pay AFN I% of Non-Advertising Revenues. 2.3.2. Advertising Revenues are those revenues generated from the sale of advertising time and/or services. Home Net shall pay AFN 0% of its Advertising-related Revenues. 3. SPECIAL EXAMINATIONS: Home Net agrees that the City may initiate a special examination of its finances to confirm accuracy of payments at any time after giving reasonable notice to Home Net. Special examination shall not exceed one per year. In the event of a special examination, Home Net must and shall make all files, materials, and staff fully available to AFN, or its assigned independent contractors or agents. 3.1. Reporting. At least annually, Home Net shall submit a current financial report reviewing the financial status of the company and its operations. ahn cats contract.doex Page 2 or 7 4/21/2016 8:00 AM 3.2. Scope. The scope of any special examinations will be limited to services contracted and/or proposed in Home Net's response to the RFP. 3.3. Selection. AFN shall select contractors or agents with the necessary qualifications to review Home Net's financial report. 3.4. Cost. Special examinations shall be paid for equally by Home Net and the City if the selected contractor determines payments by Home Net do not exceed three percent (<3%) less than was due to AFN. If payments to AFN by Home Net exceed three percent (>3%) less than was due to AFN and the errors were not inadvertent, Home Net agrees to pay the full cost of the special examination. 4. TERM OF AGREEMENT: The initial term of this Agreement shall commence on the date noted above and continue through the following dates (with other term noted): Dates Term Base Operating Fee Minimum Revenue Minimum Payment Sharing January 1, 2016, through 18 months $1750 / month $4750 / month $6,500 / month June 30, 2017 v 4.1. AFN may, at its sole discretion, extend the term of this Agreement for one additional one year term. The extension shall be communicated in writing by AFN and sent to Home Net at least ninety (90) days prior to the end date of this Agreement. 5. USE OF PROPERTY: Home Net shall be granted use of and access to the AFN television head-end for the provision of television services to residents of Ashland, OR, pursuant to the RFP, Proposal, and Cable Franchise. As used herein, "television services" means: (A) the transmission to subscribers of analog video programming, and (B) the one-way transmission to subscribers of digital video programming. Home Net is not permitted under this Agreement to use the television head-end to provide any non-television services or use the television head-end to provide any other services or for any other purposes except as specifically granted under this Agreement. 6. STORE-FRONT LOCATION: Home Net will maintain a commercial storefront location within the City of Ashland's urban growth boundary throughout the term of this Agreement. Said offices shall be assessable to the public during normal business hours and will be equipped and staffed to handle walls-in customer and premise visits for connects, disconnects, and equipments and parts _ pick-up. 6.1. Hours of Operation. Store-front facility shall be open to the public standard business days and hours, except for national and State of Oregon holidays. 6.2. Service Standard. Customer support staff must be courteous and professional. 7. WHOLESALE TELEVISION PRODUCTS: Home Net agrees to make its television products available to AFN and its partners at reduced wholesale prices. 7.1. Packages and Prices. Home Net agrees to make available for resale its television packages for at least a 10% discount from its retail prices. These packages will be made available only to AFN and its designated partners. 7.2. Management of Wholesale Purchases. Vendors shall be able to purchase television services directly from Home Net by a process Home Net defines and manages. 7.3. Notification. Home Net shall notify AFN, customers of its services, and vendors purchasing its products at wholesale rates of any related prices or product changes. Notifications must be sent at least sixty (60) days prior to price and product changes taking effect, unless required in a shorter timeframe by law. 8. BILLING, ACCOUNTING, AND CONTRACTS: Home Net shall independently manage its commitments and operations as they relate to the services under this contract. Home Net agrees it carries complete and sole liability for its billing, accounting, contracts, and related processes. 9. CONDITIONS OF USE: 9.1. Disposition of Customers. Without exception, Home Net agrees it and AFN share mutual interest in all customers obtained under the duration of this Agreement and for the services specified. ahn cats contract.doex Page 3 or 7 4/21/2016 8:00 AM - 9.1.1. Home Net shall share customer data openly, fully, and exclusively with AFN. Customer data shall be maintained in a secure fashion and shall not be shared, transmitted, or otherwise revealed to third parties without the written consent of AFN. 9.1.2. Home Net agrees not to sell, transfer, exchange, grant an option to purchase, or otherwise dispose of customer accounts or any part of, or interest in, its customer accounts without first offering these accounts to AFN on the terms and conditions set forth in this Section. 9.1.2.1. Home Net must give AFN written notice (the "Notice") of the price, terms, and conditions of any third party offer and deliver a copy of the executed contract evidencing the offer (the "Offer") to AFN. 9.1.2.2. AFN will have 15 days from the date that it receives the Notice and a copy of the Offer to notify Home Net whether AFN elects to purchase the customer accounts under the terms of the Offer. 9.2. Cable Franchise. Without exception, Home Net must obtain and maintain a valid Cable Franchise Agreement with the City of Ashland for the duration of this Agreement. Further, Home Net agrees to fully accept revisions to the City Code affecting administration of the City's rights-of-way and telecommunications franchise agreements. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 9.3. Business License. Without exception, Home Net must obtain and maintain a valid Business License with the City of Ashland for the duration of this Agreement, as well as any extensions. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 9.4. Co-Marketing. Home Net agrees to cooperatively market all services and products under this Agreement with AFN. This includes inclusion of the AFN logo and brand in all marketing efforts and providing AFN management opportunity to review and control use of its logo and brand. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 9.5. Use of Facilities. Home Net's use of the television head-end shall be conditioned upon its compliance with the requirements and obligations set forth in the RFP, Proposal, Agreement, and Cable Franchise Agreement. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. AFN agrees to provide all information, documents, materials and services that are within its possession or control and are required by Home Net for performance of the requirements and obligations set forth in the RFP, Proposal and Cable Franchise. 9.6. Reliability. Home Net's lease and contract (Agreement) shall be conditioned upon maintaining access for subscribers to channels and content at least 99.9% of all available hours. 9.7. Compliance. Home Net's lease and contract (Agreement) shall be conditioned upon receiving no more than thirty-six notices of violation from the Federal Communications Commission (FCC), Public Utilities Commission (PUC), or other regulating bodies. 9.8. Maintenance of Assets. Home Net shall, at its own expense, operate, maintain, and repair the television head-end and equipment in proper operating condition during the term of this Agreement. 9.9. Customer Service Surveys. Home Net shall conduct at least one (1) periodic customer service survey per year, which shall be reviewed and approved by AFN prior to sending to subscribers. Home Net's Lease Agreement and Contract shall be conditioned upon maintaining a customer satisfaction rating of at least 75% good to excellent. 9.10. Taxes. Home Net shall be responsible for all applicable taxes including, but not limited to, franchise fees and PEG fees due pursuant to the Cable Franchise. Home Net shall not deduct from Lease Fees due under this Agreement any such taxes or fees paid by Home Net. 9.11. Permits and Licenses. Home Net shall be responsible to obtain all necessary permits and licenses required to operate the television head-end and to provide cable television services over the television head-end. ahn cats contract.docx Page 4 or 7 4/21/2016 8:00 AM 912. Coordination of Use. Home Net acknowledges that the television head-end is located in the same facility as AFN's network and that the network capacity provided to Home Net under this Agreement is also used by AFN to provide internet access services over its Network. Home Net acknowledges and agrees that the terms of this Agreement do not limit AFN's access to that facility for any purpose associated with the operation, maintenance, repair or use of the Network, nor does it grant Home Net the exclusive use of the Network or otherwise place any limitations on AFN's use of the Network. 9.13. Other Conditions. Home Net further agrees to the following conditions on access to and use of the television head-end: 9.13.1. The City of Ashland and its agents shall at all times (upon reasonable notice to Home Net) have access to television head-end equipment for the purposes of inspecting and E assessing its condition and state of repair. 9.13.2. Home Net may not operate the television head-end in a manner that fails to maintain the signal integrity of AFN's network or to meet ingress and signal to noise specifications set by AFN. 9.13.3. Notwithstanding the grant of use, Home Net shall not be permitted to erect, install, construct, repair, replace, reconstruct and retain the television head-end, or any part thereof, without AFN's written permission. 9.13.4. Home Net may upgrade the television head-end pursuant to the RFP, provided that any alteration, improvement, or addition(s) to the television head-end shall be conducted by Home Net with AFN's prior written permission. Such changes, additions or alterations shall be at the sole expense of Home Net. All alterations, improvements, or additions to the television head-end shall become property of AFN after installation. 9.13.5. Home Net shall only allow access to the television head-end by designated staff who have passed background checks by the City of Ashland or other entities as deemed necessary by the City's Information Technology Department. 9.13.6. Home Net shall not store any equipment or supplies on City property without prior approval by the City's Information Technology Department, and shall not park vehicles on City property other than in authorized parking spaces. 9.13.7. Home Net shall not access the network equipment or any other area within City's property, or use City property for any reason other than as permitted herein or in the RFP. 10. ADDITIONAL SERVICES: Ashland Home Net will render the following value-added services at the stipulated revenue sharing. 10.1. Internet Connectivity-Home Net shall purchase its Internet services products exclusively from AFN for customers in Ashland's urban growth boundary. Home Net agrees to purchase AFN connectivity products at the rates approved by City Council and shall resell those products to the community at retail prices it deems appropriate. AFN shall have no additional revenue share from this service above its revenue from Home Net's purchases of internet services. 11. EFFECT ON PREVIOUS AGREEMENTS: Upon execution of this Agreement by both parties, this Agreement shall supersede and render null and void all previous leases, agreements, and contracts between AFN and Home Net for television services. 12. COMPLIANCE WITH LAWS: 12.1. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon. Home Net shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state and local governments with respect to the lease of the television head-end and the requirements and obligations of the RFP and Proposal, including but not limited to provisions of ORS 27913.220, 27913.230 and 27913.235. 12.2. Home Net is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. If it has not already done so as required by the Cable Services Agreement, within 10 business days of the execution of this Agreement, Home Net shall certify to City that it has workers' compensation coverage required by ORS Chapter 656. If Home Net is a carrier ahn cats contract.docx Page 5 or 7 4/21/2016 8:00 AM i t e insured employer, Home Net shall provide City with a certificate of insurance. If Home Net is a self-insured employer, Home Net shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Home Net's status. 13. INSURANCE: 13.1. Home Net shall, at its own expense, and at all times during the term of this Agreement, maintain in force: 13.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance. 13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $2,000,000, or higher, per occurrence (combined single limit for bodily injury and property damage claims) or $1,000,000, or higher, per occurrence for bodily injury and $500,000, or higher, per occurrence for property damage. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage is not acceptable, except for the automobile liability policy coverage required by paragraph 12.1.2. 13.3. Certificates of insurance acceptable to City shall be filed with City within 10 business days of the execution of this Agreement, if not already on file with City. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage until at least thirty (30) days prior written notice has been given to City. A certificate that states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 14. INDEMNIFICATION: Home Net shall defend, indemnify and hold City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out of, or incident to, the negligent performance of this Agreement by Home Net. Home Net's indemnification of the City and AFN includes, but is not limited to, the negligent acts or omissions of Home Net's employees, agents and others designated by Home Net to access the television head-end, provide cable television services, perform work or services attendant to this Agreement, and/or maintain the security of customer data. Home Net shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the direct negligence of City. 15. DEFAULT: 15.1. There shall be a default under this Agreement if either party fails to perform any act or obligation required by this Agreement within ten (10) days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the 10 day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the 10 day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 15.2. Misrepresentations of experience, staff, references, or other qualification of material importance to accurately rating the ability of proposers in the RFP process shall be considered a default and shall constitute grounds for terminating this Agreement. 15.3. Notwithstanding Section 12.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this Agreement. 15.4. If a default occurs, the party injured by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 15.5. Any litigation arising out of this Agreement shall be conducted in Circuit Court of the State of Oregon for Jackson County. ahn cats contract.docx Page 6 or 7 4/21/2016 8:00 AM I 16. TERMINATION FOR PUBLIC INTEREST: In addition to the right to terminate this Agreement under Section 15, City may terminate this Agreement and Contract by giving Home Net sixty (60) days prior written notice if it determines termination is required for the interests of the community. If City terminates under this Section; Home Net shall be paid all fees earned and costs incurred prior to the termination date set forth in the notice. Home Net shall not be entitled to be compensated for lost profits. 17. WAIVER: Failure of City or Home Net in any one or more instances to insist upon the performance of any of the terms of this Agreement, or to exercise any right or privilege conferred herein, or the waiver of any breach of any term of this Agreement should not thereafter be construed as a waiver of such term, which shall continue in force as if no waiver had occurred. 18. NOTICES: Any notice required to be given under this Agreement or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 18.1. Notices to City shall be sent to: Director of Information Technology City of Ashland 90 N. Mountain Avenue Ashland, Oregon 97520 With a copy to: City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520. 18.2. Notices to Ashland Home Net shall be sent to: Ashland Home Net i c/o Jim Teece 485 East Main Street 3 i Ashland, OR 97520 1 19. ASSIGNMENT: City and Home Net and the respective successors, administrators, assigns and legal representatives of each are bound by this Agreement to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Home Net shall not assign or subcontract Home Net's rights or obligations under this Agreement without prior written consent of City. Except as stated in this Section, nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City or Home Net. 20. MODIFICATION: No modification of this Agreement shall be valid unless in writing and signed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement at Ashland, Oregon, on this day of 1 2016. By: City of Ashland By: Ashland Home Net - - I Dave Kanner, City Administrator Ji e ent & CEO ahn cats contract.doex Page 7 or 7 4/21/2016 8:00 AM TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT BETWEEN CI'T'Y OF ASHLAND, OREGON AND ASHLAND HOME. NET TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT ("Agreement") entered this 10th day of February, 2011, between the City of'Ashland, Oregon, ("City") by and through its Ashland Fiber Network division ("AFN"), and Ashland Home Net, a Nevada Corporation, hereinafter i referred to as "Home Net". 1 WHEREAS, in November, 2010, AFN issued a request for proposals ("RFP," attached hereto as Exhibit A) for the lease of the television head-end (as defined below) and the provision of cable television services; and WHEREAS, Operator submitted a proposal in response to the RFP issued by AFN (the "Proposal," attached hereto); and WHEREAS, after reviewing Home Net's proposal, the RFP Evaluation Committee selected Home Net as the successful proposer to lease AFN's television head-end and provide television services as described in the RFP; and WHEREAS, Home Net wishes to provide services to the Ashland, Oregon, community as described in the RFP for the incentives negotiated with AFN; and WHEREAS, this Agreement serves as a lease for the television head-end and contract for services between AFN and Home Net; and WHEREAS, Home Net must execute a Franchise Agreement with the City because AFN is not a cable television operator and will not maintain a cable television franchise; and WHEREAS, AFN and Home Net wish to enter into this Agreement to clarify the lease terms and to ensure that the Agreement reflects the intent and current practices of the parties; NOW, THEREFORE, THE CITY AND ASHLAND HOME NET HEREBY AGREE AS FOLLOWS: 1. LEASE OF TELEVISION HEAD-END: AFN hereby leases to Home Net its television head-end and all the associated equipment located at the City of Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon 97520, as set forth in the RFP and attached hereto, and 450 MHz and 860 MHz WAN bandwidth provided by and through AFN's hybrid fiber-coax network (the "Network") as required to provide cable television service to residents of the City of Ashland,-subject to the limitations set forth herein (hereinafter referred to as the "television head-end"). The television head- end does not include the outside plant. Home Net holds and maintains ownership rights to television subscribers and cable television from the head-end and into the customer premises. 2, LEASE FEES 2.1. BASE OPERATING FEES; Home Net shall pay AFN, as rent and for the cost of basic operations of the television head-end, the sum of two hundred thousand dollars ($200,000 USD), which shall be due and payable in quarterly installments paid no later than the twenty fifth (251x') day of March, June, September, and December of each year. This Base Operating Fee shall be paid in arrears for the previous three-month period, without deduction or setoff of any kind, and be addressed to AFN at the address set forth in this Agreement, RFP - Television Services, February 10, 2011, Page I or 9 2.2. MISCELLANEOUS CHARGES AND FEES: Home Net shall pay AFN for services rendered per the table in this section. Payments for services are due and payable no later than thirty (30) days after the billing period, or per date listed on invoices sent by AFN. Payments shall be made by Home Net without deduction or setoff of any kind, and be addressed to AFN at the address set forth in this Agreement. Fees, hourly rates, and miscellaneous charges will apply from the effective date of this Agreement and last through December 31, 2011, after which they may be amended by AFN provided AFN gives Home Net 60-days prior notice. 2.2.1.Traps. Home Net shall pay for cable television traps ("filters"). 2.2.2. Signal Filings. AFN shall pay for annual aeronautical signal leak detection and fly-over ` examinations, which shall be filed accordingly with the FCC by AFN. 2.2.3. Waivers. At its discretion, AFN may waive Miscellaneous Charges and Fees. Description of Services RATE Installation Fee (Additional charges for arts and supplies apply,) $Z° 00 Disconnect Fee $50.00 Standard Outlet Fee $20.00 = Add/Remove Trap Fee $10.00 Field Technician Hourly Rate (Non-standard work such as advanced troubleshooting, nonstandard $40.00 outlets, wall fishing, etc.) Consulting and Technical Support - Hourly Rate (Charge applies to support for issues not related to AFN infrastructure $70.00 erformance and reliability.) Staff Screening Fee (Charge for each employee submitted for authorization to access AFN and $z50.00 City Service Center facilities.) 2,3. REVENUE SHARING: Revenue sharing payments shall be due and payable in quarterly installments paid no later than the twenty fifth (25`h) day of March, .tune, September, and December of each year, for the previous quarter's total, Revenue sharing shall be for the following services and calculated in the following manner: , 2.3.1. Non-Advertising Revenues are revenues from all services other than advertising sales. Revenue share shall be paid by Home Net to AFN as a percentage of all Non- Advertising Revenues, calculated from overall average revenue per customer. 2.3.1.1. For customers 1 to 3000, Home Net shall pay AFN 0% of Non-Advertising Revenues. 2.3.1.2. For customers 3001 to 3500, Home Net shall pay AFN 5% of Non-Advertising Revenues. 2.3.1.3. For customers 3501 to 4000, Home Net shall pay AFN 3% of Non-Advertising Revenues. 2.3.1.4. For customers 4001 and above, Home Net shall pay AFN 1 % of Non-Advertising Revenues. 2.3.2. Advertising Revenues are those revenues generated from the sale of advertising time andlor services, Home Net shall pay AFN 0% of its Advertising-related Revenues for the first three years of this agreement, after which AFN will receive 1% of revenues. 3. SPECIAL'EXAMINATIONS: Home Net agrees that the City may initiate a special examination of its finances to confirm accuracy of payments at any time after giving reasonable notice to Home Net. Special examination shall not exceed one per year. In the event of a special examination, Home Net must and shall make all files, materials, and staff fully available to AFN, or its assigned independent contractors or agents. 3.1. Reporting. At least annually, Home Net shall submit a current financial report reviewing the financial status of the company and its operations. RFP -Television Services, February 10, 2011, Page 2 or 9 3.2. Scope. The scope of any special examinations will be limited to services contracted and/or proposed in Home Net's response to the RFP. 3.3. Selection. AFN shall select contractors or agents with the necessary qualifications to review Home Net's financial report. 3.4. Cost. Special examinations shall be paid for equally by Home Net and the City if the selected contractor determines payments by Home Net do not exceed three percent (<3%) less than was due to AFN. If payments to AFN by Home Net exceed three percent (>3%) less than was due to AFN and the errors were not inadvertent, Home Net agrees to pay the full cost of the special f examination. 4. TERM OF AGREEMENT: The initial term of this Agreement shall commence on the date noted above and continue through the following dates (with other term noted): Technical Review Operating Review Dates Term Base Operating Fee Basis Basis January 1, 2011, to Services & Financial & December 31, 2014 Four years $zoo,ooa (Year 1-r~) Compliance Marketing January -i, 20-i5, to Possible one-year Services & Financial & December31, 2015 extension; Fifth year ~2n5,ooo (Year 5) Compliance Marketing 4.1. AFN may, at its sole discretion, extend the term of this Agreement for one additional one year term. The extension shall be communicated in writing by AFN and sent to Home Net at least ninety (90) days prior to the end date of this Agreement. 4,2. The 51h Year will be automatically awarded if Home Net has ?3,000 television customers as of December 1, 2014. 5. USE OF PROPERTY: Home Net shall be granted use of and access to the AFN television head-end for the provision of television services to residents of Ashland, OR, pursuant to the RFP, Proposal, and Cable Franchise. As used herein, "television services" means: (A) the transmission to subscribers of analog video programming, and (B) the one-way transmission to subscribers of digital video programming. Home Net is not permitted under this Agreement to use the television head-end to provide any non-television services or use the television head-end to provide any other services or for any other purposes except as specifically granted under this Agreement. 6. STORE-FRONT LOCATION: Home Net agrees to maintain a commercial storefront location within the City of Ashland's urban growth boundary throughout the term of this Agreement. Said offices shall be equipped and staffed to handle on-site customer visits for connects, disconnects, and equipments and parts pick-up. 6.1. Hours of Operation. Store-front facility shall be open to the public standard business days and hours, except for national and State of Oregon holidays. 6.2. ' Service Standard. Customer support staff must be courteous and professional. 7. WHOLESALE TELEVISION PRODUCTS: Home Net agrees to make its television products available to AFN and its partners at reduced wholesale prices. 7.1. Packages and Prices. Home Net agrees to make available for resale.its television packages for at least a 10% discount from its retail prices. These packages will be made available only to AFN and its designated partners. 7.2. Management of Wholesale Purchases. Vendors shall be able to purchase television services directly from Home Net by a process Home Net defines and manages. 7.3. Notification. Home Net shall notify AFN, customers of its services, and vendors purchasing its products at wholesale rates of any related prices or product changes. Notifications must be sent at least sixty (60) days prior to price and product changes taking effect, unless required in a shorter timeframe by law. S. BILLING, ACCOUNTING, AND CONTRACTS: Home Net shall independently manage its commitments and operations as they relate to the services under this contract. Home Net agrees it carries complete and sole liability for its billing, accounting, contracts, and related processes. 9. CONDITIONS OF USE: RI~P --Television Services, February 10, 2011, Page 3 or 9 4 9.1. Disposition of Customers. Without exception, Home Net agrees it and AFN share mutual interest in all customers obtained under the duration of this Agreement and for the services specified. - 9.1.1. Horne Net shall share customer data openly, fully, and exclusively. Customer data shall be maintained in a secure fashion and shall not be shared, transmitted, or otherwise revealed to third parties without the consent of AFN. ` 9.1.2. Home Net shall not sell or otherwise transfer customer accounts, nor sell or transition customers to alternative services, without mutual agreement and addendum to this Agreement. 9.2. Cable Franchise. Without exception, Home Net must obtain and maintain a valid Cable Franchise Agreement with the City of Ashland for the duration of this Agreement. Further, Home Net agrees to fully accept revisions to the City Code affecting administration of the City's rights-of-way and telecommunications franchise agreements. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 9.3. Business License. Without exception, Home Net must obtain and maintain a valid Business License with the City of Ashland for the duration of this Agreement, as well as any extensions. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 9.4. Co-Marketing. Home Net agrees to cooperatively market all services and products under this Agreement with AFN. This includes inclusion of the AFN logo and brand in all marketing ef1'ortg and providing AFN management opportunity to review and control use of its logo and brand. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 9.5. Use of Facilities. Home Net's use of the television head-end shall be conditioned upon its compliance with the requirements and obligations set forth in the RFP, Proposal, Agreement, and Cable Franchise Agreement. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. AFN agrees to provide all information, documents, materials and services that are within its possession or control and are required by Home Net for performance of the requirements and obligations set forth in the RFP, Proposal and Cable Franchise. 9.6. Reliability. Horne Net's lease and contract (Agreement) shall be conditioned upon maintaining access for subscribers to channels and content at least [99.9%] of all available hours. 9.7, Compliance. Home Net's lease and contract (Agreement) shall be conditioned upon receiving no more than [36] notices of violation from the Federal Communications Commission (FCC), Public Utilities Commission (PUC), or other regulating bodies. 9.8. Minimum Customers. Home Net's lease and contract (Agreement) shall be conditioned upon maintaining market penetration of no less than two thousand (2000) customer accounts in Ashland, Oregon. 9.8.1. Customer Accounts. For all purposes in this Agreement, Customer Accounts are defined and'will be calculated as unique customer addresses, as determined by Ashland Electric Department utility billing records. 9.8.2. Year 1 Minimum. By the end of the first year of the Agreement, Home Net shall acquire customers to meet or exceed two thousand three hundred fifty (2350) customer accounts. 9.8.3. Year 2 Minimum. By the end of the second year of the Agreement, Home Net shall' acquire customers to meet or exceed two thousand six hundred (2600) customer accounts. 9.8.4. Year 3 Minimum. By the end of the third year of the contract, Home Net shall acquire customers to meet or exceed two thousand eight hundred fifty (2850) customer accounts. 9.9. New Customers. Home Net's Lease Agreement and Contract shall be conditioned upon acquiring at least 100 New Customers per year in Ashland, Oregon. For all purposes in this RFP -Television Services, February 10, 2011, Page 4 or 9 Agreement, a "New Customer" is defined and will be calculated as one switching to television entertainment services with Home Net and who had not purchased those services from Home Net either directly or indirectly in the previous twelve calendar months, and who remains a customer of Home Net for no less than six full calendar months. 9.10. Customer Churn. Home Net's Lease Agreement and Contract shall be conditioned upon achieving a Customer Churn (turnover rate) of no more than 20% per year in Ashland, Oregon. For all purposes in this Agreement,.Customer Churn is defined as deactivated customer accounts in the twelve months preceding the date of an inquiry. 9.11. Maintenance of Assets. Home Net shall, at its own expense, operate, maintain, and repair the television head-end and keep it in proper operating condition during the term of this Agreement. 9.12. Customer Service Surveys. Home Net shall conduct at least one (1) periodic customer service survey per year, which shall be reviewed and approved by AFN prior to sending to subscribers. Home Net's Lease Agreement and Contract shatl be conditioned upon maintaining a customer satisfaction rating of at least 75% of customer ratings overal l services and "Good" to "Excellent". 9.13. Taxes. Home Net shall be responsible for all applicable taxes including, but not limited to, franchise fees and PEG fees due pursuant to the Cable Franchise. Home Net shall not deduct from Lease Fees due under this Agreement any such taxes or fees paid by Home Net. 9.14. Permits and Licenses. Horne Net shall obtain all necessary permits and licenses required to operate the television head-end and to provide cable television services over the television head-end. 9.15. Coordination of Use. Home Net acknowledges that the television head-end is located in the same facility as AFN's network and that the network capacity provided to Home Net under this Agreement is also used by AFN to provide internet access services over its Network. Home Net acknowledges and agrees that the terms of this Agreement do not limit AFN's access to that facility for any purpose associated with the operation, maintenance, repair or use of the Network, nor does it grant Home Net the exclusive use of the Network or otherwise place any limitations on AFN's use of the Network. 9.16. Other Conditions. Home Net further agrees to the following conditions on access to and use of the television head-end: 9.16.1. The City of Ashland and its agents shall at all times (upon reasonable notice to Home Net) have access to television head-end equipment for the purposes of inspecting and assessing its condition and state of repair. 9.16.2. Home Net may not operate the television head-end in a manner that fails to maintain the signal integrity of AFN's network or to meet ingress and signal to noise specifications set by AFN. 9.16.3. Notwithstanding the grant of use, Home Net shall not be permitted to erect, install, construct, repair, replace, reconstruct and retain the television head-end, or any part thereof, without AFN's written permission. 9.16.4. Home Net may upgrade the television head-end pursuant to the RFP, provided that any alteration, improvement, or addition(s) to the television head-end shall be conducted by Home Net with AFN's prior written permission. Such changes, additions or alterations shall be at the sole expense.of Home Net. All alterations, improvements, or additions to the television head-end shall become property of AFN after installation. 9.16.5. Home Net shall only allow access to the television head-end by designated staff who have passed background checks by the City of Ashland or other entities as deemed necessary by the City's Information Technology Department. 9.16.6. Home Net shall not store any equipment or supplies on City property without prior approval by the City's Information Technology Department, and shall not park vehicles on City property other than in authorized parking spaces. RFP - Television Services, February 10, 201 t, Page 5 or 9 i 9.16.7. Home Net shall not access the network equipment or any other area within City's property, or use City property for any reason other than as permitted herein or in the RFP. 9.16.8. AFN shall invest at least $25,000 in advertising per year and will co-market Ashland Home Net's services and products in its materials whenever possible. 9.16.9. The City of Ashland will offer television services to customers signing up for utilities with the City. 9.16.9.1. AFN will communicate that the City's television partner is "Ashland Home Net." 9.16.9.2. The City will provide prominent space and presence for Home Net to provide its products and services information. This will be in the area where f e customers visit to sign up for utilities. 9.16.9.3. AFN will include Home Net's products and services as primary sales options on AFN's website. 9.16.9.4. AFN will allow magnetic signage from Home Net on AFN vehicles, Signage must fit the vehicle areas designated and be approved by AFN management. 9.16.9.5. AFN will include Home Net's logo on the apparel of its installation technicians at Home Net's election. 9.16.9.6. Home Net will be allowed at least two stuffers per year to be included with utility bills. Home Net shall pay production costs for its included materials and those materials shall meet the City's specifications for size, weight, and professionalism. 9.16.9.7. For its compensation to the City under this contract, Home Net shall be the exclusive television provider allowed to present its products and services advertisements in the City's utility signup areas. 10. ADDITIONAL SERVICES: Ashland Home Net will render the following value-added services at the stipulated revenue sharing. 10.1. DVR-Home Net agrees to offer Ashland residents digital video recording products. AFN shall have no additional revenue share from this service. 10.2. Internet Connectivity-Home Net shall purchase its Internet connectivity products , exclusively from AFN for customers in Ashland's urban growth boundary. Home Net agrees to purchase AFN connectivity products at the rates approved by City Council and shall resell those products to the community at retail prices it deems appropriate. AFN shall have no additional revenue share from this service above its revenue from connectivity wholesale purchases. 10.3. ESPN 3/ESPN 360-Home Net shall offer specialized online ESPN content services to its customers. AFN shall endeavor, to the extent feasible, to manage its network in a way that supports the services. AFN shall have no additional revenue share from the online ESPN services. 10.4. Phone Service- Home Net shall offer phone services to its customers. AFN shall have no additional revenue share from this service so long as Home Net's revenues from phone services remain under $5,000 per year. AFN and Home Net must agree to a revenue sharing arrangement if revenues meet or exceed $5,001 per year. 10.5. Support Home Net agrees to provide computer and networking support services to AFN on a per-call fee basis at AFN's request. Cost of support shall not exceed $15 per call, or shall follow a price agreement added to this contract as an addendum. AFN revenue share is not applicable to this service. 11. EFFECT ON PREVIOUS AGREEMENTS AND FRANCHISE AGREEMENT: Upon execution of this Agreement by both parties, this Agreement shall supersede and render null and void all previous leases, agreements, and contracts between AFN and Home Net for television services. 12. COMPLIANCE WITH LAWS: 12.1. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon. Home Net shall promptly observe and comply with all present and future laws, orders, RF'P -Television Services, February 10, 2011, Page 6 or 9 regulations, rules and ordinances of federal, state and local governments with respect to the lease of the television head-end and the requirements and obligations of the RFP and Proposal, including but not limited to provisions of ORS 279B.220, 279B.230 and 27913.235. 12.2. Home Net is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. If it has not already done so as required by the Cable Services Agreement, within 10 business days of the execution of this Agreement, Home Net shall certify to City that it has workers' compensation coverage required by ORS Chapter 656. If Home Net is a carrier insured employer, Home Net shall provide City with a certificate of insurance. If Home Net is a self insured employer, Home Net shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Home Net's status. 13. INSURANCE: 13.1. Home Net shall, at its own expense, and at all times during the term of this Agreement, maintain in force: 13.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance; and 13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $1,000,000, or higher, per occurrence (combined single limit for bodily injury and property damage claims) or $500,000, or higher, per occurrence for bodily injury and $100,000, or higher, per occurrence for property damage. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage is not acceptable, except for the automobile liability policy coverage required by paragraph 13.1.2. 13.3. Certificates of insurance acceptable to City shall be filed with City within 10 business days of the execution of this Agreement, if not already on f le with City. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage until at least thirty (30) days prior written notice has been given to City. A certificate that states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 14. INDEMNIFICATION: Home Net shall defend, indemnify and hold City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out of, or incident to, the negligent performance of this Agreement by Home Net. Home Net's indemnification of the City and AFN includes, but is not limited to, the negligent acts or omissions of Home Net's employees, agents and others designated by Home Net to access the television head-end, provide cable television services, perform work or services attendant to this Agreement, and/or maintain the security of customer data. Home Net shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the direct negligence of City. 15. DEFAULT: 15.1. There shall be a default under this Agreement if either party fails to perform any act or obligation required by this Agreement within ten (10) days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the 10 day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the 10 day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 15.2. Misrepresentations of experience, staff, references, or other qualification of material importance to accurately rating the ability of proposers in the RFP process steal I be considered a default and shall constitute grounds for terminating this Agreement. UP - Television Services, February 10, 2011, Page 7 or 9 15.3. Notwithstanding Section 13. 1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this Agreement. 15.4. If a default occurs, the party injured by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 15.5. Any litigation arising out of this Agreement shall be conducted in Circuit Court of the State of Oregon for Jackson County. 16. TERMINATION FOR PUBLIC INTEREST: In addition to the right to terminate this Agreement under Section 15, City may terminate this Agreement and Contract by giving Home Net sixty (60) days prior written notice if it determines termination is required for the interests of the community. If City terminates under this Section, Home Net shall be paid all fees earned and costs incurred prior to the termination date set forth in the notice. Home Net shall not be entitled to be compensated for lost profits. 17. WAIVER: Failure of City or Home Net in any one_or more instances to insist upon the performance of any of the terms of this Agreement, or to exercise any right or privilege conferred herein, or the waiver of any breach of any term of this Agreement should not thereafter be construed as a waiver of such term, which shall continue in force as if no waiver had occurred. 18. NOTICES: Any notice required to be given under this Agreement or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 18.1. Notices to City shat l be sent to: CIO/Director of Information Technology City of Ashland 90 N. Mountain Avenue Ashland, Oregon 97520 With a copy to: City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520. 18.2. Notices to Ashland Home Net shall be sent to: Ashland Home Net c/o Jim Teece 607 Siskiyou Boulevard Ashland, OR 97520 19. ASSIGNMENT: City and Horne Net and the respective successors, administrators, assigns and legal representatives of each are bound by this Agreement to the other party and to the partners, successors, administrators, assigns and legal representatives ofthe other party. Horne Net shall not assign or subcontract Home Net's rights or obligations under this Agreement without prior written consent of City. Except as stated in this Section, nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City or Home Net. 20. MODIFICATION: No modification of this Agreement shall be valid unless in writing and signed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement at Ashland, Oregon, on this 10th day of February, 2011. RFP - Television Services, February 10, 2011, Page 8 or 9 By: City of Ashland By: Ashland Ho e Net Rob Lloyd, CIO/Director Jim Teece, President & CEO ORDER The governing body hereby approves and authorizes the terms of this lease as set forth above. Mayor John Stromberg Date 3 I 3 y t RFP -Television Services, February 10, 2011, Page 9 or 9 TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT BETWEEN CITY OF ASHLAND, OREGON AND ASHLAND HOME NET Amendment #1 TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT ("Agreement") entered this tst day of January, 2011, between the City of Ashland, Oregon, ("City") by and through its Ashland Fiber Network division ("AFN"), and Ashland Home Net, a Nevada Corporation, hereinafter referred to as "Home Net". WHEREAS, in November, 2010, AFN issued a request for proposals ("RFP," attached hereto as Exhibit A) for the lease of the television head-end (as defined below) and the provision of cable television services; and WHEREAS, Operator submitted a proposal in response to the RFP issued by AFN (the "Proposal," attached hereto); and WHEREAS, after reviewing Home Net's proposal, the RFP Evaluation Committee selected Home Net to as the successful proposer to lease AFN's television head-end and provide television services as described in the RFP; and WHEREAS, Home Net wishes to provide services to the Ashland, Oregon, community as described in the RFP for the incentives negotiated with AFN; and WHEREAS, this Agreement serves as a lease for the television head-end and contract for services between AFN and Home Net; and WHEREAS, Home Net must execute a Franchise Agreement with the City because AFN is not a cable television operator and will not maintain a cable television franchise; and WHEREAS, AFN and Home Net entered into the Agreement February 10, 2011, and changes in the cable television industry have rendered certain parts of the original agreement no longer feasible, and both parties now desire to amend the Agreement; NOW, THEREFORE, THE CITY AND ASHLAND HOME NET HEREBY AGREE TO AMEND THE AGREEMENT AS FOLLOWS: 1. LEASE OF TELEVISION HEAD-END: Is left without amendment. 2. LEASE FEES 2.1 BASE OPERATING FEES: Home Net pay to AFN, as rent and for the cost of basic operations of the television head-end, a set monthly fee effective retroactive back to January 1, 2012. However, an amount of $75,000 outstanding from the original agreement is hereby reduced to $37,500 and is agreed to be paid to the City in monthly installments or lump sum by July 31, 2012. Future Base Operating Fees will be $1750 per month with an annual charge of $200 for security for a total' of $21,200. 2.2 MISCELLANEOUS CHARGES AND FEES: Home Net shall pay AFN for services rendered per the table in this section. Payments for services are due and payable no later than thirty (30) days after the billing period, or per date listed on invoices sent by AFN. Payments shall be made by Home Net without deduction or setoff of any kind, and be addressed to AFN at the address set forth in this Agreement. Fees, hourly rates, and miscellaneous charges will apply RFP -Television Services, Janaty 1, 2012, Page 1 or 3 from the effective date of this Agreement and last through June 30, 2012, after which they may be amended by AFN provided AFN gives Home Net 60-days prior notice. 2.2.1 Traps. Home Net shall pay for cable television traps ("filters"). 2.2.2 Signal Filings. AFN shall pay for annual aeronautical signal leak detection and fly-over examinations, which shall be filed accordingly with the FCC by AFN. 2.2.3 Waivers & Discounts. At its discretion, AFN may waive Miscellaneous Charges and Fees or charge reduced rates. Description of Services RATE Installation Fee (Additional charges for arts and supplies apply.) [$20.00] Disconnect Fee $50.00 Standard Outlet Fee $20.00 Add/Remove Trap Fee $10.00 Field Technician Hourly Rate (Non-standard work such as advanced troubleshooting, nonstandard outlets, [$40.00) wall fishing, etc. Consulting and Technical Support - Hourly Rate (Charge applies to support for issues not related to AFN infrastructure [$70.00] performance and reliability.) Staff Screening Fee (Charge for each employee submitted for authorization to access AFN and [$150.00] City Service Center facilities.) 2.3 REVENUE SHARING: Revenue sharing payments shall be due and paid monthly no later than the twenty fifth (25th) day of the following month. Revenue sharing shall be for the following services and calculated and described: 2.3.1 Non-Advertising Revenue are revenues from all services other than advertising sales. Revenue share shall be paid by Home Net to AFN at 7% of all Non-Advertising Revenues, with a minimum of $75,000 per year, beginning January 1, 2012, and excluding the amount in Section 2.I. f 2.3.2 Advertising Revenues are those revenues generated from the sale of advertising time and/or services. Home Net shall pay AFN 0% of its Advert ising-related Revenues for the first three years of the original agreement (January 1, 2011, through December 31, 2013, after which AFN will receive 5% of revenues. 3. SPECIAL EXAMINATIONS: Is left without amendment. 4. TERM OF AGREEMENT: The term of the original Agreement is revised as noted above = and continue through the following dates (with other terms noted): Technical Term Base Operating Fee operating Review Basis Review Basis January1, 2012, to Three years s175o/month plus 7% Services & Financial & December 1, 2014 of applicable revenue Compliance Marketing One-year extension or January 1, 2o15, to Fifth Year of the Services & Financial & December 31, 2015 original agreement as To be negotiated Compliance Marketing amended by this agreement 4.1 AFN may, at its sole discretion, extend the term of this Agreement for one additional one year term. The extension shall be communicated in writing by AFN and sent to Home Net at least ninety.(90) days prior to the end date of this Agreement. 4.2 The terms of the 5 h Year will be negotiated. RFP -'T'elevision Services, January 1, 2012, Page 2 or 3 1 5 USE OF PROPERTY: Is left without amendment. b STORE-FRONT LOCATION: Is left without amendment. 7 WHOLESALE TELEVISION PRODUCTS: Is left without amendment. 8 BILLING, ACCOUNTING, AND CONTRACTS: Is left without amendment. 9 CONDITIONS OF USE: 9.1 -9.7: Is left without amendment. 9.8 Minimum Customers. This section is deleted. 9.9 New Customers. This section is deleted. 9.10 Customer Churn. This section is deleted. All other sections and terms of the original agreement remain in force. IN WITNESS WHEREOF the parties have executed this Agreement at Ashland, Oregon, on this J day of , 2012. By: City of Ashland By: Ashland Home Net Lee Tuneberg, ACA/Finance D ctor Jim r sident & CEO ORDER The governing bo y hereby approves and authorizes the terms o this lease as set forth above. M VVrlMayor's Designee, Cit Ashland Date 3 I UP - Television Services, January 1, 2012, Page 3 or 3 F E E 4 €f 5 VAN& ITT OF ASHLAND l Z f Request for Proposal TELEVISION SERVICES Released: October 11, 2010 } Proposals due prior to: 2:00 PM (PST), Wednesday, November 10, 2010 l = i i Contracting Agency: City of Ashland Sole Point of Contact: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: (541) 488-5354 RFP - Television Services, October 11, 2010, Page 1 or 83 TABLE OF CONTENTS PUBLIC NOTICE ...............................................................................................................................3 VOLUNTARY PRE-PROPOSAL CONFERENCE 6 1. SCHEDULE OF EVENTS ........................................................................................................7 2. SCOPE OF SERVICES ..........................................................................................................1.3 3. MANDA'T'ORY MINIMUM QUALIFICATIONS AND TERMS .......15 I 4. CONTENTS OF PROPOSAL 20 5. SUBMITTAL OF PROPOSALS 26 6. EVALUATION PROCESS .....................................................................................................27 EXHIBIT A-Certificate of Compliance EXHIBIT B-Living Wage Brochure ? EXHIBIT C-Living Wage Ordinance 31 EXHIBIT D-Mandatory Minimum Qualifications & Terms... .............................36 EXHIBIT E----Financial and Marketing Performance ...............................................................37 EXHIBIT F-Performance Requirements ...............38 EXHIBIT G-Head-End Asset Inventory ..............................................:...........................................39 s ,F EXHIBIT H-Channel Lineups EXHIBIT I-Example Franchise Agreement ....................................................................................45 EXHIBIT J-Base Lease Agreement and Contract........ ...............:...................................................7s. F r EXHIBIT K-Historical Customer Counts .................................7g EXHIBIT L-Evaluation Matrix 80 i Y S t T F I i 7 ~j f ' t P F t[ S 236 C _ I Y F 4 Z s~ i RFP -Television Services, October 11, 2010, Page 2 of 83 e PUBLIC NOTICE Request for Proposals Television Services Proposals are due prior to 2:OOPM (PST), Wednesday, November 10, 2010 The City of Ashland, Ashland Fiber Network, is seeking proposals from qualified companies interested in leasing and operating the AFN television head-end to sell video entertainment services to the local = community. Video entertainment services include traditional cable television (CATV) program content, marketing and sales, customer support, and advertising insertions. The City's intent is to award this contract to an innovative partner with which it can meet emerging demands of the Ashland community, share in both customer service and financial successes, and meet the challenges of x a competitive telecommunications marketplace. The successful proposer will assume day-to-day management responsibilities for Ashland Fiber Network's television operations, including the AFN head-end, satellite receivers, associated equipment maintenance and upgrades, updates to technology and infrastructure, and complying with governmental (FCC and PUC) rules and regulations. AFN physical plant has approximately 8,500 serviceable addresses in Ashland, Oregon. The successful proposer will be granted a contract to access and use space at the AFN head-end to accomplish these functions. Ashland Fiber Network serves a competitive telecommunications marketplace. Television offerings and prices must appeal to viewers in the community and compete with alternatives. As a result, proposals will be evaluated in part on the channel offerings proposed, how programming matches Ashland's demographics, and package prices. IP-based television, on-demand movie offerings, voice over IP (VOIP), and other advanced services are not required, but are desired to meet emerging customer demand. Proposals that effectively incorporate advanced services will be eligible for additional points in the evaluation process. AFN currently provides traditional analog cable television services within a system capacity of 480 MHz. AFN is making 860 MHz system capacity available under this RFP to enable distribution of digital and high- definition programming. A minimum lease cost is incorporated into this RFP to support the infrastructure for these services, The City of Ashland's intent is to award a contract for three years with two one-year extensions at the City's option, for a potential total term of five years. Extensions will be granted on the basis of the successful proposer's financial, operating, and marketing performance. Maintaining a valid cable franchise agreement and City of Ashland business license will be a mandatory requirement throughout the term of the contract. t This Request for Proposals is intended to provide interested companies with sufficient information to prepare and submit a complete proposal in response to this RFP. SUAIMARY OF REQUIREMENTS: 1. Operation of television service a. Analog and digital programming and delivery b. High-definition channels c. Sales, customer support, and billing l RFP -Television Services, October 11, 2010, Page 3 or 83 l 2. Marketing/sales and support of all related customer contacts a. Mutual customer ownership with AFN, including fall sharing of customer data b. Highly-satisfied customers J k c. Wholesale television offering(s) that AFN partners may sell d. Co-branding with AFN e. Storefront location in Ashland f. Effective customer acquisition and growth plans 3. Operating performance standards a. High channel availability/ Nominal outages b. Nominal PUC and FCC violations per year c. Low customer churn rates d. Secure handling of customer records and data MANDATORY MINIMUM QUALIFICATIONS AND TERMS Proposers will be required to acknowledge understanding and acceptance of the Mandatory Minimum I Qualifications and Terms as detailed in Section 3 (Page 16) of the RFP. VOLUNTARY PRE-PROPOSAL, CONFERENCE ~ All. potential proposers are invited, but not required to attend the Voluntary Pre-Proposal Conference. The Voluntary Pre-Proposal Conference will consist of a walk-through of the facility, presentation of Historical Customer Counts attached as Exhibit K, and an opportunity for potential proposers to ask questions. Verbal statements made by the City of Ashland representatives at the Voluntary Pre-Proposal Conference do not change the RFP document unless the City of Ashland confirms such changes with a written addendum to the RFP document. L The Voluntary Pre-Proposal Conference is scheduled for the following date and time. Day & Date Tuesday, October 19, 2010 Time: 2:00 PM Location: City of Ashland, Service Center, 90 N. Mountain Ave RESPONDING TO THE PROPOSAL: The Request for Proposals may be reviewed at the City of Ashland Purchasing Office, located at 90 N. Mountain Avenue, Ashland, OR 97520. For a copy of the Request for Proposals and requirements, please contact the Purchasing Representative at (541) 488-5354. All questions and inquiries regarding this RFP must be directed to the Purchasing Representative, Kari Olson. ~E I Sealed Proposals must be received prior to 2:OOPlYI (PST), Wednesday, November 10, 2010 by Kari Olson, Purchasing Representative of the City of Ashland. Proposals must be delivered to the City of Ashland Purchasing Office, located at 90 N. Mountain Avenue, Ashland, OR 97520. The proposals will be opened at 2:OOPM (PST), Wednesday, November 10, 2010 and only the identity of each proposer will be released at E that time. Kari Olson E Purchasing Representative City of Ashland Published: October 12, 2010 II RFP -Television Services, October 11, 2010, Page 4 or 83 i f t CITY OF ASHLAND Request for Proposals Television Services Proposals are due prior to 2:OOPM (PST), Wednesday, November 10, 2010 ORS 2'913 060(2)(c) PURPOSE OF REQUEST FOR PROPOSALS (RFP) The City of Ashland requests proposals from qualified companies interested in leasing and operating the City of Ashland's television head-end to sell video entertainment services to the local community. Video entertainment services include traditional cable television (CATV) program i content, marketing and sales, customer support, and advertising insertions. The City of Ashland's telecommunications utility, Ashland Fiber Network (AFN), supports providing these services on its existing infrastructure and will administer the contract with the successful proposer. IP-based television, on-demand movie offerings, voice over IP (VOIP), and similar offerings are not required, but are desired to meet emerging customer demand in Ashland. Proposals that effectively include these services to be sold to Ashland residents and businesses will be eligible for additional points in the evaluation process. The City of Ashland's intent is to award a contract for three years with two one-year extensions at the City's option, for a potential total term of five years. Extensions will be granted on the basis of measures that gauge the successful proposer's financial, operating, and marketing performance. Maintaining a valid cable franchise agreement and City of Ashland business license will be a mandatory requirement throughout the term of the contract. This Request for Proposals is intended to provide interested companies with sufficient information to prepare and submit a complete proposal in response to this RFP. SUMMARY OF REQUIREMENTS: 1. Operation of television service a. Analog and digital programming and delivery b. High-definition channels c. Sales, customer support, and billing 2. Marketing/sales and support of all related customer contacts a. Mutual customer ownership with AFN, including full sharing of customer data b. Highly-satisfied customers c. Wholesale television offering(s) that AFN partners may sell } d. Co-branding with AFN e. Storefront location in Ashland f. Effective customer acquisition and growth plans 3. Operating performance standards a. High channel availability / Nominal outages RFP -Television Services, October 11, 2010, Page 5 or 83 f 3 S t b. Nominal PUC and FCC violations per year E c. Low customer churn rates d. Secure handling of customer records and data a f MANDATORY MINIMUM QUALIFICATIONS AND 'T'ERMS Proposers will be required to acknowledge understanding and acceptance of the Mandatory Minimum Qualifications and Terms as detailed in Section 3 (Page 16) of the RFP. x "s ! CONDITIONS: The successful proposer will assume day-to-day management responsibilities for Ashland Fiber Network's television entertainment operations, including the AFN head-end, satellite receivers, . associated equipment maintenance and upgrades, updates to technology and infiastzucture, and complying with governmental (FCC and PUC) rules and regulations. The head-end selves as the AFN technical operations facility for receiving and redistributing cable television to. subscriber homes and businesses. AFN physical plant has approximately 8,500 serviceable addresses in Ashland, Oregon. The successful proposer will be granted a contract to access and use space at the i AFN head-end to accomplish these functions. i s Ashland Fiber Network serves a competitive telecommunications marketplace. Television offerings and prices must appeal to viewers in the community and compete with alternative offerings. As a result, proposals will be evaluated in part on the channel offerings proposed, how programming matches Ashland's demographics, and package prices. As IP-based television and access to on- demand programming are also important to long-tern viability, this RFP may evaluate proposals that meet emerging demands on a more advantageous basis. _ AFN currently provides traditional analog cable television services within a system capacity of 480 MHz. AFN is making 860 MHz system capacity available under this RFP to enable distribution of digital and high-definition programming. A minimum lease cost is incorporated into this REP to f support the infiastructure for these services. , ]3iY 1 VOLUNTARY PRE-PROPOSAL CONFERENCE All potential proposers are invited, but not required to attend the Voluntary Pre-Proposal Conference. i The Voluntary Pre-Proposal Conference will consist of a walls-through of the facility, presentation of Historical Customer Counts attached as Exhibit K, and an opportunity for potential proposers to ask questions. Verbal statements made by the City of Ashland representatives at the Voluntary Pre-Proposal Conference do not change the RFP document unless the City of Ashland confirms such changes with a written addendum to the RFP document. The Voluntary Pre-Proposal Conference is scheduled for the following date and time. Day & Date Tuesday, October 19, 2010 f Time: 2:00 PM Location: City of Ashland, Service Center, 90 N. Mountain Ave ORS 279B.060(2)(b) SOLE POINT OF CONTACT Information, correspondence and questions pertaining to this Request for Proposals (RFP) shall F ONLY be directed to: Name: Yuri Olson Title: Purchasing Representative RFP -Television Smiees, October 11, 2010, Page 6 of 83 Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: 541-488-5354 This Purchase Representative is the sole point of contact during the entire RFP process. This includes clarification and/or protest of specifications, method of bidding, the evaluation and award process, and/or other questions that may arise. The RFP documents may be reviewed upon request by contacting the designated sole point of contact listed above. QUESTIONS AND RE PESTS FOR ADDITIONAL INFORMATION: All potential proposers are encouraged to ask questions and request additional information that will aid in the clarification of the RFP requirements. Questions and requests for information must be mailed or emailed to the RFP single paint of contact; and will be promptly considered. E Written responses will be provided in the form of RFP an addendum. Addenda will be mailed to all potential proposers who have received the RFP documents. 3 - F OAR 137-047-0260(2)(a)(c) OPENING DUE DATE AND TIME $ Proposals must be received prior to the scheduled opening. The opening is scheduled for the following due date and tune: Proposals are due prior to: 2:OOPM (PST), Wednesday, November lOz 2010 - The proposal must be addressed to the designated sole point of contact, complete, and received prior to the due date and time. Late and/or incomplete proposals will not be considered. : s 1. SCHEDULE OF EVENTS i OAR 137-047-0260 2 c A SCHEDULE OF EVENTS ACTIVITY DATE Request for Proposals Released October 11, 2010 15t Public Notice October 12, 2010 i Optional Pre-Proposal Conference 2:OOPM (PST), Tuesday, October 19, 2010 E i - DUE DATE AND TIME 2:OOPM (PST), Wednesday, g (Note; Proposals must be received November 10, ZOIO prior to the due date and time. I Evaluation Process November 12 -December 1, 2010 Contract Recommendation Upon completion of evaluation process k (7) Days prior to executing Franchise Intent to Award Announcement Agreement and Lease Agreement Contract Recommendation December 7, 2010 Presented to City Council for Final Approval Upon Council Approval and Contract Award (7) Days after the Intent to Award Announcement Services intended to begin January 1, 2011 s RFP -Television Services, October 11, 2010, Page 7 of 83 I t t i F (6 e K`. r 4 k[[. i NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual schedule may vary from that provided without notice to potential proposers. Any changes r made to the closing date of the RFP will be made in the form of an addendum and mailed to all potential proposers who have received RFP documents, it OAR 137-047-0260(2)(a)(F) ADDENDA The provisions of this RFP cannot be modified by oral interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or comments by proposers raise issues that require clarification by the City, or the City revises any part of this RFP, addenda will be provided to all persons who received the RFP. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. Addenda will be issued within a reasonable time to r allow prospective proposers to consider the addenda in preparing their proposals. Addenda shall -not be issued less than 72 hours before the closing unless the addendum also extends the closing. E ORS 279B.405 PROTEST SOLICITATION PROCESS A prospective proposer who contends that the provisions of this RFP or any aspect of the procurement process will encourage favoritism in the award of the contract, or substantially diminish competition, may file a written protest delivered to the sole point of contact named in the RFP at least ten days prior to the date set for the opening of proposals. Failure to file a protest will be deemed a waiver of any claim by a proposer that the procurement process violates any provision of ORS Chapter 279A, 27913, 2790 or the Ashland Municipal Code. Withdrawal of Proposals Any proposal may be withdrawn by delivering a written request to the sole point of contact - named in the RFP at any time prior to the time set for opening proposals. The request shall be executed by a duty authorized representative of the proposer, s 3 Proposal Acceptance Proposals that do not address all areas requested by this RFP may be deemed non-responsive and may not be considered for any possible contract awarded as a result of this RFR ORS 279B.060(2)(e) CANCEL, REJECT, OR DELAY PROCUREMENT The City of Ashland may cancel the procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in accordance with ORS 27913.100 when its in the best interest of the City of Ashland as determined by the City of Ashland. In no event shall the City of Ashland have any liability for the cancellation, rejection, or suspension of a solicitation or award. The proposer assumes the sole risk and responsibility of all expenses connected with the ' preparation of its proposal. Collusion By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of Ashland has a monetary interest in this proposal; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed ' person or fern. ~ RFP -Television Services, October 11, 2010, Page 8 of 83 ? 3 Disputes in case of any doubt or differences of opinions as to the items or services to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the City of Ashland shall be Enal and binding upon all parties, Clarification of Responses The City of Ashland reserves the right to request clarification of any item in any proposal, or to ; request additional information necessary to properly evaluate a particular proposal. References The City of Ashland reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to proposer's successful performance of similar projects, compliance with specifications and contractual obligations, f completion or delivery of a project on schedule, and lawful payment of employees and workers. Contract Preferences Pursuant to ORS 279A.120(2), to determine the lowest responsive bid, the City will add a g percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. I Pursuant to ORS 279A.120(2), the City shall give preference to goods and services manufactured t or produced in Oregon if price, availability and quality are otherwise equal. i Recycled Products ; i The contractor shall use recycled products to the maximum extent economically feasible in the performance of the contract, QRS 279B.060(2)(f) RECYCLABLE PRODUCTS I Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. - i ORS 279B.060(2)(f) ASBESTOS ABATEMENT If required under ORS 468A.710, the contractor or subcontractor is required to possess an asbestos abatement license. (Note: Under the Oregon Revised Statutes, this statement is required to be included in a formal competitive sealed proposal, also referred to as a Request for P Proposals.) c i AMC Chapter 3.12 LIVING WAGE If the contract exceeds $18,703 the Contractor will be required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage to applicable employees, as defined in this i chapter, performing work under this contract and to any applicable subcontractor who performs ~ - 50% or more of the service work under this contract. The Living Wage is $13.40 per hour effective June 30, 2010 and increases annually every June 30 by the Consumer Price Index, In calculating the living wage, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the RFP -Television Services, October 11, 2010, Page 9 of 83 i i 5 r F 6 e employee. It is the responsibility of the proposer to review and comply with the Living Wage ordinance requirements, which can be viewed online at www.ashland.or.us. The City of t Ashland Living Wage Reference Sheet is attached as Exhibit B and the Ashland Municipal ~ Code, Living Wage, Chapter 3.12 is attached as Exhibit C. s 4 ORS 279B.060(5)(a) OPENING PROCEDURES Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the process of negotiation, but the City of Ashland shall record and make available the identity of all proposers r as part of the City's public records from and after the opening of the proposals. Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public t inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610, does not make their contents subject to disclosure, regardless of whether the public body opening the proposals fails to give notice,of or provide for an executive session for the purpose of opening proposals. ORS 279B.060(5)(b) PROPRIETARY INFORMATION (TRADE SECRETS) { Notwithstanding any requirement to mare proposals open to public inspection after the City of r Ashland's issuance of a notice of intent to award a contract, the City of Ashland may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. Under ORS 192.505, it is the City of r Ashland's responsibility to separate the exempt and nonexempt material and make the nonexempt material available for examination. Therefore, it is the responsibility of the proposer to clearly identify trade secrets as confidential information and include them separately within their proposal. The City of Ashland, in good faith, will honor the proposer's request to keep the proprietary information confidential in accordance with the Oregon Revised Statutes. ORS 279A.205 thru 279A.215 COOPERATIVE PROCUREMENT Pursuant to ORS 279A.205 thru 279A.215, other public agencies and members of the Oregon Cooperative Purchasing Program (ORCPP) may use the purchase agreement resulting from this RFP unless Proposer expressly notes in the proposal that the prices quoted are available to the City of Ashland only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies - directly with the successful proposer; the City accepts no responsibility for performance by either the successful proposer or such other agency using this agreement. With such condition, the City of Ashland consents to such use by any other public agency. ORS 279A.110(4) DBE CERTIFICATION Proposers certify by submitting their proposal that the Proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055, in obtaining any required subcontract. ORS 279B.060(10) CONTRACT AWARD The City of Ashland shall award the contract to the responsible proposer whose proposal the City of Ashland determines in writing to be the most advantageous to the City of Ashland based on the evaluation process and evaluation factors described in the request for proposals, and any RFP - Television Services, October 11, 2010, Page 10 of 83 i Y i 3 3 applicable preferences described in ORS 279A.120 and ORS 279A.125 and, when applicable, the outcome of any negotiations authorized by the request for proposals. ORS 279B.060(9) INTENT TO AWARD The City of Ashland shall issue or electronically post the notice of intent to award in accordance e with ORS 279B.135 and OAR 137-047-0610. ORS 279B.410 PROTEST OF CONTRACT AWARD Eligible proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to proposers. Protests must be received within seven days after g issuance of the notice of intent to award the contract. All protests must be in writing, signed by 3 the protesting party or an authorized Agent, and submitted to the sole point of contact named in the RFP. The protest must state all facts and arguments on which the protesting party is basing the protest. Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, t or City of Ashland policy shall be considered, Protests based on procedural matters will not be considered. The City of Ashland will review the protest and submit a decision, in writing, to the protesting proposer ORS 279B.060(2)(h) CONTRACTUAL TERMS AND CONDITIONS The proposer selected by'the City of Ashland will be expected to enter into a written contract in the form attached to this RFP. The proposal should indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without ~ offering acceptable alternatives may result in the disqualification of the proposal. I i = Insurance Certificates The successful proposer will be required to provide and maintain ALL required insurance ► certificates, and provide euiTent Certificates of Insurance, including the City of Ashland as the additional insured, to the City prior to any lapse of insurance coverage, Additional Terms The City of Ashland reserves the right to waive irregularities or deficiencies in a proposal if the City of Ashland determines that waiver is in the best interest of the City of Ashland. The City of Ashland may request supplemental written information from a proposer concerning the proposer's ability to perform the services. If a proposer fails to provide supplemental information within the time stated in the request, the City of Ashland may refuse to consider the proposer's proposal. The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears inadequate, the proposer may be given an opportunity in the interview to explain how 3 RFP - Television Services, October 11, 2010, Page I I of 83 i 5 3 F F 1E S _ i t 1 2 the proposal complies with the RFP. The City of Ashland reserves the right to make such investigation it deems appropriate to determine whether a proposer is qualified to provide the services. If a proposer fails to cooperate with an investigation, or if a proposer provides false, misleading or incomplete information, the p City of Ashland may refuse to consider the proposer's proposal. i a In cases of doubt or differences of opinion concerning the interpretation of this REP, the City of s Ashland reserves the exclusive right to determine the intent, purpose and meaning of any _ provision in this RFP. i1 3 )y~ . 1 E _ 1 a T 7 4 3 3 6 q5 2 b k 1 q a 6 $ { t i f f RFP Television Services, October 11, 2010, page 12 of 83 1 j BBB i [E f t } i 2, SCOPE OF SERVICES Core Services: The City of Ashland requests proposals from qualified companies interested in leasing and operating its television head-end to sell video entertainment services to the local community. Video entertainment services include traditional cable television (CATV) program content, marketing and sales, customer support, and advertising insertions. The successful proposer will be required to have a thorough and current understanding of cable television service and related industry trends. i The City of Ashland's telecommunications utility, Ashland Fiber Network (AFN), supports providing television services on its existing infrastructure and will administer the contract with the successful proposer, The successful proposer will assume day-to-day management responsibilities for AFN television entertainment operations, including the AFN head-end, s satellite receivers, associated equipment maintenance and upgrades, updates to technology and infrastructure, and complying with governmental (Federal Communications Commission and f Public Utilities Commission) rules and regulations. The successful proposer must also comply with all pertinent laws, regulations and procedures as a cable television operator and employer; ensure payment of all required taxes and charges incurred in connection with use and occupancy of the premises; and maintain sound accounting practices throughout their contract with the City of Ashland. The AFN head-end serves as telecommunications utility's primary technical operations for ~ receiving and redistributing cable television to subscriber homes and businesses. The successful proposer will be granted a contract to access and use space at the AFN head-end to accomplish these functions. The successful proposer must be prepared to work well and closely with AFN staff on marketing initiatives, to maintain operations within high service standards, and to coordinate service for _ customers such as installation of new television connections and service calls that require advanced assistance from AFN. It is important for potential proposers to understand that the successfid proposer will represent their company, the City of Ashland, and Ashland Fiber Network in the course of performing the contracted services, which must be positive and professional at all times. fl Maintaining a valid cable franchise agreement with the City of Ashland and a City of Ashland business license will be mandatory throughout the term of the contract. Transition and Activation Planning: Ashland Fiber Network's current contractor serves approximately 1,800 subscribers via AFN telecommunications infrastructure, a hybrid fiber-coax ("HFC") network. The AFN plant passes approximately 8,500 homes in Ashland. Detailed maps that contain proprietary information will be provided to the highest ranked proposer during final contract negotiations. Residents currently have the option of subscribing to a basic cable television package (-$20 per l month; -25 channels), an upgraded package (--$53 per month; -81 channels), and one premium channel offering (-$16 per month). Alternative service providers available within the City of Ashland, include Charter Communications, satellite dish providers, and emerging web-based television services. RFP -Television Services, October 11, 2010, Page 13 of 83 i 3 f } 2 E E f Definitions i 1) Customer Accounts are defined and will be calculated as unique customer addresses, as determined by Ashland Electric Department utility billing records. 2) New Customers are defined and. will be calculated as those customers switching to { { television entertainment services with the successful proposer, who had not purchased those services from an AFN-affiliated service provider in the previous twelve calendar months, and who remain customers for no less than six full calendar months. 3) Customer Churn defined as deactivated customer accounts in the twelve months ~ preceding the date of an inquiry. t i Marketing Strategy: Television offerings and prices must appeal to viewers in the community and compete with available alternatives. As a result, proposals will be evaluated in part on the channel offerings proposed, how programming matches Ashland's demographics, package prices, coordination i with A.FN staff, and customer retention. Proposals muss detail their channel offerings, along with the costs of packages. Proposers should also discuss how the proposer would approach s customer service, create opportunities to market advanced television services, and sell additional services. Current channel lineups are attached as Exhibit H. AFN currently provides traditional analog cable television services within a system capacity of 480 MHz. AFN is making 860 MHz system capacity available under this RFP to enable g distribution of digital and high-definition programming. A minimum lease cost is incorporated into this RFP, in part to support the infrastructure for these services. Although proposers must define their own cable television channel lineups, AFN recommends the following channels be carried due to local interest: all available RVTV channels, Local Medford DMA broadcast television stations, ESD (Jackson Long Distance Education), Classic Arts Showcase, and Free Speech TV. AFN is requiring proposers to submit wholesale pricing for cable television packages to AFN and its partners. This is to allow AFN and its partners to offer service bundles to local residents and businesses, such as any combination of cable television, Internet access, telephone services, alarm, technology support, and other services. If so desired, how proposer will sell television advertising and perform necessary production and encoding support work Long-term Strategy: Proposers may include novel services and incentive options in-their proposals. Minimum Qualifications and Terns are not negotiable and serve as a foundation for all negotiations: All other arrangements are open to negotiation. The City's intent is to award this contract to an innovative partner with which it can meet emerging demands of the Ashland community, share in both customer. service and financial successes, and meet the challenges of a competitive telecommunications marketplace. In order to remain competitive in the marketplace, service providers must offer competitive television entertainment services in the form of traditional cable television channels, digital channels, and high-definition programming. RFP - Television Services, October 11, 2010, Page 14 of 83 i i i IP-based television (IPTV), an-network IPTV, on-demand video, digital video recorders, voice over IP (VOIP), and similar offerings are not required, but are desired to meet emerging customer demand in Ashland. Proposers are encouraged to propose additional/alternative services, incentive arrangements, and performance goals for suggested services. All proposed 3 { services will receive consideration provided it/they meet or exceed the minimum requirements defined in this Request for Proposals. For each alternative service or product, the proposer must clearly explain the proposed service or product. 3. MANDATORY MINIMUM QUALIFICATIONS AND TERMS: Mandatory Minimum Qualifications and Terms: Proposals must contain and agree to the following qualifications and terms to submit a proposal. Failure to agree to the qualifications and terms contained in this section shall render the proposal invalid. The successful proposer shall meet all the qualifications and terms by the start of services. In addition, failure to adhere to the mandatory minimum qualifications and terms contained in this section at any point during the contract term may render it invalid. 1. Experience Administrative staff must have pertinent and current experience in maintaining programming contracts, selling entertainment services, and supporting customer accounts. Technical staff must have pertinent and current experience in operating and maintaining head-end facilities and in all phases of implementation and delivery. This is defined as at least two years of experience in the past four years providing services of similar scope and scale. Provide the following information: a. Resumes of proposed technical staff, including narrative explaining how proposed technical staff meet experience requirements as stated in the RFP, and at least three references (may be fi•om the same company) with contact information (name, address, telephone number, and fax number) supporting stated experience; b, Description of services company/staff has provided and geographical areas served; c. Company/staff experience in system planning, plant management, and maintaining quality service; d. Company/staff experience in selling and supporting similar services, including failures, successes, and new strategies; and e. Company/staff experience effectively managing at least 1,000 customer accounts together with accurate billing of services. 2. City of Ashland Franchise Agreement Proposer accepts the Franchise agreement attached as Exhibit I without exception. Further, the proposer agrees to maintain the franchise agreement administered by the City of Ashland throughout the term of the lease contract administered by AFN. 3. City of Ashland Business License-Proposer agrees to obtain and maintain a City of Ashland Business license without exception throughout the term of the awarded contract. 4. Co-Ownership of Customers-Without exception, proposer agrees it and AFN share mutual interest in all customers obtained under the duration of this Agreement for the services specified. Proposer shall not sell, transfer, share, transition, or otherwise affect the ownership of customer accounts without prior approval and fully executed addendum to this contract. S. Co-Branding-Proposer agrees to cooperatively market all services under its awarded contract with Ashland Fiber Network/AFN without exception. This includes inclusion of the RFP Television Services, October 11, 2010, Page 15 of 83 f E t it I i I k AF N logo and brand in all marketing efforts and providing AFN management opportunity to review and control use of its logo and brand. 6. Availability of Wholesale Products----Proposer agrees to make its television programming packages available to AFN and its partners at wholesale prices for use in the sale of bundled telecommunications services-e.g., combined Internet, television, and telephone. These packages must match the successful proposer's own offerings, be competitive on.the basis of wholesale pricing, as well as be available to AFN and its partners throughout the contract l term without exception. 1 7. Operating Fees and Payment Policy-Proposer agrees to pay a minimum of $200,000 per annum for operating costs associated with the HFC plant on which television services operate. The base cost recovery calculation for this figure is as follows: Cost Sectors 2011 2012 2013 Description Staff $83,940 $865458 $89,052 CAT'V support hours of .9 FTE $1500/month space and utilities + Space usage $18,200 $18,200 $18,200 ,$200/year Access/Security $7,120/month Network Capital Infrastructure $85,440 $85,440 $85,440 and Maintenance Regulatory Compliance $12;106 $12,106 $12,106 PUC compliance work tickets Total $199,686 $202,204 $2045598 By submitting a proposal, the proposer agrees to the following: A. Operating fees payment shall be made quarterly, in advance for the subsequent quarter, submitted to Ashland Fiber Network prior to the first day of January, April, July, and October of each year. B. Revenue sharing payment shall be made quarterly, for the previous quarter's total, submitted to Ashland Fiber Network prior to the first day of January, April, July, and October of each year, C. Payment for miscellaneous charges and fees billed by AFN shall be as billed, within 30 days of the billing date listed on AFN invoices. 4 D. Payment of franchise fees shall be administered under the terms of the franchise granted ! r to the successful proposer by the City of Ashland (not AFN) and are not considered to fall within this RFP and the contract awarded as a result of this RFP. 8, Storefront Operation-Proposer agrees to maintain a commercial storefront location within the City of Ashland's urban growth boundary throughout the term of their awarded contract, By submitting a proposal, the proposer agrees to equip and staff the storefront facility to handle on-site customer visits for connects, disconnects, and equipments and parts pick-up. ttr°t"~ Hours of operation for the storefront facility shall bestandard business days and hours, minus national and State of Oregon holidays. Customer support staff must have excellent customer service skills and be courteous and professional at all times. 9. Liability-Proposer agrees all liability associated with their management and operation of television services during the term of their contract shall belong solely to them as the successful proposer, without exception. By submitting a proposal, the proposer also accepts responsibility for liquidated damages for any negative impacts to AFN's customers and brand a 4 3 t t RFP - Television Services, October 11, 2010, Page 16 of 83 I i resulting from their management of television services. The successful proposer is not liable for failure to perform if such failure is as a result of force majeure. 10. Auditing Proposer agrees that the City of Ashland, through its Ashland Fiber Network Division, may initiate an audit of the finances of the successful proposer to confirm accuracy I of payments at any time. Audits shall not exceed one per year, shall be paid in equal t proportion by both the successful proposer and the City, and shall be selected by AFN's executives. The successful proposer must make all files, materials, and staff fully available to the assigned auditors. The scope of any audits will be limited to the services being f contracted. Contract Length: The City of Ashland's intent is to award a contract for three years with two one-year extensions at the City's option, for a potential total term of five years. Extensions will be granted on the basis of the successful proposer's financial, operating, and marketing performance. Miscellaneous Charges and Pees: The City of Ashland may provide the following services at stated costs. The proposed fees, hourly rates, and miscellaneous charges will apply from the start of the contract, through December 31, 2011. They may be increased or decreased with 90-days notice, after January 1, 2012. Description of Services RATE, Installation Fee $20.00 (Additional charges for arts and supplies apply. Maybe waived by AFN.) Disconnect Fee $50.00 Standard Outlet Fee $20.00 (Ma be waived by AFN.) Field Technician Hourly Rate (Non-standard work such as advanced troubleshooting, nonstandard outlets, wall $40.00 fishing, etc.) Add/Remove Trap Fee $10.00 Consulting and Technical Support - Hourly Rate (Charge applies to support for issues not related to AFN infrastructure performance $70.00 and reliability.) Staff Screening Fee (Charge for each employee submitted for authorization to access AFN and City Service $150.00 Center facilities.) Issues Management and Communications Protocol: As part of their response, proposers must explain how they will provide support 24 hours per day by seven days a week by 365 days per year (plus leap year) response to technical outages and major issues. AFN requires channels be available and viewable by subscribing AFN customers at least 99.90% of all hours in a year, minus maintenance periods mutually agreed to by the successful proposer and AFN. Proposers are required to provide timely outage notification and resolution protocol for City staff to utilize. AFN contacts must be notified of any television outages, widespread channel issues, and repair of those scenarios within 60 minutes of occurrence. AFN must also be notified of Federal Communications Commission and Public Utilities Commission violations within two UP -Television Services, October 11, 2010, Page 17 of 83 f i i d z business days. Proposers must detail how they will communicate issues and provide updates to AFN staff, as well as include contact information and escalation steps for AFN staff to follow in the event it needs to communicate issues or outages to the successful proposer, r i Access to Head-End and Equipment: The Cable television head-end and all equipment associated with rendering television services are and shall continue to be located at the City of Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520. The physical area of the Cable television head-end is approximately 400 square feet and space is shared with the Ashland Fiber Network's Internet 1 Services operations. Eight satellite dishes are located outdoors, in an adjacent lot. The successful proposer's designated staff will have access to these facilities after being granted authorization. Authorization requires completing City of Ashland security forms, including successfully passing background checks performed and required by the Ashland Police Department. To i ensure staff can transition in quickly, proposers should screen their proposed staff prior to submittal. The successful proposer will only have authority to access the AFN television head-end, associated equipment, and AFN staff in the head-end area of the Service Center facility. The successful proposer shall not have authority to access network equipment or other areas of the City Service Center. The successful proposer shall not store equipment or supplies, expand equipment space, grow utilities requirements, nor park vehicles on City property without prior approval by the City's CIO/Director of Information Technology (CIO/Director), or his/her designee. The successful proposer's authorized staff will only be permitted to park in the City Service Center's public parking areas and must agree to maintain a safe distance from any and all i heavy equipment on the Service Center property. ' Maintenance of Head-End Assets: The successful proposer will be required to maintain and upgrade television head-end equipment in a professional manner, so as to meet all required performance measures. The television head- end shall be used solely for cable television, IP-based television, video content distribution, and services -as approved under the awarded contract and any subsequent contract amendments. The City of Ashland shall own all upgrades to its television and network assets without compensation to the proposer, unless otherwise agreed to via a contract amendment to the awarded contract. Current hardware used in operation of AFN cable is attached as Exhibit G. AFN shall provide existing rack space and use of its eight satellite dishes, which are and shall remain the property of the City of Ashland, for use by the successful proposer. The successful proposer is responsible for acquiring any and all hardware and software it deems required for provision of agreed services, such as channel receivers and modulators. Note that a portion of the current head-end equipment is owned and operated by AFN's current contractor attached as Exhibit G. Consequently, proposers should account for providing equipment they require in their projected costs. Community Outreach: It is the intent of the City to obtain a service provider that acts as a positive corporate citizen in the local community due to AFN's status as a public resource. Proposers need to ensure their company will work to honor the Ashland community's diverse culture, interests, and needs. RFP -Television Services, October 11, 2010, Page 18 of 83 s i _Revenue and Fee Arran ements: Base Operating Fee payments compensate AFN only for the use of building facilities, electrical consumption, utilities, infrastructure maintenance and upgrades for use of network distribution plant, AFN staff support to include field technicians servicing installations and service calls, and related vehicle fleet expenses, " Proposers must also include proposed revenue sharing arrangements and/or payment schedules 3 to share financial benefits realized from services rendered via the community-owned Ashland Fiber Network infrastructure. Arrangements and schedules should generally be presented as a percentage of gross revenue or an amount per customer account and address. However, proposers are permitted to propose alternative structures. Proposers are also highly encouraged to structure their proposals to reward performance. For example, percentages and fees (not including base operating fee) can be reduced as the successful proposer's performance improves i on measures of higher total customer accounts, more new customer acquisitions, tower customer churn, high customer satisfaction scores, and other measures that materially and positively affect AFN's services. The final revenue sharing and fee arrangement will result from successful negotiations between the City of Ashland and the highest ranked proposer. Definitions 1) Revenue sharing is defined as payment to the City of Ashland's Ashland Fiber Network Division by the successful proposer for cooperatively meeting specific operating goals. 2) Gross revenues shall be calculated solely on the basis of average total revenue per customer account. This calculation shall exclude advertising revenue. Contract Term: The City's intent is to award a contract to the successful proposer for a period of three years, with the option of two one-year extensions for a maximum term of five years. The City of Ashland shall retain the sole right to approve or deny the sate, transfer, and/or divestiture of the contract by the successful proposer to another entity. This includes, but is not limited to, the transfer or sale of the successful proposer's contract of AFN infrastructure, accounts and data for customers within Ashland city limits, and subcontracts with other service providers. Timeline for Contract Review: Dates Term Technical Review Basis Operating Review Basis January 2011 to December 2013 Three years Services & Compliance Financial & Marketing January 2014 to December 2014 First one-year extension Services & Compliance Financial & Marketing January 2015 to December 2015 Second one-year extension Services & Compliance Financial & Marketing Y RFP -Television Services, October 11, 2010, Page 19 of 83 i i t t F S F F 1 1 Z 4. CONTENTS OF PROPOSAL fi s Preparation Proposals shall provide a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. The proposal must contain and be organized in accordance with the following section titled Contents of Proposal. The proposer assumes the sole risk and responsibility of all expenses - connected with the preparation of its proposal. Title Page I Cover Include the name of the company; its principal business address and contact information where the services will be managed and if applicable, the local company address and contact information. Table of Contents Include a clear identification of the material by section and by page number. Transmittal Letter A letter of introduction addressed to "Rob Lloyd, CIO/Director of Information 'T'echnology" and signed by a person legally authorized to bind the proposer to its proposal. The letter will introduce the name of the main contact and include the company name, physical address, mailing address, telephone number and fax number. The letter will also introduce the company representatives who have authority to make decisions on behalf of the company. And, if applicable a cellular number and contact name for additional inquiries. The transmittal letter may also introduce the proposal and summarize the key provisions of the proposal. Acceptance of Mandatory Minimum Qualifications and Terms Proposer to acknowledge understanding and acceptance of the Mandatory Minimum Qualifications and Terms as detailed in Section 3 on Page 16. Acceptance, without exception, will be acknowledged in writing on the form attached as Exhibit D. The € Mandatory Minimum Qualifications and Terms are mandatory and non-negotiable. In addition to Exhibit D, proposer to provide: a. Resumes of proposed technical staff, including narrative explaining how proposed technical staff meet experience requirements as stated in the RFP, and at least three references (may be from the same company) with contact information (name, address, telephone number, and fax number) supporting stated experience. References may be contacted by the City; b. Description of services company/staff has provided and geographical areas served; c. Company/staff experience in system planning, plant management, and maintaining quality service; d. Company/staff experience in selling and supporting similar services, including failures, successes, and new strategies; and e. Company/staff experience effectively managing at least 1,000 customer accounts together with accurate billing of services. f. Company references for selling/supporting similar types of services and maintaining quality services. Provide at least three references (not from the same company) with UP - Television Services, October 11, 2010, Page 20 of 83 E E ggf C { F I contact information (name, address, telephone number and fax number) supporting stating experience. References may be contacted by the City. t Financial Strength Financial Statements Include current audited Balance Sheet, Statement of Cash Flows, and Statement of Income. These financial reports must reflect positive financial status and indicate ability of the proposer to meet the terms and length of the intended contract without issue. Proprietary Information (Trade Secrets) - Please see section on page 11. Head-End Equipment Include the proposer's projected costs for start-up head-end equipment. Acknowledge proposer reviewed and understands the section of the RFP titled "Maintenance of Head- End Equipment" on Page 19, and has reviewed the Head-end Asset Inventory attached as Exhibit G, which includes a list of the head-end equipment that is owned and operated by the current contractor. } Proposed Services Current channel lineups are attached as Exhibit H. Note: Although proposers must define their own cable television channel lineups, AFN recommends the following channels be carried due to local interest: all available RVTV channels, Local Medford DMA broadcast television stations, ESD,(Jackson Long Distance Education), Classic Arts Showcase, and Free Speech TV. Core Services - Including Retail/Wholesale Cost Provide 480 MHz channel lineup(s) by proposed packages/tiers with estimated cost for each package/tier. Base package should include local news and public/educational/government channels. Describe how the channel lineup(s) and packages/tiers appeal to Ashland residents and business. Note at what wholesale versus s retail cost(s) AFN and its partners would be able to purchase each of the packageshiers. E Di itg aI Services - Including Retail/ Wholesale Cost Provide 860 MHz channel lineup(s) by proposed packages/tiers with estimated cost for 1 each package/tier. Premium package should include local news and public/educational/government channels. Describe how the channel lineup(s) and packages/tiers appeal to Ashland residents and business. Note at what wholesale versus retail cost(s) AFN and its partners would be able to purchase each of the packages/tiers. a Additional/Alternative Services Examples of additional services: Telephone, Internet, IP-Based Television (IPTV), On- Network IPTV, Digital Video Recorders (DVR), Video-on-Demand Programming (VOD) Additional Services Proposer Intends to Offer RFP --Television Services, October 11, 2010, Page 21 of 83 I i I E Proposers may include additional/alternative services or products, novel services and/or incentive options in their proposals they wish/intend to offer AFN customers. IP-based television (IPTV), on-network IPTV, on-demand video, digital video recorders, voice t over IP (VOIP), and similar offerings are not required, but are desired to meet emerging 3 R customer demand in Ashland. Proposers are encouraged to propose additional/alternative services or products, incentive arrangements, and performance goals for each proposed service. r For each additional/alternative service or product, the proposer must provide a clear and E detailed description of each service or product, including what the proposed service is, _ estimated cost, how revenues from sales will be shared, how the service benefits AFN customers, whether the additional service would be available to AFN and its partners at F wholesale prices, the timeline for implementing the service and implementation date, how the service would be tested, and any limitations or concerns. Proposers must also describe their company's ability to administer the proposed service and what assistance or allowances they may need from AFN. Activation Plan Goals and incentives in proposals should support successful activation and transition to the proposer's services. Proposers must provide a plan that accounts for and ensures all transitions related to this contract occur smoothly for AFN customers and staff. Provide a detailed work breakdown structure and schedule for the required tasks needed to complete the activation process and/or to implement an alternative solution. Detailed information on the proposed technical activation with an administrative timeline detailing acquisition of programming content is to be included. Note any requirements of AFN 3 staff to successfully transition services as needed. a L njz Term Strate~y Provide the strategic direction proposer intends to take television services if awarded the contract. At minimum, address the following: I) The priority and place of high-definition, video-on-demand, and digital video recording devices in marketing efforts; 2) How should bundling of services be used to augment sales and reduce customer chum; 3) How to position for changing programming contracts coming from content production companies; and 4) A credible response to the emergence of Internet Protocol-based television (IPTV) in the coming years. . Customer Data Securi Proposers must acknowledge in writing their acceptance of requirements to maintain customer data in a secure fashion and not to sell or otherwise release customer data without prior approval from the CIO/Director of Information Technology or his/her designee. Proposers should describe how they will accomplish this requirement. Communications Protocol Provide a communications protocol that details how proposer will provide timely outage - RFP -Television Services, October 11, 2010, Page 22 of 83 i r notifications, technical outages, channel issues, major issues and minor issues will be r 3 communicated to AFN, how AFN should communicate issues to the proposer, processes for updates, and escalation procedures. The protocol must be designed to meet the 24x7x3 65, 99.90% uptime standards minus maintenance periods mutually agreed to by the successful proposer and AFN. AFN contacts must be notified of any television outages, widespread channel issues, and repair of those scenarios within 60 minutes of occurrence. AFN must also be notified of Federal Communications Commission and t Public Utilities Commission violations within two business days. Proposers must detail how they will communicate issues and provide updates to AFN staff, as well as include contact information and escalation steps for AFN staff to follow in the event it needs to communicate issues or outages-to the successful proposer, s Revenue Sharing and Fee Arran ements Provide detailed revenue sharing and fee arrangement. E E Revenue Sharing and Fee Arrangement for Television Services on-Advertising, Propose and describe revenue sharing and fee arrangement for television services: The proposed arrangement may include shared benefits, incentives for strong performance, growth in the number of customer accounts, new customer acquisitions, nominal customer churn, and high customer service ratings. Revenue Sharing and Fee Arrangement for Advertising Include revenue sharing approach for advertising revenues. Revenue Sharing and Fee Arrangement for the Proposed Additional Services F Include revenue sharing and fee arrangement for additional services being proposed. Optional - Additional Revenue Sharing and Fee Arrangements Proposers may propose additional or alternative revenue sharing and fee arrangements related to its lease and operation of AFN television services. A narrative description of } the objectives of each alterative arrangement is required for clarity. Marketing Performance Detail proposed marketing strategies, Marketing Television Services j Discuss marketing strategy for television services, customer acquisition and retention, and cooperative marketing efforts with AFN. Describe how they will ensure their company will work to honor the Ashland community's diverse culture, interests, and needs, Include how the proposer intends to create and maintain an active and consistent presence in the City of Ashland. Examples may include efforts to support community events, and cooperatives with local educational institutions and nonprofits. Marketing Advanced Television Services/Additional Services f Discuss marketing strategy for creating opportunities to market advanced television services and additional services being proposed. Marketing Advertising RFP - Television Services, October 11, 2010, Page 23 of 83 f i i i 1 f 3 Discuss how proposer will sell television advertising and perform necessary production ~ and encoding support work. s F Customer Service Survey r Propose and describe a cooperative customer survey process for the proposer and AFN to manage jointly. The survey must be.performed at least once annually and be approved by AFN prior to release. It must gauge customer satisfaction with channels, pricing, customer service, and overall satisfaction. r Financial and Marketing Performance Proposers should agree to the Financial and Marketing Performance requirements attached as Exhibit E, or suggest alternatives, so long as the alternatives do not conflict with the Minimum Qualifications and Terms section of this RFR f Sample Usage and BillinfFStatements and/or Reports Provide sample usage and billing invoices, statements and/or reports. - 3 9 Performance Requirements ; Proposers should agree to the Performance Requirements attached as Exhibit F, or suggest alternatives, so long as the alternatives do not conflict with the Minimum { Qualifications and Terms section of this RFP. Contract Terms and Conditions r The proposal should indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. Final terms of the lease contract to be negotiated. F Exhibit A - Certificate of Compliance The Certificate of Compliance attached as Exhibit A is required to be signed and included with your proposal. Lease Agreement and Contract y A' sample lease agreement is attached as Exhibit J. This sample lease agreement serves as a default agreement on which negotiations will be based. s Liquidated Damages Failure to meet performance requirements and thresholds defined in this RFP adversely affects the reputation of AFN and the ability of it and its partners to sell services. A j liquidated damages clause will be required in the contract negotiated between AFN and I the successful proposer, It is suggested that proposers propose liquidated damages in their proposals. Termination Either party may terminate this agreement for cause, provided written notice is given the i RFP --Television Services, October 11, 2010, Page 24 of 83 1 3 S f i 1 1 i f Y other party specifying the cause for termination and requesting correction within 10 days for failure to pay a sum due, or within 30 days for any other cause, and such cause is not corrected within the applicable period. Cause is any material breach of the terms of this agreement, including the failure to pay any amount when due; sale or transfer of ; customer accounts without agreement; the filing of a petition in bankruptcy; inability to 1 meet financial obligations when due; or failure to provide services as detailed in this t agreement. 1 In the event the contract is terminated under any circumstance, the City of Ashland may pay the successful proposer $100 for each active television customer account to ensure effective transition of customers. Active customer accounts are defined as those that are being provided television services under the scope of the contracted services at the time the contract is concluded, that have no overdue balances, and that have not given notice to the successful proposer or City of intent to cancel their service. In consideration for j proposer investments under the terms of the contract, the City, through its AFN division, shall also have the option to purchase equipment installed for the operation of television services from the successful proposer, at current depreciated values at the time I termination notice is sent by either party. E ~ j I E RFP -Television Services, October 11, 2010, Page 25 of 83 5. SUBMITTAL OF PROPOSALS Final contents of proposal to be submitted in sealed envelope: 1. Complete set of RFP documents released by the City of Ashland s 2. Proposal: One (1) original copy of the proposal signed in INK Four (4) additional copies of the proposal The final contents of the proposal must be submitted in a single SEALED ENVELOPE and received at the following address: Rani Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 +i = Contents: REQUEST FOR PROPOSAL 1 I TELEVISION SERVICES Due by 2:OOPM (PST), Wednesday, November 10, 2010 DUE DATE AND TIME. The proposals must be received at the designated address listed above prior to 2:OOPM PST), Wednesday, November 10, 2010. Late proposals will not be considered. Faxed or emaiied proposals will not be considered. Period of Irrevocability Proposals will be offers that are irrevocable for a period of sixty (60) days after the time and date proposals are due, Proposals will contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated. s : F RFP - Television Services, October 11, 2010, Page 26 of 83 I i i 6. EVALUATION PROCESS An evaluation committee appointed by the City of Ashland will evaluate the proposals based on the evaluation criteria established in the Request for Proposal. Each category will be scored with a number of points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category's level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria. Interview/Clarification Process After the initial evaluation of the proposals has been completed, the Evaluation Committee may conduct an interview process and/or request clarifications. The actual interview and/or additional inquiries for clarifications may be performed or requested via the telephone, fax, email and/or in person. Evaluation Criteria The proposals will be evaluated according to the following criteria: i Evaluation Criteria Paints Mandatory Minimum Qualifications and Terms Pass/Fail Title page, Table of Contents, and Transmittal Letter 3 Financial Strength 14 v Proposed Services 8 t Activation Plan 15 Long Term Strategy 5 Customer Data Security 4 Communications Protocol 4 Revenue Sharing and Fee Arrangements 12 Marketing Performance 21 Sample Usage and Billing Statements 1 Performance Requirements 8 Contract Terms and Conditions 5 TOTAL 100 Additional/Alternative Services or Products 20 TOTAL 120 i 7 The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City's findings that it is in the best interest of the City of Ashland. If only one responsive proposal is received, the City of Ashland reserves the right to negotiate a contract with the sole responsive proposer. The City of Ashland will determine if the proposal r will be considered and if the proposed revenue sharing and fee arrangement is within an acceptable range. If the City determines the proposal is fair and reasonable, the City may enter j into negotiations with the sole responsive proposer. RFP - Television Services, October 11, 2010, Page 27 of 83 G E i E i s i k The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A contract with the proposer deemed to be most qualified will then be negotiated. If negotiations with a proposer are unsuccessful, the City of Ashland may proceed to the next most qualified, and so on until a contract is successfully negotiated. The final contract recommendation will then be presented to the City Council (Local Contract Review Board) for R final approval prior to execution. I T 7 i f 5 2 QneAE 6 9 3 F 1 2E 7 4 . i RFP -Television Services, October 11, 2010, Page 28 of 83 !i EXHIBIT A-Certificate of Compliance k i Compliance with Oregon Tax Laws: s r i - In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. F 0 e 6 e Compliance with Nondiscrimination Laws: I In compliance with ORS 279A.110(4) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of contractor in this matter, and to the best of my knowledge the contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts, and that the Bidder is not in violation of any Discrimination Laws. = 3 Corporate Officer: By: _ Signature z I i Print Name Title: Date: RFP - Television Services, October 11, 2010, Page 29 of 83 7 EXHIBIT B-Living Wage Brochure CITY • ASHLAND, OREGON u City of Ashland LIVING* WA E per hour, effective June 30, 2010. The Living wage is adjusted annually every June 30 by the Consumer Price Index. • _ , _ , , portion of business of their cafeteria plans (including employer, if the employer has childcare) benefits to the ten or more employees, and amount of wages received by has received financial the employee. assistance for the project or ➢ For all hours worked under a business from the City of ➢ Note: "Employee" does not . service contract between their Ashland in excess of $18,703. include temporary or part-time _ employer and the City of employees hired for less than Ashland if the contract ➢ If their employer is the City of 1040 hours in any twelve- exceeds $18,703 or more. Ashland, including the Parks month period. For more and Recreation Department, details on applicability of this ➢ For all hours worked in a policy, please see Ashland month if the employee spends ➢ In calculating the living wage, Municipal Code Section 50% or more of the employers may add the value 3.12,020. employee's time in that month of health care, retirement, working on a project or 401K and IRS eligible i • additional • a Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.orms. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees, CITY OF ASHLAND RFP - Television Services, October 11, 2010, Page 30 of 83 s f I 1 i i S 1 EXHIBIT C-Living Wage Ordinance Y CHAPTER 3.12 LIVING WAGE s i SECTIONS: 2 3.3.2.010 Purpose. 3.12.020 Definitions. 3.12.030 Payment of a Living Wage. 3.3.2.040 Enforcement. s 3.3-2.050 Retaliation and Discrimination Prohibited. 3.12.o6o Applicability of Provisions. t 3.12.070 Severability. SECTION 3.3.2.03.0 Purpose. i The City awards contracts to private firms to provide services to the public and City government. The City also provides grants to not-for-profit organizations. Such public expenditures should be spent only with deliberate purpose to promote the creation of jobs that allow citizens to support themselves and their families with dignity. Jobs that pay below living wages do not serve' the public purpose and place an undue burden on taxpayers and the community which must further subsidize employers who pay sub-poverty wages by providing their employees health care, housing, nutrition, energy assistance, and other government-provided services. The City has a responsibility when spending public money to set a community standard that promotes workers living above the poverty line. Therefore, contractors, subcontractors or other recipients of City e financial assistance should pay their employees nothing less than a living wage as defined by this chapter. (Ord 2875, Added, 09(04/200-1) i SECTION 3.12.020 Definitions. For the purpose of this ordinance the following definitions shall apply: A. "Employee" means any person who is employed as an employee of a service contractor or a recipient, or who is a recipient subcontractor or independent contractor of a service 1 contractor, or subcontractor on a service contract with the City, for all employment hours a i spent performing the duties required pursuant to the service contract, or by a recipient or a subcontractor of a recipient who spends $o% or more of the employee's compensated time in a month working: on the project or portion of business that received City financial assistance. i i I "Employee" does not include: x.. Employees outside the state of Oregon; 2. Employees who are hired as temporary or part-time employees and who are employed for a total of less than 104o hours in any twelve month period; 3. Employees participating in bona fide training programs such as welfare-to-work (state), work study (educational institutions), certified apprentice programs or on-the-job training program of no more that 18 months; 4. Volunteers and quasi-volunteers (who may receive a stipend); 5. Employees who are under x8 years of age, employed by a non-profit entity for after IFP -Television Services, October 11, 2010, Page 31 or 83 i y i i school or summer employment or as a trainee for a period of not longer than 12o days; 6. Employees who are standing by or on-call according to the criteria established by the l=air Labor Standards Act, 29, U.s.C. Section 20a.. This exemption shall only apply during the time when the employee is actually standing by or on-call; or i 7. An employee subject to a bona fide collective bargaining agreement. B. "Employer" means the City of Ashland including the Parks and Recreation Department and I any person who is a recipient, contractor, or subcontractor and who employs employees. l E "Employer" does not include other governmental agencies or quasi- governmental agencies, which have publicly elected boards or commissions. C. "Person" means natural person, joint venture, joint stock company, partnership, d association, club, company, corporation, business, trust or organization. E D. "Recipient" means any person who receives financial assistance from the City, including i direct grants, loans, waiver of city fees or other valuable consideration in an amount of j more than sa.5,ooo in any twelve month period. This amount shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January through - December) in the Consumer Price Index - Urban Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Recipient does not include a private employer with less than ten employees who receives a tax abatement or subsidy. "Financial assistance" does not include: s 1. The purchase of goods or other property- 2. The lease or rental of goods or other property; es for the occasional meeting, reception, or similar function, services to provide Payment 3. 4. Payments under contracts subject to prevailing wage requirements in ORS 279.348 to 279-38o; or 5. City staff assistance, or an economic benefit as an incidental effect of city policies, regulations or ordinances. c 4 E. "Safety net services" include: 1 1. Temporary, emergency food and shelter; i 2. Substance abuse education, prevention and treatment; 3. The preservation of dignity and equal access to justice; p 4. Primary and preventive health care services; or G 5. Critical supportive-services for families, seniors and victims. F. "Service contractor" means any person who enters into a service contract with the City. A "service contract" means a contract to provide services for the operation of the City or to maintain City property. A service contract does not mean: 1. The purchase of goods or other property; 2. The lease or rental of goods or other property- 3 3. Payment to provide services for the occasional meeting, reception,-or similar function; ~ 4. Those contracts subject to prevailing wage requirements in ORS 279-348 to 279,38o;or RFP -Television Services, October 1 12010, Page 32 or 83 t 1 i2 i 5. Contracts involving payment of less than sa.5,ooo. This amount shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January 'Y I through December) in the Consumer Price Index - Urban Wage Earners, as published by F the U.S. Department of Labor, Bureau of Labor Statistics. Amendments to such contracts that increase the contract amount over siS,ooo are also not included within the definition of a service contract unless such amendments are used to circumvent G living wage requirements. 5 3 i G. "Subcontractor" means any person that enters into a service contract with: 1. A service contractor to assist the service contractor in performing 5o% or more of the f service work on a project or portion that receives city funds; 2. A recipient to assist the recipient in performing 5oO/o or more of the service work on a project or portion that receives city funds. (Ord 2875, Added, 09/0412001) i SECTION 3.12.030 Payment of a Living Wage. A. All employers covered under this chapter shall pay employees a "living wage" of wages and benefits equal to $11,74 per hour (CPI 6/30/05). Benefits, which can be attributed to a living wage, are limited to health care, retirement, 40sk and IRS eligible cafeteria plans (including 1 childcare). B. Work presently being performed by City of Ashland employees may not be contracted out unless the contractor pays employees performing that work a living wage or the current City wage, whichever is higher. i 1 C. The wage rate required in section A shall be adjusted annually, effective June 3o, to reflect increases during the preceding year (January through December) in the Consumer Price Index - Urban Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor Statistics. F i R D. Employers subject to this chapter shall post a notice, which notifies employees of their 3 potential rights under this chapter. Such notice shall be posted predominantly in areas where it will be seen by all employees. (Ord 2875, Added, 09/0412001) 3 i SECTION 3.3.2.040 Enforcement. A. Compliance with this chapter shall be required in all City contracts to which it applies. Such I 1 contracts shall provide that upon a violation of any provision of this chapter the recipient, ' contractor or subcontractor who is out of compliance shall have thirty days to come into compliance. E Such contracts shall further provide that after 3o days if the recipient, contractor or subcontractor remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies that may be available including the repayment of, or payment for, all or part of the financial assistance provided. If a recipient, contractor, or subcontractor violates I the provisions of this chapter twice, the City may terminate all contracts already in force and RFP -Television Services, October 11, 2010, Page 33 or 83 i i i 1 that recipient, contractor, or subcontractor shall be prohibited from receiving City financial assistance or contracting with the City for a period of two years. E B. An employee claiming violation of this chapter may report such action to the city. The city administrator may establish a procedure for receiving and investigating such complaints and take appropriate enforcement action. 6 An employee claiming violation of this chapter may choose to bring an action in the Circuit Court of Oregon against an employer and maybe awarded back pay for each day during which 4 the employer failed to pay the employee the required living wage. As additional damages the employee shall be awarded an amount equal to an hour's pay for each hour the employee was r not paid the amount required in section 3.1.2.03o and any additional injunctive relief necessary and appropriate under the circumstances. The court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action. The damage provision of this section shall not apply if such violation was deemed to be unintentional on the part of the employer and the employer paid the required back pay for each day the violation of this chapter occurred. 1 C. The statute of limitations for this chapter shall be two years from the time of the alleged violation of this chapter. (Ord 2875, Added, 0910412001) _ K "s SECTION 3.1.2.op Retaliation and Discrimination Prohibited. A. No employer shall 'retaliate or discriminate against an employee in his or her terms and conditions of employment by reason of the person's status as an employee protected by the requirements of this chapter. E B. No employer shall retaliate or discriminate against a person in his or her terms and conditions of employment by reason of the person reporting a violation of this chapter or for prosecuting } an action for enforcement of this chapter. g (Ord 2875, Added, 09/04/2003) F SECTION 3.3.2.o6o Applicability of Provisions. I The provisions of this chapter shall apply to: 3 C A. A contract executed and financial assistance provided after the effective date of this ordinance; 1 B. A contract amendment executed after the effective date of this ordinance which itself meets the requirements of this chapter or extends a contract that meets the requirements of this chapter; and E ~ C. Supplemental financial assistance provided after the effective date of this ordinance which itself meets the requirements of this chapter. y 1 RFP - Television Services, October 11, 2010, Page 34 or 83 l F a D. The Council may waive the requirements of this chapter for a recipient or service contractor upon a finding and determination that such a waiver is in the best interest of the City. The Council may waive the requirements of this chapter for a recipient or service contractor who provides safety net services, upon Council acceptance of a three-year plan for achieving the requirements of this chapter. i • F (Ord 2875, Added, 09/04/2001) i E 5 a~ I SECTION 3.1.2.070 Severability. If any court of competent jurisdiction declares any provision of this chapter legally invalid, the remaining provisions shall remain in full force and effect. (Ord 2875, Added, 09/0412001) 6 S 9 - 7 97 v9G i i 2 6 } 3 I F ci 1 3 i i, 3 {gE Y Q 3 1 I e 1 5 E 9 s 5 5 RFP - Television Services, October 11, 2010, Page 35 or 83 b Exhibit D'- Mandatory Minimum Qualifications & Terms 9 =.1 iFMM1Tjrr7U1"j=" l 1 1 ~ i i Administrative staff must have pertinent and current experience in maintaining programming contracts, selling entertainment services, and supporting customer accounts. Technical staff 1 • - must have pertinent and current experience in operating and maintaining head-end facilities and in all phases of implementation and delivery. This is defined as at leasttwo years of experience in Initial the past four years providing services of similar scope and scale. Proposer accepts the Franchise agreement attached as Exhibit 1 without exception.. Initial I 1 Proposer agrees to obtain and maintain a City of Ashland Business license without exception throughoutthe term of the awarded contract. Initial 1 Without exception, proposer agrees it and AFN share mutual interest in all customers obtained • • - . under the duration of this Agreement for the services specified. Proposer shall not sell, transfer, h - share, transition, or otherwise affect the ownership of customer accounts without prior approval Initial 6 and fully executed addendum to this contract. Proposer agrees to cooperatively market all services under its awarded contract with Ashland } Fiber Network/AFN without exception. This includes Inclusion of the AFN logo and brand in all _ marketing efforts and providing AFN management opportunity to review and control use of its Initial logo and brand. • • Proposer agrees to make its television programming packages available to AFN and its partners ' • • at wholesale prices for use in the sale of bundled telecommunications services-e.g., combined i • - Internet, television, and telephone. These packages must match the successful proposer's own 1 offerings, be competitive on the basis of wholesale pricing, as well as be available to AFN and its initial ' - - partners throughout the contract term without exception. Proposer agreesto pay a minimum Of >$200,000 per annum for operating costs associated with the HFC plant on which television services operate. (Referto chart on Page 17.) z) Operating fees payment shall be made quarterly, in advance forthe subsequent s { quarter, submitted to Ashland Fiber Network priorto the first day of January, April, July, and October of each year. z) Revenue sharing payment shall be made quarterly, for the previous quarter's total, • submitted to Ashland Fiber Network priorto the first day of January, April, July, and Octoberof each year. initial 3) Payment for miscellaneous charges and fees billed by AFN shall be as billed, within 3o days of the billing date listed on AFN invoices. 4) Payment of franchise fees shall be administered underthe terms of the franchise f granted to the successful proposer by the City of Ashland (not AFN) and are not o considered to fall within this RFP and the contract awarded as a result of this RFP. Proposer agrees to maintain a commercial storefront location within the City of Ashland's urban growth boundary throughout the term of their awarded contract, By submitting a proposal, the i t _ proposer agrees to equip and staff the storefront facility to handle on-site customer visits for _ connects, disconnects, and equipments and parts pick-up. Hours of operation forthe storefront facility shall be standard business days and hours, minus national and State of Oregon holidays. Initial Customer support staff must have excellent customer service skills and be courteous and professional at all times. Proposer agrees all liability associated with their management and operation of television services during the term of their contract shall belong solely to them as the successful proposer, without exception. By submitting a proposal, the proposer also accepts responsibility for liquidated damages for any negative impacts to AFN's customers and brand resulting from their Initial management of television services, The successful proposer is not liable for failure to perform If such failure is as a result of force majeure. Proposer agrees that the City of Ashland, through its Ashland Fiber Network Division, may initiate an audit of the finances of the successful proposerto confirm accuracy of payments at any time. Audits shall not exceed one peryear, shall be paid in equal proportion by both the Auditing.., successful proposer and the City, and shall be selected by AFN's executives. The successful Initial proposer must make all files, materials, and staff fully available to the assigned auditors. The scope of any audits will be limited to the services being contracted. RFP - Television Services, October 11, 2010, Page 36 or 83 I r i t f Exhibit E Financial and Marketing Performance Propose Level of Su~ested Description Performance • - >5% Percentage of gross non-advertising revenues for • . , customers 3,001-3,500 • . - o/o Percentage of gross non-advertising revenues for customers 3,501-4,500 : Percentage of gross non-advertising revenues for p • . - customers 4,501 1 • i >o% Percentage of advertising revenues to share • ?2350 Minimum Number of Customers 4 1 • <zo% Maximum Annual Customer Churn Minimum Number Customer Accounts within - 21000 First Three Months of Contract gr € A 5 ~ R Minimum Number of New Customers Acquired in ' 350 Year 1. of Contract Minimum Number of New Customers Acquired in ' - 250 Year z of Contract ' Minimum Number of New Customers Acquired in ' - 25° Year z of Contract 1 z - Customer Service surveys per Year (Coordinated with and approved by AFN) • >651)/G Positive Average Overall Annual Satisfaction Rating(s) • c F • F t Z F i 11 I 1 RFP -Television Services, October 11, 2010, Page 37 or 83 Exhibit F- Performance Requirements F a w w . ■ i ■ . w s Propose Level of _ Description Suggested Performance Date by which all services and customer accounts 0.1/0-1/2011 { are active a Minimum number of active customer accounts by Customers >zooo Transition and Activation Date plus go days l f Total channel availability/uptime per year (all i Reliability 199,9o 0 channels; includes IPTV and video-on-demand services) 536 Total FCC and PUC violation perYear ` Compliance CustomerService Customer seNice surveys performed peryear (as Surveys >1 reviewed and approved by AFN) 5 Customer • Percentage of customers rating proposer services as >65% "Good" or "Excellent" -Rating Payment Late payments for lease operating fees, revenue E 2 Timeliness None sharing payments, and/or service fees billed by AFN i Errors in calculating payments to Ashland Fiber q Payment Errors None Network for operating fees, revenue sharing payments, and/or service fees billed b AFN Customer Data None Failures to share customer data as requested i Sharing Minimum number of customer accounts maintained Minimum z3So atthe end of any month afterthe Transition and i Customers Activation Date plus x8o days j Minimum number of customer accounts acquired in 350 year from customers not purchasing AFN television }j services in previous twelve months _ Minimum number of customer accounts acquired in ' reT, EM 25o yearfrom customers not purchasing AFN television 1 services in previoustwelve months Minimum number of customer accounts acquired in New Customer 2So yearfrom customers not purchasing AFN television Acquisition, services in previous twelve months Maximum Zo% Threshold customer accountturnover (churn) shall Customer a Turnover not exceed annually ? Wholesale Television packages offered at wholesale prices to Positive AFN and AFN partners and serviced professionally Offerings New services developed and offered to Ashland i Innovation Positive customers---e.g., IPTV, video-on-demand, V01P i telephone occurrences wherein customer data has not been managed in a secure fashion; ' Customer Data Occurrences wherein customer data and/or Security None customer accounts have been sold, shared, released, or otherwise transferred without approval by the City of Ashland None Failures to adhere to communications protocol i CommunicGIER stipulated in the awarded contract 1 UP-Television Services, October 11, 2010, Page 38 or 83 f. i I; C L EXHIBIT G---plead-End Asset Invento i (80+ receivers) ; Property of AFN CHANNEL # CALL SIGN RECEIVER MODEL # MODULATOR MODEL # i 5 KOBI (NBC 5) Scientific Atlanta 6150 Scientific Atlanta 6150 F Scientific Atlanta 9660 Scientific Atlanta 9820 y 6 QVC General 7 TV Guide PREVUE GUIDE Instrument DSR4200V Scientific Atlanta 9820 8 KSYS (PBS 8) Scientific Atlanta 6140 Scientific Atanta 6140 9 RVTV -Community Access Scientific Atlanta 6140 Scientific Atlanta 6140 Scientific Atlanta 6140 Scientific Atlanta 6140 10 KTVL (CBS 10) F 11 KBLN (3ABN) Scientific Atlanta 6270 Scientific Atlanta' 9820 Scientific Atlanta 6140 12 KDRV (ABC 12) Scientific Atlanta 6140 13 KMVU (FOX 26) Scientific Atlanta 6140 Scientific Atlanta 6140 General 14 Northwest Cable News Instrument DSR4500 Scientific Atlanta 9820 t f - 15 The Weather Channel Motorola DSR4520X Scientific Atlanta 9820 The Learning Channel (ad Insert General 16 ch) Instrument. DSR4500 Scientific Atlanta 9820 3 - 17 CNN Espanol Scientific Atlanta D9850 Scientific Atlanta 9820 H General Scientific Atlanta 9820 18 Discovery Health Instrument DSR4500 19 Nickelodeon Motorola DSR4402X Scientific Atlanta 9820 20 AFN Info /Blazers Scientific Atlanta 9660 Scientific Atlanta 9820 Scientific Atlanta 9820 / 9890 21 ESPN (ad insert ch) Motorola DSR4500X Scientific Atlanta 9820 22 ESPN2 Motorola DSR4500X Scientific Atlanta 9820 a 23 CNN Headline News Scientific Atlanta 9660 Scientific Atlanta 9660 Scientific Atlanta 9820 24 CNN (ad insert ch) 25 C-Span (House of Reps) Scientific Atlanta 9660 Scientific Atlanta 9820 I i 26 C-Span 2 (Senate) Scientific Atlanta 9660 Scientific Atlanta 9820 Scientific Atlanta D9850 Scientific Atlanta 9820 / 9890 27 WTBS (ad insert ch) 28 Discovery Motorola DSR4402X Scientific Atlanta 9820 29 Hallmark Channel Scientific Atlanta D9229 Scientific Atlanta 9820 30 ABC Family Motorola DSR460OX Scientific Atlanta 9820 31 Lifetime (ad insert ch) Scientific Atlanta D9850 Scientific Atlanta 9820 / 9890 i 32 Animal Planet Motorola DSR4402X Scientific Atlanta 9820 33 The Travel Channel Motorola DSR4402X Scientific Atlanta 9820 i 34 VH-1 Motorola DSR4402X Scientific Atlanta 982019890 35 MTV (ad insert ch) Motorola DSR4402X Scientific Atlanta 9820 / 9890 RCA 301 Scientific Atlanta 9820 36 Free Speech TV 37 UNUSED - split point Scientific Atlanta 9820 38 UNUSED - split point Scientific Atlanta 9820 39 UNUSED - split point Scientific Atlanta 9820 40 TNT Scientific Atlanta D9850 Scientific Atlanta 9820 General ! 41 Court TV Instrument DSR4600 OLSON OTM-3550 I 42 Wisdom Television Motorola DSR450OX Scientific Atlanta 9820 f i 43 UScientific Atlanta Network Motorola DSR4402X Scientific Atlanta 9820 / 9890 RFP - Television Services, October 11, 2010, Page 39 or 83 i Scientific Atlanta 9820 f 44 American Movie Classics Scientific Atlanta D9230 45 Fox Sports Northwest WEGENER U-4600 Scientific Atlanta 9820 General 46 NogGeneral Instrumentn' Instrument DSR440OX Scientific Atlanta 9820 r General 47 Ovation Instrument DSR4500 Scientific Atlanta 9820 / 9890 48 Arts & Entertainment (ad Insert ch) Scientific Atlanta D9850 Scientific Atlanta 982019890 49 Cartoon Network Scientific Atlanta D9850 Scientific Atlanta 9820 l 50 TV Land Motorola DSR4500X Scientific Atlanta 9820 51 El Entertainment Scientific Atlanta D9229 Scientific Atlanta 9820 I DSR450OX Scientific Atlanta 982019890 Motorola 52 Disney Channel 53 EWTN Scientific Atlanta 9660 Scientific Atlanta 9820 j Scientific Atlanta 9820 r 54 The Golf Channel Scientific Atlanta 9660 General DSR4400X Scientific Atlanta 9820 Instrument 55 Sci-fi Channel 56 Turner Classic Movies Scientific Atlanta D9850 Scientific Atlanta 9820 Scientific Atlanta D9850 Scientific Atlanta 9820 57 The History Channel WEGENER U4000 Scientific Atlanta 9820 58 fX General Scientific Atlanta 9820 59 Food Network (ad insert ch) instrument DSR4500 s z 60 BET Motorola DSR4500 Scientific Atlanta 982019890 F 61 Home & Garden TV Motorola DSR4402X Scientific Atlanta 9820 62 MSNBC Motorola DSR4402X Scientific Atlanta 9820 r ~ 63 Fox News Channel Scientific Atlanta 9660 Scientific Atlanta 9820 64 CNBC Motorola DSR4402X Scientific Atlanta 9820 65 Spike Motorola DSR4402X Scientific Atlanta 982019890 g 66 MTV2 Motorola DSR4410 Scientific Atlanta 982019890 General a 67 Wg - KMFD Instrument SR3200 Scientific Atlanta 9820 68 Comedy Central Motorola DSR4402X Scientific Atlanta 9820 69 UNUSED a Motorola DSR4402X Scientific Atlanta 982019890 70 Bravo 71 Tech TV Scientific Atlanta D9834 Scientific Atlanta 9820 4 72 UNUSED a 73 UNUSED 74 CMT Motorola DSR4402X Scientific Atlanta 982019890 Motorola DSR440OX Scientific Atlanta 9820 f 75 Oxygen 76 NAScientific Atlanta Channel RCA 301 Scientific Atlanta 9820 77 Classic Arts Showcase Scientific Atlanta 9660 Scientific Atlanta 9820 4 78 Independent Film Channel Scientific Atlanta 9660 Scientific Atlanta 9820 i 79 UNUSED 80 Worship TV COSHIP CDV82000G Scientific Atlanta 9821 81 UNUSED 82 UNUSED 83 UNUSED 84 UNUSED 85 UNUSED 86 UNUSED RFP -Television Services, October 11, 2010, Page 40 or 83 F f { 87 UNUSED t 8B UNUSED 89 UNUSED I 90 UNUSED a 91 UNUSED t F 92 UNUSED 93 UNUSED 94 GUTHY-RENKER Motorola DSR4402X Scientific'Atlanka 9821 ; Scientific Atlanta 9820 t 95 Community Access Scientific Atlanta 6140 96 UNUSED t Scientific Atlanta 6140 Scientific Atlanta 9820 i 97 Government Access OLSON OTD-3000 Scientific Atlanta 9820 98 ESD -Educational Scientific Atlanta 6140 Scientific Atlanta 9820 99 Educational Access 5 e QUANTITY ADDITIONAL EQUIPMENT MANUFACTURER MODEL # F 1 Emergency Alert System Encoder TFT 911 1 EAS Receiver TFT 930A 1 EAS Server Computer Frontline ~ Frontline 1 EAS Server Monitor a 5 EAS IF inserter Frontline ACM 3L 1 EAS IF Inserter Frontline 9 1 EAS Modulator Frontline 720 EAS 1 AD Insertion Encoder Workstation Canopus RES 300 9 1 AD Insertion Control Computer Addige 2 AD Insertion Head-end Computer Addige 3 2 AD Insertion Quad MPEG Decoder Vela Research 2000-402 1 Warner Brothers Computer WB 1 Weather Channel Computer InteiliStar s 1 TV Guide Computer TV Guide 71407 S Property of Current Vendor (Ashland Home Net) Quantity Manufacturer Model Description Network or Channel 1 Drake VM2860 Modulator Ch 5 Ch 19 1 Drake VM2862 Modulator 1 Drake VM2860 Modulator Ch 35 4 Drake VM2862 Modulator Ch 82 1 1 Drake VM2862 Modulator Ch 83 Drake VM2860 Modulator Ch 10 / Drake VM2860 Modulator Ch 13 1 1 Drake VM2860 Modulator Ch 11 1 Drake VM2860 Modulator Ch 12 RFP -Television Services, October 11, 2010, Page 41 or 83 l i l 1 SA 9820 Modulator Ch 99 j SA 9820 Modulator Ch 97 1 Sa 9821 Modulator CH 81 1 SA 9820 Modulator Ch 20 1 SA 9820 Modulator Spare 3 1 SA 9280 Modulator Ch 22 Ch 78 1 SA 9280 Modulator 1 SA 9820 Modulator Ch 18 1 Olson OTM 3550 Modulator Ch 34 a 2 Olson OTM 3550 Modulator Spares 1 Olson OTD-3000 Modulator Ch 32 1 SA 9821 Modulator Spares 3 1 Ktech DVM-150E Digital off air Receiver Ch 10 Digital to analog 1 Magnavox SDTV convertor Ch 13 s Digital to analog 1 Magnavox SDTV convertor Ch 11 Digital to analog 1 RCA convertor Ch 12 Digital to analog 1 Digital Stream convertor Ch 95 Drake HCP2550A Processor Ch 95 1 Ktech DVM-150E Digital off air Receiver Ch 8 j Digital to analog i{ RCA convertor Ch 5 2 Drake SCI1686 Active Combiner Multi Ch RF Combiner 1 Digital DPS-290 Time Base Corrector Ch 22 1 Digital DPS-290 Time Base Corrector Spare 1 Drake VM2550A Modulator Spare i 1 Drake DD860 Digital ATSC Receiver KDRV HD 1 Drake TMQAM Digital QAM.Modulator KDRV HD 1 Drake DD860 Digital ATSC. Receiver KOBI HD 1 Drake TMQAM Digital QAM Modulator KOBI HD KOBI, KMVU, KTVL, 3 Drake PS8 Power Supply KSYS&KDRV 1 GE C8U-H Digital Processor Shaper KMVU HD 1 GE C8U-H Digital Processor Shaper KSYS, KOBI 1 GE C8U-H Digital Processor Shaper KTVL, KDRV 1 GE C8U-H Digital Processor Shaper Spare Digital processing 1 Blonder Tongue AQM equipment FSNW HD Digital processing 1 BlonderTongue AQM equipment comcast Sport HD 2 Drake TMQAM Digital QAM Modulator Spares 2 GE C8U-H Digital Processor Shaper Spares 1 SA PowerVu Receiver Comcast Sport HD 1 SA PowerVu Receiver Fox Sport HD 1 SA PowerVu Receiver Spare 1 Dish 311 Receiver Ch 97 1 PDi PDI-60ENC Video Scrambler 22 HBO SA PowerVu Receiver 81 RFP -Television Services, October 11, 2010, Page 42 or 83 { 1 i i f SA PowerVu Receiver 29 j 23 ' 1 Motorola DSR-4410 Receiver 1 SA PowerVu Receiver 32 1 SA PowerVu Receiver 35 t 1 Motorola DSR-4402 Receiver 66 68 Motorola DSR-4402 Receiver s I i c ~ a 4 t t _ e d i I " i 3 • a { i r RFP - Television Services, October 11, 2010, Page 43 or 83 l! i S i F s t EXHIBIT H--Channel Lineups - 4 i Community Basic: KOBI (NBC) S RVN Government Access 14 Classic Arts Showcase * 24 1 Infomercials 94 QVC (Shopping) 6 RVN Local Access 5 17 RVN Educational Access 16 KFBI MY48 95 TV Guide Channel KSYS (PBS) 8 C-Span I (House of Reps) 17 Free Speech TV * 96 RVN Community Access 9 C Span II (Senate) 18 Ovation * 97 KNL(CBS) 10 HSN 19 EWTN * 98 F ~ CW (old WB) 11 Ashland N 20 * 20 Worship TV * 99 KDRV (ABC) 12 ESD Educational 21 3 KMVU (FOX) 13 KBLN Better Life TV 22 Y y k Expanded Basic: All the "Community Basic Channels ..plus: g FX 44 MSNBC 63 Fox Sports Northwest 25 ESPN 26 Animal Planet 45 TRUNJCOURTTV 64 ESPN2 27 Disney Channel 46 CMT 65 47 -1 66 Comcast SportsNet NW's 28 Noggin VH Lifetime 29 Nickelodeon 48 MN 68 9 = Oxygen 3o History Channel 49 Sci-Fi 71 g ABC Family 31 Discovery Channel 50 Comedy Central 72 51 G 4 Tech TV 73 Hallmark 32 Discovery Health Style 33 TLC Sa American Movie Classics 74 ' - The Travel Channel 53 Turner Classic Movies 75 4 El Entertainment 34 35 National Geographic 54 Sundance 76 Hallmark Movies i Arts & Entertainment 36 Food Network 55 Independent Film Channel 77 Home & Garden TV 56 VERSUS (OLN) 78 Bravo 37 TNT 38 Northwest Cable News 57 The Golf Channel N 79 9 Cartoon Network 39 The Weather Channel 58 Speed Channel 80 Fox Soccer Channel 81 l USA Network 40 CNN 59 TBS 41 CNN Headline News 6o ESPN Classics B2 Spike TV 42 Fox News Channel 61 BBC America 83 i N Land 43 CNBC 62 j f RFP -'t'elevision Services, October 11, 2010, Page 44 or 83 1 j. { EXHIBIT [-Example Franchise Agreement l CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT 20##, between the € Cable Services Franchise Agreement ("agreement") dated December [SUCCESSFUL PROPOSER], ("Grantee"). Recitals: A. SUCCESSFUL PROPOSER] is a cable service provider in the City of Ashland and has requested a franchise to operate and maintain a cable television system within the City of Ashland; i E B. City is authorized to grant one or more nonexclusive franchises to construct, operate, and ` i s ~ maintain a cable television system within the city limits; and i C. Grantee is willing to accept this agreement and to abide by the terms and conditions; City and Grantee agree: 1. Definitions. For the purposes of this agreement, the following terms, phrases, words and their derivations shall have the meaning set forth below. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words i the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.11. Access means the availability for noncommercial use by various agencies, institutions, organizations, groups and individuals in the community, including City and its designees, of the Cable System to acquire, create, receive, and distribute video, Cable Service, and signals as ' permitted under applicable law, including, but not limited to: 1.1.1. Public Access which means Access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users; ~ 1.1.2. Educational Access which means Access where schools and educational ~ institutions are the primary users of programming and service 1.1:3. Governmental Access which means Access. where governmental institutions are the primary users of programming and service; and - I = 1.1.4. PEG Access which means Public Access, Educational Access, and Governmental Access, collectively. 1.2. Access Channel means any Channel, or portion of any Channel, designated for non- commercial Access purposes or otherwise made available to facilitate or transmit Access f programming or service. 1.3. Basic Service means any service tier which includes the retransmission of local television broadcast signals and PEG Access Channels. 1.4. Cable Acts means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992*and any amendments, including those contained in the Telecommunications Act of 1996. 1.5. Cable Operator means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly owns a significant interest in such Cable RFP -Television Services, October 11, 2010, Page 45 or 83 t f t i i System, or who otherwise control or are responsible for, through any arrangement, the z management and operation of such a Cable System. E r 1.6. Cable Service means the one-way transmission to Subscribers of video programming s or other programming service and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. F 1 1.7. Cable System means a facility, consisting of a set of dosed transmission paths and 4 5 associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without x using any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title 11 of the Federal Communications Act (47 U.S.C. 201 et seq), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand service; (4) an open video system that complies with federal statutes; or (5) any facilities of any electric utility used solely for operating its electric utility systems. 0 1 i 1.8. Channel means a portion of the electromagnetic frequency spectrum which is used in o a cable system and which is capable of delivering video signal whether in an analog or digital z format. This definition does not restrict the use of any channel to the transmission of analog video r signals. l 1.9. Downstream means the transmission from the Head-end to remote points on the Cable System. 1.10. FCC means the Federal Communications Commission. r 1.11. Franchise Area means the area within the city limits of Ashland as they now exist or as they may be amended in the future. l l 1.12. Gross Revenues means all revenues of Grantee, in any way derived from the operation of the Cable System to provide Cable Services in the Agreement Area. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for any Basic, l } optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; revenues from rentals or sales of converters or other equipment; advertising sales revenues; revenues from program guides; and revenues from home shopping channels. The term "Gross Revenue encompasses any and all revenue of any kind, form or nature including franchise fees passed through by Grantee to Subscribers, except that the term does not include sales taxes imposed by law on Subscribers that the Grantee is obligated to collect. With the exception of recovered bad 1 debt, "Gross Revenues" shall not include bad debt. Gross Revenues shall not include any taxes, j fees or assessments of general applicability collected by the Grantee from subscribers for pass- through to a government agency, including, the FCC User Fee. 1.13. Head-end means a facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors and all other related equipment and facilities. j 1,14. Interconnection means the provision by Grantee of technical, engineering, physical, and all other necessary components to maintain a physical linking of Grantee's Cable System and Cable Service or any designated Channel or signal pathway with neighboring Cable Systems, so that Cable Service of technically adequate quality may be sent to, and received from, other systems in accordance with this agreement. RFP -Television Services, October 11, 2010, Page 46 or 83 1.1 5. Leased Access means the use of Channel capacity designated for commercial use by Persons unaffiliated with Grantee as defined in Section 612 of the Cable Act. 1.16. Origination Point means a location where Public, Educational, or Governmental t use programming is delivered to the Grantee for Upstream transmission. I 1.17. Person means any individual, natural Person, sole proprietorship, partnership, , association, or corporation, or any other form of entity or'organization. 1.18, Public Rights of Way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public utility easements, and all other public ways, including the subsurface under and air. space over these areas, excluding parks and parkways, but only to - the extent of City's right, title, interest, or authority to grant a franchise to occupy and use such s streets and easements for a Cable System and only to the extent that sufficient capacity exists for a Cable System. "Public rights of way" shall also include any easement granted to or owned by City or County and acquired, established, dedicated, or devoted for public utility purposes. 1.19. Quarterly, or quarter, means the standard calendar periods of January 1 March 31, April 1 June 30, July 1 September 30, and October 1 December 31, unless otherwise { specified in this agreement. 1.20. School means any accredited educational institution, public or private, including, but not limited to, primary and secondary schools, and colleges and universities. i z 1.21. Street means each of the following which have been dedicated to the public, or which may be dedicated to the public in the future, and maintained under public authority or by others and located within the Franchise Area: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and other public ways. 1.22. Subscriber means any Person who elects to subscribe to, for any purpose, Cable Service provided by Grantee by means of, or in connection with, the Cable System, and whose premises are physically wired and lawfully activated to receive Cable Service from Grantee's Cable -System. 1.22.1. Commercial Subscriber means any Subscriber other than a Residential Subscriber. t 1.22.2. Residential Subscriber means any Person who contracts individually for Cable Service to a residence, whether that residence is a single family unit or located in a multiple E dwelling unit. 1.23. Telecommunications, Telecommunications Facilities and Telecommunications - Services have the same meaning as set forth in Ashland Municipal Code Title 16. i g 4 1.24. Upstream means the carrying of a transmission to the Head-end from remote points on the Cable System. i 2. Grant of Franchise. Grant. 2.1 2.1.1, City grants to Grantee in the public interest a nonexclusive and revocable authorization to make lawful use of the Streets and Public Rights of Way within the Franchise Area to construct, operate, maintain, reconstruct, and repair a Cable System for the purpose of providing Cable Services. However, nothing in this agreement prohibits or limits the parties from entering into Y UP - Television Services, October 11, 2010, Page 47 or 83 3 i l' 2 i i other agreements, leases, or contracts regarding Grantee's authorization to make lawful use of the Streets and Public Rights of Way provided that such other agreements specifically states whether this franchise agreement controls in the event of a conflict between the language in the documents. 2.1.2. This agreement is intended to convey limited rights and interests only as to those Streets and Public Rights of Way, in which the City has an actual interest. It is not a warranty i of title or interest in any right-of-way, it does not provide the Grantee any interest in any particular location within the right-of-way, and it does not confer rights other than as expressly provided in this agreement. This agreement does not deprive the City of any powers, rights, or privileges it now has, or may acquire in the future, to use, perform work on, or regulate the use and control of the City's Streets covered by this agreement, including without limitation, the right to perform work on its roadways, rights-of-way, or appurtenant drainage facilities, including constructing, altering, paving, widening, grading, or excavating. j 2.1.3, This agreement authorizes Grantee to engage in providing Cable Service, as that term is defined in 47 U.S.C. Sec. 522(6) as amended. This agreement shall not be interpreted to prevent the City from imposing lawful additional conditions, including additional compensation e conditions for use of the rights-of-way should Grantee provide service other than Cable Service so long as similar conditions are also imposed on other similarly situated rights-of-way users. Nothing in this agreement shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provisions of applicable law. j 2.9.4. Grantee promises and guarantees as a condition of exercising the privileges granted by this agreement, that any joint venture or partner of the Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation , of the Cable System in the Franchise Area, will also comply with the terms and conditions of this agreement. 2.2. Use of Public Streets and Ways. Subject to City's supervision and control, Grantee , may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public Streets, including rights-of-way and public utility easements within the Franchise Area, such wires, cables, conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation ; of a Cable System for the provision of Cable Service within the Franchise Area. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures now in effect or enacted in the future, and must obtain any and all necessary permits from the appropriate j ' - agencies of City prior to commencing any construction activities. Grantee, through this agreement, is granted extensive and valuable rights to operate its Cable System for profit using City's public rights-of-way and public utility easements within the Franchise Area in compliance with all applicable City construction codes and procedures. As trustee for the public, City is entitled to fair compensation to be paid for these valuable rights throughout the term of this agreement. 2.3. Duration. The term of this agreement and all rights, privileges, obligations, and h restrictions pertaining to this agreement shall be from the effective date of this agreement through June 30, 2014, unless extended or terminated sooner as provided below. 2.4. Effective Date. The effective date of this agreement shall be July 1, 20##, unless Grantee falls to file an unconditional written acceptance of this agreement and post any required bond or deposit within 45 days from Grantee's written acceptance of this agreement. In either event, this agreement shall be null and void, and any and all rights of Grantee to own or operate a Cable System within the Franchise Area under this agreement shall be of no force or effect. 2.5. Franchise Nonexclusive. This agreement shall be nonexclusive, and is subject to all prior rights, interests, agreements, permits, easements or licenses granted by City to any Person to use any street, right-of-way, easements not otherwise restricted, or property for any purpose whatsoever, including the'right of City to use same for any purpose it deems fit, including the same RFP --Television Services, October 11, 2010, Page 48 or 83 a E u t or similar purposes allowed Grantee. City may, at any time, grant authorization to use the public rights-of-way for any purpose not incompatible with Grantee's authority under this agreement, and ~ for such additional Franchises for Cable Systems as City deems appropriate, upon substantially I equivalent terms and conditions to those contained in this agreement as City deems appropriate. 1 2.6. Grant of Other Franchises. z 2.6.1. In the event the City enters into a franchise or other agreement of any kind with any other Person or entity other than the Grantee to enter into the City's public ways for the purpose of constructing or operating a Cable System, or providing cable Service to any part of the Service Area in which the Grantee is actually providing Cable Service under the terms and E conditions of this agreement, or is required to extend Cable Service under the provisions of section q 11.2 and 11.3 the material provisions of such other franchise or agreement shall be reasonably i comparable to those contained in this agreement, in order that one operator not be granted an 4 unfair competitive advantage over another. i 2.6.2. If City grants a Franchise to a third party for service to an area that Grantee is i not actually serving or required to extend service to, and which has material provisions that are not reasonably comparable to those contained in this agreement, City shall offer Grantee a franchise to serve the same area under terms and conditions that are reasonably comparable to those set forth in the franchise agreement entered into with the third party. 2.7. Police Powers. Grantee's rights under this agreement are subject to the lawful police powers of City to adopt and enforce ordinances necessary to the safety, health, and welfare of he general public and Grantee agrees to comply with all applicable laws and ordinances enacted, or enacted in the future, by City or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter of the enactment. Nothing in this agreement shall be deemed to waive the requirements of the other codes and ordinances of general applicability enacted, or which may be enacted in the future, by City. 2.8. Relations to Other Provisions of Law. This agreement and all rights and privileges granted under it are subject to, and the Grantee must exercise all rights in accordance with, applicable law as amended over the Franchise term. This agreement is a contract, subject to the City's exercise of its police and other regulatory powers and such applicable law. This agreement does not confer rights or immunities upon the Grantee other than as expressly provided in the agreement. In cases of conflict between this agreement and any ordinance of general application enacted pursuant to the City's police power, the ordinance shall govern. Nothing in this agreement, however, shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provision of applicable law. The Franchise issued and the Franchise fee paid are not in lieu of any other required permit, authorization, fee, charge, or tax, unless expressly stated in this agreement. 2.8.1. Without limiting the foregoing, by way of example and not limitation, this agreement shall not include or be a substitute for: 2.8.1.1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City. 2.8.1.2. Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; or 2.8.1.3. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Agreement including, without limitation, permits and agreements for placing devices on or in poles, conduits, other RFP -Television Services, October 11, 2010, Page 49 or 83 i r structures, or railroad easements, whether owned by the City or a private entity. I i 2.8.2. This agreement does not authorize Grantee to provide Telecommunications Services, or to construct, operate or maintain Telecommunications Facilities. This Agreement is not a bar to imposition of any conditions on Grantee with respect to Telecommunications, whether- similar, different or the same as conditions specified herein. This Agreement does not relieve t Grantee of its obligations to obtain an authorization to provide Telecommunications Services, or to construct, operate or maintain Telecommunications Facilities, or relieve Grantee of its obligation to i 1 comply with any such authorizations. 2.9. Effect of Acceptance. By accepting the agreement the Grantee; (1) acknowledges and accepts the City's legal right to issue and enforce the agreement; (2) agrees that it will no i oppose the City's intervening or other participation in any proceeding affecting the Cable System; (3) accepts and agrees to comply with each and every provision of this agreement; and (4) agrees that the agreement was granted pursuant to processes and procedures consistent with applicable I i law, and that it will not raise any claim to the contrary. , 2.10. Non-Discriminatory Access to Internet Access System. Grantee shall provide non-discriminatory access to the Grantee's Internet Access System for internet service providers, whether or not such providers are affiliated with Grantee. Grantee may limit such access only in terms of requiring such providers to utilize the network and technological standards developed by Grantee. 3. FRANCHISE FEE AND FINANCIAL CONTROLS. 3.1. Franchise Fees. As compensation for the benefits and privileges granted under this agreement, and in consideration of permission to use City's Streets, Grantee shall pay as a Franchise fee to City, throughout the duration of this agreement, an amount equal to five percent of Grantee's Gross Revenues including the franchise fee itself, derived from the operation of the Cable System to provide Cable Service in the Franchise Area. Accrual of such Franchise fees shall commence as of the effective date of this agreement. The Franchise fees are in addition to all other 1 fees, assessments, taxes, or payments of general applicability that the Grantee may be required to pay under any federal, state, or local law to the extent not inconsistent with applicable law. This agreement and the Franchise fees are not in lieu of any other generally applicable required permit, authorization, fee, charge, or tax. In the event any law or valid rule or regulation applicable to this franchise limits franchise fees below the five percent of gross revenues, the Grantee agrees to and shall pay the maximum permissible amount and, 'if such law or valid rule or regulation is later repealed or amended to allow a higher permissible amount, then the Grantee shall pay the higher amount up to the maximum allowable by law, not to exceed five percent during all affected time periods. 3.2. Payments. Grantee's Franchise fee payments to City shall be computed quarterly. Each quarterly payment shall be due and made available to City no later than 30 days after the last day of the preceding quarter. 3.3. Acceptance of Payment and Re-computation. No acceptance of any payment shall be construed as an accord by City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim City may have for further or additional sums payable or for the performance of any other obligation of Grantee. 3.4. Quarterly Franchise Fee Reports. Each payment shall be accompanied by a written report to City containing an accurate statement in summarized form, as well as in detail, and in a form approved by City, of Grantee's Gross Revenues and the computation of the payment amount. 3.5. Annual Franchise Fee Reports. Grantee shall, no later than 180 days after the end of UP -Television Services, October 11, 2010, Page 50 or 83 S F i c F~ 1 each calendar year, furnish to City a statement (Audited Gross Receipts Report) stating the total amount of Gross Revenues and all payments, deductions, and computations for the period covered by the payments. 3.6. Audits/reviews. On an annual basis, no more frequently than every 12 months, upon 30 days prior written notice, City shall have the right to conduct an independent audit or review of y Grantee's records reasonably related to the administration or enforcement of this agreement, in accordance with generally accepted accounting principles. For purposes of this section, records i' reasonably related to the administration and enforcement of this agreement include those financial records pertaining to the number and location of cable customers within City's Urban Growth Boundary. The City may hire an independent certified public accountant to audit or review the Grantee's financial records, in which case the Grantee shall provide all necessary records to the certified public accountant. All such records shall be made available in the local offices of the Grantee. If the audit or review shows that Franchise fees have been underpaid by 2% or more, E Grantee shall reimburse to City the total cost of the audit or review and the underpayment plus interest, at the rate specified in section 3.7 within 30 days of the City's written demand for same. Records for audit/review purposes shall include without limitation: 3.6.1. Source documents, which demonstrate the original or beginning amount, and k the final amount shown on any report related to or included in the determination of franchise fees, 6 revenues or expenses. 3.6.2. Source documents that completely explain any and all calculations related to any allocation of any amounts involving franchise fees, revenues, or expenses. f 3.6.3. Any and all accounting schedules, statements, and any other form of representation, which relate to, account for, or support or correlate to any accounts involving franchise fees, revenues or expenses. i = 3.7. Interest on Late Payments. In the event that a franchise fee payment or other sum is not received by the City on or before the due date, or is underpaid, the Grantee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the legal interest rate on judgments in the State of Oregon. 3.8. Additional Commitments Not Franchise Fees. No term or condition in this agreement shall in any way modify or affect Grantee's obligation to pay Franchise fees to City. Although the total sum of Franchise fee payments and additional commitments set forth elsewhere in this agreement may total more than 5% of Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional commitments are not Franchise fees as defined under any federal law, to the extent not'inconsistent with applicable federal law, nor are they to be offset or credited against any Franchise fee payments due to City. 3.9. Costs of Publication. Grantee shall pay the reasonable cost of newspaper notices and publication pertaining to this agreement, and any amendments, including changes in control or transfers of ownership, as such notice or publication is reasonably required by City or applicable law. 3.10. Tax Liability. Payment of the Franchise fees under this agreement shall not exempt Grantee from the payment of any generally applicable license, permit fee or other generally applicable fee, tax or charge on the business, occupation, property or income of Grantee that may be imposed by City. 3.11. Payment on Termination. If this agreement terminates for any reason, the Grantee shall file with the City within 90 calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. The City reserves the right to satisfy any R'P -Television Services, October It, 2010, Page 51 or 83 f f_ - i remainingfinancial obligations of the Grantee to the City by utilizing the funds available in a Letter of Credit or other security provided by the Grantee. { 4. ADMINISTRATION AND REGULATION f E S 4.1. Authority. City is vested with the power and right to regulate the exercise of the s privileges permitted by this agreement in the public interest, or to delegate that power and right to f the extent permitted under state and local law, to any agent, in its sole discretion. 1 4.2. Rates and Charges. All of Grantee's rates and charges related to or regarding Cable Service shall be subject to regulation by City to the full extent authorized by applicable federal, state 1 and local laws. 4.3. Rafe Discrimination. All of Grantee's rates and charges shall be published and shall be nondiscriminatory as to all Persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with-governing law, with i similar rates and charges for all Subscribers receiving similar Cable Service, without regard to race, { 3 color, familial, ethnic or national origin, religion, age, sex, sexual orientation, marital, military or economic status, or physical or mental disability, or geographic location in the Franchise Area. Grantee shall provide equivalent Cable Service to all Residential Subscribers at similar rates and to Commercial Subscribers as authorized by applicable laws. Nothing in this section shall be construed to prohibit: 4.3.1. The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; 4.3.2. The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; 4.3.3. Grantee from establishing different and nondiscriminatory rates and charges for commercial customers, as well as different nondiscriminatory monthly rates for commercial customers as allowable by federal law and regulations; or 4.3.4. Grantee from establishing different and nondiscriminatory rates and charges for Residential Subscribers as allowable by federal law and regulations. 4.4 Filing of Rates and Charges. Throughout the term of this agreement, Grantee shall _ maintain on file with City a complete schedule of applicable rates and charges for Cable Service provided under this agreement. Nothing in this.subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns, and rates for multiple dwelling units. Grantee shall provide upon request from City a complete schedule of current rates and charges for any and all Leased Access provided by Grantee. The schedule shall include a description of the price, terms and conditions established by Grantee for Leased Access. 4.5 Time Limits Strictly Construed. Whenever this agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this agreement and sufficient grounds for City to invoke any relevant provision of this agreement. However, in the event that Grantee is prevented,or delayed in the performance of any of its obligations under this agreement by reason of a force majeure occurrence, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), Grantee's performance shall be excused during the force majeure occurrence. After such occurrence Grantee shall promptly perform the affected obligations under this agreement or procure a substitute for performance which is satisfactory to City. Grantee shall not be excused by mere economic hardship nor by RFP -Television Services, October 11, 2010, Page 52 or 83 misfeasance or malfeasance of its directors, officers, employees, or duly authorized agents. Notwithstanding the foregoing, City shall utilize the procedure in section 13 to resolve any material breach committed by Grantee. 5. INDEMNIFICATION. Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City and its officers, boards, commissions, duly authorized agents, and employees I against any and all claims, including, but not limited to, third party claims, suits, causes of action, proceedings, and judgments for damages or equitable relief, to the extent such liability arises out of or through the acts or omissions of the Grantee arising out of the construction, operation or repair of E its Cable System regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this agreement, provided, however, the Grantee will not be obligated to indemnify City should City intervene in any proceeding regarding the grant of this agreement pursuant to section 5.4; however, Grantee's obligation to indemnify City shall continue for all other proceedings in which the City is not an Intervenor. Without limiting in any way the Grantee's obligation to indemnify. the City and its officers, boards, commissions, duly authorized agents, and employees, as set forth r above, this indemnity provision also includes damages and liabilities such as: 5.1. To persons or property, to the extent such liability arises out of or through the acts or i F omissions of the Grantee, its contractors, subcontractors, and their officers, employees, or duly 4 authorized agents, or to which the Grantee's negligence or fault shall in any way contribute; l 5.2. Arising out of any claim for invasion of the right of privacy; for defamation of any Person, firm or corporation; for the violation or infringement of any copyright, trademark, trade' name, service mark, or patent; for a failure by the Grantee to secure consents from the owners or l authorized distributors of programs to be delivered by the Cable System; or for violation of any other right of any Person, to the extent such liability arises out of or through the acts or omissions of i 9 s the Grantee, provided, however, that Grantee will not be required to indemnify City for any claims arising out of use of PEG Access Channels by City or its designee.; 5.3. Arising out of Grantee's failure to comply with the'provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Grantee with respect to any aspect of its business to which this agreement applies, to the extent such liability arises out of or through the 3 acts or omissions of the Grantee; and 5.4. Arising from any third party suit, action, or litigation, whether brought by a competitor to Grantee or by any other Person or entity, to the extent such liability arises out of or through the acts or omissions of the Grantee, whether such Person or entity does or does not have standing to bring such suit, action or litigation if such action (1) challenges the authority of the City to issue this agreement to Grantee; or (2) alleges that, in issuing this agreement to Grantee, the City has acted ' in a disparate or discriminatory manner. ~ 5.5. The City shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity obligation in this section. In the event any such claim arises, the City or any other indemnified party shall tender the defense to the Grantee and the Grantee shall have the obligation. and duty to defend, settle or compromise any claims arising from the claim, and the City shall cooperate fully. Grantee shall accept or decline the tender within 30 days. Grantee shall reimburse reasonable attorney fees and costs incurred by the City during the 30 day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of section 13, the City may defend such claim and seek recovery from Grantee its expenses for reasonable attorney fees and disbursements, including expert witness fees, incurred by. City for defense and in seeking such recovery. 6. CUSTOMER SERVICE. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice to subscribers affected and occur during periods of RFP -Television Services, October 11, 2010, Page 53 or 83 F f i i E S minimum use. t 7. REPORTS AND RECORDS. i s 7.1. Open Records. r 7.1.1. Grantee shall manage all of its operations in accordance with a policy of i keeping its documents and records. directly concerning its gross revenues, including customer identification numbers (e.g. account numbers) and levels of service, open and accessible to City. E City shall have access to, and the right to inspect, any books and records of Grantee. Grantee shall not deny City access to any of Grantee's records on the basis that Grantee's records are under the control of any parent corporation, affiliated entity or a third party. City may, in writing, request copies of any such records or books and Grantee shall provide such copies within ten business days of the transmittal of such request. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within ten business days, that City inspect them at one of Grantee's local area offices. If any books or records of Grantee are not kept in a local office, Grantee will provide or otherwise make such documents available for inspection and review at the local office within ten business days. 7.1,2. Grantee shall at all times maintain and allow City, with reasonable notice, access and the right to review a full and complete set of plans, records and "as built" maps showing the exact location of all Cable System equipment installed or in use in the Franchise Area, exclusive of electronics, Subscriber drops and equipment provided in Subscribers' homes. These maps shall include computer maps and shall be maintained in a standard format and medium specified by the city, in sufficient detail to agreed upon by the City and the Grantee. City's review of the plans, records, and as-built maps, shall occur at the Grantees local office,.or, if the Grantee has r no office within the city, then at a location within the city specified by the City. 7.1.3. The ability for City to obtain records and information from Grantee is critical to i the administration of this agreement Grantee's failure to comply with the requirements of this j section may result in fines as prescribed in section 13.2. 7.2. Confidentiality. Subject to the limits of the Oregon Public Records Law, City agrees to treat as confidential any books and records that constitute proprietary or confidential information under federal or state law, to the extent Grantee makes City aware, whether verbally or in wilting, of such confidentiality. If City believes it must release any such confidential books and records in the course of enforcing this agreement, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. If City receives a demand from any Person for disclosure of any information designated by Grantee as confidential, City shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, City agrees that, to the extent permitted by state and federal law, it shall deny access to any of Grantee's books and records that are deemed to be confidential as set forth above to any Person. 7.3. Copies of Federal and State Documents. Grantee shall submit to City a list, or copies of actual documents, of all pleadings, applications, notifications, communications and documents of any kind, submitted by Grantee or its parent corporations or affiliates to any federal, state or local courts; regulatory agencies or other government bodies if such documents specifically relate to the operations of Grantee's Cable System within the Franchise Area. Grantee shall submit such list or documents to City no later than 30 days after their filing, mailing or publication. Grantee shall not -claim confidential, privileged or proprietary rights to such documents unless under federal, state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or by a federal or state agency. To the extent allowed by law, any such confidential and material determined to be exempt from public disclosure shall be retained in confidence by City an its duly authorized agents and shall not be made available for public inspection. RFP -Television Services, October 11, 2010, Page 54 or 83,. i 7.4. Inspection of Facilities. City may inspect upon request any of Grantee s facilities and y equipment to confirm performance under this agreement at any time upon at least 24 hours notice, or, in case of an emergency, upon demand without prior notice. I - 7.5. False Statements. Any intentional false or misleading statement or representation in a any report required by this agreement may be deemed a material violation of this agreement and may subject Grantee to all remedies, legal or equitable, which are available to City under this agreement or otherwise. 7.6. Report Expense. All reports and records required under this or any other Section shall be furnished, without cost, to City. 8. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS. 8.1. General Definitions. With respect to purposes of this section, the following definitions will apply with respect to PEG use of the Cable System. 8.1.1. "Access Channel" means any Channel, or portion of any Charinel, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. Each Access Channel shall be six MHz and must be capable of transmitting a standard analog video signal. The capacity can be used to transmit non-commercial signals in any format, and can be used to transmit: audio only, video, or other information including, by way of example and not limitation, secondary audio, text, digital information, high- definition signals, and compressed signals.) A nonstandard NTSC use shall be subject to the Grantee's prompt prior review and approval to ensure that the use will not cause unreasonable technical interference with other Channels. Such uses must be in furtherance of PEG uses. _ Additionally, there shall not be commercial use or lease of such PEG capacity without the express written permission of the Grantee. 8.1,2. "Digital Access Channel", as used in this Section, means a Channel carrying PEG continuous full-motion video programming in a digital format. Digital Access Channels shall have the same compression ratio and transmission quality as is used to carry any of the commercial Channels that deliver programming to the City in a similar format for delivery to each Subscriber. i 8.1.3. "Origination Point" means a location, where PEG programming is delivered to the Grantee for Downstream transmission. 8.2. Management and Control of Access Channels. 8.2.1. City or its designee may control and manage the use of any and/or all Access Facilities provided by Grantee under this agreement, including, without limitation, the operation of F Access Channels. The City or its designee shall have sole and exclusive responsibility for operating and managing such Access Facilities. The City or its designee may formulate rules for the operation of the PEG Access Channels, consistent with this agreement; such rules shall not be designed to control the content of Public Access programming. Nothing in this section shall prohibit the City from authorizing itself or others to manage or co-manage PEG Access Channels and facilities. 8.2.2. Grantee shall cooperate with the City or its designee in the use of the Cable System and Access facilities for the provision of PEG Access. Grantee shall enter into such operating agreements with the City or its designee as may be necessary to facilitate and coordinate the provision of PEG Access, provided that such operating agreements shall ll not be inconsistent with the terms of this agreement and shall be subject to approval by the 8.2.3. The Grantee shall cooperate with the City or its designee regarding RFP --Television-Services, October 11, 2010, Page 55 or 83 f allocations of Access resources. 8.2.4. Grantee shall give the City notice of its intent to utilize PEG channels not being used for PEG programming for its own commercial use ninety (90) days before Grantee intends to begin using the PEG channel. Subject to prior written authorization from the City, the Grantee shall have the right to use temporarily any Channel, or portion of any Channel, which is allocated under this section for PEG uses pursuant to section 611(d) of the Cable Act. F d 8.3. Channel Capacity and Use. i 8.3.1. Upon the effective date of this agreement, all Access Channels provided for in this agreement are administered by the City or designee. = i 8.3.2. Upon the effective date of this agreement, the Grantee shall provide five 4 Access Channels for distribution of PEG Access programming on the residential Cable System with provisions for an additional channel for public and government access uses. Such additional channel shall be made available when all channels granted pursuant to this paragraph are used for access purposes with locally produced programming 70% of the available broadcast time. The additional channels required shall be distinct and non-repetitive of the previous programming of channels. A program may be repeated no more than three times for purposes of the trigger i calculation. For purposes of this computation, all time allocated to character generated or similar programming shall be excluded for the determination of when such channel is in use and programmed with public and governmental access programming. 8.3.3. The Grantee shall provide connection of all PEG Access Channels required b this agreement to and from the Grantee's Head-end and the City's, or its designee s, Head-ends as of the effective date of this agreement. Grantee agrees to provide reconnection for the City's, or z its designee's, Head-end if it is relocated within 12 months of the effective date of this agreement, at no charge to City or its designee. 8.3.4. If video programming is delivered in'a digital format or the City requests that PEG Channels be digitized, then, in lieu of the Access Channels provided for in section 8.3.2, there shall be a maximum of 18 PEG continuous, full-motion video programming Digital Channels ("Digital Access Channels"). The City shall determine the number of Digital Access Channels to be activated, not to exceed 18. 8.4. Relocation of Access Channels. Grantee shall provide City with a minimum of 60 days' notice, and use its best efforts to provide 120 days notice, prior to the time PEG Access Channel designations are changed. Grantee shall consult with City prior to making a final An i nments anons ass Y new si n el de Access Channel g determination. regarding any changes in PEG g Channel designations for the PEG Access Channels provided pursuant to this agreement shall be in full compliance with FCC signal quality and proof of performance standards. 8.5. Origination Points. 8.5.1. Additional permanent Origination Points required by the City or its designee shall be provided by Grantee within 90 days following receipt of written notice from City at the. expense of City or its designee. t 8.5.2. By mutual agreement by City and Grantee, upon six weeks written notice in advance of the scheduled cablecast, and provided that an active drop is available at the desired location, Grantee shall provide additional Origination Points on a short term basis for the live > cablecast of Access Programming. The incremental, out-of-pocket costs to Grantee shall be paid E for by City or its designee. Grantee shall not be required to facilitate more than one such Origination Points in any one week period. RFP -Television Services, October 11, 2010, Page 56 or 83 S s 8.5.3. There shall be no charge to the City, nor to any other person for the use of the upstream capacity from the program origination locations described in this section, so long as s the transmissions are designed for rerouting and distribution on any PEG Channels. s 8.6. Access Interconnections. 1 8.6,1. The Grantee shall maintain for the duration of this agreement any and all f z existing Interconnections of Access Channels with contiguous cable systems. E 8.6.2. Grantee shall be capable of interconnection of PEG Access Channels in the Cable System and Cable Systems in Franchise Areas that are geographically adjacent to City, provided that City has secured the written permission for such Interconnection from the regulatory authority for the adjacent Franchise Area. The cost of such Interconnections shall be Grantee's so long as Grantee or Grantee's affiliate owns the adjacent Cable System. If the adjacent Cable System is not owned by Grantee, the cost for interconnection shall be equally shared by the two Cable Systems. a a 4 3.6.3. All Interconnections shall have the capability of transmitting and receiving Y PEG programming. All Interconnections shall be accomplished in a manner that permits the transmission of signals for Access Programming channels to be distributed to subscribers with the same original audio and video quality as provided by the PEG facility. Installation of all interconnect capacity shall be completed at the Grantee's expense, except as otherwise provided in this s agreement. c 8.6.4. The City, or-its designee, shall have the right to control and schedule the operation of all interconnected Access Channels and capacity. In addition, the City, or its designee, shall have the right to use, at its sole discretion and at no cost, any Access Channels and capacity provided under this agreement for non-commercial purposes, in'furtherance of PEG use. However, the requirement to interconnect PEG programming with adjacent Cable Systems of willing franchise authorities shall not result in an increase in the number of PEG Channels beyond the number of Access Channels provided for in section 8.3. 8.6.5. The Grantee shall take all necessary steps to ensure that technically adequate signal quality in compliance with FCC requirements are initially and continuously provided for all Access Interconnections and Origination Points, 8.7. Access Channels on Lowest Available Tier. All Access Channels provided to of Subscribers under this agreement shall be included by the Grantee, without limitation, as a pad the lowest available tier offered by the Grantee on its Cable System. S 8.8. Change in Technology. In the event the Grantee makes any change in the Cable System and related equipment and Facilities or in the Grantee's signal delivery technology, which directly or indirectly substantially affects the signal quality or transmission of Access services or programming, the Grantee shall, at its own expense, take necessary technical steps or provide necessary technical assistance, including the acquisition of all necessary equipment, and full training of the City's or Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. 8.9. Technical Quality. The Grantee shall maintain all Upstream and Downstream Access services, Channels and Interconnections ensuring that Access Programming channels will not be subject to any signal deterioration, and that the signal will be distributed to subscribers with the same original audio and video quality as provided by the PEG facility, and required by all other applicable laws, rules and regulations for Residential Subscriber Channels. The Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including associated cable and equipment in use upon the effective date of this agreement, necessary to carry a quality signal to and from the City's or its designee's facilities. City and Grantee agree that RFP -Television Services, October 11, 2010, Page 57 or 83 r C - i the point of demarcation will be the input RF connection to Grantee's Fiber Optics Laser Transmitter, with Grantee responsible for repair and maintenance from the point of demarcation to Grantee's head-end. 8.10. Promotional Services. The Grantee shall allow the City to include two bill stuffers per year. The City or its designee shall be responsible for the cost of printing its bill staffers, the costs of inserting the information into Grantee's bills, and for any incremental postage costs. Bill stuffers must conform to Grantee's mailing requirements. Grantee shall be provided an opportunity to review and approve all PEG bill staffers. 8.11. Channel Identification. If requested by the City or its designee, at City's or its designee's costs, the Grantee will identify the PEG Channels in its printed and electronic programming guides, by the general type of programming carried on the Channel. Grantee will bill the City or its designee for the costs of these listings. l 9. GENERAL STREET USE AND CONSTRUCTION. 9.1. Construction. 9.1.1. Subject to applicable laws, regulations and ordinances of City and the provisions of this agreement, Grantee may perform all construction necessary for the operation of l its Cable System. All construction and maintenance of any and all facilities within Streets incident to E Grantee's Cable System shall, regardless of who performs the construction, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities within the Streets. l Grantee shalt pay, prior to issuance, all applicable fees of the requisite construction permits. 9.1.2. Prior to beginning any construction, Grantee shall provide City's Department of Public Works with a construction schedule for work in the Streets. All construction shall ee performed in compliance with this agreement and all applicable City Ordinances and Codes, especially AMC-Chapter 16.12 and section 16.12.090. When obtaining a permit, Grantee shall i inquire in writing about other construction currently in progress, planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or boring. Whenever it is possible and reasonably practicable to joint trench- or share bores or cuts, Grantee shall work with other B providers, grantees, permittees and franchisees so as to reduce as far as possible the number of Street cuts. 9.1.3. City shall have the right to inspect ail construction or installation work performed within the franchise area as it shall find necessary to ensure compliance with the terms of this agreement and other pertinent provisions of law. 9.2. Location of Facilities. Within 48 hours after notification of any proposed Street excavation, Grantee shall, at Grantee's expense: 9.2.1. Mark on the surface all of its underground facilities within the area of the proposed excavation; 9.2.2. Notify the excavator of any un-located underground facilities in the area of the x proposed excavation; or i 3 9.2.3. Notify the excavator that Grantee does not have any underground facilities in - 13 the vicinity of the proposed excavation. 9.3. Relocation. City shall have the right to require Grantee to change the location of any part of Grantee's Cable System within the Streets when the public convenience requires such change, and the expense shall be paid by Grantee. Should Grantee fail to remove or relocate any RFP -Television Services, October 11, 2010, Page 58 or 83 E t E 4 such facilities by the date established by City, City may effect such removal or relocation, and the expense shall be paid by Grantee, including all costs and expenses incurred by City due to shall i Grantee's delay. If City requires Grantee to relocate its facilities located within the Streets, City make a reasonable effort to provide Grantee with an alternate location within the Streets. 9.4. Restoration of Streets. 9.4.1. Whenever Grantee disturbs the surface of any Street for any purpose, t Grantee shall promptly restore the Street to at least its prior condition. When any opening is made by Grantee in a hard surface pavement in any Street, Grantee shall refill within 24 hours he opening and restore the surface to a condition satisfactory to City. s I 9.4.2. If Grantee excavates the surface of any Street, Grantee shall be responsible for restoration in accordance with applicable regulations of the jurisdiction within the area affected by the excavation. City may, after providing notice to Grantee, refill or repave any opening made by Grantee in the Street, and the expense shall be paid by Grantee. City may, after providing notice to Grantee, remove or repair any work done -by Grantee that, in the determination of City, is inadequate. The cost, including the costs of inspection and supervision, shall be paid by Grantee. All excavations made by Grantee in the Streets shall be properly safeguarded for the prevention of accidents. All of Grantee's work under this agreement, and this section in particular, shall be done in strict compliance with all rules, regulations and ordinances of City. Prior to making any Street or right-of-way cuts or openings, Grantee shall provide written notice to City. 9.5. Maintenance and Workmanship. and maintained in such manner 9.5.1. Grantee's Cable System shall be constructed as not to interfere with sewers, water pipes, or any other property of City, or with any other pipes, wires, conduits, pedestals, structures, equipment or other facilities that may have been laid in the Streets by, or under, City's authority. 9.5.2. Grantee shall provide and use any equipment necessary to control-and carry Grantee's cable television signals so as to prevent injury to City's property or property belonging to any Person. Grantee, at its own expense, shall repair, change and improve its facilities to keep ! them in good repair, and safe and presentable condition. 9.6. Reservation of City Street Rights. Nothing in this agreement shall prevent City or utilities owned, maintained or operated by public entities other than City, from constructing sewers, grading, paving, repairing or altering any Street; repairing or removing water mains; or constructing ! or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. However, if any of Grantee's Cable System interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's Cable System shall be removed or replaced in the manner City shall direct, and City hall in no event be liable for any damage to any portion of Grantees Cable System. Any and all such removal or replacement shall be at the expense of Grantee. 1 Should Grantee fail to remove, adjust or relocate its facilities by the date established by City's { written notice to Grantee, City may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred by City due to Grantee's delay. 9.7. Street Vacation. if any Street or portion of any Street used by Grantee is vacated by City during the term of this agreement, unless City specifically reserves to Grantee the right to continue its installation in the vacated Street, Grantee shall, without delay or expense to City, remove its facilities from such Street, and restore, repair or reconstruct the Street where such removal has occurred, and place the Street in such condition as may be required by City. In the event of failure, neglect or refusal of Grantee, after 30 days notice by City, to restore, repair or RFP -Television Services, October 11, 2010, Page 59 or 83 F reconstruct such Street, City may do such work or cause it to be done, and the reasonable cost, as found and declared by City, shall be paid by Grantee within 30 days of receipt of an invoice and documentation, and failure to make such payment shall be considered a material violation of this z agreement. t 9.8. Discontinuing Use of Facilities. Whenever Grantee intends to discontinue using any facility within the Streets, Grantee shall submit for City's approval a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that City allow it to remain in place. Notwithstanding Grantee's request that any such facility remain in place, City may require Grantee to remove the facility from the Street or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve r the public interest. City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a reasonable schedule set by City. Until such time as Grantee removes or modifies the facility as directed by City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Street, in the- same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If _ Grantee abandons its facilities, City may choose to use such facilities for any purpose whatsoever including, but not limited to, public, governmental, or educational purposes. 9.9. Hazardous Substances. 9.9.1. Grantee shall comply with all applicable local, state and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Cable System in the Streets. 9.9.2, Grantee shall maintain and inspect its Cable System located in the Streets. Upon reasonable notice to Grantee, City may inspect Grantee's facilities in the Streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this agreement,- Grantee shall also remove all residue of hazardous substances. 9.10. Undergrounding of Cable. 9.10.1. Wiring. A. Where all utility lines are installed underground at the time of Cable ' System construction, or when such lines are subsequently placed underground, all Cable System lines or wiring and equipment shall also be placed underground on a nondiscriminatory basis with other utility lines services at no additional expense to the City or Subscribers, to the extent permitted by law and applicable safety codes. Cable must be installed underground where: (1) all existing utilities are placed underground, (2) statute, ordinance, policy, or other regulation requires utilities to be placed' underground, or (3) all overhead utility lines are placed underground. Related Cable System equipment such as pedestals must be placed in accordance with applicable Code requirements and underground utility rules as interpreted by each City's appropriate public works official. In areas where electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the reasonable additional cost in excess of aerial installation. ; B. The Grantee shall utilize existing poles and conduit wherever possible. C. This agreement does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person without their permission. Copies of agreements for use of poles, conduits or other RFP --Television Services, October 11, 2010, Page 60 or 83 F i f f E t l i utility facilities must be provided upon request by the City upon demonstrated need and subject to i protecting Grantee's proprietary information from disclosure to third parties. 9.10.2. Repair and Restoration of Property. 6 A. Grantee shall protect public and private property from damage. If damage occurs the Grantee shall promptly notify the property owner within 24 hours in writing. B. If public or private property is disturbed or damaged the Grantee shall restore the property to its former condition, normal wear and tear excepted.. Public right-of-way or other City property shall be restored, in a manner and within a timeframe approved by the City's Director of Public Works or other appropriate designated official. If restoration of public right-of-way I or other property of the City is not satisfactorily performed within a reasonable time, the Director of Public Works or other appropriate designated official may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. If suit is brought upon Grantees failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the City, then the Grantee shall pay all of the City's actual costs and expenses resulting from the non-payment, including penalties, interest from the date the bill was presented, disbursements, attorneys' fees and litigation-related costs. Private property must be restored promptly, considering the nature of the work that must be performed and in no event later than 72 hours. C. Prior to entering onto private property to construct, operate or repair its Cable System in a manner in which it is assumed that temporary property damage will occur or the work will be of a duration exceeding four hours, Grantee shall give the Person residing on or using the property adequate written notice (such as a door hanger which clearly identifies the anticipated construction) that it intends to work on the property, a description of the work it intends to perform 3 and a name and phone number the Person can call to protest or seek modification of the work. 311 Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users. Such notification is not required when Grantee is performing connection, disconnection and/or repair of its drop system or in times of emergency restorations of its plant. 9.10.3. Movement of Cable System For and By City. The City may remove, replace, modify or disconnect Grantee's facilities and equipment located in the public right-of-way or on any other property of the City in the case of fire, disaster, or other emergency, or when a project or activity of the City's makes the removal, replacement, modification or disconnection necessary or less expensive for the City. Except during an emergency, the City shall provide reasonable notice to Grantee prior to taking such action and shall, when feasible, provide Grantee with the opportunity to perform such-action, Reasonable notice to Grantee includes notice by telephone. Following notice by the City, Grantee shall remove, replace, modify or disconnect any of its facilities or equipment within any public right-of-way, or on any other property of the City, except that the City shall provide at least 60 days' written notice of any major capital improvement project which would require the removal, replacement, modification or disconnection of Grantee's facilities or equipment. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee. Within 30 days of receipt of an itemized list of those costs, the Grantee shall pay the City. 9.10.4. Movement for Other Franchise Holders. If any removal, replacement, modification or disconnection is required to accommodate the construction, operation or repair of the facilities or equipment of another Franchise holder, Grantee shall, after at least 30 days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Those Persons shall determine how costs associated with the removal or relocation shall be RFP -Television Services, October 11, 2010, Page 61 or 83 f allocated. 9j o.5. Movement for Other Permittees, At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The permit holder must pay the expense of such temporary changes, and Grantee may require a reasonable deposit of the estimated payment in advance, i Z 9,10,6. Tree Trimming. Subject to acquiring prior written permission of the City, the Grantee shall have the authority to trim trees that overhang a public right-of-way of the City so as to prevent the branches of such trees from coming in contact with its Cable System, in accordance i with applicable codes and regulations and current, accepted professional tree trimming practices. 9.11. Codes, Grantee shall strictly adhere to all building and zoning codes currently in effect F or in effect in the future. Grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to not cause unreasonable interference with the 6 use of said public or private property by any Person. In the event of such interference, City may require the removal or relocation of Grantee's lines, cables, and other appurtenances, at Grantee's cost, from the property in question. 9.12. Standards. F 9.12.1. All work authorized and required shall be done in a safe thorough and worker-like manner. The Grantee must comply with all safety requirements, rules, and practices and employ all necessary devices as required by applicable law during construction, operation and , repair of its Cable System. By way of illustration and not limitation, the Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. f 9.12.2. Grantee shall ensure that individual Cable System drops are properly bonded to the electrical power ground at the home, and are consistent, in all respects, with the ; requirements of the National Electric Code and the National Electrical Safety Qode. 10. TEST AND COMPLIANCE PROCEDURES. Upon request, Grantee shall advise City of schedules and methods for testing the Cable System on a regular basis to determine compliance with the provisions of applicable FCC technical standards. Representatives of City may witness tests, and written test reports may be made available to City upon request. As required by FCC Rules, Grantee shall conduct proof of performance tests and cumulative leakage index tests designed to demonstrate compliance with FCC requirements. In addition, an annual Fly Over signal leakage test will be performed as specified according to 47 CFR 76.601 regarding Technical Standards Performance Tests. Grantee shall provide City summary written reports of the results of such tests. 11. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION 11.1. Equivalent Service. It is Grantee's general policy that ail residential dwelling units in the Franchise Area have equivalent availability to Cable Service from Grantee's Cable System under nondiscriminatory rates and reasonable terms and conditions. Grantee shall not arbitrarily refuse to provide Cable Service to any Person within its Franchise Area. I 11.2. Service Availability. 11.2.1. Grantee shall provide Cable Service in new subdivisions upon the earlier of either of the following occurrences: (A) Within 60'days of the time when foundations. have been installed in 50% percent of the dwelling units in any individual subdivision; or (B) Within 30 days RFP -Television Services, October 11, 2010, Page 62 or 83 i E s t i following request from a resident. For purposes of this section, a receipt shall be deemed to be g a made on the signing of a service agreement, receipt of funds by the Grantee, receipt of a written 4 request by Grantee, or receipt by Grantee of a verified verbal request. Grantee shall provide such service: (i) With no line extension charge except as specifically authorized elsewhere in this agreement; (ii) At a nondiscriminatory installation charge for a standard installation, consisting of a drop no longer than 25 feet, with additional € charges for non-standard installations computed according to a nondiscriminatory l methodology for such installations, adopted by Grantee and provided in writing to City; and at nondiscriminatory monthly rates for Residential Subscribers. 1 .3. Required Extensions of Service. Whenever the Grantee shall receive a request for service from at least ten residences within 1320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its Cable System to such Customers at no cost to the Customers for Cable System extension, other than the usual connection fees for all Customers within 90 days, provided that such extension is technically feasible, and if it will not adversely affect E the operation, of the Cable System, or as provided under section 2.6. 11.3.1. No Customer shall be refused service arbitrarily. However, for unusual ~ circumstances, such as a Customer's request to locate a cable drop underground, existence of more than 125 feet of distance from distribution cable to connection of service to Customers, or a density of less than ten residences per 1320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements, For the purpose of determining the amount of capital 3 contribution in aid of construction to be borne by the Grantee and Customers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and a other costs per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1320 cable-bearing strand feet of its trunks or distribution cable and whose denominator equals ten residences. Customers who request such service will bear the remainder of 5 the construction and other costs on a pro rata basis. The Grantee may require that the payment of u the capital contribution in aid of construction borne by such potential Customers be paid in advance. i 11.3.2. Failure to meet these standards shall subject grantee to enforcement actions on a per Subscriber basis in section 13. 11.3.3. Connection of Public Facilities. Grantee shall, at no cost to City, provide. one outlet of Basic and expanded basic programming to City' public use buildings, as designated by City, and all libraries and Schools. In addition, Grantee agrees to provide, at no cost, one outlet of Basic and expanded basic programming to all such future public buildings if the drop line to such building does not exceed 125 cable feet or if City agrees to pay the incremental cost of such drop line in excess of 125 feet, including the cost of such excess labor and materials. Outlets of Basic and expanded basic programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings, provided such distribution can- be accomplished without causing Cable System disruption and general technical standards are maintained. Cast for any additional outlets shall be the responsibility of City. 12. STANDBY POWER. Grantee shall provide standby power generating capacity at the Cable System Head-end capable of providing at least 12 hours of emergency operation. Grantee shall maintain standby power system supplies, to the node, rated for at least two hours duration. In addition, throughout the term of this agreement, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with outages of more than two hours. This outage plan and evidence of requisite implementation resources shall be presented to City no later than 90 days following the effective date of this agreement. 13. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE. RFP -Television Services, October 11, 2010, Page 63 or 83 13.1. Procedure For Remedying Franchise Violations. 13.1.1. If City believes that Grantee has failed to perform any obligation under this agreement or has failed to perform in a timely manner, City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation, i 13.1.2. The City must provide written notice of a violation. Upon receipt of notice, the Grantee will have a period of 30 days to cure the violation or 30 days to present to the City a I reasonable remedial plan. The City shall, with Grantee's consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in the event that either a cure has not occurred within 30 days or the City rejects the remedial plan. The procedures provided in section 13 shall be utilized to impose any fines. The date of violation will be l the date of the event and not the date Grantee receives notice of the violation provided, however, that if City has actual knowledge of the violation and fails to give the Grantee the notice, then the date of the violation shall be no earlier than ten business days before the City gives Grantee the notice of the violation. Grantee shall have 30 calendar days from the date of receipt of such notice to: 13.1.2.1. Respond to City, contesting City's assertion that a violation has occurred, and requesting a hearing in accordance with subsection 13.1.5, or 13.1,2.2. Cure the violation, or; i 13.1.2.3. Notify City that Grantee cannot cure the violation within the thirty (30) days, and notify the City in writing of what steps the Grantee shall take to cure the violation ` including the Grantees projected completion date for such cure In such case City shall set a hearing date within 30 days of receipt of such response in accordance with section 13.1.3. 13.1.3. In the event that the Grantee notifies the City that it cannot cure the violation within the 30 day cure period, City shall, within thirty 30 days of City's receipt of such notice, set a hearing. At the hearing, City shall review and determine whether the Grantee has taken reasonable steps to cure the violation and whether the Grantees proposed plan and completion date for cure are reasonable. In the event such plan and completion date are determined by mutual consent to be reasonable, the same may be approved by the City, who may waive all or part of the fines for such extended cure period in accordance with the criteria set forth in section 13.1.7. 13.1.4. In the event that the Grantee fails to cure the violation within the 30 day basic cure period, or within an extended cure period approved by the City pursuant to section 13.1.3, t City shall set a hearing to determine what fines, if any, shall be applied. 13.1.5. In the event that the Grantee contests the City's assertion that a violation has occurred and requests a hearing in accordance with section 13.1.2.1., the City. shall set a hearing within 60 days of the City's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what fines shall be applied. 13.1.6. In the case of any hearing pursuant to this section, City shall notify Grantee of the hearing in writing and at the hearing, Grantee shall be provided an opportunity to be heard, examine City's witnesses, and to present evidence in its defense. The City may also hear any other person interested in the subject, and may provide additional hearing procedures as City deems ; appropriate. 13.1.7. The fines set forth in section 13.2 may be reduced at the discretion of the City, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: RFP - Television Services, October 11, 2010, Page 64 or 83 I a ,F i (A) Whether the violation was unintentional; b (B) The nature of the harm which resulted; (C) Whether there is a history of prior violations of the same or other requirements; 3 t D Whether there is a history of overall compliance, or; F (E) Whether the violation was voluntarily disclosed, admitted or cured. f 13.1.8. if, after the hearing, City determines that a violation exists, City may use one or more of the following remedies: (A) Order Grantee to correct or remedy the violation within a reasonable time frame as City shall determine; (B) Establish the amount of fine set forth in section 13.2, taking into consideration the criteria provided for in section 13.1.7 of this section as appropriate in City's discretion; or (C) Revoke this agreement, (D) Pursue any other legal or equitable remedy available under this agreement or any applicable law. P 13.2. Fines. 13.2.1. Failure to comply with provisions of the agreement may result in Injury to City. It wilt be difficult to accurately estimate the extent of such injury. Therefore, the financial penalty provisions of this agreement are intended as a reasonable forecast of compensation to City for the harm caused by violation of this agreement, including but not limited to administrative expense, legal fees, publication of notices, and holding of a hearing or hearings as provided in this agreement. The fine for violating any provision of this agreement shall be $250 per day for every day the violation continues with a cap of $10,000. 13.2.2. Collection of Fines. The collection of fines by the City shall in no respect affect: (A) Compensation owed to Subscribers; or l (B) The Grantee's obligation to comply with all of the provisions of this agreement or applicable law; or (C) Other remedies available to the City. I 13.3. Revocation. In addition to all other rights and powers retained by the City under this agreement or otherwise, the City reserves the right to forfeit and terminate this agreement and all rights and privileges of the Grantee, in whole or in part, in the event of a material violation of its terms and conditions. A material violation by the Grantee shall include, but shall not be limited to the following: 93.3.1. Violation of any material provision of this agreement or any other agreement between City and Grantee, or any material rule, order, regulation, standard or determination of the City or authorized agent made pursuant to this agreement or other agreement; RFP -Television Services, October 11, 2010, Page 65 or 83 l 13.3.2. Attempt to evade any material provision of this agreement or to practice any fraud or deceit upon the City or its Subscribers or customers; 13.3.3. Failure to restore service after 48' consecutive hours of interrupted service system-wide, except when approval of such interruption is obtained from the City; 13.3.4. Material misrepresentation of fact in the application for or negotiation of this agreement, or 13.4. Relationship of Remedies. ' 13.4.1. Remedies are Non-exclusive. The remedies provided for in this agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of l another remedy, or the exercise of any rights of the City at law or equity provided that the for cumulative remedies may not be disproportionate to the magnitude and severity for the breach which they are imposed. By way of example and not limitation, the collection of fines by City shall in no respect affect: f _ . L` (A) Compensation owed to subscribers; or r (B) Grantee's obligation to comply with the provisions of this agreement or applicable law. 13.4.2. No Election of Remedies. Without limitation, the recovery of amounts under the insurance, indemnity or penalty provisions of this agreement shall not be construed as any of the following: an election of remedies; a limit on the liability of Grantee under the agreement for fines or otherwise; or an excuse of faithful performance by Grantee. 13.5. Removal. 13.5.1. In the event of termination, expiration or revocation of this agreement, City may order the removal of the above-ground Cable System facilities and such underground facilities as reqwired by City in order to achieve reasonable engineering or Street-use purposes, from the = Franchise Area at Grantee's sole expense within a reasonable period of time as determined by City. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any 3 excavation that is made by it and shall leave all Streets, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment. 13.5.2. If Grantee fails to complete any required removal to the satisfaction of City, City may cause the work to be done and Grantee shall reimburse City for the reasonable costs incurred within 30 days after receipt of an itemized list of the costs. 13.6. No Recourse Against City. Grantee shall not have any monetary recourse against city or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this agreement or its enforcement, in I accordance with the provisions of applicable federal, state and local law. The rights of the City under this agreement are in addition to, and shall not be read to limit, any rights or immunities the City may enjoy under federal, state or local law. 13.7. Non-enforcement by City. Grantee is not relieved of its obligation to comply with any of the provisions of this agreement by reason of any failure of City to enforce prompt compliannce City's forbearance or failure to enforce any provision of this agreement shall not serve as a basis to stop any subsequent enforcement. The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this agreement or any applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Any waiver of a violation is not a waiver of any RFP -Television Services, October 11, 2010, Page 66 or 83 i E F other violation, whether similar or different from that waived. 14. ABANDONMENT 14.1. Effect of Abandonment. If the Grantee abandons its System during the agreement term, or fails to operate its Cable System in accordance with its duty to provide continuous service, the City, at its option, may operate the Cable System; designate another entity to operate the Cable E System temporarily until the Grantee restores service under conditions acceptable to the City or until the agreement is revoked and a new Franchise is selected by the City; or obtain an injunction requiring the Grantee to continue operations. If the City is required to operate or designate another entity to operate-the Cable System, the Grantee shall reimburse the City or its designee for all reasonable costs, expenses and damages incurred, 14.2. What Constitutes Abandonment. The City shall be entitled to exercise its options and obtain any required injunctive relief if: 14.2.1. The Grantee fails to provide Cable Service in accordance with this agreement Area for 96 consecutive hours unless the City authorizes a longer interruption of to the Franchise service, except if such failure to provide service is due to a force majeure occurrence, as described in section 4.5; or 14.2.2. The Grantee, for any period, willfully and without cause refuses to provide Cable Service in accordance with this agreement. 15. FRANCHISE RENEWAL AND TRANSFER. 15.1. Renewal. 1 15.1.1. Any proceedings undertaken by the City that relate to the renewal of Grantee's agreement shall be governed by and comply with the provisions of the Cable Act (47 USC §546), unless the procedures and substantive protections there set forth shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law. 15.1.2. Notwithstanding anything to the contrary set forth in this agreement, City and Grantee agree that at any time during the term of the then current agreement, while affording the public adequate notice and opportunity for comment, City and Grantee may agree to undertake and i a finalize negotiations regarding renewal of the then current agreement and the City may grant a renewal. Grantee and City consider the terms set forth in this section to be consistent with the express provisions of the Cable Act. 15.2. Transfer of Ownership or Control. ` a 15.2.1. The Cable System and this agreement shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, nor shall the title, either legal or equitable, or any right, i~ interest, or property pass to or vest in any Person or entity, without the prior written consent of the City, which consent shall not be unreasonably withheld. Grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign the Cable System or this agreement, 15.2.2. The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used is this section is not limited to majority stockholders but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise on the acquisition or accumulation by any Person or group of Persons of 10% of the shares or RFP -Television Services, October 11, 2010, Page 67 or 83 k_ i r the general partnership interest in the Grantee, except that this sentence shall not apply in the case ~ of a transfer to any Person or group already owning at least a 10% interest of the shares or the general partnership interest in the Grantee. Every change, transfer or acquisition of control of the Grantee shall make this agreement subject to cancellation unless and until the City shall have consented. 15.2.3. The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. 15.2.4. The City shall render a final written decision on the request within 120 days of the request, provided it has received all requested information. Subject to the foregoing, if the City fails to render a final decision on the request within 120 days, such request shall be deemed granted unles&the requesting party and the City agree to an extension of time. 15.2.5. Within 30 days of any, transfer or sale, if approved or deemed granted by the i City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee. i E 15.2.6. In reviewing a request for sale or transfer, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City-may condition said sale or transfer upon such terms and conditions as it deems reasonably appropriate, provided, however, any such terms and t conditions so attached shall be related to the legal technical and financial qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this agreement by Grantee. 15.2.7, The consent or approval of the City to any transfer by the Grantee shall not E constitute a waiver or release of any rights of the City, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this agreement. 15.2.5. Notwithstanding anything to the contrary in this section, the prior approval of the City shall not be required for any sale, assignment or transfer of the agreement or Cable 3 System for cable television system usage to an entity controlling, controlled by or under the same common control as Grantee provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in writing to comply with all provisions of the agreement. 16. MISCELLANEOUS PROVISIONS. ,I 16.1. Alternative Remedies. If any section, subsection, paragraph, term, or provision of E ' this Franchise agreement or any ordinance, law, or document incorporated by reference is determined to be illegal, invalid, unenforceable or unconstitutional by a court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction determination shall be confined in its operation to the section, subsection, paragraph, term, or provision directly involved in the controversy in which such determination shall have been rendered, and shall not in any way I affect the validity of any other section, subsection, paragraph term, or provision. Under such a i circumstance the Grantee shall, upon the City's request, meet and confer with the City to consider I amendments to the Franchise agreement. The purpose of the amendments shall be to place the parties, as nearly as possible, in the position that they were in prior to such determination, consistent with applicable law. In the event the parties are unable to agree to a modification of this agreement within 60 days either party may (1) seek appropriate legal remedies to amend the agreement, or (2) shorten the agreement to 36 months, at which point either party may invoke the renewal procedures under 47 U.S.C. Subsection 546. Each party agrees to participate in up to 16 hours of negotiation during the 60 day period. RFP -Television Services, October 11, 2010, Page 69 or 83 E I 16.x. Preferential or Discriminatory Practices Prohibited. Grantee shall not discriminate in hiring, employment or promotion on the basis of race, color, creed, ethnic or national origin, religion, age, sex, sexual orientation, marital status, or physical or mental disability. Throughout the , term of this agreement, Grantee shall fully comply with all equal employment or nondiscrimination provisions and requirements of federal, state and local law and, in particular, FCC rules and i b regulations. E 16.3. Dispute Resolution. Should a dispute arise between the parties concerning any aspect of this agreement which is not resolved by mutual agreement of the parties, and unless either party believes in good faith that injunctive relief is warranted, the dispute will be submitted to F. 4 mediated negotiation prior to any party commencing litigation. In such event, the City and Grantee t agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties, In the absence of such mutual agreement, each party shall select a temporary mediator, and those mediators shall jointly select a permanent mediator. E If the parties are unable to successfully conclude the mediation within 45 days from the date of the selection of the mediator, either party may terminate further mediation by sending written notice to the other. After written notice has been received by the other party, either party may = pursue whatever legal remedies exist. All costs associated with mediation shall be borne equally t and separately, by the parties. 16.4. Notices. Throughout the term of the agreement, Grantee shall maintain and file with City a designated legal or local address for the service of notices by mail. A copy of all notices from City to Grantee shall be sent, postage prepaid, to such address and such notices shall be effective upon the date of mailing. At the effective date of this agreement, such addresses shall be: [SUCCESSFUL PROPOSER] [SUCCESSFUL PROPOSER ADDRESS] Ashland, Oregon 97520 All notices to be sent by Grantee to City under this agreement shall be sent, postage prepaid, and such notices shall be effective upon the date of mailing. At the effective date of this agreement, such address shall be: City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520 Either party may with 30 days prior written notice to the other party, change the address(es) to which notice shall be sent pursuant to this section 17.3. 16.5. Binding Effect. This agreement shall be binding upon the parties, their successors and assigns. 16.6. Authority to Amend. This agreement may be amended at any time by written agreement between the parties. 16.7. Governing Law. This agreement shall be governed in all respects by the laws of the State of Oregon. 16.8. Captions. The captions and headings of this agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of any provisions of this agreement. 16.9. Entire Agreement. This agreement contains the entire agreement between the RFP - Television Services, October 11, 2010, Page 69 or 83 i parties, supersedes all prior agreements or proposals except as specifically set forth in this f agreement, and cannot be changed orally but only by an instrument in writing executed by the parties. 16.10 Construction of Agreement. The provisions of this agreement shall be liberally construed to promote the public interest. Agreed to this day of , 20[##]. ~ z By: [SUCCESSFUL PROPOSER] By., City of Ashland Title: Mayor Attest: City Recorder E Reviewed as to Content By: i Richard Appicello, City Attorney Rob Lloyd, CID/Director of IT i ! k' n f i tt Egg l4, ~ E S ' f i pd~ [f€ F F 3 C ! ! 4 RFP --Television Services, October 11, 2010, Page 70 or 83 z EXHIBIT J-Base Lease Agreement and Contract ~ TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT BETWEEN CITY OF ASHLAND, OREGON AND [SUCCESSFUL PROPOSER] F C5 k D i TELEVISION HEAD-END SYSTEM LEASE AGREEMENT AND CONTRACT ("Agreement") entered this day of , 200, between the City of Ashland, Oregon, ("City) by and through its Ashland Fiber Network division ("AFN"), and [Successful Proposer], a [State Corporation], e hereinafter referred to as "[Proposer Abbreviation]". WHEREAS, on November 200, the AFN issued a request for proposals ("RFP," attached hereto as Exhibit A) for the lease of the television head-end (as defined below) and the provision of cable television services over the television head-end, which was then operated by AFN; and WHEREAS, [Proposer Abbreviation] submitted a proposal in response to an RFP issued by AFN (the "Proposal," attached hereto) on [Date]; and WHEREAS, after reviewing [Proposer Abbreviation]'s proposal and proposals submitted by other offerors, the RFP Evaluation Committee selected [Proposer Abbreviation] to lease AFN's television head-end and provide television services as described in the RFP; and WHEREAS, [Proposer Abbreviation] wishes provide services to the Ashland, Oregon, community as described in the RFP for the incentives negotiated with AFN; and WHEREAS, AFN and [Proposer Abbreviation] this Lease Agreement and Contract serves as a lease for the television head-end and contract for services; and WHEREAS, [Proposer Abbreviation] must execute a Franchise Agreement with the City because AFN is no longer a cable operator and will not be renewing its franchise; and r WHEREAS, the AFN and [Proposer Abbreviation] wish to enter into this Agreement to clarify terms to ensure that the Agreement reflects the intent and current practices-of the parties, NOW, THEREFORE, THE CITY AND [Proposer Abbreviation] HEREBY AGREE AS FOLLOWS: 1. LEASE OF TELEVISION HEAD-END: AFN hereby leases to [Proposer Abbreviation] a television head-end and all the associated equipment located at the City of Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon 97520, as set forth in the RFP and attached hereto, and 450 MHz and 860 MHz WAN bandwidth provided by and through AFN's hybrid fiber coax network (the "Network") as required to provide cable television service to residents of the City of Ashland, subject to the limitations set forth herein (hereinafter referred to as the "television head-end"). The television head-end does not include outside plant. 2, PAYMENTS 2.1. BASE OPERATING FEES: [Proposer Abbreviation] shall pay AFN, as rent and for the cost of basic operations of the television head-end, the sum of [at least two hundred thousand dollars ($200,000 USD)] per year, due and payable no later than the first day of January, April, July, and October of each year. Base operating fees shall be paid in advance for the subsequent three-month period, without deduction or setoff of any kind, and be addressed to AFN at the RFP Television Services, October 11, 2010, Page 71 or 83 t address set forth in this Agreement. Base operating fees shall increase annually by [?S%], i effective the beginning of each fiscal year during this Lease Agreement and Contract. 2.2. MISCELLANEOUS CHARGES AND FEES: [Proposer Abbreviation] shall pay AFN for services rendered per the table in this section. Payments for services are due and payable no . later thinly (30) days after the invoice date listed on billings sent by AFN. Payments shall be made by [Proposer Abbreviation] without deduction or setoff of any kind, and be addressed to AFN at the address set forth in this Agreement. Fees, hourly rates, and miscellaneous charges will apply from the effective date of this contract and lease and last through December 31, 2011", after which they may be amended provided 90-days notice by AFN. RATE., Installation Fee (Additional charges for parts and supplies apply. May be waived [szo.oo] by AFN.) I Disconnect Fee [So.oo] Standard Outlet Fee May be waived b AFN. [$2-0.001 ( v by ) Field Technician Hourly Rate (Non-standard work such as advanced troubleshooting, [$40-00] nonstandard outlets, wall fishing, etc.) Add/Remove Trap Fee [$:.o,oo] Consulting and Technical Support-- Hourly Rate (Charge applies to support for issues not related to AFN [$70,00] infrastructure performance and reliability.) Staff Screening Fee _ (Charge for each employee submitted for authorization to [$-.$o.oo] access AFN and City Service Center facilities.) 2.3. RE, VENUE SHARING: Revenue sharing payment shall be made quarterly, for the,previous quarter's total, submitted to Ashland Fiber Network prior to the first day of January, April, July, and October of each year. Revenue sharing shall be for the following services and calculated and described: 2.3.1. [IP-Based Television] per [measure] at [Percentage of revenue or recurring commission as determined from negotiations] 2.3.2. [IP-Based Television] per [measure] at [Percentage of revenue or recurring commission as determined from negotiations] I 2.3.3. [IP-Based Television] per [measure] at [Percentage of revenue or recurring commission as determined from negotiations] 2.3.4. [Service to be determined from negotiations] per [measure] at [Percentage of revenue or recurring commission as determined from negotiations] 2.3.5. [Service to be determined from negotiations] per [measure] at [Percentage of revenue or recurring commission as determined from negotiations] 3. ATJDITMG: [Proposer Abbreviation] agrees that the City or AFN may initiate an audit its finances to confirm accuracy of payments at any time. Audits shall not exceed one per year and shall be paid for equally by [Proposer Abbreviation] and the City or AFN. In the event of an audit, [Proposer Abbreviation] must and shall make all files, materials, and staff fully available to the assigned auditors. 3.1. Scope. The scope of any audits will be limited to service proposed by the vendor in their response to this RFP. 3.2. Selection. Auditors shall be selected by AFN's management. RFP -Television Services, October 11, 2010, Page 72 or 83 I 4. TERM OF AGREEMENT: The initial term of this Lease Agreement and Contract shall commence on the date noted above and continue through June 30, 2014. Technical Review Operating Review i Dates Term Basis Basis I Services & i January 201 to December 2013 Three years Compliance Financial & Marketing First one-year Services & January 20x4 to December 2014 extension Compliance Financial & Marketing i Second one-year Services & January 2015 to December 2o-i5 extension Compliance Financial & Marl<eting ~ i 4.1. AFN may, at its sole discretion, extend the term of this Agreement for two additional one year terms. Extensions shall be, communicated in writing by AFN and sent to_ [Proposer Abbreviation] at least ninety (90) days prior to the end date of this Lease Agreement and i Contract, 4.2. AFN and [Proposer Abbreviation] may also extend the term of this Lease Agreement and Contract on a month-to-month basis, if mutually agreed. Month-to-month extensions shall be communicated in writing by AFN and confirmed by [Proposer Abbreviation] at least seven (7) days prior to the end date of this Lease Agreement and Contract. S. USE OF PROPERTY: [Proposer Abbreviation] shall be granted use of and access to the AFN television head-end for the provision of television services to residents of the Ashland, OR, pursuant to the RFP, Proposal and Cable Franchise, As used herein, "television services" means (A) the one- way transmission to subscribers of analog video programming, (B) the one-way transmission to subscribers of digital video programming. [Proposer Abbreviation] is not permitted under this Agreement to use the television head-end to provide any non-television services or for any other 3 purposes except as specifically granted under this Lease Agreement and Contract, 6. STOREFRONT LOCATION: [Proposer Abbreviation] agrees to maintain a commercial storefront location within the City of Ashland's urban growth boundary throughout the term of this Lease Agreement and Contract. Said offices shall be equipped and staffed to handle on-site customer visits _ for connects, disconnects, and equipments and parts pick-up. 6.1. Hours of Operation. Storefront facility shall be open to the public standard business days and hours, minus national and State of Oregon holidays. 6.2. Service Standard. Customer support staff must be courteous and professional 7. WHOLESALE TELEVISION PRODUCTS: [Proposer Abbreviation] agrees to make its television products available to AFN and its partners at reduced wholesale prices, 7.1. Packages and Prices. [To be negotiated] 7.2. Amendments to Packages and Prices. [To be negotiated] 7.3. Billing. [Proposer Abbreviation] shall manage accounting and billing for its wholesale sales. 8. CONDITIONS OF USE: 8.1. Ownership of Customers. Without exception, [Proposer Abbreviation] agrees it and AFN shares full and mutual interest in all customers obtained under the duration of this Lease Agreement and Contract. 8.1.1. [Proposer Abbreviation] shall share customer data openly, fully, and exclusively. Customer data shall be maintained in a secure fashion and shall not be shared, transmitted, or otherwise revealed to third parties without the consent of AFN. 8.1.2. [Proposer Abbreviation] shall not sell or otherwise transfer customer accounts, nor sell or transition customers to alternative services, without mutual agreement and addendum to this contract. 8.2. Cable Franchise. Without exception, [Proposer Abbreviation] must obtain and maintain a valid Cable Franchise Agreement with the City of Ashland for the duration of this Lease Agreement and Contract, as well as any extensions. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. i RFP ---Television Services, October 11, 2010, Page 73 or 93 8.3. Business License. Without exception, [Proposer Abbreviation] must obtain and maintain a valid Business License with the City of Ashland for the duration of this Lease Agreement and Contract, as well as any extensions. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. 8.4. Co-Marketing. [Proposer Abbreviation] agrees to cooperatively market all services and products under this Lease Agreement and Contract with AFN. This includes inclusion of the AFN logo and brand in all marketing efforts and providing AFN management opportunity to review and control use of its logo and brand. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions E set forth herein. 1 8.5. Use of Facilities. [Proposer Abbreviation]'s use of the television head-end shall be conditioned upon its compliance with the requirements and obligations set forth in the RFP, Proposal, Lease Agreement and Contract, and Cable Franchise Agreement. Failure to comply with these requirements and obligations may result in termination of this Agreement pursuant to the termination provisions set forth herein. AFN agrees to provide all information, documents, materials and services that are within its possession or control and are required by [Proposer Abbreviation] for performance of the requirements and obligations set forth in the RFP, Proposal and Cable Franchise. 1 8.6. Reliahility. [Proposer Abbreviation]'s Lease Agreement and Contract shall beconditioned upon maintaining access for subscribers to channels and content at least [99.90 /o, or as determined in negotiations] of all available hours. 8.7. Compliance. [Proposer Abbreviation]'s Lease Agreement and Contract shall be conditioned z upon receiving no more than [36, or as determined in negotiations] notices of violations from the Federal Communications Commission (FCC), Public Utilities Commission (PUC), or other j regulating bodies. 8.8, Minimum Customers. [Proposer Abbreviation]'s Lease Agreement and Contract shall be conditioned upon maintaining market penetration of at least two thousand (2000) customer accounts in Ashland, Oregon. For all purposes in this Lease Agreement and Contract, Customer Accounts are defined and will be calculated as unique customer addresses, as ~ determined by Ashland Electric Department utility billing records. 8.9. New Customers. [Proposer Abbreviation]'s Lease Agreement and Contract shall be conditioned upon acquiring at least [01 New Customers per year in Ashland, Oregon. For all purposes in this Lease Agreement and Contract, New Customers are defined and will be F calculated as those customers switching to television entertainment services with the successful i proposer, who had not purchased those services from an AFN-affiliated service provider in the previous twelve calendar months, and who remain customers for no less than six full calendar 1 months. 8.10. Customer Churn. [Proposer Abbreviation]'s Lease Agreement and Contract shall be conditioned upon achieving a Customer Churn (turnover rate) of no more than [20%] per year in Ashland, Oregon. For all purposes in this Lease Agreement and Contract, Customer Churn is defined as deactivated customer accounts in the twelve months preceding the date of an inquiry. 8.11. Maintenance of Assets. [Proposer Abbreviation] [To be negotiated] 8.12. Customer Service Surveys. [Proposer Abbreviation] shall conduct at least [l, or•as f determined in negotiations] customer service survey per year, which must be. reviewed anent approved by AFN prior to sending to subscribers. [Proposer Abbreviation] 's Lease Agreement and Contract shall be conditioned upon maintaining a customer satisfaction rating of at least [65%, or as determined in negotiations] of customer ratings overall services and "Good" to "Excellent" on a five-point Likert scale. 8.13. Taxes. [Proposer Abbreviation] shall be responsible for all applicable taxes including, but not 0 limited to, franchise fees and PEG fees due pursuant to the Cable Franchise. [Proposer l RFP - Television Services, October 11, 2010, Page 74 or 83 E Abbreviation] shall not deduct from rent due under this Agreement any such taxes or fees paid by [Proposer Abbreviation]. 8.14. Permits and Licenses. [Proposer Abbreviation] shall obtain all necessary permits and licenses required to operate the television head-end and to provide cable television services over the television head-end. 8.15. Coordination of Use. [Proposer Abbreviation] acknowledges that the television head-end is located in the same facility as AFN's network and that the network capacity provided to [Proposer Abbreviation] under this Agreement is also used by AFN to provide internet access f services over its Network. [Proposer Abbreviation] acknowledges and agrees that the terms of this Agreement do not limit AFN's access to that facility for any purpose associated with the E operation, maintenance, repair or use of the Network, nor does it grant [Proposer Abbreviation] the exclusive use of the Network or otherwise place any limitations on AFN's of the City of Ashland's use of the Network. 8.16. Other Conditions. [Proposer Abbreviation] further agrees to the following conditions on R access to and use of the television head-end: 8.16.1. The City of Ashland and its agents shall at all times (upon reasonable notice to [Proposer Abbreviation]) have access to the television head-end for the purpose of inspecting it and assessing its condition and state of repair, 8.16.2. [Proposer Abbreviation] shall, at its own expense, operate, maintain, and repair the television head-end and keep it in proper operating condition during the term of this Agreement. 8.16.3. [Proposer Abbreviation] may not operate the television head-end in a manner that fails f to maintain the signal integrity of AFN's Networlc or to meet ingress and signal to noise specifications to AFN's standards. 8.16.4. [Proposer Abbreviation] may upgrade the television head-end pursuant-to the RFP; provided that any alteration, improvement, or addition(s) to the television head-end shall be conducted by [Proposer Abbreviation] with AFN's prior written permission, and such changes, additions or alterations shall be at the sole expense of [Proposer Abbreviation]. All alterations, improvements, or additions to the television head-end shall become property of AFN after installation. s 8.16.5. Notwithstanding the grant of use in Section 2.2 of the franchise, Grantee shall not be s permitted to erect, install, construct, repair, replace, reconstruct and retain the television head-end, or any part thereof, without AFN's written permission, k 8.16.6. [Proposer Abbreviation] shall only allow access to the television head-end by designated staff who have passed background checks by the Ashland Police Department and any other law enforcement entities deemed necessary by the Ashland ~ Police Department. i 8.16.7. [Proposer Abbreviation] shall not store any equipment or supplies on City property, and shall not park vehicles on City property other than in authorized parking spaces. 8.16.8. [Proposer Abbreviation] shall not access the network equipment or any other area x within City's property, or use City property for any reason other than as permitted herein or in the RFP. 9. EFFECT ON PREVIOUS AGREEMENTS AND FRANCHISE AGREEMENT: Upon 3 execution of this Agreement by both patties, this Agreement shall supersede and render null and void j all previous leases, agreements, and contracts between AFN and [Proposer Abbreviation] for television services. 10. COMPLIANCE WITH PANS: 10.1. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon. [Proposer Abbreviation] shall promptly observe and comply with all present and ' future laws, orders, regulations, rules and ordinances of federal, state and local governments with respect to the lease of the television head-end and the requirements and obligations of the RFP and Proposal, including but not limited to provisions of ORS 279B.220, 279B.230 and ~ 4 279B.235. RFP -Television Services, October 11, 2010, Page 75 or 83 6 s a 10.2. [Proposer Abbreviation] is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. If it has not already done so as required by the Cable Services Agreement, within 10 business days of the execution of this Agreement, [Proposer Abbreviation] shall certify to City that it has workers' compensation coverage required by ORS Chapter 656. If [Proposer Abbreviation] is a carrier insured employer, [Proposer Abbreviation] shall provide City with a certificate of insurance. If [Proposer Abbreviation] is a self-insured employer, [Proposer Abbreviation] shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of [Proposer Abbreviation]'s status. 11. INSURANCE: 11.1. [Proposer Abbreviation] shall, at its own expense, at all times during the term of this Agreement, maintain in force: 11.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance; and F 11.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles. 11.1.3. The coverage under each liability insurance policy shalt be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of [$1,000,000, or higher] per occurrence (combined single limit for bodily injury and property damage claims) or [$500,000, or higher] per occurrence for bodily injury and [$100,000, or higher] per occurrence for property damage. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage is not acceptable, except for the automobile liability policy coverage required by Section 6(b). 11,1.4. Certificates of insurance acceptable to City shall be filed with City within 10 business days of the execution of this Agreement, if not already on,file with City. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage until at least thirty (30) days prior written notice has been given to City. A certificate that states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 12. INDEMNIFICATION: [Proposer Abbreviation] shall defend, indemnify and hold City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance.of this Agreement by [Proposer Abbreviation] (including but not limited to, ° the negligent acts or omissions of [Proposer Abbreviation]'s employees, agents and others designated by [Proposer Abbreviation] to access the television head-end, provide cable television services or to perform work or services attendant to this Agreement). [Proposer Abbreviation] shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. DEFAULT: There shall be a default under this Agreement if any of the following occur: 13.1. Either party fails to perform any act or obligation required by this Agreement within 10 days " after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the 10 day period, no default shall occur if the party receiving the € notice begins performance of the act or obligation within the 10 day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 13.2. Notwithstanding Section 9a, either party may declare a default by written notice to the other t party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this Agreement. 13.3. If a default occurs, the party injured by the default may elect to terminate this Agreement and r pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. RFP -Television Services, October 11, 2010, Page 76 or 83 4 13.4. Any litigation arising out of this Agreement shall be conducted in Circuit Court of the State of Oregon for faclcson County. 13.5. Misrepresentations of experience, staff, references, or other qualification of material importance to accurately rating the ability of proposers in the RFP process is discovered. 14, TERMINATION WITHOUT CAUSE: In addition to the right to terminate this Agreement under Section 9, City may terminate without cause by giving [Proposer Abbreviation] 90 days prior written notice. If City terminates without cause under this Section, [Proposer Abbreviation] shall be paid all fees earned and costs incurred prior to the termination date set forth in the notice. [Proposer Abbreviation] shall not be entitled to be compensated for lost profits. 15. WAIVER: Failure of City or [Proposer Abbreviation] in any one or more instances to insist upon the performance of any of the terms of this Agreement, or to exercise any right or privilege conferred herein, or the waiver of any breach of any term of this Agreement should not thereafter be construed as a waiver of such term, which shall continue in force as if no waiver had occurred, 16. NOTICES: Any notice required to be given under this Agreement or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 16.1. Notices to City shall be sent to: CIO/Director of Information Technology City of Ashland 90 N. Mountain Avenue Ashland, Oregon 97520 With a copy to: City Administrator City of Ashland 20 East Main Street Ashland, Oregon 97520, 16.2. Notices to [Proposer Abbreviation] shall be sent to: [Company Name] [Company Street Address] [City, State Zip-Code1 17. ASSIGNMENT: City and [Proposer Abbreviation] and the respective successors, administrators, assigns and legal representatives of each are bound by this Agreement to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. [Proposer Abbreviation] shall not assign or subcontract [Proposer Abbreviation] [Proposer Abbreviation]'s _ rights or obligations under this Agreement without prior written consent of City. Except as stated in this Section, nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City or [Proposer Abbreviation]. 18. MODIFICATION: No modification of this Agreement shall be valid unless in writing and signed by the patties, IN WITNESS WHEREOF, the parties have executed this Agreement at Ashland, Oregon, on this day of , 200. E F By: City of Ashland By: [Successful Proposer] F Rob Lloyd, CIO/Director of IT President RFP -Television Services, October 11, 2010, Page 77 or 83 t ORDER The governing body hereby approves and.authorizes the terms of this lease as set forth above. Mayor/Mayor's Designee, City of Ashland Date e - 4 5 i~ i {4~{4 T~ C { c c f ~f - 1 • I z d t t § 1 {3 t i 7 2 7 I _ i i e RFP - Television Services, October 11, 2010, Page 78 or 83 i EXHIBIT K-Historical Customer Counts 3 E Note: Figures are approximate year-end counts. Services since October 2oo6 (period when AFN stopped offering television services directly to customers) have been analog only. Oct 06 2007 2008 2009 t estimated estimated estimated Community 253 N.A. N.A. N.A. Basic 1027 575 550 475 Expanded 1815 1625 1425 1375 Digital 346 N.A. N.A. N.A. I. Total'system subs 3095 2200 1975 1850 HBO 275 20 20 20 Showtime 40 N.A. N.A. N.A. Starz 55 N.A. N.A. N.A. 3500 -i--------- - - - - - - - - - - - I 3000 - - - 2500 - - - - 2000 r-12007 1,500 1000 -1o a 2007 estimated k:, 2008 estimated 500 ,r n 2008 estimated i. o A ova . it i I I f i r k i' RFP --Television Services, October 11, 2010, Page 79 or 83 ,i it , A i i 'f EXHIBIT L-Evaluation Matrix 4 i Scoring worksheet is for reference, only. Y ' Weight Score s Of past five years providing some mix of service of similar in scope j and size as described in this RFP - 2 Years Pass/fail including television operations management, sales, and customer support m • Accepts franchise included in RFP Yes and agrees to maintain it Pass/Fail throw9hout the contract term ~ i Agrees to obtain a City of Ashland' Yes business license and maintain it Pass/Fall throughoutthe contractterm Accepts customers are owned by i Yes City/AFN and proposer without Pass/Fail exception • • Agrees to advertise services and Yes products with.AFN logo and brand Pass/Fall I' without exception Agrees to offer cable television packages to AFN partners for Yes Pass/Fail i competitive resale (MUST include estimated wholesale prices) • 2$200,000 Annually, Paid Per Quarter Pass/Fail 1 Agree to maintain at least one ~i commercial storefront location in _ Yes Ashland, OR, city limits; Agree PassjFail j hours of operation shall be standard business hours and days Agree that all liability associated with the management and operation of television services Yes during the term of their contract Pass/Fail , shall belong solely to them, including liquidated damages, except as due to force majeure Agree that the City of Ashland/AFN may initiate an audit of the proposer's finances, not to exceed Yes one peryear, paid for equally by the Pass/Fall ! successful proposer and the City; Agree to make all files, materials, and staff fully available to the C assigned auditors, Included All required proposal components o and signatures provided ■ included Sample statements and reports o provided RFP -Television Services, October 11, 2010, Page 80 or 83 ~i d I E C i Reference companies for which the k proposer has directly provided those services Contact information o 1 must be provided E Proposal notesthe companies representative for final decisions Yes o and commitments for negotiations and contract Indicate acceptance of the City of Ashland's contract provisions Yes p and/or proposes reasonable S alternatives Current and audited Balance Sheet; _ Yes Statement of Cash Flows, 7 0 } Statement of Income included I Financial reports show positive • Yes status and indicate ability to meet 7 0 terms and length of RFP 48o MHz Channel List by Package/Tier and cost (Must ff include local news and f . Included publicleducational/government); 4 0 Will packages appeal to Ashland' residents and business 86o MHz Channel List by is Package/Tier and cost; Will r Included 0 packages appeal to Ashland f' residents and business Total Channel Availability/Uptime 0 I ?99.90% 4 in Year •6 Total FCC and PUC Violation per o 4 Year Accepts requirement to maintain customer data in a secure fashion; • r Agrees to not sell or otherwise Yes release customer data without 4 0 approval by the City of Ashland and a its AFN Division fl Provides a communications protocol as part of response, included detailing escalation, and meeting 4 0 24x7x36S+ 99.9o0/b uptime i ij standards ii Percentage of gross non- I` >5% advertising revenues for customers 3100-1- 3,500 Percentage of gross non- t >3% advertising revenues for customers 9.0 o 3x50-1 - 41500 Percentage of gross non- advertising revenues for customers 41501 • Percentage of advertising revenues y IL I 0 2 p _ >o% to share • - 2t2350 Minimum Number of Customers 5 0 E { RFP -Television Services, October 11, 2010, Page 81 or 83 i i t1 I k f is I <20% Maximum Annual Customer Churn 5 0 Minimum Number Customer 21000 Accounts within FirstThree Months of Contract Year i New Minimum Number of New Customer 35o Customers Acquired in Year 1 of Acquisition Contract Minimum Number of New 5 0 250 Customers Acquired in Year z of Contract Minimum Number of New - 250 Customers Acquired in Year 2 of j . . Contract Customer Service surveys per Year I (Coordinated with and approved by s o _ i AFN) • Average Overall Annual a65% Positive Satis action'Rating(s) 5 0 c Project plan with timelines and r work breakdown for at least i _ included customer transitions, technical 5 0 coordination with AFN, and programming contracts Minimum percentage of existing 1? >So% AFN cable television customers to o • - - successfully retain and carry into 5 new contract Marketing Plan that details sales and customer retention goals, how new customers will be obtained, included and what advertising resources will 5 0 be allocated to sell services and .products f I Strategic direction detailing what advanced video entertainment' - services will be provided and when, Included as well as how theircompany will 5 0 respond to the emergence of IP- based television la Scoring 100 0 i' ri • Included Services proposed for offering it Ashland customers • • • - Equitable revenue sharing model • Included between proposer and AFN included Services proposed for offering Ashland customers 1 Included Equitable revenue sharing model between proposer and AFN Ij - • included Services proposed for offering 20 0 V111 1-00 1111 Ashland customers • included Equitable revenue sharing model between proposer and AFN On-Network Included Services proposed for offering • Ashland customers On-Net • Equitable revenue sharing model << Revenue Included between proposer and AFN RFP -Television Services, October 11, 2010, Page 82 or 83 Included Services proposed for offering • Ashland customers r • • • Equitable revenue sharing model included between proposer and AFN . Included Services proposed for offering • Ashland customers • il • - Equitable revenue sharing model included between proposer and AFN • - Included Services proposed for offering Ashland customers • • - Equitable revenue sharing model included between proposer and AFN Scoring 20 0 ti r Available Score Points Total For Core I RFP Services 100 0 Additional/Alternative Services.or Products 20 0 F: i i i . I f i j I I r; i• ii e I RFP Television Services, October 11, 2010) Page 83 or 83 CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Approval of a Special Procurement for AECOM FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY This is a special procurement for award of a professional services contract for $74,855.76 to AECOM for engineering associated with Federal Energy Regulatory Commission requirements (FERC) for Hosler Dam. The engineering is required as a result of work previously performed by AECOM associated with the Part 12 dam inspection and erosivity study. The engineering work includes analysis of a new maximum potential flood event in order to determine requirements for protecting the left abutment from erosion due to an overtopping event. BACKGROUND AND POLICY IMPLICATIONS: Engineering staff previously informed the Council at the December 14, 2015, Study Session (minutes) of erosivity issues associated with Hosler Dams left abutment and how a plan of action approved by FERC would dictate the next steps. City staff and Steve Samuelson of AECOM met with FERC on December 15, 2015, to discuss next steps. On February 18, 2016, FERC formally agreed to the project next steps. These steps included multiple phases to protect the left abutment from erosion due to overtopping. The phases include, and interim risk reduction measure of reducing the Reeder reservoir volume to 50% during flood season as water quality allow, updating the Probable Maximum Flood (PMF) and Probable Maximum Precipitation (PMP) analyses to current standards, and final engineering and construction of modifications to the parapets and/or gates to accommodate changes to the PMF and PMP if appropriate. One other step to reduce overtopping was recommended by the FERC and accepted by city staff involves installation of log booms at the reservoir inlets to avoid plugging of the spillways. AECOM was previously selected through a formal solicitation process to be the FERC part 12 independent inspector. The selection of an independent inspector is formally approved by FERC and the consultant can provide analysis for two consecutive five year terms. After completing the requirements of independent inspection, AECOM was then tasked with formalizing the erosivity study which closely analyzed a potential failure mode in the most recent report. AECOM finalized the erosivity study which has lead us to a course of action to reduce risk associated with erosion from an overtopping event. The City wishes to use a special procurement process in order to directly award AECOM engineering work associated with the project next steps stated above. In order to process a special procurement the City Council must approve the process and a public notice of the procurement must be posted on the Page 1 of 2 CITY OF ASHLAND City's website for a period of seven days to allow for any protests of award, reference form #9 special procurement. FISCAL IMPLICATIONS: The additional funds will come from monies budgeted within the current biennium specifically for un- identified FERC related projects. COUNCIL GOALS: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning, management, and financial resources STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the special procurement contract with AECOM for an additional $89,855.76, as this work is required as part of ownership responsibilities for Hosler Dam. SUGGESTED MOTIONS: I move approval of a special procurement contract with AECOM for an additional $74,855.76 ATTACHMENTS: • AECOM Scope of Services Proposals • City Council Minutes December 14, 2015 • Special Procurement Request for Approval Form #9 Page 2 of 2 ~r AarwCOM AECOM 206 438 2700 tef 1111 3rd Avenue 866 495 5288 fax Suite 1600 Seattle, WA 96101 m".aewm,com November 7, 2016 Mr. Pieter Smeenk, P.E., S.E. City of Ashland Public Works Engineering Division 20 East Main Street Ashland, OR 97520 Dear Mr. Smeenk: SUBJECT: Reeder Gulch Project No. 1107-OR Proposal for Services Hosler PMF Study AECOM is pleased to offer this proposal to perform an updated Probable Maximum Flood {PMF} study for Hosler Dam, pursuant to an FERC letter dated February 18, 2016. In that letter, the FERC requested that such a study use Probable Maximum Precipitation (PMP) values based on HMR 57. As you know, we had previously discussed the advisability of proceeding with the expense of a site-specific PMP study. Accordingly, we completed our October 3, 2016 report Hosler Dam - Arch Dam Shear Stress Sensitivity Study. That report concluded that there would not be a high sensitivity in the structural adequacy of the arch to flood inflow. Thus, it was concluded that, while a site-specific PMP study would provide a more refined determination of PMP for the site, it is an extraneous refinement and cost that would not offer much benefit to the City. Therefore, we are submitting this proposal for us to complete the study using PMP input based on HMR 57. SCOPE OF WORK The major technical tasks or components of any PMF study typically include the following: 1. Data collection from databases and existing documents that cover basin wide geology and vegetative cover, topographic mapping, historical temperatures and snowpack data, and the characteristics of any upstream projects. In the case of Reeder Reservoir, no upstream projects exist beyond the non-significant diversion structures. 2. Division of the basin into subbasins and developing hydrologic characteristics of each subbasin as well as initial basin conditions such as base flows, snowpacks, and initial reservoir levels. 3. Development of a basin model that incorporates the individual subbasins, routing reaches, and reservoirs. 4. Calibration of subbasins within the model based on recorded historical rainfall where and if possible. Calibration of models requires recorded stream flows and coincident rainfall for the greatest confidence levels. 5. Development of the Probable Maximum Precipitation (PMP) and its distribution over the basin together with coincident climatic conditions. j City of Ashland Dam Safety Services for Hosler Dam November 7, 2016 6. Simulation of the PMF incorporating the PMP into the model together with associated climatic and basin conditions and characteristics as well as reservoir storage and spillway capacity. i A detailed description of the specific tasks for this site are as follows: Data Collection. Readily available information will be obtained from any previously developed flood studies within the basin with more recent data obtained from other various sources like the USBR Hydrometeorological database, the Oregon Climate Service, and other sites. More recently recorded data for streamflow records and coincident precipitation records will be obtained to determine the extent that calibration of subbasins can be performed. Climatic data will be obtained and evaluated in order to determine initial snowpacks. Topographic mapping for the basin will be obtained for evaluation, particularly for any potential creek reaches that might impede high flows. Subbasin soils and geologic mapping will be developed or augmented using the USGS STATSGO 1 database and available soil surveys. ® Subbasin Delineation. The overall basin will be delineated into subbasins as appropriate. It is currently envisioned that only three subbasins will be required and would include the east and west forks as well as the reservoir and its' immediate local drainage. Subbasin Geologic and Soils Evaluation. Soils and geologic characteristics will be determined for each of the subbasins with percentages of soil types determined. Similarly the geologic composition will be determined with the depth to bedrock determined for various portions of the subbasins. These characteristics will be used to estimate potential infiltration rates for the various soil groupings within each subbasin. ® Subbasin Hydrologic Property Development In addition to developing the infiltration rates for each subbasin, hydrologic characteristics will be developed as appropriate that include overland travel times, travel times through the various reaches, and estimated lag times for each subbasin. Basin NEC-1 Model Development. A HEC-1 computer program model will be developed for basin simulations. The basin model will incorporate the individual subbasins and hydrologic characteristics such as elevation bands for purposes of snowmelt simulation, runoff characteristics for hydrograph development, initial snowpack conditions, infiltration rates, and precipitation amounts and pattern, and the reservoir and associated spillway rating curve. Historical Storm Development. To the extent possible, depending on the data that is available, historical storm events will be developed that incorporate coincident precipitation intensity, precipitation pattern, temperature sequence, and recorded streamflow. ® Historical Storm Model Calibration. Individual subbasins will be calibrated to the extent possible where streamflow data and coincident precipitation data are available. Where calibration is not possible, Snyder runoff parameters will be developed and used within the model. The various subbasin runoff parameters Page 2 of 5 ..CO Rev.1 City of Ashland Dam Safety Services for Hosler Dam November 7, 2016 can be developed by use of topographic mapping of a subbasin or published reports. Development of Climate and Snowpack Factors. In developing the conditions for the PMF, guidance in HMR 57 will be utilized together with the expected extreme snowpack that could occur for the various months where snowpacks could likely add to extreme flood flows. Similarly, temperatures sequences that could occur as well as coincident wind and solar radiation will be developed. Development of PMP and Precipitation Patterns. The procedures in HMR 57 will be used to develop the PMP as well as the corresponding temperature conditions and rates of change. Because of the relatively small basin size it is anticipated that only a single storm centering will be required while varying the precipitation pattern. It is anticipated that the model will utilize the energy budget method for determining snowmelt based on available data applicable to the various subbasins. PMF Simulations and Routing. The PMP and corresponding seasonal period data will be incorporated into the HEC-1 model for the final PMF simulations. Simulations will be performed for the various critical months to determine the most critical that would define the PMF. Draft Report Preparation. A comprehensive report covering the results of the study will be prepared in accordance with the FERC format. ® Incorporation of Comments and Final Report. A final report will be developed ii following the receipt of any comments from either internal AECOM review, client review, or from any reviews or comments resulting from any FERC involvement. Meetings. An allowance is included for a telephone conference and one in- person meeting with the FERC in Portland. PROPOSED STAFF Project management will be provided by Steve Samuelson, P.E., the FERC-approved 2013 Independent Consultant for Hosler Dam. All technical tasks required by the PMF study will be directed by Mr. William H. Shaffer, PE. Bonnie Witek will provide evaluations largely focused on the soils, geological, and related aspects of the study that provide the basis for infiltration rates. Mike Inman, GIS specialist, will provide GIS - support in developing and defining subbasins within the overall basin, evaluation of topography as needed, obtaining soils mapping and geologic characteristics, and other basin characteristics, if needed. David Hunter, PE, of our New York office will perform peer review on the report. Messrs. Samuelson and Shaffer will conduct the telecon and in-person meeting in Portland, if required by the FERC. ► Page 3 of 5 CCOM Rev.1 City of Ashland Dam Safety Services for Hosler Dam November 7, 2016 COST OF SERVICES The cost of services by task is summarized below: i Labor Costs Task Hours Cost Data Collection 36 $5,066.60 Subbasin Delineation 16 2,232.32 Subbasin Geologic and Soils Evaluation 32 4,349.20 Subbasin Hydrologic Property Development 36 5,127.32 Basinwide HEC--1 Model Development 16 2,755.16 Historical Storm Development 24 4,133.24 Historical Storm Model Calibration 24 4,133.24 Development of Climate and Snowpack Factors 24 4,072.52 Development of PMP and Patterns 24 4,133.24 PMF Simulations and Routing 24 4,133.24 Draft Report Preparation 95 15,006.70 Peer Review 27 6,133.74 Incorporate Comments and Final Report Prep 25 4,293.34 Meetings 26 41488.04 Project Management 26 3,944.86 Labor Subtotal: 462 $74,002.76 Travel and other direct costs (ODC) required for the presumed meeting with FERC-PRO are as summarized below. Airfare $ 550 Rental Car 75 Meals & Incidental Expenses 128 Miscellaneous 100 Travel and ODC Subtotal: $ 853 PROJECT TOTAL: $74,855.76 AECOM proposes to perform this project under the similar terms and conditions as our 2015 contract for the Hosler Erodibility Study (City of Ashland Purchase Order No. 12899, Contract executed May 14, 2015, and amended December 10, 2015). Invoicing for the labor costs to perform the proposed services will be based on bare salaries at the time of service times a multiplier of 2.8. SCHEDULE Assuming we receive notice to proceed not later than November 18, 2016, we will submit a draft report for your review and comment prior to April 14, 2017. We will submit our final report within 3 weeks of receipt of comments. A ~ Page 4 of 5 AA Rev, 1 City of Ashland Dam Safety Services for Hosier Dam November 7, 2016 CLOSING We appreciate the opportunity to be of service to the City of Ashland. If you have any questions or comments, please contact us. Sincerely, Steve Samuelson, E. Project Manager and 2013 Independent Consultant ATTACHMENTS CC: M. Pavane E S. Benson C. Kinberg W. Shaffer I~ 7 CO Rev. 1 - - Page 5 of 5 City Council Study Session December 14, 2015 Page I of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 14, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council Chambers. Councilor Rosenthal, Seffinger, Voisin, Lemhouse, and Marsh were present. Councilor Morris arrived at 5:45 p.m. Mayor Stromberg moved agenda item 5. Review of staffing options for Ashland Fire & Rescue after agenda item 2. Look Ahead review. 1. Public Input Huelz Gutcheon/2253 Hwy 99/Explained the four parts of energy were generation, efficiency, conservation, and ecology. Energy generation included solar panels, gas, or thermal energy. Energy efficiency pertained to items like cars or computers that did more using less energy. Energy conservation covered behavior through teaching and learning. Energy ecology related to efficiencies that used the least amount of poison. Carbon fit into the ecology category. A human being generated 100-kilowatt hours of energy. The efficiency of the human body was 85%. Ashland wasted $7.000,000 a year not learning about externalities. John Chmelir/3743 Calle Vista/Gave the City Administrator a signed construction easement. He asked for an exception for fire lines on his property if nothing else. The proposed connection went to an 8-inch fine connected to the fire hydrants, not to the transmission line. It was an internal distribution line. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Review of staffing options for Ashland Fire & Rescue Fire Chief John Karns recommended Council consider three options listed under the Conclusion of the Ashland Fire & Rescue Staffing Menu document. The first would implement the 8/10 staffing with a commitment to 9/10 staffing in the future. The second eliminated non-emergent transfers. The third was Administrative Options that included a residential sprinkler ordinance, supporting a WU1 Fire Code, the Age-Friendly Housing Program, and Senior Fall Prevention and Fire Safety Training. City Administrator Dave Kanner thought adding staff would increase the rate at which costs increased in the Fire Department. Adding three firefighters immediately would offset overtime costs initially but every firefighter had overtime built into their positions that increased as they moved up the pay scale and wages increased. The Fire Department needed a certain number of people on staff and often used overtime to maintain that level. Another issue was the Public Employee Retirement System (PERS) would go up in the next biennium to an amount equivalent of a full tine firefighter or police officer. He agreed with Chief Karns that an 8/9 staff level did not provide adequate coverage. The option that made best sense was hiring one firefighter/paramedic per year for six years. He also supported eliminating non-emergent medical transfers. Chief Karns explained eliminating non-emergent transport would entail contacting Jackson County and putting out a request for proposal (RFP) for a third party that would contract with the Fire Department. Currently, Mercy Flights thought assuming the non-emergent transports was viable. The RFP process would take 4-6 months. City Council Study Session December- 14, 2015 Page 2 of 3 Merging with Fire District 5 or creating a Special Fire District was typically afive-year process. Several programs currently offered through the Fire Department would change. Forming a new district or merging was political, and the community might not be receptive. Establishing special districts was a new trend throughout the nation. Mr. Kanner added they would have to amend the City Charter if the Fire Department merged or formed a special district. Chief Karns was not opposed to a student program. It would not solve the staffing problem and cost 25% of a career firefighter's salary to fund. He was resistant to add a student program without adequate career staff. Council discussed options and directed staff to bring back information on the following: • Identify additional revenue sources, steps needed to attain an adequate staff level and a plan to get there • Eliminating the non-emergent medical transfers • Residential fire sprinkler code • WU1 code • Explore special districts, combined districts, and bring back a range of options • Implementing a Senior Fall Prevention and Fire Safety Training • Implementing an Age-Friendly Housing Program 4. Hosler Dam Federal Energy Regulatory Commission Part 12 update Engineering Services Manager Scott Fleury explained the City, as owner-operators of the Hosler Dam and power plant, followed certain guidelines and requirements mandated by the Federal Energy Regulatory Commission (FERC). Of the five subparts of Part 12, C-Emergency Action Plans and D-Inspection by Independent Consultant were the most important. Subpart C-Emergency Action Plans detailed the development and continual updating of the Emergency Action Plan pertaining to potential failure, eminent failure, or flash flood issues associated with the dam. For subpart D-Inspection by Independent Consultant, the City hired AECOM Senior Civil Engineer Steve Samuelson. The reports detailed potential failure modes of the dam and hazard categories. One item Mr. Samuelson was working on with FERC was the erosivity of the left abutment. They were meeting with FERC the following day to determine how to protect the left abutment in the case of over topping, a situation where water came over the parapet walls and the dam face. Hosler dam had never over topped. The spillway was a 120-foot channel water came through naturally when it reached that level. Senior Engineer Pieter Smeenk explained during the 1997 flood Hosler Dam came close to overtopping due to a lot of debris built up in the dam. Mr. Samuelson addressed the left abutment erosivity study, shared the history of prior studies, and explained FERC had concerns regarding the rock structure under the dam that could ultimately result in erosive failures to the foundation. He described what they analyzed during the studies, frequency, and response from FERC. He provided examples of what the City could do to reinforce the left abutment. 5. Discussion and options: extension of City water services outside of City limits City Administrator Dave Kanner explained Ashland Municipal Code 14.04.060 had criteria for requests from properties outside city limits to connect to City water. John Chrnelir's property could not meet those criteria. Mr. Chmelir would present his case before Council at the January 5, 2016 meeting. Mr. Kanner read six possible options for Council to consider that ranged from no changes to the code to annexing Highway 99 between the railroad trestle and Valley View Road into city limits. Staff did not support option 2 that would amend the code to allow connections to City water or option 5 that would grant exceptions to the code on a case-by-case basis. City Council Study Session December 14, 2015 Page 3 of') Public Works Director Mike Faught and RH2 Consultant Jeff Ballard explained the water line was a transmission line that pushed Talent Ashland Phoenix (TAP) water up to Granite Street. The pressure from the line was too powerful for a residential connection. When and if the area annexed into city limits, the Public Works Department would review needs and add a distribution line at that time. They had not analyzed the TAP line for fire suppression utilization. TAP moved water from one point to another in rapid succession during the summer. Once it reached city limits, they installed the two fire hydrants for future use. Mr. Ballard added until the City adequately planned for the long term, they should take care regarding any decisions they might make regarding connections to the TAP line. Council expressed interest in amending the code for fire suppression only, and criteria for variances. Council comment noted if connecting to TAP was not feasible or a good idea there was no reason to pursue the issue further and suggested staff research feasibility first. Meeting adjourned at 7:24 p.m. Dana Smith Assistant to the City Recorder CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Michael R. Faughl-Direclor of Public Works Date: 1/1212 017 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 2. Department Contact Name: Michael R. Faught 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From: 2/16/2016 To: 12/31/2016 5. Total Estimated Cost: $74,855.76 6. Short title of the Procurement: Hosler Dam Potential Maximum Flood Study Supplies and/or Services or class of Supplies and/or Services to be acquired: The services to be obtained include professional engineering associated with the Potential Maximum Flood (PMF) analysis associated with the City's watershed and Hosler Dam. The engineering will require a close working relationship and approval from the Federal Energy Regulatory Commission FERC . 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: The City previously produced a formal solicitation for a Hosler Dam Part 12 FERC independent inspector. After completion of the formal solicitation process by the City the inspector was approved by FERC to perform Part 12 duties. FERC must approve any consultant prior to performing any Form #9 - Special Procurement- Request for Approval, Page 1 of 4,1/11/2017 inspection or analysis. Since award Steve Samuelson of AECOM has completed the part 12 independent inspection and subsequent left abutment erosivity study. This study was requested by FERC as the erosivity was defined as a potential failure mode. After completion of the study Samuelson and city staff met with FERC to discussion options associated with reducing potential left abutment erosion issues with multiple items. On February 18, 2016 FERC approved the recommendations which include; maintaining a reservoir level of 50% for flood management, performing an update to the PMF and move forward with final engineering and construction for modifications to the parapets and gates if required by the updated PMF. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Due to the unique circumstances of owning and maintaining a dam that is used for hydroelectric power generation and guided by FERC requirements, city staff believe use of AECOM, through direct award, represents the best interests of all parties involved. AECOM has inherent knowledge of the structure and FERC processes that will enable them to navigate the engineering approval process. This will allow the City to move forward with a construction project that will protect the City's water supply and general public by reducing risk associated with a potential failure mode of Hosler Dam. 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: AECOM through a formal solicitation process was previously selected to perform Part 12 inspection duties followed up with a left abutment erosivity study. AECOM has knowledge or the system and FERC requirements that will enable them to efficiently produce a final approved design for construction. There are very few engineers that have specific arch dam experience and a working relationship with FERC thus this direct award would not diminish public competition. In addition, the FERC approved Part 12 inspector is granted the ability to perform services for two consecutive five (5) year periods. (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: Selection of AECOM will result in substantial cost savings to the City through use of a consultant with arch dam experience specific to Hosler Dam along with a working relationship with FERC. In addition, staff will not have to go through a formal selection process to find a new engineering to perform associated services along with bringing them up to speed on the City's dam and developing a working relationship with FERC. This reduction in City staff time includes development of an RFP and scope of services; internal review; Legal review and approval; proposal scoring; negotiations with selected consultant; drafting of staff report for contract approval by Council; Council review and approval; finally formal award and notice to proceed. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or Form #9 - Special Procurement - Request for Approval, Page 2 of 4,111112017 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 279B.055, 27913.060, 279B.065, or 279B.070, or any rules adopted thereunder because: Due to the unique circumstances of owning and maintaining a dam that is used for hydroelectric power generation and guided by FERC requirements, city staff believe use of AECOM, through direct award, represents the best interests of all parties involved. AECOM has inherent knowledge of the structure and FERC processes that will enable them to navigate the engineering approval process. This will allow the City to move forward with a construction project that will protect the City's water supply and general public by reducing risk associated with a potential failure mode of Hosler Dam. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 3 of 4,1/11/2017 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 - 1/1 8/2017 PUBLIC NOTICE Approval of a Special Procurement First date of publication: 1118/2017 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 1/17/2017 AEC ,111 will per°for°m an update to the Pr°obable IVa-viniuln Flood (PIVIF) study for• Hosler° Darn. The Federal Energy Regulatory Con7nission (FERC) has requested the PMF be updated using a neiv Hydrometeorlogical Report (H111IR). AECO1tiI is the currently approved FERC Part 12 Inspector for the City, ofAshland. 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, Michael R. Faught, Public Works, 51 Winburn Way Ashland, Oregon 97520. The seven (7) protest period will expire at 5:00pm on.Ianuar1, 25, 2017. 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 4 of 4,111112017 CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Staffing for Adequate Fire and Emergency Response Grant Application FROM: David Shepherd, Interim Fire Chief, david.shepherd@ashland.or.us SUMMARY Per Administrative Policy 11-01.04, Ashland Fire & Rescue (AF&R) is seeking council approval to apply for a SAFER (Staffing for Adequate Fire and Emergency Response) Grant to fund three additional firefighters (one per shift). If successful, the City would receive federal funding that would recompense approximately 60% of the total compensation cost for the additional firefighters over a three year period. BACKGROUND AND POLICY IMPLICATIONS: The SAFER Grant was created to provide funding directly to fire departments to help them increase or maintain the number of trained, "front line" firefighters available in their communities. The goal of SAFER is to enhance the local fire departments' abilities to comply with staffing, response and operational standards established by the National Fire Protection Agency (NFPA), Occupational Safety and Health Administration (OSHA) and the Insurance Services Office (ISO). If AF&R was successful with the SAFER Grant we would have an opportunity to: 1. Increase safety and effectiveness at emergency scenes. 2. Create the opportunity to staff Station 2 with a full engine company. 3. Create the opportunity to improve the City's ISO rating from 3 to 2. 4. Allow the department to staff a reserve (3rd) ambulance during times of extreme call volume. The grant application is due by February 10, 2017. If awarded, the department would receive notification later this year (August-October). From the time of notification we would have 6 months to hire the three firefighters. There is a three year period of performance for this grant. Award recipients have no obligation to retain SAFER funded positions at the end of the three years but it should be assumed that the positions will remain. COUNCIL GOALS SUPPORTED: • Cultivate external funding opportunities. • Support innovative programs that protect the community. FISCAL IMPLICATIONS: SAFER Grant funding is limited to the lesser of the following options: #1 - The amount of Federal funding provided to a recipient for hiring a firefighter in any fiscal year may not exceed: Page 1 of 2 ~r CITY OF ASHLAND • in the first year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; • in the second year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; and • in the third year of the grant, 35 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted. #2 - The Federal portion of the costs of hiring new firefighters under this grant may not exceed: • 75 percent of the actual costs incurred in the first year of the grant; • 75 percent of the actual costs incurred in the second year of the grant; and • 35 percent of the actual costs incurred in the third year of the grant. For fiscal year 2017, a first year firefighter has a total benefits package of approximately $122,000. As we are asking for three firefighters, the first year total will be approximately $366,000. If successful, SAFER would contribute approximately $274,500 the first year, $274,500 the second year and $128,100 the third year. Thus, the department's commitment will be approximately $91,500 the first year, $109,500 the second year and $273,900 the third year (based upon the calculations above). Firefighter/Paramedics Year Full Benefit Cost Grant Funds Department Funds 1 36600 274,500 91,500 2 38400 274,500 109,500 3 40200 128,100 273,900 Total $ 1,152,000 677,100 4747,900 As the grant would not be awarded until late 2017 it would be necessary to budget for the department's portion in our 2017-2019 biennium. It should be noted that on May 2, 2016, Council gave approval to AF&R to increase the department's daily minimum staffing level from 8 to 9 firefighters and on June 7, 2016 they approved a resolution authorizing budget for those positions. The increase to a 9/10 staffing model (9 minimum, 10 maximum) will take place over a three year period (one shift each year). If the department is successful in securing the SAFER Grant, our daily minimum staffing level will automatically increase to 9 and the additional funds that would have been used to meet the minimum staffing level can be shifted to cover the department's share of the grant. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff request approval to submit grant application. SUGGESTED MOTION: I move to approve Ashland Fire & Rescue's application for a SAFER Grant for the purpose of funding three additional firefighters over a three year period. ATTACHMENTS: N/A Page 2 of 2 ~r CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Annual Appointment Citizen Budget Committee FROM: Barbara Christensen, City Recorder, christeb@ashland.onus SUMMARY Annual appointment of two positions on the Citizen Budget Committee with 4-year terms ending December 31, 2020. BACKGROUND AND POLICY IMPLICATIONS: The deadline for submission of applications ended on November 11, 2016 and notice of these vacancies were published in the local newspaper and placed on the city website. At the December 6, 2016 meeting, council requested additional time to contact and interview candidates. Selection of appointment was moved to the January 3, 2017 meeting. Budget Committee members William Gates and David Runkel terms expired on December 31, 2016. William Gates is not seeking reappointment. David Runkel is requesting reappointment. New applications were received from Paula Hyatt, Saladin Amery and Sharon Harris. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: I move to appoint/reappoint and to the Citizen Budget Committee with term ending of December 31, 2020. ATTACHMENTS: Applications Page 1 of 1 ~r City Recorder's Office c/o Barbara Christensen 20 East Main Street Ashland, OR 97520 November 9, 2016 Subject. Letter of Intent, Applying for Citizen's Budget Committee Dear Ms. Christensen, I am writing to express my interest, and request consideration for, the vacancy on the Ashland Citizen's Budget Committee. My professional experience in budgeting, valuation modeling, and project management, combined with my enjoyment of community involvement, lend themsel-v-es well to the Citizen's Budget Committee. My family and I moved to Ashland six months ago, and currently I stay home with my young daughter. Subsequently I am in a unique position to draw from over 15 years of business experience and advanced education, while bringing a fresh perspective and flexible schedule availability to the committee. Additionally, Ashland's model of citizen inclusivity in the budget process, and provisions for soliciting feedback from the community appeals greatly to me. In my experience, collaborative processes yield strong comprehensive plans and I would welcome the opportunity to contribute. Please find my application form and resume attached and thank you for your consideration of my qualifications for the position. It would be a privilege to )end my time and professional knowledge in support of a community my family and I have quickly come to love. Sincerely, Paula M. Hyatt fill BY: _ 4--------- CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITE' 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 christe as n qr us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Paula M Hvatt Requesting to serve on: _Citizens Budget Committee (Commission/Committee) Address 625 Van Sant Street Ashland, OR 97520 _ Occupation: I financial Analyst' Account Allgr. Phone: Home: .518-253-2 / 49------ Work: Email: paulam.anny@hotmall.com Fax 1. Education Background What schools have you attended? The George Washington University (Graduated 2000) State University of New York at Albunv (Graduated 2007) What degrees do you hold? Bachelors in Business Administration and Tasters in Business Administration What additional training or education have you had that would apply to this position? Please see attached resume 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Please see attached resume Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? A y finance education and business experience will help me contribute to the committee immediately however I alwQVs welcome educational opportunities. I would especially be interested in city budget and governance specific training. .err WV23L 3. Interests Why are you applying for this position? Ashland's model of citizen inclusivity in the budget process, and provisions for soliciting feedback from the community appeals greatly to me. This process lends itself well to my professional skill set and desire to serve my community. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, 1 am available to attend special meetings. My preference for meetings would be evening but 1 have daytime flexibility as well. 5. Additional Information How long have you lived in this community? ~6 Months Please use the space below to summarize any additional qualifications you have for this position Date Signature Paula M. Myatt • 625 Van Sant Street, Ashland, OR 97520 e (518) 253-2749 • paulamanny(ahotlnail.com PROFESSIONAL EXPERIENCE: Senior Account Manager Aceredo Health Group, Inc., Memphis, TN Jan. 2012- May 2014 - Actively managed and grew key accounts, across a diverse suite of services, generating revenue greater than $25M annually - Responsible for creating new products and services in support of key client needs resulting in upselling opportunities of $3M - Coordinated and conducted orientation of new Account Managers to job roles, responsibilities and expectations - Developed curriculum, and facilitated comprehensive training sessions, educating peers and senior management on Accredo Intake, Clearance and Pharmacy Processes Product Development Analyst Nov. 2011 - Jan. 2012 - Provided project management leadership required to execute on client-focused products and associated marketing strategies - Responsible for financial modeling necessary to articulate economic benefits, across all stakeholders, for new products and services - Developed a standardized initiation and diligence process to efficiently examine product development requests and opportunities Project Manager Sept. 2010 - Oct. 2011 - Successfully met project milestones and completion dates due to excellent organization and time management skills, as well as timely initiation of troubleshooting measures when warranted - Managed the vendor relationship with consulting services inclusive of deliverable prioritization and contract administration - Provided Executive Management with key success factors for growth initiatives including project plan development, status updates, financial reporting, successful on-time completion of three site closures, and direct communication with stakeholders Business Development Senior Financial Analyst May 2008- Sept. 2010 - Conducted valuation modeling and due diligence in support of over twenty Business Development project initiatives - Facilitated deal closings, drove team to achieve an aggressive close dates, and aided in integration of business functions - Supplied comprehensive analysis on capital projects to determine the project benefits and return on investment of proposed projects Senior Multi Function Financial Analyst Lockheed Martin, San Diego, CA 2006-2008 - Selected for, and graduated from, the elite three year Lockheed Martin, Financial Leadership and Development Program (FLDP) - Successfully implemented and maintained Earned Value Management on programs with combined assets greater then $100M - Composed, executed and revised actionable sales, orders and profit forecasts contributing to overall corporate performance Financial Analyst Lockheed Martin, Schenectady, NY 2005-2006 Clearance: Department of Energy - Coordinated, prepared and presented monthly financial reviews and analysis for use by the CFO and key management - Demonstrated skill for quantitative analysis and forecasting necessary for execution of overhead functions and facilities work plans - Team lead responsible for coordination and composition ofthe Finance Department 2007 Strategic Business Plan Accounting Operations Analyst 2003-2005 - Chaired the Laboratory's Travel Council responsible for management, execution and reporting of a $3.0M travel budget - Accountable for cash ledger and banking activities including ledger entries, transfers, cash deposits, draw downs and reconciliations Senior Analyst Lehman Brothers, New York, NY 2000-2002 - Promoted to Senior Analyst of the Retail Account desk after nine months in the Operations Analyst role - Coordinated settlement instruction data clean-up project and created cost savings by improving information efficiencies EDUCATION: Masters Business Administration State university of New York atAlhany, Albany, New York Fall 2007 Bachelors Business Administration The George Washington University, Washington, DC Spring 2000 - Graduated Summa Cum Laude from the School of Business with concentrations in Finance and International Business - Recipient of the John Henry Cowels award for outstanding academic achievement in the International Business Program Study Abroad Orford University, Oxford, England 1998 - Studied business practices of Great Britain through interactive case studies with top international firms VOLUNTEER EXPERIENCE: - Treasurer, Billings Ranch Home Owners Association, Ashland, OR Sept. 2016 - Present - Group Coordinator, Strolling Moms, Charleston, SC _ i 2014 - 2015 - Liturgy Committee Chair and Pastoral Council Member, St. Peter's Church, Memphis, T jl~~... ; 2011 - 2013 i I ~JfjJj~f r r a~ r a B 1 : rrr-~ rws 1 / 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 cvashland.onus. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Dame Saladin Amery Requesting to serve on: Citizen Budget Committee (Commission/Committee) Address 419 Waterline Road Ashland OR 97520 Occupation self employed Phone: Home 970-274-6937 Work Email samery26@gmaii.com Fax 1. Education Background Ithaca College NY What schools have you attended`:' What degrees do you hold? BA English Literature Minor in Psychology What additional training or education have you had that would apply to this position? I worked in finance for over 20 years in various managerial capacities, building trading, sales and structureing platforms that required producing and managing business plans and budget allocations 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? I have held the position of President of Bank of America Securities Japan, along with Managing Director positions responsible for a multitude of people and business lines that had to deliver a return on investment each year. These positions reguried that I not only produce sound business plans, but also the ability to understand and decipher the budgets necessary to accomplish them, in delivering to the bottom line. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes if the training makes sense and my schedule permits then I would be happy to attend g~ V n 3. Interests Why are you applying for this position`? I feel I have the necessary skill set and the time to allow me to make myself available to the committee. can imagine the responci i i y a e committee bears and wish to be a part of that process and contribute to the community that have chosen to live in an raise my c i ren. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer- day or evening meetings Yes I can be available, evening meetings would likely be best 5. Additional Information How long have you lived in this community? I moved to Ashland in November 2014 Please use the space below to summarize any additional qualifications you have for this position l hold financial licenses as per the following, US Series License 3, UK Financial License FSA (Equivalent to the US Series 7), JSDA Financial License for Japan, HKMA License 1 for Hong Kong and the STMA Financial License for Singapore and Australasia. I have lived, worked and traveled in multiple contries across the world and I believe along with my work experience, I would be a strong addition to the committee Oct 28th, 2016 Date Signature ♦r.l► It 3. Interests Why are you applying for this position? I feel I have the necessary skill set and the time to allow me to make myself c avai the committee, can imagine the respond i a e Comm ee tt boars and wish to be a part of that process and contribute to the community vy ave en live in an raise my c i ren. r r Y Are you available to attend special meetings, in addition to the regularly scheduled naetiugs?' Do you prefer day or evening meetings? Yes' I can be available, evening meetings would likely be best 51 Mdiiti ' I Information < I moved to Ashland in November 2014 How long have you lived in this community, onal qualifications you have for this Please.use:the space below to summarize any additi rl. . pC1Sit1oI1:. I hold financial licenses as per the following, US Series License 3, UK -Financial Incense FSA (Equivalent to the US Series 7), JSDA Financial License for Japan, HKMA License 1 for Hong Kong and the STMA Financial License for Singapore and Australasia. I have lived, worked and traveled in multiple conbiies across tine world and I believe along with my work experience, I would be a strong addition to the committee r 4. G< f „ Oct 28th, 2016 Date Signature SALADIN AMER'Y BY' Saladin Amery PERSONAL Name SALADIN AMERY Date of Birth/(Age) February 24, 1966 Nationality British Marital Status/Children Married i Two children Address 419 Waterline Road Ashland OR 97520 USA Telephone (mobile) US 970-274-6937 EDUCATION & QUALIFICATIONS Ithaca College, Ithaca NY B.A. English Literature 1987 Minor: Psychology Licenses SFA J SDA Series 3 HKMA License I Languages English, Farsi & some Japanese Interests: Skiing, squash, golf, tennis, mountain biking, writing, politics, arts and adventure Page Saladin Amery CAREER SUMMARY Peris Capital Advisors Pte, Ltd. Managing Director. Established the company, Peris Capital Sept 2008 Present Advisors, in Singapore. The Company engages in advisory work, origination and capital raising out of Asia, for third party funds and individual projects. Aug 2004 - Jan 2008 Bank of America Asia Ltd, Managing Director, Head of Global Structured Products & Principal Finance for- all of Asia. Managing and participating in, and actively marketing, originating and structuring, while overseeing the groups, originating, marketing, structuring and trading of GSP products, which included, credit cash & synthetic, loans, ABS/MBS, project finance etc . Also a member of the Asia Senior Management Committee Sep 2001 N Aug 2004 BA NC OF AMERICA SECURITIES JAPAN, INC President and board member of, Banc of America Securities Japan and Managing Director, Head of Global Structured Products for all of Asia, and member of Global Management Committee for GSP. As President and board member of Banc of America Securities Japan, I oversaw all individuals and managed all the activities under the Banc of America Securities umbrella, ranging from trading, sales, marketing, stnzcturing, compliance, risk, administration, licencing, regulatory, etc within Japan. As Head of GSP & Principal Finance for all of Asia, I managed and participated in and acted as a marketer, originator and structurer, while overseeing and managing the groups, marketing, origination, structuring, and trading of the products, which included, credit cash & synthetic. loans, ABS/MBS, project finance etc throughout Asia. While at the same time, overseeing the overall activities of the companies securities business in Japan. Page 4 Saladin Amery UBS Warburg Japan Ltd, Oct 2000 Sep 2001 Director, responsible for building Structured Credit Products team to focus on CDO/CLO, ABS and Structured Funds, throughout Asia. PaineWebber Asia (Japan) Inc Jan 1995 - Sep 2000 Senior Vice President, responsible for Structured Products for all of Asia. CBO/CLO/ABS, Structured Funds, Credit Derivatives, Securitization, Rates, Equity & FX Derivatives, etc. Including trading the US Corp book during Asia hours. Kidder Peabody International (Japan) Mar 1993 Dec 1994 Vice President, focussed on building a Structured Products Group in Asia, on all aspects of derivatives, from structured notes and repackaged derivative instruments, credit, tax, interest rates, equity and FX related. Kidder Peabody International (London) Sep 1987 Feb 1993 Sr Trader & Head of the US Government trading desk. Responsible for all Cash, Strips, OTC Options and Agency products. Running a proprietary book, that also serviced institutional and retail clients. CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY CONIMISSION/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 ehri~teNt 'ash_land,oryiis. if you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. 1~i4-1(-No2k Name _ (2 Requesting to serve on0rt i t ZAN"S A4) j wtA(Commission/Committee) Address Oecupatio Phone; Home 2 Z Work EmaiI C~ptjl i5 (o- ; Y (AH00 item Fax. 1. Education Background What schools have you attended? L1ty 1 V Q N i V ~ it &IFA-, m m06 5w o Ar+- C>?.,t, ~ What degrees do you hold? t- at additional training or education have you had tat would apply to this position? Nj,~ Sti.. Jr hk M~+n ~r ZSek bw~ k~~tttalt± _ 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? A4 14.4 \4j Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? (010 VA kg-k rk ~ w t~,~.=-s L&I Scanned bv CamScanner 3. Interests Why are you ap 17i g fo3 {t!:,;s 'L~. eti,~..~ ~ 4 ~ r I x y # yj Y' ,t 1`a ~ ~4''~♦ t t i'" j A ; f T✓ ! (y`.L L tom..-',' ' 1 CZ - 1 : z 'a 1 r i r 4. Availability Are you available to attend _ al m~:i^~,-s, in a o td's. meetings? Do tiou prefer day or evening 5. Additional Information How long have you lived in this co=u:.ziiry? Please use the space beloL-*' to summsnz any &I'litEonal .xxu M\ ~ fol thl position.-' ~ `_X 1 V- t~A kM flu n.1-1 -021 f l }1t •CL Sig ttt t V' Ito Date Scanned by CamScanner CITY OF ^AS H LA N D Council Communication January 17, 2017, Business Meeting Further Action for the Replacement of City Hall FROM: Kaylea Kathol, Public Works Project Manager, kayleakathol@ashland.or.us SUMMARY As directed by Council, staff hired Ogden Roemer Wilkerson Architecture (ORW) to study the feasibility of replacing City Hall based on conclusions of a previously completed seismic evaluation that identified the need to provide a seismically safe City Hall for employees and citizens conducting City business. This staff report recommends the next phase of the replacement effort, a decision- making process spearheaded by a citizen task force. Approval of the recommendation in this report will result in the formation of an ad-hoc committee that will provide a recommendation and funding strategy to Council for the replacement of City Hall based on the findings of the feasibility study. BACKGROUND AND POLICY IMPLICATIONS: The BN 2015-17 budget appropriates $100,000 to study the replacement of City Hall pursuant to the Council's 2014 strategic planning initiative. Planning for the replacement of City Hall was addressed by the City Administrator during the June 15, 2015 study session. The Council requested an updated seismic analyses be performed using budgeted funds prior to moving forward with a feasibility study. Staff contracted with Miller Consulting Engineers to update the seismic study of City Hall completed in 1994. The updated report was presented to the Council at the February 1, 2016 study session. The report concluded occupants may not be able to exit the building safely following a major seismic event as City Hall is not expect to withstand significant seismic activity such as the impending Cascadia subduction zone earthquake. A seismic retrofit could provide safe egress from the building, but the tremendously high unit cost (approximately $602 per square foot in 2016 dollars)' of rehabilitation, plus the further reduction of usable space in a building that is already cramped and dysfunctional, lead the City to explore the feasibility of replacing City Hall. Council recommended staff move forward with the City Hall replacement feasibility study analyzing the current location, the Community Development Building, and the Lithia Way parking lot as the three site-specific options. In June of 2016, the City contracted with Ogden Roemer Wilkerson Architecture (ORW) to conduct the feasibility study. While the study was motivated by the need to provide a building that ensures the safety of employees and customers, the City and ORW also recognized that any potential replacement must accommodate the City's current and long term (15 years) space needs. Accordingly, a space ' The seismic evaluation included an opinion of probable project costs, but did not explore any ancillary costs, including soft costs, temporary facilities for displace employees, and necessary upgrades to MEP systems and ADA access. City commissioned Vitus Construction to develop a total project cost estimate for a seismic retrofit. Vitus's total project estimate of $602/square foot in 2016 dollars was attached to the seismic evaluation report presented to Council on February 2, 2016. Page 1 of 4 OW CITY OF ASHLAND needs analysis was incorporated into the study. The space needs analysis included all departments and functions in City Hall and in the Community Development building in order to verify if consolidation was appropriate based on the site alternatives. Description of Alternatives The City's space needs were vetted for seven seismic remediation alternatives at the three site options. The alternatives are described succinctly below. The list also includes two alternatives that were discussed initially following the results of the 2015 seismic evaluation of City Hall (initial alternatives are referred to as alternatives i-1 and 1-2 in this staff report). In all nine alternatives are concisely compared herein, including: Alternative Description i-1 City Hall (seismic retrofit only) and Community Development (no change), evaluated in January 2016, prior to Feasibility Study i-2 City Hall (build new, do not expand) and Community Development (no change), evaluated in January 2016, prior to Feasibility Study 1 City Hall (build new & expand) + department consolidation 2 City Hall (retain historic fagade & expand) + department consolidation 3 Community Development, expansion + department consolidation 4A City Hall (build new & expand) and Community Development (some interior remodel) 4B City Hall (retain historic facade & expand) and Community Development (some interior remodel) 5A New building at Lithia /Pioneer (dept. consolidation), 20 surface parking + 50 underground parking stalls 5B New building at Lithia /Pioneer (dept. consolidation), 20 surface parking + 100 underground parking stalls Comparison of Alternatives The nine alternatives are compared in terms of feasibility and modeled costs in Table 1. Feasibility is defined as an alternative's ability to accommodate the City's long-term space needs. While each of the nine alternatives offers seismic protection, not every alternative can provide the space needs of the departments that currently occupy City Hall and Community Development. The costs provided below were based on an assumption that construction would begin 2021. Page 2 of 4 PWW..& CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council request the Mayor appoint an ad-hoc committee to advise the City Council on whether to pursue a General Obligation Bond for the replacement of City Hall and to identify which replacement alternative, if any, should be on the levy. SUGGESTED MOTIONS: I move to recommend the establishment of an ad-hoc committee to vet a replacement alternative and funding mechanism for replacing City Hall. ATTACHMENTS: Ashland City Hall Replacement Feasibility Study - Final Report October IT, 2016 Study Session Staff Report October 17, 2016 Power Point Presentation June 20, 2016 Study Session Staff Report February 1, 2016 Study Session Staff Report Miller Consulting Engineers City Hall Seismic Evaluation June 15, 2015 Staff Report Page 4 of 4 l haw.; ~ A O G D E N R O E M E R W I L K E R S O N ARCHITECTURE a ;fr a A y A' a ` ~a Y ) a i R :t low* Y - Ashland City Hall 'ANI Replacement Feasibility Study Final Report 21 November 2016 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Executive Surnmary Page 1 Space Needs Analysis Page 4 Design Options Page 16 Public Involvement Page 26 Cost Model Page 30 Appendices Page 33 City of Ashland Mayor John Stromberg Councilor Greg Lemhouse Councilor Pam Marsh Councilor Michael Morris Councilor Rich Rosenthal Councilor Stefan] Seffinger Councilor Carol Voisin Dave Kanner, City Administrator Kaylea Kathol, Project Manager Mike Faught, Public Works Director Scott Fleury, Engineering Manager Ann Seltzer, Management Analyst ORW Architecture ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Ashland City Hall is a historic, unreinforced masonry structure in downtown Ashland and houses Administration, Finance, Legal and City Recorder offices. Approximately one block away is Ashland's Community Development Services Building that houses Building, Planning, and Public Works Engineering offices. Due to level changes, six entries, and a demising wall through the center of City Hall, workspace within City Hall is crowded, inefficient, and borderline dysfunctional. In addition, Miller Engineering studied City Hall's structural system in 2015 and declared the historic structure vulnerable to collapse in a seismic event. The physical deficiencies of City Hall, in combination with the City's desire to serve the public more efficiently and effectively by consolidating services and right-sizing workspaces, served as a catalyst for the 2016 Ashland City Hall Feasibility Study. The Feasibility Study identified the amount of space needed in a future consolidated City Hall (using 2021 and 2031 as planning milestones), explored how it would optimally be configured on three different sites (the City Hall site, the Community Development Services site, and a city-owned parking lot on Lithia Way and N. Pioneer), and modeled the costs of each. In four options, the study consolidated City Hall and Community Development departments into a single structure with the aim of delivering city services efficiently and conveniently for the public. A fifth option retained both existing buildings, and expanded and reconfigured departments within them. Consolidating functions in City Hall aims to improve how the public access city services, and create workspaces that facilitate staff productivity. In options that consolidate departments, the plan includes a larger front counter on the ground floor so the majority of public business transactions such as utility payments, permits, and business licenses, occur at a single location. In all options, particularly those at City Hall, space will be organized to facilitate collaboration where needed, facilitate focused work where needed, and minimize distractions that lower productivity. ORW Architecture interviewed City staff in each department to determine optimal adjacencies and quantify projected staff and area needs with planning horizon milestones of 2021 (the earliest potential move-in date) and 2031 (providing for future growth). The gross area for 2021 was 23,017 square feet, and 2031 was 24,352 square feet. Because the additional area to accommodate modest future growth was relatively small, the 2031 area was used to test design options. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 1 r s i C : Seven feasibility options (Options 4 and 5 have variations) were explored on three sites, each with a different set of opportunities and constraints. The intent of the explorations was to identify significant design issues and determine if the options were feasible. Five of the options provided sufficient space to accommodate the program area, were deemed feasible, and cost modeled. Option 1 consolidated City Hall and Community Development departments on the City Hall site with all new construction. To maximize building area on the site, the option included a new basement (for storage or other non-office functions) and four additional floors, resulting in a maximum area of 18,500 SF. Because this was nearly 25% less area than needed, this option was deemed unfeasible. Option 2 consolidated City Hall and Community Development departments on the City Hall site with mostly new construction, but preserved the majority of north and west walls to maintain the building's historic features. Similar to Option 1, due to the lack of available area this option was deemed unfeasible. Option 3 consolidated City Hall and Community Development departments on the Community Development site. This option maximized the use of the existing building's structure and expanded the building an additional two levels to provide the needed area. While slightly less area than needed, this option was deemed feasible. Option 4 maintained both existing buildings by expanding City Hall (basement plus three floors) and reconfiguring the Community Development building. This Option was deemed feasible and could be implemented as Option 4A (all new construction at City Hall), or Option 4B (preserving the two historic walls). Option 5 consolidated City Hall and Community Development departments on the Lithia Way and North Pioneer site with all new construction including some surface parking spaces and some underground parking spaces. This option was deemed feasible and could be implemented as Option 5A (with one level of underground parking to satisfy zoning code requirements), or Option 5B (with two levels of underground parking to satisfy the zoning code and provide additional public parking). ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 2 i €1 s The project sought public input through an Open House, and digitally through Open City Hall on the City's website. The involvement plan was designed to share project information, gather input, and present information to the Mayor and City Council. The Open House engaged approximately 65 attendees, and Open City Hall experienced 139 visitors with 28 responses. Both gathered input on design priorities, with top priorities being Energy Efficiency, Public Access, whether the project should be located on or off the plaza, and whether the project should be a city priority. Both gathered input on cost priorities, with a preference on delivering design priorities over cutting priorities to reduce project costs. Feasible design options (Options 3, 4A, 4B, 5A, and 5B) were cost modeled in collaboration with Adroit Construction. Costs included construction, moving, temporary offices and utilities for options that required temporary displacement of City staff during construction, and estimated escalation to 2021. Cost models were established on a cost per square foot basis for an assumed level of quality and other factors specific to each option such as a constrained site, protecting portions of the existing building, and structured parking. Option 3 (consolidated functions at an expanded Community Development building) in 2016 is estimated to be $7.28 million, and in 2021 is estimated to be $9.52 million. Option 4A (all new construction at an expanded City Hall plus some reconfiguration of the Community Development building) in 2016 is estimated to be $6.54 million, and in 2021 is estimated to be $8.54 million. Option 4B (mostly new construction at an expanded City Hall while preserving historic walls, plus some reconfiguration of the Community Development building) in 2016 is estimated to be $7.41 million, and in 2021 is estimated to be $9.68 million. Option 5A (all new construction at Lithia Way and North Pioneer with one level of underground parking) in 2016 is estimated to be $ 12.35 million, and in 2021 is estimated to be $16.14 million. Option 5B (all new construction at Lithia Way and North Pioneer with two levels of underground parking) in 2016 is estimated to be $ 14.97 million, and in 2021 is estimated to be $19.57 million. Refer to the body of the report and the appendix for additional information on each section. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pace 3 ORW Architecture surveyed spaces within City Hall and the Community Development Services building, and interviewed City staff in each department to determine optimal adjacencies and quantify projected staff and area needs with planning horizon milestones of 2021 (the earliest potential move-in date) and 2031 (providing for future growth). While Ashland's population has grown slowly, city services are robust and evolve as needed. The space needs program allows for modest future growth and flexibility to accommodate restructuring of departments and staff positions. Both City Hall and the Community Development Services Building lack sufficient meeting space for internal and public meetings. The space needs program proposes additional shared meeting rooms, and some enclosed offices include space to accommodate small meetings. A consolidated City Hall needs to balance a sense of welcome with a reasonable degree of security; rooms with public access, including most meeting rooms, should be located on the public side of a secure counter. Most workspaces in City Hall are cramped, poorly organized, and challenged by dysfunctional conditions such as ground floor level changes, multiple entries without weather vestibules (distracting to staff), lack of confidentiality for information and meetings due to lack of space, and lack of privacy for sensitive conversations, particularly for the public regarding utility payments and arrangements. Most workspaces in the Community Development building are flexible and generally meet current staff needs, but need some room for future growth. Paper storage is significantly undersized, and the City rents off-site storage space that doesn't comply with archival document storage requirements. Digitizing many documents could occur in the future to reduce storage needs, but would need dedicated staff to implement. The program proposes compact storage to efficiently address current and future needs, reduce rented storage fees, and open space in Community Development for future office growth. The adjacent table shows an area summary of all departments. Net Square Foot (NSF) areas were developed for each department and includes circulation within departments. The summary includes a grossing factor to account for vertical circulation, building corridors, exterior walls, and service and mechanical spaces to arrive at Gross Square Foot (GSF) areas for 2021 (23,017 GSF), and 2031 (24,352 GSF). Because the additional area to accommodate modest future growth was relatively small, the 2031 area was used to test design options. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pa ae 14 ~ = ~ I P ~CI Projected Space Data 2021 2031 Dept 18% 2021 Dept 18% 2031 Divisions Staff NSF Gross GSF Staff NSF Gross GSF Administration 3811 1.18 4497 4054 1.18 4784 City Administrator/Mayor 1253 1.18 1478 1497 1.18 1766 HR 390 1.18 460 512 1.18 604 Legal 1695 1.18 2000 1695 1.18 2000 City Recorder 356 1.18 420 356 1.18 420 Shared 187 1.18 221 187 1.18 221 Administrative Services 3193 1.18 3768 3715 1.18 4383 Accounting 765 1.18 903 887 1.18 1047 Customer Service/UB 678 1.18 800 800 1.18 943 Finance 1029 1.18 1214 1307 1.18 1542 Shared 721 1.18 851 721 1.18 851 Community Development 4566 1.18 5388 4688 1.18 5532 Community Development 790 1.18 790 790 1.18 790 Planning 868 1.18 868 868 1.18 868 Building 1420 1.18 1420 1542 1.18 1542 Shared 1 196 1.18 1 196 1 196 1.18 1 196 Public Works Engineering 3460 1.18 4083 3704 1.18 4371 Total Staff Spaces 71 80 Common Areas 4476 1.18 5282 4476 1.18 5282 TOTAL AREA 23017 24352 Vertical Circulation 8% Corridors/Ext. Walls 7% Custodial/HVAC 3% Total Grossing Factor 18% ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 5 The Administration department comprises the Mayor, City Administration, Human Resources, Legal, and the City Recorder. While most proposed meeting rooms are intended to be shared by all departments, each department has at least one meeting room located nearby that is sized for its particular need. The Mayor's office shares a small waiting area with the City Administrator, and benefits from being nearby but doesn't need to be adjacent. The City Administrator should be adjacent to the (future) Assistant City Administrator and should not be immediately adjacent to the waiting area due to the public hearing internal conversations when doors are open. The Administration staff works most closely with Human Resources, Legal, and Finance. Because of the meeting- intensive work of Administration, the City Administrator and Assistant Administrator have room for meetings within their offices. A small waiting area is located near Administration and could accommodate locked file storage for the department. Human Resources staff need enclosed offices due to the sensitive nature of their work. HR staff are currently located adjacent to the City Administrator and Mayor but would benefit from a bit of distance to maintain discretion for visiting staff. An additional part-time staff position is anticipated in the near future and could be shared with an adjacent department. HR has significant file storage for current staff and recruitment. The Legal division needs some degree of autonomy to perform duties with confidentiality and impartiality. While legal staff work with all City departments, the closest working relationship is with Administration and Finance due to extent of contract work, but the department needs some physical separation or buffering to retain impartiality. Legal occasionally interfaces with the public but primarily serves the City divisions and should be located away from the primary public entrance to maintain confidentiality for meetings and paperwork. The paralegal also serves the reception function and requires some degree of privacy for confidential paperwork when not at desk. The Law library is primarily for meetings but includes some books; if needed the books could be located in an open area outside the meeting room but should be easily accessible within the division. The paralegal currently collaborates with administrative assistant to the City Recorder (primarily for accessing documents); this adjacency is useful but not required. The City Recorder is an elected position and serves many functions such as elections officer, City Council clerk, public notices, OLCC and Taxi licenses, and handles important City documents. The Recorder office is primarily paperless but needs access to a small locked file room for older files and books. Should be accessible to the public to accommodate interaction but not immediately adjacent to the lobby to facilitate quiet, focused work. Support staff can be in an adjacent open office but performs focused work (writing Council minutes) and needs a bit of distance from public entry to protect from distraction. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 6 2021 Projected S ace Data Space NSIF Program Space Type Qty New Size Area Remarks Administration Mayor 0-2 1 12 x 15 180 2-4 person table City Administrator 0-1 1 15 x 18 270 6 person table Assistant Administrator 0-2 1 12 x 15 180 Adj. to City Admin Executive Assistant WS-1 1 12.5 x 8 94 Management Analyst 0-3 2 10 x 12 240 Human Resources HR Manager 0-2 1 15 x 12 180 4 person table HR Analyst 0-3 1 10 x 12 120 2 person at desk, future shared Admin/HR Position 0-3 1 10 x 12 120 Near-term future may be shared Legal City Attorney 0-2 1 12 x 15 180 2 person table Asst. City Attorney 0-2 2 12 x 15 360 2 person table, 1 new for 2021 Paralegal/Admin WS-1 1 12.5 x 8 94 Near library, copy, files City Recorder City Recorder 0-2 1 12 x 15 180 2 pers table, near entry, not adj. Administrative Assistant WS-1 1 12.5 x 8 94 Focus work, role may transition Total 2021 Staff Spaces 15 Shared Spaces Waiting Area 1 10 x 12 120 Near City Admin, locked files Law Library Meeting G-4 1 12 x 14 168 8 person table, LCD, books Law Library books/resources 1 2 x 14 28 May be outside meeting room Legal File Storage 1 8 x 10 80 Locked file storage City Recorder File Storage 1 10 x 10 100 Adj. locked file storage 8 Person Conference Room G-2 1 12 x 12 144 Flat screen & whiteboard Sub-Total 2931 Circulation Factor 30% 879 TOTAL AREA 2021 3811 2031 Projected S ace Data Administration Future Analyst WS-1 1 12.5 x 8 94 May be .5 HR FTE Parking Coordinator/flex WS-1 1 12.5 x 8 94 Total 2031 Staff Spaces 2 Sub-Total 188 Circulation Factor 30% 56 TOTAL AREA 2031 4054 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 7 The Administrative Services department comprises the Customer Service/ Utility Billing (CS/UB), Accounting, and Finance division. CS/UB is the front face of the department; Accounting and Finance are quiet functions away from the front counter. The divisions are not currently adjacent; in a future building or reconfiguration more adjacency would be useful as long as acoustic separation is maintained and distractions for focused work are minimized. The Customer Services/Utility Billing division handles frequent, short, and occasionally negatively charged interactions due to general government concerns, anti-government sentiments, parking tickets, and discussions on utility costs, shut-offs, and collections. Since this occurs at the front door in a small waiting area, these can be disruptive and negative. To accommodate these discussions and other spontaneous meetings, a small, unscheduled Customer Service conference room is located near the front entry. Cashier workstations at the front counter should have a moderate degree of privacy for financial discussions. Cashiers handle significant cash, need access to a safe, and need additional security and staff support near the front counter to address security issues. Billing Clerks serve the front counter and need relatively equal and close access to the counter. The CS/UB Division Manager needs an enclosed office with the ability to see staff workstations and the front counter to support staff when needed. A small, open (iron) station is needed for parking attendant staff to download ticket data. Accounting and Finance perform many focused tasks and need acoustic separation from entry and lobby, but interact with several City departments for timesheets, forms, checks, etc. A nearby meeting room will serve the department and annual projects such as audits, training, and software conversations. Finance works most closely with Human Resources, Legal, and Administration. Many financial records are stored off-site and accessed occasionally. Some could be digitized and others need to be stored as hard copies (Payroll must be kept for 75 years). A purchasing representative (part of Finance) currently works at the Service Center to coordinate with shipping/ receiving and process goods; the program accommodates a purchasing workstation in case this position is relocated to Finance. Future needs include a Division Manager for Finance and three clerks (one for each division). ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pace 8 2021 Projected Space Data Space NSF Program Space Type Qty New Size Area Remarks Accounting Accounting Div. Manager 0-3 1 12 x 10 120 desk w/ small 2 per, new for 2021 Accountants WS-1 2 12.5 x 8 188 Financial Clerks (AP, AR, PR) WS-1 3 12.5 x 8 281 Cust. Service / Utility Billing CS Div. Manager 0-3 1 12 x 10 120 desk w/ small 2 per, new for 2021 Billing Clerk WS-1 3 12.5 x 8 281 Cashier WS-4a 2 7.5 x 8 120 Front Counter adi to lobby Finance Director of Admin Svs./Financ 0-1 1 15 x 18 270 4 person table Fiscal Services Clerk WS-1 1 12.5 x 8 94 Admin Assistant WS-1 1 12.5 x 8 94 Program Manager (Risk) 0-3 1 12 x 10 120 Program Mgr (Purch/Contract) 0-3 1 12 x 10 120 Near-term future position Purchasing Rep WS-1 1 12.5 x 8 94 Ability to consolidate Service Ctr Total 2021 Staff Spaces 18 Shared Spaces Front Counter 1 6 x 14 84 2-3 stations Safe 1 4 x 4 16 Cash, check stocks ITRON Station WS-5 1 7.5 x 6 47 Meter reading equipment 6 Person Cust Serv Conf Rm G-1 1 12 x 10 120 Adi. to main lobby 8 Person Conference Room G-2 1 12 x 12 144 Training, audits Copy Room Shared with common File Storage 3 6 x 8 144 1 for each Division Sub-Total 2456 Circulation Factor 30% 737 TOTAL AREA 2021 3193 2031 Projected Space Data Finance Finance Division Mgr. 0-3 1 12 x 10 120 Financial Clerk (Finance) WS-1 1 12.5 x 8 94 Accounting/Cust Svs Financial Clerk (Acctg) WS-1 1 12.5 x 8 94 Financial Clerk (Cust Svs) WS-1 1 12.5 x 8 94 Total 2031 Staff Spaces 4 Sub-Total 401 Circulation Factor 30% 120 TOTAL AREA 2031 3 715 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pace 9 3 3 Jai "a f-..,, ^ IL-10 J-1 i The Community Development department comprises Building and Planning divisions. Visits to Community Development are fewer and longer than visits to City Hall. The vast majority of public meetings are cordial but some are negatively charged and improved security is desired. Over-the-counter permitting (currently processed one day a week) requires a larger front counter to accommodate review of building plans, convenient viewing of permit technician monitors from both sides of the counter, and a small open office area near the front counter for plan intake and Fire Marshall reviews. Building staff are grouped with the Building Official in an enclosed office and adjacent to a collaborative open office area for building inspectors. One 8-person meeting room is in constant use; the program calls for a 12-person dividable meeting room to accommodate small meetings simultaneously but combine to accommodate a larger group when needed. Senior Planning Staff are grouped and need enclosed offices to accommodate small meetings. The Administrative supervisor needs proximity to Community Development Director and front counter administrators. A small open office area away from the counter is desired to accommodate focused work or an intern. Building and planning are going to an electronic permitting process near the end of 2016. It will reduce the need for plan/file storage, but will likely mean an increase in plotting and a larger shared copy room. Community Development has an archive storage room that could partially be allocated to office or meeting space if compact storage is provided in a future building. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pcge 10 2021 Projected Space Data Space NSF Program Space Type Qty New Size Area Remarks Community Development Director Community Dev. 0-1 1 15 x 18 270 4 person table Admin. Supervisor WS-1 1 12.5 x 8 94 Permit Technician WS-3 2 7.5 x 10 150 Permit Center Manager WS-1 1 12.5 x 8 94 Code Compliance WS-3 1 7.5 x 10 75 Housing Program Specialist WS-3 1 7.5 x 10 75 Planning Planning Manager 0-3 1 12 x 10 120 2 person table Senior Planner 0-3 2 12 x 10 240 2 person table Associate Planner 0-3 1 12 x 10 120 2 person table Assistant Planners WS-1 2 13 x 8 188 Space for drawing layout Building Building Official 0-3 1 10 x 12 120 Need standing stations Building Inspectors WS-1 3 12.5 x 8 281 1 new proposed 2016 Admin/Electric Conservation Admin Dept but near Planning Electric Conservation Analyst WS-1 2 12.5 x 8 188 Webinars, equip storage, dwgs Electric Management Analyst WS-1 1 12.5 x 8 94 Total 2021 Staff Spaces 20 Shared Spaces Front Counter 1 5 x 16 80 2 techs+computers, customers Lobby/Waiting 1 10 x 18 180 Plan Review WS-3 1 7.5 x 10 75 Fire Marshall, standing station Plan Intake WS-3 1 7.5 x 10 75 Near counter Flex/Intern/Minutes Station WS-3 1 7.5 x 10 75 Focused work away from noise 12 Person Conf. Room 1 10 x 24 240 Pre-Apps, dividable, near lobby Copy Room 0-7 1 12 x 10 120 Shared with PW Recommend compact system. Arch ive/Dwg/File Storage 1 20 x 28 560 Excludes l 00sf at ComCtr. Sub-Total 3513 Circulation Factor 30% 1054 TOTAL AREA 2021 4566 2031 Projected Space Data Building Building Inspectors WS-1 1 12.5 x 8 94 Total 2031 Staff Spaces 1 Sub-Total 94 Circulation Factor 30% 28 TOTAL AREA 2031 4688 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page I I Public Works management and engineering staff are located at the Community Development building. Public Works staff oversee City infrastructure, maintain utility locations, manage design and construction projects, issue right-of-way permits and maintain GIS maps. Staff participate in pre-application conferences and other front counter interactions with the public but typically less than Community Development staff. Staff need access to both digital and hard copy maps for collaboration and use, particularly when digital access is unavailable such as an electrical outage or seismic event. The program includes a Map Library area (open or enclosed) that accommodates map and document flat file storage, pin-up area, and space for small meetings or collaborative reviews. Public Works shares a large copy room with Community Development and needs a separate, smaller area for plotting and copying. If City Hall is outfitted with compact storage, some of Public Works archives could be digitized or relocated, and some of the current archive space could be used for future office or meeting space. Staff frequently use existing showers and changing rooms. Showers are included in the program and need improved changing accessories (benches and hooks) and separate access to lockers when showers are in use. The program includes future growth for an Engineering supervisor or Project Manager, and an engineer. In the near future Public Works anticipates intern assistance, and the program accommodates two small or a larger shared intern workstation area. ORW Architecture ; Ashland City Hall Replacement Feasibility Study - Final Report Page 12 2021 Projected Space Data Space NSF Program Space Type Qty New Size Area Remarks PW Engineering Director Of Public Works 0-1 1 15 x 18 270 4 person table Senior Engineer 0-3 1 12 x 10 120 2 person table Admin. Supervisor 0-3 1 12 x 10 120 2 person table Engineering Services Mgr. 0-3 1 12 x 10 120 2 person table GIS Manager 0-3 1 12 x '10 120 2 person table Admin. Staff WS-3 2 7.5 x 10 150 1 nr Dir + Spvsr, 1 nr counter Engineering/PM WS-1 5 12.5 x 8 469 Inspection, Traffic, Survey Flex/Interns WS-3 2 7.5 x 10 150 Near-term future GIS Division WS-1 2 12.5 x 8 188 Water Conservation WS-1 2 12.5 x 8 188 Total 2021 Staff Spaces 18 Shared Spaces Front Counter 1 5 x 8 40 tech+computer, customers 6 Per. Conf. Room G-1 1 12 x 10 120 Pre-Apps, near lobby Maps/Document Library 1 12 x 14 168 Dwg storage, table, pin-up, mtg Plotter/Copy Area 1 8 x 10 80 Large plotter, paper storage Arch ive/Dwg/File Storage 1 18 x 20 360 Recommend compact system Restrooms with Showers Included in Common Areas Sub-Total 2662 Circulation Factor 30% 799 TOTAL AREA 2021 3460 2031 Projected Space Data PW Engineering Engineering/PM WS-1 2 12.5 x 8 188 Total 2031 Staff Spaces 2 Sub-Total 188 Circulation Factor 30% 56 TOTAL AREA 2031 3704 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 13 Many of the City's common areas, particularly those in City Hall, are undersized, poorly organized, and create distractions for staff. Redesigned common areas should improve efficiency and collaboration, and reduce disruption. Current meeting space in City Hall is significantly undersized. The program proposes all meeting rooms be shared throughout the City, but at least one meeting room is located adjacent to or within each department. A larger, flexible public meeting room is included with an adjacent storage room for furnishings. The current main copy/mail room can remain shared but is undersized. The program proposes additional counter space for collating Council packets and LUBA records. All restrooms in City Hall are located immediately adjacent to workspaces. Future restrooms need some degree of separation and acoustic isolation. Showers currently exist in Community Development and area well used; a future building needs to maintain showers and separate lockers from the shower area. A Lactation/Quiet Room is provided for nursing mothers and staff who need a temporary quiet space (migraines, etc.). The City Hall Breakroom is significantly undersized and open on two sides which effectively makes it a corridor. The openness combined with its central position makes it disruptive for adjacent staff, and the corridor condition makes it disruptive to staff using it as a breakroom. A future Breakroom should be acoustically separated from adjacent workstations and be large enough to accommodate multiple groups. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 14 vr~,z) Space Data Space NSF Program Space Type Qty New Size Area Remarks Women's Restrooms 2 16 x 8 256 2 stalls each Men's Restrooms 2 16 x 8 256 2 stalls each All Gender Restrooms 2 5 x 8 80 Shared with Public Shower Rooms 2 5 x 8 80 Benches. Lockers in restrooms Lactation/Quiet Room 1 8 x 10 80 Sink, dorm fridge, comfort chair Lobby 1 12 x 18 216 Adi to UB cashiers Entry Vestibule 1 8 x 10 80 Weather protection, flyers Breakroom 1 18 x 22 396 Split if depts not consolidated Coffee Point 1 4 x 6 24 Alternate floor than breakrm Copy / Mail Room 1 15 x 20 300 Shared, collating island, plotter Replaces rented units ($5K/Yr). File / Archive Storage 1 25 x 30 750 Recommend compact system 50-90 Person Conf. Room 1 25 x 36 900 Public meetings 50-90 Person Conf. Storage 1 4 x 8 32 Furnishings Police Contact Station 1 14 x 20 280 Exterior access, public counter Shared Spaces in Departments 6 Person Cust Serv Conf Rm G-1 1 10 x 12 Near Entry & Utility Billing 6 Person Conf. Room 1 10 x 12 Near Com Dev & Public Wks 8 Person Conference Room 1 12 x 12 Near Admin 8 Person Law Library/Conf Room 1 14 x 14 Near Legal & Admin 8 Person Training/Conf Room 1 12 x 12 Near Finance & Accounting 12 Person Dividable Conf Room 1 10 x 24 Near Com Dev & Public Wks Sub-Total 3 730 Circulation Factor 20% 746 TOTAL AREA 2021 4476 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 15 3 I 1A Seven options (Options 4 and 5 have multiple variations) were explored on three sites, each with a different set of opportunities and constraints. The intent of the explorations was to identify significant design issues and determine if the options were feasible. Five of the options provided sufficient space to accommodate the program area, were deemed feasible, and cost modeled. Each of the options includes a list of unique considerations and a set of floor plans showing the number of levels, the available area on each level, and context at the ground level. Option 1 consolidated City Hall and Community Development departments on the City Hall site with all new construction. To maximize building area on the site, the option included a new basement (for storage or other non-office functions) and four additional floors, resulting in a maximum area of 18,500 SF. Because this was nearly 25% less area than needed, this option was deemed unfeasible. Option 1 Considerations: • Area needed: approx 24,400 SF • Area available: approx 18,500 SF • Provide basement plus 4 levels all new construction to current building code • Consolidation enhances public convenience & governmental efficiency • Maintain location of City Hall functions • Move Community Development functions to City Hall site • Sell Community Development Building to offset project costs • Small floorplate lowers useable space & flexibility • Requires temporary staff relocation during construction • Downtown construction may impact tourism & disrupt traffic flow • Constrained Construction site more costly & time-consuming to build • Inadequate parking for public visitors and staff • City Hall within Hosler Dam inundation zone Finding: This option is considered unfeasible due to inadequate area. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pc c e 16 CZ - sip 16 J& L4 3,700 SF L3 3,700 SF ~l a E Y I, C; L2 3,700 SF r y a f' - L 1 3,700 S North Main Street ■ ■ LO 3,700 SF -Storage ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 17 9 $ °1 -wz a - i L, 3 9»i s Option 2 consolidated City Hall and Community Development departments on the City Hall site with mostly new construction, but preserved the majority of north and west walls to maintain the building's historic features. • Area needed: approx 24,400 SF • Area available: approx 18,500 SF • Provide basement plus 4 levels to current building code • Preserve historic north & west walls • 2 lower levels mostly new construction, upgrade structure of historic walls • 2 upper levels all new construction • Consolidation enhances public convenience & governmental efficiency • Maintain location of City Hall functions • Move Community Development functions to City Hall site • Sell Community Development Building to offset project costs • Small floorplate lowers useable space & flexibility • Requires temporary staff relocation during construction • Downtown construction may impact tourism & disrupt traffic flow • Constrained Construction site more costly & time-consuming to build • Historic preservation honors history, increases construction duration and cost • Inadequate parking for public visitors & staff • City Hall within Hosler Dam inundation zone Finding: This option is considered unfeasible due to inadequate area. ORW Architecture ! Ashland City Hall Replacement Feasibility Study - Final Report Page 18 i!'1 3 L4 3,700 SF 0 NMI L3 3,700 SF - - - - w L2 -37- ML SF w m m W 3,700 S L1 North Main Street LO 3,700 SF ORW Architecture 1 Ashland City Hall Replacement Feasibility Study - Final Report Page 19 Option 3 consolidated City Hall and Community Development departments on the Community Development site. The original structure was the Hillah Temple, renovated in the 1990s to accommodate City functions with additions along the north and east sides. This option maximized the use of the existing building's original Hillah Temple structure and expanded the building an additional two levels to provide the needed area. • Area needed: approx 24,400 SF • Area available: approx 22,070 SF • Maintain existing first floor plus 2 new levels • Consolidation enhances public convenience & governmental efficiency • Larger floorplate increases usable space & flexibility • Maintain location of Community Development functions • Maintain existing off-street parking & recycling area • Maintain existing public access to Alice Peil Walkway & public restrooms • Move City Hall functions to Community Development site • Relinquish City Hall Building to original owners or maintain for alternate City use • Requires temporary staff relocation during construction • Community Development within Hosler Dam inundation zone • Inadequate parking for public visitors and staff Finding: While this option offers slightly less area than the optimal area needed, the larger floorplate provides an opporunity for more useable area and a more efficient layout. This option is considered feasible. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 20 L3 6,220 SF L2 6,220 SF Fir LI 9,63055 Winbum Way ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 2 Option 4 maintained both existing buildings by expanding City Hall (with a basement plus three floors) and reconfiguring the Community Development building. This Option can be implemented as Option 4A (all new construction at City Hall), or Option 4B (preserving the two historic walls). • Area needed: approx 24,400 SF • Area available: approx 24,500 SF • At City Hall provide basement plus 3 levels, can be new construction or preserve historic walls • Provide minor reconfiguration of Community Development for future g rowth • Maintains dispersed city services, not as efficient for staff productivity • Maintains ownership of both buildings • Maintains location of City Hall & Community Development functions • Relocate large meeting room, leased storage spaces, and majority of Community Development archives to City Hall • Only City Hall requires temporary staff relocation during construction • Downtown construction may impact tourism and traffic flow • City Hall and Community Development are within Hosler Dam inundation zone • Inadequate parking for public visitors & staff Finding: This option is considered feasible. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pcge 22 L4 3,700 SF fi b-- L3 3,700 SF _ - _ - tv. L2 3,700 SF i 3 m m i r . - L 1 3,7007?" North Main Street LI 9,630 SF LO 3,700 SF ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 23 a a a Option 5 consolidated City Hall and Community Development departments on the Lithia Way and North Pioneer site with all new construction including some surface parking spaces and some underground parking spaces. This option can be implemented as Option 5A (with one level of underground parking to satisfy zoning code requirements), or Option 5B (with two levels of underground parking to satisfy the zoning code and provide additional public parking). • Area needed: approx 24,400 SF • Area available: approx 26,135 SF • New 2 level building w/ 2 levels of underground parking • Consolidation enhances public convenience & governmental efficiency • Largest floorplate increases useable space & flexibility • Maintains existing public parking • Reduces downtown parking demand by providing code required parking for new building • Access easement to adjacent property • Relinquish City Hall Building to original owners or maintain for alternate City use • Sell Community Development Building to offset project costs • Eliminates temporary staff relocation during construction • Site outside of Hosler Dam inundation zone Finding: This option is considered feasible. Due to it's large floorplate it offers organizational flexibility and the option to build another level for multi-use or future expansion. Because of it's zoning, parking is required. An access easement to the adjacent multi-use building for access and egress requires underground parking to maximize the use of the site. Parking quantity can be provided at the code minimum (surface parking plus one level underground parking) or with an additional level of public parking. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page 24 L2 & L3 141105 SF (each) f € i( € 1 ] Wf Y'~ c ; H I N K~ 3 WJ W d! t t ' GEY € - ` IIFL BOkliPJBI ' eNPLYNN iG 9~ L 1 121030 SF - v c1 THla WAY 13 SfM MY1rtM : -RTf 1e15F ' ~ ~/NPQ:YIL 44 221 Bxwwro~miAUw t- - 1 Ru9 GQ.4'i6 14 lM1il! nEL LB I & LB2 18,050 SF (each) PMIq!(ffi/~ SEA ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pace 25 a s i t ed Q CZ The project sought public involvement through an Open House, and digitally through Open City Hall on the City's website. The involvement plan was designed to share protect information through both mediums in a similar fashion, gather input, and present information to the Mayor and City Council. The Open house was advertised on Jefferson Public Radio, announced at a City Council meeting, and flyers were posted at City Hall, Community Development, the Plaza announcement board, and the Ashland Food Co-op. Approximately 65 people attended the open house, heard a presentation on the space needs and design options, had an opportunity to ask questions, and comment cards were provided for those who preferred to write their opinions. For both the Open House (in person) and Open City Hall (digital), participants were asked to indicate their top design priorities and indicate a preferred approach regarding project costs. Eight design priorities were provided, and additional priorities could be added by participants. The eight priorities were: City Hall will be designed to comply with current structural codes to safeguard staff and the public. - The design will provide convenient, universal access to core customer services for the public. - The design will consolidate the numerous departments customers access most frequently for public convenience and staff efficiency. u "I - City Hall will incorporate some timed parking spaces to accommodate public customers. - The design will meet the industry standard for Leadership in Energy and Environmental Design (LEED) and consider additional green building measures. - Reconstruction of the current City Hall will preserve and/or restore historically significant architectural features. i -City Hall workspace will be designed for staff productivity, flexibility and customer service. S ~ ; I - The design of City Hall will make a positive contribution to the streetscape and maintain the sense of place that is distinctly Ashland. At the Open House, three additional priorities ("Not a Priority", "Stay On Plaza", and "Move Off Plaza") were added during the presentation as a result of live discussion, and participants marked their top priorities with dot stickers. The first priority was Energy Efficiency, the second was Stay On Plaza and Move Off Plaza (tied), and the third was Public Access. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 26 Ashland City Hail Feasibility Study Ashland City Hall Feasibility Study Priority Input Priority Input Building Safety Building Safety Public Access Public Access. Centralized Services S Centrc:':-_ed Services • • Parking Availability ,inq AvailaJility Energy Efficiency . • _ E^•erg> cff~crencv Historic Preservation • • Historic Preservation Workplace Efficiency Wofkp;ace Efficiency Aesthetically Pleasing • Aes?i,eticaily Pleasing • lT • • •N o •0.0• `~T {Graf I _A-ZF To accommodate several dozen attendees, two identical boards were used for the dot exercise. Please note: the order of additional write-in priorities are listed differently on the boards. v' • Energy Efficiency 14 • Locate Downtown 12.5 • Locate Out of Downtown 12.5 • Public Access 12 • Aesthetically Pleasing 9 • Historic Preservation 8 • Not a Priority 7 • Centralized Services 5 • Building Safety 4 • Parking Availability 4 • Workplace Efficiency 3 ORW Architecture 1 Ashland City Hall Replacement Feasibility Study - Final Report Page 27 For both the Open House (in person) and Open City Hall (digital), participants were asked how project costs influenced their project priorities by selecting one of three cost statements: ~ My top priorities are very important to me, and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three or four priorities. While my top priorities are important, I would support a plan for a new City Hall that includes at least one of my top three or four priorities if a significant cost savings could be realized. I'd be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. At the Open House, participants marked their preferred approach with a dot sticker. The top statement selected was "My priority ranking would not change due to cost". A record of general discussion is included in the appendix, along with a transcription of comment cards. Open City Hall experienced 139 visitors and gathered 28 responses. Responders ranked the eight priorities in order of importance, with an option to write in additional priorities as "Other" and provide open-ended comments. Top priorities through Open City Hall were Building Safety, Other (a variety of responses), and Energy Efficiency. The top cost statement selected was "My priority ranking would not change due to cost".A report generated by Open City Hall showing all input is included in the appendix. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 28 Ashland City Hall Feasibility Study Ashland City Hall Feasibility Study Cost Input Cost Input My priority ranking would not My priority ranking would not change due to cost change due to cost My priority ranking should be My priority ranking should be balanced based on cost. balanced based on cost. Cost should trump my rankings. Cost should trump my rankings. C,1. To accommodate several dozen attendees, two identical boards were used for the dot exercise. Please note: the order of additional write-in priorities are listed differently on the boards. • My priority ranking would not change due to costs. 75 • My priority ranking should be balanced based on cost. 4 • Cost should trump my rankings. 3 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pcae 29 93 i9 S Feasible options (Options 3, 4A, 413, 5A, and 513) were cost modeled in collaboration with Adroit Construction. Costs included construction, moving, temporary offices and utilities for options that required temporary displacement of City staff during construction, and estimated escalation to 2021. Cost models were established on a cost per square foot basis for an assumed level of quality and unique factors specific to each option such as a constrained site, protecting portions of the existing building, structured parking, and others. ! • Exterior materials of brick veneer, some storefront and curtain wall, moderate civic features (e.g. wood soffit), solar panels on roof. • Structure for standard options is steel, complying with OSSC standard building code (not Essential Facility). Structural alternate includes surcharge for upgrading to essential facility. • Interior materials similar to class A office space. • For option 5 underground parking, can be fireproofed steel or concrete, and ventilated. • For temporary facilities, assume $1.5/SF/Month for leased space outside of downtown (as an alternative, modulars cost $2/SF/Mo to deliver, set with jacks, and stair or ramp). • For temporary utilities, assume $2/SF/Month for heat/cool, power, phones, water, sewer. • Escalation estimated at 10% per year (compounded). For 2021, construction cost established at 2019. • Assume 2000 SF of compact storage. 7 • Solar allowance calculated as 1.5% of Construction Subtotal. • Construction Contingency calculated as 5% of Construction Subtotal. • All labor rates based on prevailing wages. • $75 / SF assumed for seismic renovation & finish improvements at Community Development. • $350 / SF assumed for 2nd & 3rd floor level additions at Community Development. • $225 / SF assumed for basement construction at City Hall. • $325 / SF assumed for new Civic level construction at City Hall and N. Pioneer. • $385 / SF assumed for new Civic level construction combined with preserving exterior walls (North & West) at City Hall. • $65 / SF assumed for interior reconfiguration at Community Development. • $55 / SF assumed for modest interior reconfiguration at Community Development. • $35,000 / parking stall assumed for underground parking structure with deep excavation, shoring, and ventilation. • Move costs based on professional mover (insured, prevailing wages) of $1.5/SF per move. • Other Soft Costs include permits, System Development Charges, design fees, furnishings, survey, geotechnical, and other miscellaneous costs. ORW Architecture i Ashland City Hall Replacement Feasibility Study - Final Report Page 30 U ii J t i _ rr C Q1 ~ L^ i O N QJ < 0 E + ~ Q C-> O O E to c H. 0 O cB W O-> O+ O O+ CL E 3: M 4-J > CL 0 CL CL U o O' E 0 E 0C- f°M 0 s m U U U 0 J p J p;6 06 N New Area SF 121440 14,800 14,800 26,135 26,135 Renovated Area SF 9,630 3,000 3,000 0 0 Total Area SF 22,070 17,800 17,800 26,135 26,135 Parking Area SF None None None 25,795 43,815 Construction Time (Months) 11 15 15 16 18 Move Time (Months) 1 1 1 1 1 Total Time (Months) 12 16 16 17 19 Building Cost $5,080,000 $4,640,000 $5,280,000 $8,500,000 $8,500,000 Parking Cost $0 $0 $0 $2,210,000 $4,130,000 Construction Cost Subtotal $5,080,000 $4,640,000 $5,280,000$10,710,000$12,630,000 Solar Cost (1.5%) $77,000 $70,000 $70,000 $161,000 $161,000 Construction Contingency (5%) $254,000 $232,000 $264,000 $536,000 $632,000 Total Construction Cost $5,411,000 $4,942,000 $5,614,000$11,407,000$13,423,000 Temporary Space (Rent) $174,000 $72,000 $72,000 $0 $0 Temporary Space Utilities $41,000 $17,000 $17,000 $0 $0 Moving (Out + I n) $34,000 $21,000 $21,000 $22,000 $22,000 Other Soft Costs (30%) $1,624,000 $1,483,000 $1,685,000 $3,423,000 $4,027,000 Sell Community Development $0 $0 $0 -$2,500,000 -$2,500,000 Total Cost 2016 $7,284,000 $6,535,000 $7,409,000$12,352,000$14,972,000 Total Cost 2021 $9,520,000 $8,541,000 $9,684,000$16,144,000$19,568,000 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page 31 Ape's Appendix 1 Public Involvement Conference Report Pages AP1 -1 to API-5 Appendix 2 Open City Hall Report Pages AP2- 1 to AP2-32 Appendix 3 Structural Engineering Report Pages AP3- 1 to AP3-5 Appendix 4 Department Bubble Diagrams Pages AP4-1 to AP4-9 Appendix 5 Space Standards Diagrams Page AP5-1 to AP5- 1 0 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Pcge 33 A gyp gj CONFERENCE REPORT CLIENT: City of Ashland PROJECT: Ashland City Hall Feasibility Study LOCATION: Pioneer Hall JOB 1619 ARCHITECTURE W W W J R W A R C H IT E C T U RE. C OM I1 D DATE: 09/15/16 95° EA=T aAR"ETa Ro M E I F a R o oR s°° UNLESS WRITTEN OBJECTION IS RECEIVED WITHIN SEVEN DAYS, WE ASSUME THE STATEMENTS CONTAINED HEREIN ARE ACCEPTED F s s F E 1. Summary Approximately 65 people attended a 90-minute Open House to help set priorities for the potential replacement or relocation of City Hall. Attendees included local business owners, neighbors, contractors, historical advocates, interested citizens, and city staff, and each attendee was given a set of dot stickers to share their input regarding priorities and cost. Dave Kanner, City Manager, shared the process leading up to the current Feasibility Study, which included a previous City Hall location study (in the 1990s), a better understanding of the likelihood and magnitude of a Cascadia Fault earthquake, and a recent structural assessment and cost analysis of the existing City Hall completed by Miller Engineering, which served as a catalyst for considering options for the current Feasibility Study. ORW presented the Feasibility Study work completed to date (identifying space needs of city functions in both City Hall and the Community Development building for planning milestones in 2021 and 2031, and exploring five feasibility options on three sites). ORW shared all options below but noted Options 1 and 2 were deemed unfeasible due to inadequate space. - Option 1: consolidating City Hall and Community Development in a new building on the City Hall site (basement plus 4 levels). - Option 2: consolidating City Hall and Community Development in a mostly new building on the City Hall site and preserving historic features such as the north and west walls (basement plus 4 levels). - Option 3: consolidating City Hall and Community Development by reinforcing the original (Hillah Temple) portion of the existing Community Development building and adding two levels onto the Hillah Temple portion (3 levels). - Option 4: expanding City Hall (3 levels, either all new or preserving historic walls), and reconfiguring Community Development building (no addition). - Option 5: consolidating City Hall and Community Development functions into a new building at Lithia Way and N. Pioneer. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page API -I After seeing the options and discussing issues in a large group format, attendees were invited to share their input by placing a dot next to each of their top four priorities (eight priorities were provided and another three were added during the discussion), and to share input regarding cost by placing a dot next to one of three cost statements. ORW shared the next steps of cost modeling feasible options and presenting all data to Council. Comment cards were provided for attendees who preferred to provide input in writing, and attendees were invited to review and share input on Open City Hall through the City's website (comments from cards and Open City Hall are provided at the end of this document). II. General Discussion Attendees were invited to ask questions or provide comments several times during the presentation. Discussion items and comments were: 1. Who developed the cost to seismically upgrade City Hall? It must be reinforced with $100 bills and needs a second opinion or alternate approach. Response: Miller Engineering estimated costs from their previous study, and construction costs have escalated since the recession. 2. The City has been growing very slowly over the last two decades. Why does City staff need so much space when the city isn't experiencing rapid growth? Response: while the city has grown slowly, City services continue to increase which requires space. 3. 1 don't think reinforcing the existing or building a new City hall should be a City priority. 4. How tall would Option 3 be? Response: design work would be in a future phase if the project moves forward, but it would likely be in the range of 40-50 feet. 5. The City owns the City Hall building and it would need to be given back to the Helman family. 6. If occupants are moved out of City Hall but the City maintains ownership, don't move important archival materials back into the building. If archival documents are moved from rented storage units to one of the options within the Hosler Dam inundation zone, protect them from potential flooding or earthquake damage. 7. Part of what makes Ashland a charming, engaged town much like "Mayberry", is that the local seat of government is right downtown. City Hall should remain on the plaza. 8. City Hall should be located with the Service Center on East Main Street. 9. Construction on the plaza will disrupt traffic, parking, and tourism. 10. Option 5 looks like a large building. I'm concerned with a wind tunnel effect. 11. Can Option 5 accommodate additional levels? Response: yes, it could accommodate additional area (a few attendees noted a desire for affordable housing). 12. You've asked us for input on priorities and cost, but why can't we vote on the options? Response: Feasibility is before design starts; options may evolve and change ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP 1-'/-) depending on community and council priorities. The design team is not making a recommendation for which feasibility option is ideal, but presenting all information to City Council. 13. LEED (Leadership in Energy and Environmental Design) is only one method of measuring green building. Have you considered others and does it need to be certified? Response: While there are other rating systems, LEED is the industry standard rating system for green building design, especially for public architecture. If the project progresses, green building measures and the rating system will be considered in a future design phase. The City has established that any option will include solar panels on the roof to the maximum degree available. 14. Option 5 (outside downtown) would free up parking downtown. 15. The Cascadia Fault is a major issue we need to address. We are overdue for a sizable earthquake and our City Hall should be fortified to withstand it. III. Ashland City Hall Open House Comment Cards Comment cards were provided for attendees wishing to provide opinions in writing. Below are verbatim transcriptions of all cards. Mary Krystine: Although in 1993 1 agreed that City Hall needed to stay on plaza, 23 years have passed & other neighborhoods have developed. East Main would be a fine place for City Hall perhaps it would be even better! (We are no longer a 1 horse town) Ken Silverman: The "grove" option should be brought back as an option. I don't believe the demand to keep City Hall downtown is as strong today as it was-take a survey. I would "guess" that access & ease of parking are now high up on people's list of priorities. James Stephens: #1 Propose moving City Hall and all operational departments to the abandoned railroad property in the railroad district. #2 (Opt) move everything to the East Main St Property. Jane Almquist co-owner Tree House Books on plaza: I am very concerned about more long-term construction in the downtown and the impact it would have on all of our small businesses. I would like the option of relocating to our city property on East Main to be reconsidered. It is the epicenter of our city and would be much more accessible to our community than our current downtown location overall. Benefits to East Main location: • Accessible • Parking • Less impact on businesses during construction • Less obstructions during construction • No need to relocate city hall staff during construction • Not in the Hosler Dam inundation zone • Could be along a public transit route in the future utilizing rails, etc. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pane AF 1-3 ~ppe did Ron Roth: Cost is a huge issue, especially considering that the city still owes more than $10 million for AFN debt. The city should not plan any large projects until AFN debt is retired. Anonymous: Our city council has moved forward on a couple of projects which have negatively impacted our City as a whole aesthetically and/or functionally 1. Plaza redesign-council ran rough shod 2. Road diet-rarely observe bikers using new lanes-but does hamper traffic We need parking and good look at benefit for all regardless of whether Ashland gets its name up in lights. Marilyn Briggs: The current site for City Hall must not be changed! City Hall site on property donated by the Helman family for perpetual use in that capacity. Any attempt to ignore this land gift obligation is unethical. Furthermore, good city planning dictates that the principle city edifice be located at the core of the city, which is our plaza. Remodel or start over. Space could be gained by a 3rd story and by extending the 2nd & 3rd floors over the existing driveway. The current planning/engineering building works well as is; there is no need to incorporate its functions into one massive structure. I was active in this same study in the early 1990's. There are wheel-barrows full of documentation that still exist, and it would be wise for newcomers to the problem to look into that earlier work. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP) ORW Architecture i Ashland City Hall Replacement Feasibility Study - Final Report Page AP 1-5 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? All Registered Responses sorted chronologically As of September 28, 20163 3:10 PM y Open City Hall is not a certified voting system or ballot box. As with any public comment process, participation in Open City Hall is voluntary. The responses in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- I a Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? As of September 28, 20167 3:10 PM, this forum had: Attendees: 139 Registered Responses: 28 Hours of Public Comment: 1.4 This topic started on September 6, 2016, 9:10 AM. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.ccm/3956 Page 2 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pace AP2-2 9 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Responses Please start by selecting your first, top priority: Average Priorities Building Safety Other Energy Efficient (LEED standard) Public Access Centralized Services Historic Preservation Aesthetically Pleasing Parking Availability Workspace Efficiency If you prioritized Other, please specify here: Answered 17 Skipped 11 access affordable all allso any area ash land become b u i l d i ng center community cost do downtown existing from hall historic housing how , issues Its more new Orlly parking plazy priority project publiC rebuilding services space t than then think time top Up Based on your priority ranking please select one of the following: All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 3 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pace AP2-3 I • -U eenc i. Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? % Count My priority ranking would not 58.3% 14 change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. My priority ranking should be 20.8% 5 balanced based on cost. While my top priorities are important, I would support a plan for a new City Hall that includes at least some of my top three priorities if a significant cost savings could be realized. Cost should trump my ranking. I'd . 20.8% 5 be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 4 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Paae AP2-4 t9' l Y 3 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Bill Emery inside Ashland September 20, 2016, 1:17 PM Please start by selecting your first, top priority: My Priorities Historic Preservation Aesthetically Pleasing Public Access Other If you prioritized Other, please specify here: My preference is the proposed option number four (the two building solution), expanding and enhancing the existing city hall while retaining planning, building, and public works in its current location. From my perspective as a member of the Historic commission it is important to retain City offices on the plaza in a historic building to maintain a vibrant, healthy city center. It would be a mistake to allow the plaza area to become to become strictly a tourist destination. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 5 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-5 ,ipencI1 A Z Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Doug Viner inside Ashland September 13, 2016, 1:01 PM Please start by selecting your first, top priority: My Priorities Building Safety Workspace Efficiency Public Access Aesthetically Pleasing Parking Availability Energy Efficient (LEED standard) If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: Cost should trump my ranking. I'd be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 6 of 32 ORW Architecture i Ashland City Hall Replacement Feasibility Study - Final Report Puce AP2-6 i~~ ~1 33L..3 i f Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Teresa Safay inside Ashland September 9, 2016, 5:27 PM Please start by selecting your first, top priority: My Priorities Other Parking Availability Centralized Services If you prioritized Other, please specify here: Please stop coming up with new and expensive ways to spend our tax dollars. This should not be a priority compared to so many othe issues Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM http://www.peakdemocracy.com/3956 Page 7 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-i Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Ivan' Collver inside Ashland September 9, 2016, 2:21 AM Please start by selecting your first, top priority: My Priorities Parking Availability Public Access Energy Efficient (LEED standard) If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM http://www.peakdemocracy.com/3956 Page 8 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Puce AP2-8 .3 I , Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Thomas Vance outside Ashland September 9, 2016, 1:44 AM Please start by selecting your first, top priority: My Priorities Other Building Safety Energy Efficient (LEED standard) If you prioritized Other, please specify here: Lease Briscoe school from school district and make use of an appropriate and under utilized space. Reduce property taxes, fix our roads, hire more police and emergency staff, address traffic flow issues. Then and only then would I consider city hall structure changes a priority. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.ccm/3956 Page 9 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pace AP2-9 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? D. Roxane Beigel-Coryell inside Ashland September 8, 2016, 9:41 AM Please start by selecting your first, top priority: My Priorities Energy Efficient (LEED standard) Other If you prioritized Other, please specify here: The building should model sustainable building practices throughout design, construction and operation, not just in energy efficiency. This project is the perfect opportunity for the City to demonstrate its commitment to being a progressive community and addressing climate change. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 10 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- 10 - ° ' 7 3 l ai 3~.1 . 4 3 ~ . Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Ken Gerschler inside Ashland September 7, 2016, 8:03 PM Please start by selecting your first, top priority: My Priorities Building Safety Historic Preservation Aesthetically Pleasing Energy Efficient (LEED standard) Public Access Centralized Services Parking Availability Workspace Efficiency If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 310 PM http://www.peakdemocracy.com/3956 Page 11 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- 1 1 3 • . l i Yx 2 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Russ Silbiger inside Ashland September 7, 2016, 5:46 PM Please start b:y selecting your first, top priority: My Priorities Other Public Access Building Safety If you prioritized Other, please specify here: COST Based on your priority ranking please select one of the following: Cost should trump my ranking. I'd be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM http:/1www.peakdemocracy.com/3956 Page 12 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- l 2 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Nick David inside Ashland September 7, 2016, 1:58 PM Please start b:y selecting your first, top priority: My Priorities Centralized Services Other If you prioritized Other, please specify here: A new building seems unnecessary. Do us a favor and buy the CoOp building, and sell them another plot of land for cheap. Based on your priority ranking please select one of the following: All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM http://www.peakdemocracy.com/3956 Page 13 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- 1 3 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Lynne Hasselman inside Ashland September 7, 2016, 1:52 PM Please start by selecting your first, top priority: My Priorities Historic Preservation Aesthetically Pleasing Centralized Services If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM http://www.peakdemocracy.com/3956 Page 14 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-) 14 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? David Smith inside Ashland September 7, 2016, 1:39 PM Please start by selecting your first, top priority: My Priorities Other If you prioritized Other, please specify here: From my perspective there is no need for a new city administration building. Additionally, I believe there is more need for other things in this city. For example, changing the road diet back to allow a reasonable flow of traffic. It's very dangerous to get on that road most of the time that I try. Also, low income housing is a huge priority in my opinion. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3.10 PM hftp://www.peakdemocracy.com/3956 Page 15 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- 15 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Susan Yeagley inside Ashland September 7, 2016, 12:09 PM Please start by selecting your first, top priority: If you prioritized Other, please specify here: Relocation or rebuilding City Hall ranks low on priorities for me. How about we come up with some solutions to the affordable housing issue and the homeless issue before we go buying a big new house for the city employees?! Based on your priority ranking please select one of the following: All Registered Responses sorted chronologically As of September 28, 2016, P:10 PM http://www.peakdemocracy.com/3956 Page 16 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-) 6 a n +ea n d 1i x Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? James Martin inside Ashland September 7, 2016, 11:09 AM Please start by selecting your first, top priority: If you prioritized Other, please specify here: That the city retain possession of the city hall property. Doesn't it revert to the family who donated it if it ceases to be the city hall? Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 17 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pace AP2- 1 7 Appe 1 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Chuck Keil inside Ashland September 7, 2016, 10:40 AM Please start by selecting your first, top priority: My Priorities Building Safety Historic Preservation Aesthetically Pleasing Energy Efficierlt (LEED standard) Workspace Efficiency Public Access Centralized Services If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 18 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- 18 t H 3 J 3 5 1;' d j'as '4j a.3 i s1 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Kim Rooklyn inside Ashland September 7, 2016, 10:38 AM Please start by selecting your first, top priority: My Priorities Building Safety Aesthetically Pleasing Workspace Efficiency Centralized Services Public Access Energy Efficient (LEED standard) Parking Availability Historic Preservation If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking should be balanced based on cost. While my top priorities are important, I would support a plan for a new City Hall that includes at least some of my top three priorities if a significant cost savings could be realized. All Registered Responses sorted chronologically As of September 28, 2016, 3',10 PM http://www.peakdemocracy.com/3956 Page 19 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2- 1 9 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Amy Titus inside Ashland September 7, 2016, 9:56 AM Please start by selecting your first, top priority: My Priorities Public Access Aesthetically Pleasing Energy Efficient (LEED standard) Centralized Services Historic Preservation Workspace Efficiency Building Safety Parking Availability If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking should be balanced based on cost. While my top priorities are important, I would support a plan for a new City Hall that includes at least some of my top three priorities if a significant cost savings could be realized. All Registered Responses sorted chronologically As of September 28, 2016, 3' 10 PM http://www.peakdemocracy.com/3956 Page 20 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-20 1f~i Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? David Helmich inside Ashland September 7, 2016, 9:10 AM Please start by selecting your first, top priority: If you prioritized Other, please specify here: All of the above except parking and historic preservation. City Hall should be the center for emergency services and should be clear of the death trap of its current surroundings and accessible in a large earthquake or flood. A professional architect should undertake a site review based on alternatives ranging from distance from downtown, potential for colocation, etc. Any building being proposed should be no more than two stories-- Seismic issues requiring immediate building availability post-EQ and the cost for interior circulation should disqualify a potential site unless colocation is reduced. Pre-defining of possible sites is not in the public interest and is not transparent. The seismic design standard for City Hall should be "immediate reoccupancy" rather than Code minimum. Please hire an engineer that understands the difference and can perform. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses; sorted chronologically As of September 28, 2016, 3 10 PM http://www.peakdemocracy.com/3956 Page 21 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-21 1 3 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Steve Fenwick inside Ashland September 7, 2016, 9:10 AM Please start b:y selecting your first, top priority: My Priorities Other Building Safety Public Access Aesthetically Plleasing Historic Preservation Workspace Efficiency Energy Efficient (LEED standard) Parking Availability Centralized Services If you prioritized Other, please specify here: don't care if the services provided by City Hall remain at the Plaza; Winburn Way or The Grange area would also be fine. Freeing up parking at the Plaza would be useful. I do highly prioritize maintaining at least the facade of the existing building as part of the historical character of downtown Ashland. Based on your priority ranking please select one of the following: My priority ranking should be balanced based on cost. While my top priorities are important, I would support a plan for a new City Hall that includes at least some of my top three priorities if a significant cost savings could be realized. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 22 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2--22 P:at Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? LINDA ADAMS inside Ashland September 7, 2016, 8:49 AM Please start b;y selecting your first, top priority: My Priorities Historic Preservation Building Safety Energy Efficient (LEED standard) Public Access Aesthetically Plleasing If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking should be balanced based on cost. While my top priorities are important, I would support a plan for a new City Hall that includes at least some of my top three priorities if a significant cost savings could be realized. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peaKdemocracy.com/3956 Page 23 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-23 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Mat Marr inside Ashland September 7, 2016, 8:48 AM Please start by selecting your first, top priority: My Priorities Energy Efficient (LEED standard) Centralized Services If you prioritized Other, please specify here: Affordable housing should be the top priority of the city, only after protecting our civil liberties. Based on your priority ranking please select one of the following: Cost should trump my ranking. I'd be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 24 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-24 or)' -n Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Larry Cooper inside Ashland September 7, 2016, 8:33 AM Please start by selecting your first, top priority: My Priorities Centralized Services Building Safety Parking Availability Public Access If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: Cost should trump my ranking. I'd be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. i All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM http://www.peakdemocracy.com/3956 Page 25 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-25 O n-3 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Amy Stewart inside Ashland September 7, 2016, 8:30 AM Please start by selecting your first, top priority: If you prioritized Other, please specify here: I do not think relocating or rebuilding city hall is a top priority in our city right now. There are better uses for our city money at this time. Based on your priority ranking please select one of the following: All Registered Response: sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 26 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-26 ~y Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Karen Horn outside Ashland September 7, 2016, 8:22 AM Please start by selecting your first, top priority: My Priorities Building Safety Parking Availability Energy Efficient (LEED standard) If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3 10 PM hftp://www.peakdemocracy.com/3956 Page 27 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-27 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Vanessa Houk inside Ashland September 7, 2016, 7:50 AM Please start by selecting your first, top priority: My Priorities Other Centralized Services If you prioritized Other, please specify here: Community space that is usable for all of our people. Your public access choice is not how I define public access. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 28 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-28 Appeniv Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Allan Goffe inside Ashland September 7, 2016, 7:25 AM Please start by selecting your first, top priority: My Priorities Building Safety Other Historic Preservation Workspace Efficiency Centralized Services Parking Availability Public Access Aesthetically Pleasing Energy Efficient (LEED standard) If you prioritized Other, please specify here: project cost Based on your priority ranking please select one of the following: Cost should trump my ranking. I'd be most inclined to support a plan for a new City Hall that delivers a functional building at the lowest practical net cost; inclusion of my top priorities would be a bonus. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 29 of 32 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-29 A Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? George Kramer inside Ashland September 7, 2016, 7:19 AM Please start by selecting your first, top priority: If you prioritized Other, please specify here: Replacing city hall is simple NOT a priority project in any way shape or form and should be stopped before you waste any more money upon it. Based on your priority ranking please select one of the following: All Registered Responses sorted chronologically As of September 28, 2016, 3.10 PM http://www.peakdemocracy.com/3956 Page 30 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-.30 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Chelsea North inside Ashland September 7, 2016, 7:15 AM Please start by selecting your first, top priority: My Priorities Building Safety Parking Availability Energy Efficient (LEED standard) Historic Preservation Workspace Efficiency Public Access Centralized Services Aesthetically Pleasing If you prioritized Other, please specify here: Based on your priority ranking please select one of the following: My priority ranking should be balanced based on cost. While my top priorities are important, I would support a plan for a new City Hall that includes at least some of my top three priorities if a significant cost savings could be realized. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 31 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-31 Priorities for City Hall What are the most important priorities for the reconstruction or relocation of City Hall? Claire Baker inside Ashland September 7, 2016, 6:15 AM Please start by selecting your first, top priority: If you prioritized Other, please specify here: City Hall should remain downtown. I think Ashland has more pressing needs than this one. Based on your priority ranking please select one of the following: My priority ranking would not change due to cost. My top priorities are very important to me and I would hesitate to support a plan for a new City Hall that doesn't deliver my top three priorities. All Registered Responses sorted chronologically As of September 28, 2016, 3:10 PM http://www.peakdemocracy.com/3956 Page 32 of 32 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP2-32 CIOTA ENGINEERING PC. September 1, 2016 City of Ashland Public Works Department Ashland, OR 97520 Subject: Feasibility Study for City Hall Replacement Building Purpose: This report is to provide the City of Ashland and ORW Architecture with adequate information for determining the most feasible option for the City Hall replacement building. The feasibility study includes five alternatives including 1) on site replacement of current City Hall, 2) on site replacement of City Hall with preservation of existing north and west facades, 3) expand Community Development Building, 4) moderate expansion of existing city hall with remodel of existing Community Development Building and 5) relocation and construction of new building. Limitations: The following strategies and structural scenarios are preliminary and are based on the assumed building systems. The information provided herein is based on the RFP and referenced Scoping Document provided by the city and is for the exclusive use of the City of Ashland, ORW Architecture and their team. SCENARIO #1: On Site Replacement of City Hall Description: Existing building would be completely demolished with a new 4-story civic building constructed within footprint. Assumes steel framed building with concrete deck and cold form steel bypass framing. Structural Strategy: 1. Roof Framing: a) Metal roof deck over wide flange steel roof beams (10'-0" oc). b) Steel columns at gridlines w/ wide flange girders (25'-0" oc). 2. 2nd, 3rd and 4th Floor Framing: a) 5" composite concrete pan deck over wide flange steel beams (10'-0" oc). b) 1/4" bent closure plate welded at entire perimeter, each level. c) Steel columns at gridlines w/ wide flange girders (25'-0" oc). d) Assume all composite beams have 3/4"x4" headed studs at 12" oc. 3. Lateral force resisting system: a) Special Moment Resisting Frames (SMRF) or Concentrically Braced Frames (CBF). b) Minimum two per side and an intermediate transverse frame line, full height. c) Special inspection for steel construction per OSSC table 1704.3. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Paae AP3- 1 C] iv a 4. Foundation (may vary due to Geotechnical requirements): a) Continuous concrete grade beam footings at perimeter and in line with all frames. b) Interior isolated spread footings at steel column grids. c) 5" slab on grade ground floor. 5. Building shell framing: a) 6"-8" cold form steel by pass framing. b) Deflection clips to building slab and/or beams. 6. Other: a) Steel canopies and marquee. b) Elevator pit, shaft and hoist beam/columns. c) Steel stairs. d) Mechanical screens or utilize by pass framing parapet. e) Brick veneer cladding and seismic anchorage anticipated for 2-stories with panelized cladding incorporated above. (TBD by Architect) f) Challenging site for construction staging and phasing due to proximity of existing structures and plaza public circulation. Braced within footprint possibility. SCENARIO #2: On Site Replacement of City Hall with preservation. Description: Existing building would be demolished while retaining the north and west unreinforced masonry walls (URM) for historic value. The new 4-story civic building would be constructed within footprint. Assumes two stories of concrete masonry unit (CMU) walls with wood or cold form steel (cfs) light framing above. Option includes basement. Structural Strategy: 1. Roof Framing: a) Low pitch pre-engineered trusses or open web TJL type roof joists at 24" oc w/ 5/8" plywood sheathing. b) Steel columns at gridlines w/ girder trusses. c) Parapet incorporated into truss design or braced parapet wood frame walls. d) Utilize parapet as mechanical screen. 2. 2nd, 3rd and 4th Floor Framing: a) Open web TJL type joists at 16" oc. b) Steel or wood girder beams at column grid lines. c) Gyp-crete topping slab assumed over 7/8" floor sheathing. 3. Lateral Force Resisting System: a) Upper two levels - 2x6 conventional wood shear walls or cfs. b) Lower two levels - solid grouted reinforced CMU walls. 4. Preservation of existing URM north and west two story walls: a) Construct new CMU wall directly behind URM walls for anchorage. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP3-2 Appen b) Reinforce/stabilize URM with combination of heli-ties, epoxy anchors w/ screen tubes, fiber reinforced polymer (FRP). Extent and strategy is TBD. Potential in-situ brick and mortar testing to aid in design strategy. c) Shoring of URM challenge during demo of existing building and construction of new building due to proximity of plaza and public circulation. Braced within footprint possibility. d) Shoring will likely be specialized and performed by outside agency. 5. Foundation (may vary due to Geotechnical requirements): a) Continuous concrete strip footings around east and south CMU walls. b) Drilled helical piles (or equal) installed at close proximity to existing north and west URM walls with concrete grade beam spanning between for CMU wall bearing. c) Interior isolated spread footings at steel column grids. 6. Basement option: a) Concrete retaining walls. b) Slab on grade basement floor. c) Added steel columns, beams and floor joists over basement. d) Location at minimum allowable horizontal distance from existing building and from URM walls as determined by soil type and Geotechnical Engineers direction. 7. Other: a) Steel canopies and marquee. b) Elevator pit, shaft and hoist beam/columns. c) Steel and/or wood stairs. d) Mechanical screens or utilize parapet framing. e) Brick veneer cladding and seismic anchorage anticipated for 2-stories with panelized cladding incorporated above. (TBD by Architect) f) Challenging site for construction staging and phasing due to proximity of existing structures and plaza public circulation. SCENARIO #3: Expand Community Development Building. Description: Retrofit existing Hillah Temple portion of the building for 2nd story addition. Includes demolition of existing roof and shortening of existing partially reinforced CMU walls. Includes demo and rebuild of existing front portion of building and replace with two story wood framed building. Structural Strategy (Hillah Portion): 1. Roof Framing: a) Low pitch pre-engineered trusses or open web TJL type roof joists at 24" oc with 5/8" plywood sheathing. b) Steel columns at single central gridline w/ steel or wood girder beams. c) Perimeter steel beams. 2. 2nd Floor framing: a) Open web TJL type floor joists at 16" oc. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP3-3 b) Steel columns at single central gridline w/ steel or wood girder beams. c) Perimeter wide flange steel beams inset from existing CMU. d) Gyp-crete topping slab assumed over 7/8" floor sheathing. 3. Existing CMU walls: a) The retrofit will likely include cutting/shortening of existing walls to a determined height. b) Filling all vacant cells with grout. c) Potentially anchoring of wall to new steel framework and diaphragm via epoxy anchors. 4. Lateral Force Resisting System: a) Existing CMU walls are inadequate for a 2nd story addition and to resist out of plane seismic forces. The retrofit will likely be new two story Concentrically Braced Frames (CBF) located just inside the CMU walls. b) Two frames minimum each of four sides. c) Special inspection for steel construction per OSSC table 1704.3. .5. Foundation (may vary due to Geotechnical requirements): a) Continuous concrete grade beam footings at frames located at close proximity to existing wall strip footings. b) Interior isolated spread footings at columns. 6. Building shell framing: a) TBD. Depends on extent of expansion of existing Community Development Building. Structural Strategy Community Development Portion): 1. Roof Framing: d) Low pitch pre-engineered trusses or open web TJL type roof joists at 24" oc with 5/8" plywood sheathing. e) Beams and columns where required, typ. f) Perimeter light frame stud walls. Wood or cfs. 2. 2nd Floor framing: a) Open web TJL or BCI type floor joists at 16" oc. b) Beams and columns where required, typ. c) Perimeter light frame stud walls. Wood or cfs. d) Gyp-crete topping slab assumed over 7/8" floor sheathing. 3. Lateral force resisting system: a) 2x6 conventional wood shear walls or cfs. 4. Foundation (may vary due to Geotechnical requirements): a) Continuous concreter strip footings. b) 8" concrete stem wall or turned down thickened slab edge. c) Isolated spread footing where required. .5. Other: a) Steel canopies and marquee. b) Elevator pit, shaft and hoist beam/columns. c) Steel and/or wood stairs. d) Mechanical screens or utilize parapet framing. ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP3-4 p, pie n' ii 3 7 3 e) Brick veneer cladding and seismic anchorage anticipated for 2-stories. (TBD by Architect). SCENARIO #4: Moderate expansion of existing City Hall Building with remodel of existing Community Development Building. Description: New 3-story civic building within footprint of existing building. Demolish existing City Hall. Remodel existing community development building with addition of entry stair. Structural Strategy (New City Hall Building): 1. See Scenario #1 for Replacement of City Hall Building and Scenario #2 for preservation of facade option. Structural Strategy (Remodel Community Development Building): 1. Entry Stairs: a) Demo and shore existing portion of'building at given location. b) Install new post and beam or bearing wall support as required. c) New steel stairs. d) Steel frame work for interior stair volume and curtain wall support. e) New spread footings. 2. Loft: a) Possible upgrade to existing loft based on desired use of space. b) Addition of loft at extents TBD. c) New posts, beams, joist, footings. SCENARIO #5: Relocation and Construction of new City Hall Building. Description: Relocate City Hall to Lithia Way and North Pioneer. New 4-story building with underground parking. Structural Strategy: 1. See Scenario 91 for Replacement of City Hall Building new construction. 2. Underground Parking: a) Multiple level below grade parking structure. b) Steel column and girder main structure. c) Post tension or composite concrete decks. d) Slab on grade bottom floor. e) Retaining wall required separating upper street level parking from driveway down into parking structure. Maximum height approximately 20 feet. f) Retaining structure likely to be a reinforced concrete wall system utilizing soil nails or tie backs. Geotechnical engineer to recommend. ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP3-5 8 PERSON CONFERENCE MAYOR ROOM MANAGEMENT MANAGEMENT CITY ASSISTANT ANALYST ANALYST ADMINISTRATOR ADMINISTRATOR FUTURE EXECUTIVE ~ FUTURE ~ POSITION/ ' I ASSISTANT I POSITION/ I PARKING I 1 ANALYST COORDINATOR PUBLIC rI I WAITING 1 AREA LEGEND CD SHARED AREAS 0 WORK AREAS 0 PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASH LAN D CITY HALL 03 AUGUST 2016 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP,,.!- 1 HUMAN HUMAN ADMIN / RESOURCE RESOURCE HR POSITION MANAGER ANALYST LEGEND 0 SHARED AREAS 0 WORK AREAS 0 PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASHLAND CITY HALL 03 AUGUST 2016 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP4-2 LAW CITY CITY FILE LIBRARY ATTORNEY ATTORNEY STORAGE LAW LIBRARY PARALEGAL BOOKS/RESOURCES ADMINISTRATOR l t LEGEND 0 SHARED AREAS 0 WORK AREAS 0 PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASH LAN D CITY HALL 03 AUGUST 2016 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP4-3 .1 II jx 4 x FFLE CITY STORAGE RECORDER ADMINISTRATIVE I ASSISTANT LEGEND 0 SHARED AREAS 0 WORK AREAS 0 PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASHLAND CITY HALL 03 AUGUST' 2016 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP4-4 8 PERSON ACCOUNTING TRAINING, FILE DIVISION AUDIT, STORAGE MANAGER CONFERENCE ROOM ACCOUNTANT I ACCOUNTANT l 1 FINANCIAL FINANCIAL CLERIC CLERK 1 FUTURE ' POSITION/ I FINANCIAL I FINANCIAL ~ CLERK ' CLERK LEGEND 0 SHARED AREAS 0 WORK AREAS 0 PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASHLAND CITY HALL 03 AUGUST 2016 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Page AP4-5 SAFE CUSTOMER SERVICE FILE DIVISION STORAGE MANAGER r I - 1 f I I FUTURE ♦1 BILLING I BILLING 1 BILLING I POSITION/ CLERK I CLERK I CLERK 1 FINANCIAL r ITRON I 1 1 CLERK STATION t ~ l 1 ~ r r i CASHIER I CASHIER 1 I ♦ I♦ SERVICE 1 COUNTER e'"--------~~ PUBLIC FCCUSTOMER SERVICE LOBBY CONFERENCE ROOM 1 ♦----------.I LEGEND CD SHARED AREAS 0 WORK AREAS 0 PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASH LAN D CITY HALL 03 AUGUST 2016 ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP4-6 e" DIRECTOR OF ADMINISTRATIVE PROGRAM FUTURE SERVICES & PROGRAM MANAGER POSITION/ FINANCE MANAGER (PURCHASING/ FINANCE FILE (RISK) CONTRACT) DIVISION MANAGER STORAGE 4 ADMIN PURCHASING I ASSISTANT I REP 11% loe FUTURE FISCAL ~ POSITION/ ' SERVICE I I FINANCE CLERK CLERK LEGEND 0 SHARED AREAS 0 WORK AREAS PUBLIC AREAS ENCLOSED SPACE - - - - - - OPEN AREA / WORKSTATIONS ASH LAN D CITY HALL 03 AUGUST 2016 ORW Architecture I Ashland City Hall Replacement Feasibility Study - Final Report Pace AP4-7 3 Q O Q Q U N J CO Y CL cj~ O U CO Q J 0 \ W Q F z LLJ 1 w 1 1 ♦ U / I I t 1 1 f Wz LULU I I 3 1 o I zQ 1 I I Q 1 On I 0oU, I ~z I ° I I =Z) d I ° I ~z I u, I CL ~I I U 1 I U i ♦ ♦ Ln 0 1 f t 1 z ( I I wzCD0 I cep I w ~W I I 1 DL) F-- 1 o z a F-- LLJ v I w °G aLU I I :DNJO I -'CL 1 ° I 1 a- mz I mz I Q 0 f 1 1 f t I O 1 zU I zw I I c!p I (D 0 z I ci¢i z I U I w u5 1 u~ I I a- 1 ~ a I Q 1 I mz 1 mz l l 1 I t ~fie Cie De (Y Uz Oz z d oQ) Z z z ~ eL `I LL_ OC v ~ ~o m0 < 0- Uj 25 o5X, a W LIJ U zU OWE OUP U) ne 0 V) O J O LU Uj LL Z LL- W CL O XCL. 00 U UO W CL Cie O r U J Uj Q J j Q U Q U Z Q J ~ C/7 Q Q o ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP4-d U m N31Nno:) l _ l IDW13S f Z 1 1 U- L, Z I 1 1 ( ~ ~ I I I w w ♦ / Iw Z w wlw Z w F wl Ww ww WU(~ i--....~.~.. oc0wUUI~O W WC~ f-V) zUj ¢ I/ 1 ~-Z,Q I FD O Z QI~~00 Z I ¢z 1 I 1 (3 I I 0 z 1 3d I 1 I w° LU►-W 1 IwCLL ~Iw~w C7 Z5 o / ♦ / ♦ W c I / w w 11 t- I I LU LU 1♦ 1 z 1 z 1 3o r 6oz 1 I (D oz ZLL 1 cD_`> ! 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O RWA RCM I TE CTU RE. COM ORW Architecture Ashland City Hall Replacement Feasibility Study - Final Report Page AP5- 10 C I T Y OF ASHLAND Council Communication October 17, 2016, Study Session Status Update on the Feasibility Study for the Replacement of City Hall FROM: Kaylea Kathol, Public Works Project Manager SUMMARY This communication is provided to inform Council on the status of the feasibility study for the replacement of City Hall. In May 2016, the City commissioned Ogden Roemer Wilkerson Architecture (ORW) to conduct the study, including an analysis of the space and programmatic needs of affected City departments, an evaluation of five siting alternatives, and a robust public involvement component. ORW has completed all major components of the study and will be presenting the results during this study session. The final product, a study report, is on track for distribution by the end of October. BACKGROUND AND POLICY IMPLICATIONS: Status At the time of this submission, ORW has completed the information gathering and synthesis of all major components of the feasibility study. The results currently available to City engineering staff are described below. Results Space needs evaluation Leadership from all departments located in City Hall (Administration, Administrative Services, Legal, and City Recorder) and the Community Development building (Community Development and Public Works) were surveyed to identify each department's current and projected space needs over a 15-year planning period. Two rounds of interview-style surveys were conducted to identify the space needs pertaining to individual work stations and offices, conference rooms, document storage, communal areas, areas for public interaction, etc. The analysis identified a combined projected need of approximately 23,500 square feet of space. The accompanying Power Point presentation further classifies the type and amount of space needed by department. Siting alternatives analysis The findings of the space needs study were applied toward the feasibility analysis of five siting options for a new building including: (1) construct a new City Hall at its current location, sized appropriately to consolidate City Hall and Community Development functions; (2) retain the historic features of City Hall and expand vertically to consolidate City Hall and Community Development functions; (3) vertically expand the Community Development Building and consolidate City Hall and Community Page 1 of 3 rpalkall CITY of ASHLAND Development functions; (4) retain City Hall and expand vertically, and retain Community Development and reconfigure as necessary to accommodate space needs; and (5) construct a new, centralized municipal building on a City-owned parcel at Lithia Way and North Pioneer Street. The analysis found that expansion and consolidation at the current City Hall location would not accommodate the City's space needs, and options 1 and 2 were therefore deemed not feasible. Options 3 through 5, however, were deemed spatially feasible and were further evaluated in terms of planning requirements and restrictions, and cost modeling. The table below describes the spatial provisions of each alternative. Alternative Space Provided Feasibility (23,500 square feet needed) Status 1. Expand/consolidate at current City Hall location 18,500 sf not feasible (new construction) 2. Expand/consolidate at current City Hall location 18,500 sf not feasible (retain historic features) 3. Expand/consolidate at current Community 22,070 sf feasible Development location 4. Retain two buildings and expand/remodel as needed 24,500 sf feasible 5. Consolidate at new construction at Lithia Way and N 26,135 sf feasible Pioneer St. Adroit Construction is presently providing cost modeling services for the three siting options deemed feasible. Site work, hard costs, soft costs, and project cost offsets will be factored into the estimates. The estimates will not be available in time for this submission, but will be presented in detail during the Study Session presentation. Public involvement ORW and the City promoted a robust public involvement component to the feasibility study, wherein the community was invited to help the City set priorities for a new City Hall. Two forums were offered to the public for expressing their priorities, including Open City Hall, the web-based tool for civic engagement, and an interactive open house presentation. Participants of both forums were invited to rank the following list of priorities in order of importance: • Building Safety • Historic Preservation. • Public Access • Workplace Efficiency • Centralized Services • Aesthetically pleasing • Parking Availability • Other • Energy Efficient In addition, participants were given the option to define their commitment to their priority rankings by specifying how project cost could influence rankings. The Open City Hall forum was publicized through an email notification to subscribers of the City's "new website content" mailing list. The forum received 140 visitors, of which 28 shared their Page 2 of 3 CITY of ASHLAND priorities. The open house was publicized via multiple outlets, including mail invitations in residents' utility bills, a press release, advertising on Jefferson Public Radio, and fliers posted in public spaces. The meeting was attended by 50 to 60 members of the community, many of whom provided input on their priorities. A summary of the community input is not available at the time of this submittal, but a detailed synthesis will be presented by ORW during the study session presentation. History The feasibility study for the replacement of City Hall was directed by Council as part of a greater effort to conduct a comprehensive examination of options for replacing City Hall. The study was initiated on the heels of a seismic evaluation completed in January 2015, which found that the cost of a seismic retrofit at City Hall would likely exceed the cost of building a new structure, as detailed in the February 1, 2016 Council Communication (Exhibit A). The cost estimates that emerged from the seismic evaluation marshaled in the next logical phase in the City Hall replacement effort, the evaluation of replacement options. Last May engineering staff contracted with ORW to conduct a study of the feasibility of replacing City Hall. At the Council's June 20, 2016 study session, staff introduced Dana Ing-Crawford, the project manager from ORW assigned to lead the feasibility study. Ms. Crawford described the methodology ORW planned to implement for the space needs evaluation, siting alternatives analysis, and public involvement component. Additional details are provided in the attached Council Communication from the June 20, 2016 study session (Exhibit A). COUNCIL GOALS SUPPORTED: Organization (2014) 4. Evaluate real property and facility assets to strategically support city mission and goals. 4.3 Examine city hall preplacement and other facility needs. FISCAL IMPLICATIONS: The current budget includes $100,000 to fund a study for City Hall replacement. To date staff has expended $13,000 in engineering fees related to the seismic upgrade evaluation. The expected cost of this feasibility study is $55,750, plus miscellaneous costs of approximately $1130 (building plan prints, catering, and advertising). The total project cost will be approximately $68,863 upon completion of the feasibility study. STAFF RECOMMENDATION AND REQUESTED ACTION: This communication is purely informative; staff recommendations and requested actions are not presented at this stage in the study. SUGGESTED MOTIONS: N/A ATTACHMENTS: Exhibit A: Council Communications from June 20, 2015 and February 1, 2016 Page 3 of 3 ;LLJ `~,r -not Q . ~'ry Flom + w~ X 4wJ t ~1 'ra o' © (70 UPS T v 7IlY .nom It ~ , L Ft _ j Y 44 t < i SOO ~r n~ M 1 ~ti H U w uS -U ~oe :Q r 11. 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The City has commissioned Ogden Roemer Wilkerson Architecture (ORW) to study the feasibility of replacing City Hall, following a 2015 seismic evaluation that indicated the cost of a necessary seismic upgrade to City Hall would exceed the cost of replacing the structure. ORW's commission includes provisions for a space and programmatic needs analysis and an evaluation of three possible siting alternatives for a new building, including (a) substantially remodeling and expanding City Hall in situ; (b) expanding the Community Development.building; and (c) constructing a centralized municipal building on the City-owned parcel at the corner of Lithia Way and North Pioneer Street. Findings will be presented to City Council in September. BACKGROUND AND POLICY IMPLICATIONS: History At the Council's February 1, 2016, study session staff provided the findings of a seismic evaluation of City Hall, directed by Council as part of a greater effort to conduct a comprehensive examination of options for replacing City Hall. The report identified seismic deficiencies in the structure, and described the upgrades necessary to bring City Hall into compliance with applicable seismic provisions in the Oregon Structural Specialty Code. The presentation was supplemented by cost estimates of the seismic upgrades, as well as preliminary cost estimates for two new construction alternatives, either of which would be more economical than performing an upgrade on the existing structure. Additional details are provided in the attached Council communications from the February 1, 2016, study session. The cost estimates that emerged from the seismic evaluation marshaled the next logical phase in the City Hall replacement effort, the evaluation of replacement options. Status A Request for Proposals (RFP) was crafted for personal services with of fixed budget of $75,000 to evaluate space needs and study the feasibility of replacing City Hall. The RFP was released to nine local architectural or design firms in late March of 2016; four proposals were returned. Through a graded selection process, ORW was identified as the most suitable bidder and was awarded the commission. The City and ORW developed a refined project scope through a collaborative process. The scope (attached) includes the following components: Space needs evaluation Page 1 of 3 Irr IWA CITY OF ASHLAND ORW will explore each department's current and projected space needs pertaining to individual work- stations and offices, conference rooms, document storage, communal areas, areas for public interaction, etc. The assessment will also address important departmental adjacencies and future growth over a 15-year planning horizon. Leadership from all departments located in City Hall (Administration, Administrative Services, and Legal) and the Community Development building (Community Development and Public Works) will be surveyed. Information gathered from the space needs evaluation will inform the second component, the siting analysis. Siting alternatives analysis The consultant will examine the feasibility of the three siting alternatives summarized in the table below. The alternatives are described in greater detail in the attached Scoping Document that was issued as Attachment A to the RFP. Alternative Description Expansion/new City Hall would be substantially demolished, although exterior facades may be construction at existing maintained for historical preservation at the community's direction. A new City Hall site larger structure would be built on the existing City Hall site. Expansion of Community A second floor would be added to the Community Development building to Development consolidate offices of City Hall and Community Development buildings. Tile City would divest itself of the existing City Hall structure. New construction at A new municipal building would consolidate City Hall and Community Lithia Way and North Development offices. The City would divest itself of the two existing Pioneer structures and use any profits to offset construction costs. Public involvement At least one public open house meeting will be scheduled to provide the community with an early opportunity to learn about the City's larger goal of replacing City Hall. The intent of~ the meeting is to ensure the public is informed at a very early phase of the larger replacement project in order to develop an environment of public inclusion throughout the project. In addition, written communications will be delivered to the Historic Commission, Planning Commission, and Conservation Commission. Input from these commissions will be important during the design phase of the project, and the City feels that it is important to keep them updated and informed early on. Deliverables The final production, a comprehensive feasibility study report, will address construction costs and implementation schedules for each alternative. The siting alternatives analysis will address planning, parking, circulation, and solar potential at each location. Temporary relocation logistics and structural feasibility issues will also be explored for the existing City Hall and Community Development site options. In addition, the report will include a space needs program, site plans and floor plans for the three alternatives, and 3D massing views for each alternative (excluding architectural or stylistic detail). Schedule Page 2 of 3 Irr IWA&'l CITY OF ^ASHLAND The study began in early June and is on track to be completed in early to mid-September. The final report in tentatively planned for presentation to City Council at the September 20t" business meeting. The presentation will signify the end of this phase of the project, and will lead into the next phase: selection and design of Council's approved alternative. COUNCIL GOALS SUPPORTED: 4. Evaluate real property and facility assets to strategically support city mission and goals. 4.3 Examine city hall preplacement and other facility needs. FISCAL IMPLICATIONS: The current budget includes $100,000 to fund a study for City Hall replacement. To date staff has expended $12,000 for the seismic upgrade analysis and an additional $1,000 for a building contractor to provide preliminary cost estimates for two of the siting alternatives. The expected cost of this feasibility study is $47,250. STAFF RECOMMENDATION AND REQUESTED ACTION: This item is for information only. SUGGESTED MOTIONS: N/A ATTACHMENTS: • Council Communication from February 1, 2016 Study Session RE City Hall replacement • ORW's proposed Scope of Work (Exhibit C of Contract) • Scoping Document (Attachment A of RFP) Page 3 of 3 CITY OF ASHLAND Council Communication February 1, 2016, Study Session Continued discussion of planning for City Hall replacement FROM: Michael R. Faught, Director of Public Works, Public Works, Mike.Faught@ashland.or.us SUMMARY The Council at its June 15, 2015, study session requested that the City conduct a seismic evaluation of City Hall to determine the cost of bringing the building up to current seismic codes. Necessary seismic upgrades would involve removing the roof, the floor on the second floor and all of the drywall on the interior of the north and west walls, then building a system of ties and braces to secure the building. The estimated cost (including contingency but excluding soft costs and temporary staff relocation) is $176/sq. ft., or $1,363,757. The seismic upgrades will require the relocation of city staff for approximately nine months at a cost of just under $157,000. Soft costs would be roughly $322,000. If the City did necessary and long-overdue HVAC and plumbing replacement as well as fire suppression and ADA improvements, the total cost of the project exceeds the cost of simply demolishing and rebuilding City Hall or building a new City Hall at a different location on City-owned property. BACKGROUND AND POLICY IMPLICATIONS: At the Council's June 15, 2015, Study Session, City Administrator Dave Kanner proposed a comprehensive examination of options for replacing City Hall using the $100,000 appropriated in the current budget for a long-term facilities master plan. To that end, Mr. Kanner provided background information on past plans to replace City Hall which included a detailed history of City Hall remodels, additions, spacing needs, and needed seismic mitigation based on a 1994 seismic evaluation (see attached June 15, 2015, council communication). Based on the age of the existing seismic report, Council directed staff to complete a new seismic study on City Hall and the Parks and Recreation building. The City Hall seismic evaluation has been completed by Miller Consulting Engineers, Inc. (see attached report). The consultant's report outlines a plan with estimated costs to upgrade City Hall to allow occupants to safely exit the building after a major earthquake which, as he indicates in his executive summary, "may not be the case in its current state." The estimated cost to upgrade the existing facility to meet seismic requirements only (excluding soft and relocation costs) is estimated to be $176 per square foot or a total cost of $113631757. If the City Council were to choose this option, all employees in the existing building would have to be relocated for about nine months at an estimated cost of $17,426 per month or just under $157,000. Given that a seismic renovation of the existing facility requires a major rebuild to the building, Michael Morrison, Public Works Superintendent, recommended evaluating costs associated with modernizing all of the existing (aging) plumbing, HVAC systems and electrical systems. To assist with development of additional planning level cost estimates, staff hired Matt Small, Kistler Small + Page 1 of 3 P IF1 CITY OF ASHLAND White Architects, and John Kennedy, chief estimator with Vitus Construction, to provide economy of scale cost estimates for the following four options (see attached estimate): 1. Include soft cost and Temporary relocations costs to the to the seismic estimate 2. Estimated square foot costs for mechanical, electrical and plumbing, egress, ADA, fire suppression and tenant improvements 3. Estimated square foot costs to rebuild on the current City Hall site, replacing everything except the existing north and west historic facades. 4. Total estimated square foot costs to construct a new building elsewhere on City-Owned property, including parking and other issues arising out of its location. These costs are shown in table 1. Table l: Seismic Upgrades Additional cost for Total Remodel Rebuild on the New building on plus soft costs mechanical, Costs current City hall City Owned and relocation electrical and site replacing Property costs plumbing, egress, everything except ADA, Fire the existing north Suppression and and west wall Tenant Improvements $236 $338 $576 $405 $450 *All costs are per-square foot COUNCIL GOALS: Organization 4 Evaluate real property and City assets to strategically support city mission and goals 4.3 Examine city hall replacement and other facility needs. FISCAL IMPLICATIONS: The current budget includes $100,000 to fund a study for City Hall replacement. To date staff has expended $12,000 for the seismic upgrade analysis and an additional $1,000 for a building contractor to estimate cost for additional remodeling costs, rebuild in place costs and to build a new building in a different location on city owned property. STAFF RECOMMENDATION AND REQUESTED ACTION: Given the seismic report and the need for additional capital improvements at City Hall, staff recommends that the City move forward with a comprehensive examination of options for replacing or rebuilding City Hall. Staff seeks approval to issue an RFP to select a consultant team to examine options for replacing or rebuilding City Hall. SUGGESTED MOTION: N/A Page 2 of 3 ~r CITY OF ASHLAND ATTACHMENTS: March 3, 2014 Staff Report June 15, 2015 Staff Report Miller Consulting Engineers City Hall Seismic Upgrade Report Vitus Construction Inc Cost estimates Page 3 of 3 Owner-Directed Facility Seismic Evaluation Ashland City Hall 20 E. Main Street, Ashland, Oregon d it r Prepared for The City of Ashland Rv C T UR•q ~~~ED PROFFs~ G'NF-< ~ 4c, 1043 ~W y GREG o R Y Z c R . WPB EXPIRES: 06-30-2016 Prepared by MILLER CONSULTING ENGINEERS, INC. 9570 SW Barbur Boulevard, Suite 100 Portland, Oregon 97219 Ph.: 503-246-1250 MCE Project Number: 150899 December 7, 2015 TABLE OF CONTENTS Executive Summary - Photo Plan ......................................................................................................................4-5 Photos ...........................................................................................................................6-12 Structural plans ..........................................................................................................13 - 14 Background ................................................................................................................15 - 18 Definitions ..................................................................................................................19 - 20 Appendix Cost Tables .........................................................................................APPENDIX - A Supporting Calculations APPENDIX - B ASHLAND CITY HALL EXECUTIVE SUMMARY Overview The City of Ashland has hired Miller Consulting Engineers (MCE) to update our previous seismic evaluation report for the Ashland City Hall building dated August 5, 1994, considering the current state building code, which is the 2014 Oregon Structural Specialty Code (OSSC). The put-pose and goal of this facility seismic evaluation is to provide a schematic design for the upgrade of the building that meets the current code, as well as an engineer's preliminary estimate of probable construction costs to upgrade the building based on our review. This evaluation develops a plan to upgrade the facility to allow the occupants to safely exit the structure after a major earthquake, which may not be the case in its current state. The evaluation identified the following items that need to be addressed as part of the proposed seismic upgrade. • Strengthening the roof and floor diaphragms to transfer lateral loads to the walls • The connections between the walls and the diaphragm for in-plane and out-of-plane loads • Addressing the connections at the roof diaphragm to account for the plan irregularities • Providing shear walls in the east-west direction to support the diaphragm loading • Providing bonded shear walls to reinforce the unreinforced masonry walls for in-plane loads • Providing special concentric braced frames on the north and west walls on the main level to resist the required lateral loading of the building Based on the above items, we anticipate that the proposed upgrade work will take approximately seven months to complete and will require at a minimum the second floor to be vacated during construction. The following is our preliminary estimate of probable construction cost to upgrade the building: Performance Construction Contingency Total Cost Cost per sq. foot Objective Cost Cost OSSC Code Upgrade $111361464 $2271293 $1,3631757 $176 The above costs only consider the structural upgrades and corresponding work as required by the structural upgrades; the other concerns with the building such HVAC, plumbing, ADA access or other non-structural costs such as bracing the suspended ceilings are not included in this cost. Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 2 Furthermore, these estimates are limited to the repairs of the detailed items and do not include relocation costs of staff or other soft costs. Within our opinion of probable construction cost estimate, we have included the contractor's overhead and profit, as well as a 25% construction contingency to account for some differences in the field during construction. The structural cost is less than constructing a new facility, but when you add in the other costs, the upgrade cost may be more than the replacement cost. Background The Ashland City Hall building is located at 20 East Main Street in Ashland, Oregon. The building was originally constructed around 1891 with two additions added since that time. One addition was added around 1913 that expanded the building to the north on both stories and to the south on the first story only. Another addition was added in 1995 that extended the second floor on the south to be in line with the south wall of the 1913 addition. The current size of the building is approximately 7,745 square feet. Original construction documents were not available for our review, but documents from 1982 (Savikko), 1991 (Marquess and Associates) and 1996 (Afseth) were used in our evaluation. The building is comprised of two primary areas. One area is the main building area that is a two- story structure that has unreinforced masonry exterior walls on the east and west sides of the area, as well as an unreinforced masonry wall toward the south side of the building that was originally an exterior wall of the 1891 building. The other exterior walls of the main building area are cast-in-place concrete walls that were placed during the 1913 addition. The other area is the infill area that is between the main building area and the 1880 Pioneer Building to the east. The infill area is supported by the east wall of the main building area on the west and on the east by post-and-beam supports that are adjacent to the Pioneer Building. The infill area is approximately 18' wide by 75' long on the main floor. The upper floor is 14' wide by 45' long that has cast-in-place concrete exterior walls that are supported by the wood-framed diaphragm on the main level. The infill area does not have an apparent lateral force-resisting element on the main floor east side. The building houses several city offices including the mayor's office and support staff, as well as the water department. Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 3 Z-0291 w r r I I r 0224 0217 I 0264 0263 0285 0256 - > E-0254 f 1 1 1 ! I I I I I 1 I 1 3 I I I UPPER FLOOR PHOTO PLAN \_0234 Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 4 Z-0291 I f" I t 0236 02 44 -0235 V 0242 _1l I MAIN FLOOR PHOTO PLAN \--0234 r_ Owner-Directed Facility Seismic Evaluation Ashland City Hall VICE Project No. 150899 20 E. Main Street, Ashland, OR Page 5 t ?c r 1 MONO y aM PHOTO 0234 -North elevation of the building looking toward the northwest corner R i ~ 5 r PHOTO 0292 -West elevation of the building lookin to Owner-Directed Facility Seismic Evaluation g ward the southwest corn MCE Project No. 150899 er Ashland City Hall 20 E. Main Street, Ashland, OR Page 6 r W rFa~titi- a~t S7' A r PHOTO 0224 - Exposed east upper wall of the main building area looking toward the northeast •II~I R .vt PHOTO 0217 - Main building area roof looking toward the south Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 7 y _ - t aq, v f//ff ~ t oil" j ~ v' , 1151 MEN FY_ PHOTO 0256 - Main building area roof framing looking west 71711 i =hF PHOTO 0264 - Main building area roof framing looking south Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 8 Y~.1 3 j 3 ` sC'«2 - l, Y Aliu* td, !n Vi, PHOTO 0254 -Joint at the east wall between the 1891 building to the south and the 1913 addition K t z 3 1 p j t PHOTO 0261- HVAC access in the upper floor ceiling cavity through the east wall Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 9 ~ i v~~ t 3 Y t I~ 4+1 a I PHOTO 0263 - Upper floor ceiling cavity looking toward the southwest -Y~ 00 _WzI E. A saw yPHOTO 0285 - Exposed unreinforced masonry wall in the mayor's office vestibule Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 10 t r 1 n ~ PHOTO 0236 - Upper floor framing visible in the main floor ceiling cavity adjacent to a vault ^ iYgy t 1. yy 4 PHOTO 0242 - Upper floor connection at the east URM wall of the main building area Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 11 Qg i~ ~j y .eta D i ~ t 'ri i..'+k',..:~•,` ~~(~Ve'x+r.et*,n!,.m ~r~-.-~ vim,, ..r ,~,r+s+a.,.• i K z ~y .T 1 1 tw „w + r PHOTO 0244 - Main floor ceiling cavity in the main building area 4 tY t. -44 Ilk ,•1 PHOTO 0235 -Access opening through the east URM wall in the main building area Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 12 f l.ss f S6 f f S3 S1 S2 S5 f Strengthen the roof diaphragm S2 Strengthen the upper floor ceiling diaphragm S3 S3 Add bonded shear walls to strengthen the URM walls 54 Add east-west shear walls to support the wood framed diaphragm 55 Add drag-struts at the end of the infill roof area as required S6 Add drag-struts to connect the 1995 addition SECOND STRUCTURAL PLAN to the main building area Owner-Directed Facility Seismic Evaluation Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 13 S7 r S6 I i S1 - CS E S8 S5 S4 S3 S3 S1 0 Strengthen the upper floor diaphragm S2 Add bonded shear walls to strengthen the URM walls 0 Add east-west shear walls to support the S8 wood framed diaphragm Add a shear wall along the east edge of the C $2 S4 infill area as required S5 Add drag-struts at the end of the infill area roof diaphragm as required 56 Add drag-struts at the end of the infill area FP lc~j floor diaphragm as required S~ Add drag-struts to connect the 1995 addition to the main building area MAIN STRUCTURAL PLAN S8 Add Special Concentric Braced Frame (SCBF) to the main building area Owner-Directed Facility Seismic Evaluations Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 14 Background The Ashland City Hall building is comprised of two primary building areas described below. The building was originally constructed around 1891 as an unreinforced masonry building that has had two major additions added since that time, along with several interior remodels over the life of the building. One addition was added around 1913, which expanded the building to the north on both stories and to the south on the first story only. Another addition was added in 1995 that extended the second floor to the south so to be in line with the south wall of the 1913 main floor addition. The building houses several city offices including the mayor's office and support staff, as well as the water department. One area is the main building area that is a two-story structure that has unreinforced masonry walls on the east and west sides of the area, as well as an unreinforced masonry wall from the original building toward the south side of the building. The other exterior walls of the main building area are cast-in-place concrete walls that were placed during the 1913 addition. The other area of the building is the infill area that is between the main building area and the 1880 Pioneer Building to the East. The infill area is supported by the main building area on the west and on the east by post-and-beam supports that are adjacent to the 1880 Pioneer Building. The infill area is approximately 18' wide by 75' long on the main floor that does not have an apparent lateral force-resisting element on the east side. The upper floor is 14' wide by 45' long that has cast-in-place concrete exterior walls that are supported by the wood-framed diaphragm of the main level. Main Building Area The main building section is a two-story area that is constructed of three different wall materials including unreinforced masonry walls, cast-in-place concrete walls and light wood-framed walls along the exterior of the 1995 addition. The roof is built with straight sheathing that spans in the north and south direction and is perpendicular to the roof framing. In addition, there are several interior partition walls on the main floor that may be seismic hazards, including the unreinforced masonry wall at the south office area and the cell block area. The main building area can be evaluated in three different conditions. One condition is as the building exists today, where it appears that none of the previous recommendations have been considered. Another condition would be if the building had been seismically upgraded in 1994 when the report was originally generated; the last condition is if the work that is being proposed today is considered. Currently, the existing main building area roof diaphragm has a demand-to- capacity ratio (DCR) of 29 and the main floor diaphragm has a DCR of 19. The unreinforced masonry walls on the upper floor have a DCR of up to 5.4 and on the main floor the unreinforced masonry walls have a DCR of 4.8 in the north-south direction and a DCR of 21 in the east-west Owner-Directed Facility Seismic Evaluation Ashland City Hall VICE Project No. 150899 20 E. Main Street, Ashland, OR Page 15 direction. Typically, when reporting DCR numbers that are greater than 10, the number is capped at 10 to demonstrate that the element has no capacity, but, in this case, we have not done that in order to demonstrate the deficiencies of the building. If the upgrade work was completed following the 1994 report, there would be some concerns today based on the changes to the OSSC, which in this case the seismic base loading has increased by 52% (the seismic coefficient increased from 0.17 g to 0.26 g). There have also been some changes in the way designers address seismic loads and how materials are used in resisting the seismic loading. In addition, the roof diaphragm would also be a concern based on the fact that straight sheathing is not recommended for use in masonry buildings based on the lack of stiffness of the diaphragm. The unreinforced masonry walls on the upper floor would have a DCR of up to 2.5 and on the main floor the unreinforced masonry walls would have a DCR of 4.8 in the north-south direction. The plywood shear- walls on the upper floor would have a DCR of up to 1.2 and on the main floor the plywood shear walls would have a DCR of 2.5 in the east- west direction. The fact that the 1994 renovation is deficient is a result of. As part of the third condition, there are a number of structural concerns that will need to be addressed including the following: the lack of parapet bracing for the parapet walls that are taller than 12" above the roof diaphragm; the need to strengthen the roof, upper floor ceiling and floor diaphragms for the imposed lateral loads; the need to provide lateral force resisting elements to support the in-plane unreinforced masonry wall loading; the lack of anchorage between the diaphragms and the unreinforced masonry walls; and the lack of drag struts at the end of the infill area on the upper and main floors. It is assumed that the exterior unreinforced masonry walls have adequate strength to resist the out-of-plane loading, but this assumption will need to be verified in the field prior to commencing the seismic strengthening of the building. Main Building Area Recommendations For the lack of parapet bracing, use custom brackets to connect the parapet walls back to the roof diaphragm. For the inadequate diaphragms, add plywood sheathing at the diaphragm level, as well as additional in-plane shear walls on the upper and main floors to reduce the loading on the diaphragm as well as the exterior shear walls lines. In addition, bonded shear walls may be used in the attic area to transfer loads between the roof diaphragm and the ceiling diaphragm of the upper level. For the inadequate lateral force-resisting elements (the unreinforced masonry walls), add bonded shear walls to resist the in-plane loading as required by code. For the lack of drag strut connections between the infill area and the main building area, use custom brackets to connect the areas together. Infill Area It appears that the infill area existed before the 1913 addition was built, but it was most likely significantly remodeled during the 1913 addition. Consequently, we considered the infill portion Owner-Directed Facility Seismic Evaluations Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 16 of the building to be part of the 1913 addition. The infill area is supported on the west by the east unreinforced masonry wall of the main building area and on the east by post-and-beam supports that are adjacent to the Pioneer Building. The infill area is approximately 18' wide by 75' long on the main floor, which does not have an apparent lateral force resisting element on the east side adjacent to the Pioneer Building. The upper floor is 14' wide by 45' long that has cast-in-place concrete exterior walls that are supported by the wood-framed diaphragm of the main level. The concrete walls that are supported by the wood-framed floor diaphragm are of some concern, because the infill area does not have an apparent lateral force resisting element on the main floor east side. There is also some concern with the north wall of the infill area and how the diaphragms are connected to the exterior walls. Lastly, there is not an isolation joist between the north wall or the floor diaphragm of the infill area and the adjacent Pioneer Building. During a seismic event pounding of these two buildings may occur that could cause additional damage to the City Hall building, as well as to the Pioneer Building. In order to address pounding, the buildings can either be separated by a seismic isolation joint or tied together so that the two buildings work together. Infill Area Recommendations Most of the repairs at the infill area are similar to the repairs as required at the main building area, including the addition of connections between the walls and the diaphragm for in-plane and out-of-plane loads. For the potential pounding concern, a seismic isolation joist should be added between the infill area and the adjacent Pioneer Building. Due to the existing concrete vaults, the bonded shear walls that are being added to strengthen the east unreinforced masonry wall of the main building area will need to be built on the east side of the unreinforced masonry wall in the infill area. Limitations The information contained in this report is for the exclusive use of the City of Ashland. Miller Consulting Engineers, Inc. assumes no responsibility or liability for any use of this report by other parties. This report relates solely to the stated purpose of this investigation; and no representations concerning other aspects (if any) of the circumstance, structure or site are included. The conclusions (if any) are based on the above stated visual structural observations, and no destructive testing or monitoring was performed. Specific construction details exceed the scope of this report. No guarantee or warranty, expressed or implied, is provided. Opinions of Probable Construction Cost In providing opinions of probable construction cost, the Client understands that the Consultant has no control over the cost or availability of labor, equipment or materials, or over market conditions of the Contractor's method of pricing, and that the Consultant's opinions of probable Owner-Directed Facility Seismic Evaluations Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 17 construction costs are made on the basis of the Consultant's professional judgment and experience. Within our opinion of probable construction cost estimate, we have included the contractor's overhead and profit, as well as a 25% construction contingency to account for some differences in the field during construction. The Consultant makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from the Consultant's opinion of probable construction cost. Opinions of probable construction cost only include the cost to perform the retrofit work, cost to provide temporary storage for displaced material, removal of contents, a contained work environment with ventilation, and protection of fragile finishes. Items excluded from the opinions of probable construction cost that should also be considered include, but are not limited to, staff relocation, bonding, insurance, and permits. Owner-Directed Facility Seismic Evaluations Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 18 A list of definitions is included below to assist the reader with the technical teams used throughout this report. Definitions Clerestory: A vertical step in the roof containing windows. CMU Wall: A Concrete Masonry Unit wall is constructed of modular hollow concrete blocks that are attached together with mortar. Collector: A component that transfers lateral load from the building diaphragm to the lateral force-resisting system. Concrete Tilt Panel: A concrete wall that was constructed flat on the ground and then tilted into place. Continuity Tie: A structural tie, such as a strap, to ensure transfer of loads from one member to another aligned member. Diagonal Sheathing: A type of roof sheathing where 1 x wood members are nailed at a 45 degree angle across roof or wall framing. Diaphragm: A roof or floor that supports walls. Dynamic Landslide: A landslide caused by an earthquake. Essential Facilities (2012 IBC): Buildings and other structures that are intended to remain operational in the event of extreme environmental loading from flood, wind, snow, or earthquakes. The word operational in this definition is the distinguishing link between the ASCE 41-13 and the 2012 IBC. Glazing: The glass portion of a window. Glulam Beam: An engineered wood beam constructed of many layers of wood glued together. Immediate Occupancy (ASCE 41-13): Overall damage is light; no permanent drift; the structure substantially retains original strength and stiffness; and continued occupancy is likely. Equipment is generally secure but might not operate due to mechanical failure or lack of utilities. There may be some cracking of facades, partitions, and ceilings, as well as structural elements. All systems important to normal operation may not be functional. Life-Safety Structural Performance (ASCE 41-13): Postearthquake damage to a structure is such that the building retains capacity against onset of partial or full collapse. Liquefaction: The rapid shaking of the soil during an earthquake, which results in the soil acting like a liquid rather than a solid, reducing the ability of the soil to carry the weight of the above structure. Owner-Directed Facility Seismic Evaluations Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 19 Load Path: A path through which seismic forces travel through the building to the foundation. Non-Structural Component: A permanently installed covering, mechanical or electrical component that does not support the primary structure. Open Web Joist: A structural steel member composed of a top and bottom component with diagonal and vertical members linked in between. Operational (ASCE 41-13): Overall damage is very light; no permanent drift; the structure retains substantial original strength and stiffness. The occupancy is continuous and use of the structure is highly likely. Negligible damage occurs to the equipment and power and other utilities are available, possibly from standby sources. There is minor cracking of facades, partitions, ceilings, and structural elements. All systems important to normal operation are functional. Out-of-plane (forces/wall): Loads that act on a wall that typically are trying to push or pull the wall away from the floor or roof. Performance Objective: One or more pairings of the selected hazard level with the acceptable or desirable structural and non-structural performance level. Pilaster: A supporting column whose partial girth protrudes from the wall. Post-Installed Anchor: A bolt that is installed in hardened concrete. Primary Structure: A portion of a structure that is used to support gravity, snow, rain or wind and earthquake loads. R&R: Remove and replace. Seismic Evaluation: A study to evaluate a building's capacity to resist loads from an earthquake. Shear Wall: A wall that resists seismic forces applied to it that are transferred from the roof and/or floor levels. Ship-lap: A type of roof sheathing where 1 x wood members are spaced over roof framing and overlap with adjoining members. Special Concentrically Braced Frame: A steel frame that resists lateral loads through its diagonal members. Straight Sheathing: A type of roof sheathing where 1 x wood members are nailed perpendicular to roof or wall framing. Surface Fault Rupture: Where a fault line opens up creating a crack in the soil. Owner-Directed Facility Seismic Evaluations Ashland City Hall MCE Project No. 150899 20 E. Main Street, Ashland, OR Page 20 APPENDIX -A ESTIMATE OF PROBABLE CONSTRUCTION COST STRUCTURAL PROJECT: Owner Directed Facility Seismic Evaluations JOB NO.: 150799 LOCATION: Ashland City Hall CLIENT: City of Ashland DATE: 7-Dec-15 TAKE-OFF BY: ERW CHECKED BY: RGV SEISMIC UNIT TOTAL DESCRIPTION ACTIVITY QUANTITY UNIT PRICE PRICE SUBTOTALS Mobilization Job Trailer 7 Month $500 $3,500 Supervisor 30 Week $4,125 $123,750 Construction Aids Lift 5004 capacity Provide scissor lifts 7 Month $4,300 $30,100 Temporary Storage Provide (2) 40' container 7 Month $1,000 $7,000 for storage as required Ventalation Negative Air Equipment 30 Week $2,000 $60,000 per (4) zones $224,350 Strengthen Roof Remove (E) TPO roofing 2880 S.F. $2 $5,760 Diaphragm Add Plywood 2520 S.F. $4 $10,080 Add parapet bracing @ 4' 120 L.F. $400 $48,000 o.c. for walls > 16" tall Add Blocking between 228 L.F. $25 $5,700 rafters@ anchors Build bonded shear walls in attic for IP and OOP 798 S.F. $15 $11,970 (using 3.5' tall attic walls) New Roofing New TPO Roofing with 2880 S.F. $20 $57,600 rigid insulation Strengthen Upper Floor Remove all contents on 2880 S.F. $15 $43,200 Ceiling Diaphragm upper floor Temporary work area 2880 S.F. $2 $4,320 Add Plywood 2520 S.F. $8 $20,160 Out of plane ties @ 4' o.c. 24 Ea. $400 $9,527 (excluding bonded walls) Add Blocking between 228 L.F. $25 $5,700 rafters@ anchors Add perimeter angle and 228 L.F. $50 $11,400 anchors in masonry ESTIMATE OF PROBABLE CONSTRUCTION COST STRUCTURAL SEISMIC UNIT TOTAL DESCRIPTION ACTIVITY QUANTITY UNIT PRICE PRICE SUBTOTALS Drag-strut and Custom drag-strut at 1 Ea. $2,000 $2,000 continuity ties Gridline 3 Install strap at Gridline 3 1 Ea. $1,000 $1,000 Install Simpson HD at 7-A 2 Ea. $500 $1,000 and 7-B Strengthen the east Repoint exterior masonry 600 S.F. $20 $12,000 exterior masonry wall walls Strengthen upper floor Add Plywood 2520 S.F. $4 $10,080 diaphragm Add ties @ 2' o.c. for the 41 Ea. $400 $16,500 (E) parallel walls Out of plane ties @ T o.c. 36 Ea. $400 $14,250 (excluding bonded walls) Add Blocking between 228 L.F. $25 $5,700 rafters@ anchors Add perimeter angle and 228 L.F. $50 $11,400 anchors in masonry Drag-strut and Custom drab strut at 2 Ea. $2,000 $4,000 continuity ties Gridline 3 and 6 Install strap at Gridline 3 2 Ea. $1,000 $2,000 Install Simpson HD at 7-A 2 Ea. $500 $1,000 and 7-B Strengthen main floor Out of plane ties @ T o.c. 36 Ea. $400 $14,250 diaphragm (excluding bonded walls) Add Blocking between 228 L.F. $25 $5,700 rafters@ anchors Add perimeter angle and 228 L.F. $50 $ 11,400 anchors in masonry Second floor shear wall Demo (E) wall finishes 336 S. F. $4 $1,344 at Grid 1 Build 5'-4" and 7-6" 336 S.F. $25 $8,400 bonded shear walls Holdown at each wall end 4 Ea. $400 $1,600 (N) gypsum and finish 336 S.F. $12 $4,032 ESTIMATE OF PROBABLE CONSTRUCTION COST STRUCTURAL SEISMIC UNIT TOTAL DESCRIPTION ACTIVITY QUANTITY UNIT PRICE PRICE SUBTOTALS Second floor shear wall Demo (E) wall finishes 228 S.F. $4 $912 at Grid 2(N) Build 19'-0" shear wall 228 S.F. $8 $1,824 Holdown at each wall end 2 Ea. $400 $800 (N) gypsum and finish 228 S.F. $12 $2,736 Second floor shear wall Demo (E) wall finishes 279 S.F. $4 $1,116 at Grid 2(S) Build 23'-3" shear wall 279 S.F. $8 $2,232 Holdown at each wall end 2 Ea. $400 $800 (N) gypsum and finish 279 S.F. $12 $3,348 Second floor shear wall Demo (E) wall finishes 243 S.F. $4 $972 at Grid 4 Build 6'-3" and 14'-0" 243 S.F. $10 $2,430 shear walls Holdown at each wall end 4 Ea. $400 $1,600 (N) gypsum and finish 243 S.F. $12 $2,916 Second floor shear wall Demo (E) wall finishes 154 S.F. $4 $616 at Grid 7 Build 12'-10" bonded shear 154 S.F. $25 $3,852 walls (N) gypsum and finish 154 S.F. $12 $1,849 Second floor shear wall Demo (E) wall finishes 243 S.F. $4 $972 at Grid 8 Holdown at each wall end 6 Ea. $400 $2,400 (N) gypsum and finish 243 S.F. $12 $2,916 Second floor shear wall Demo (E) wall finishes 568 S.F. $4 $2,272 at Grid A Build 13'-3", 15'-10" and 568 S.F. $25 $14,200 18'-3" bonded shear walls (N) gypsum and finish 568 S.F. $12 $6,816 Second floor shear wall Demo (E) wall finishes 581 S. F. $4 $2,324 at Grid B Build 13'-4", 14'-10" and 581 S.F. $25 $14,524 20'-3" bonded shear walls (N) gypsum and finish 581 S. F. $12 $6,971 ESTIMATE OF PROBABLE CONSTRUCTION COST STRUCTURAL SEISMIC UNIT TOTAL DESCRIPTION ACTIVITY QUANTITY UNIT PRICE PRICE SUBTOTALS Second floor shear wall Demo (E) wall finishes 408 S.F. $4 $1,632 at Grid C Build 6'-0", T-0" and 21'- 408 S.F. $25 $10,200 0" bonded shear walls (N) gypsum and finish 408 S.F. $12 $4,896 Main floor braced frame Demo (E) wall finishes 306 S.F. $4 $1,224 at Grid 1 Demo floor to build 96 S.F. $10 $960 footing Excavate for new footing 24 L.F. $60 $1,440 New concrete foundation 24 L.F. $200 $4,800 Build 20' SCBF frame 1 Ea. $30,000 $30,000 Connections at SCBF 1 Ea. $5,000 $5,000 Rebuild floor with finish 96 S.F. $20 $1,920 (N) gypsum and finish 306 S.F. $12 $3,672 Main floor shear wall at Demo (E) wall finishes 183 S.F. $4 $731 Grid 2(N) Demo floor to build 64 S.F. $10 $640 footing Excavate for new footing 16 L.F. $60 $960 Add concrete foundation 16 L.F. $200 $3,200 Build 14'-4" shear wall 183 S.F. $8 $1,462 Holdown at each wall end 2 Ea. $1,000 $2,000 Rebuild floor with finish 64 S.F. $20 $1,280 (N) gypsum and finish 183 S.F. $12 $2,192 Main floor shear wall at Demo (E) wall finishes 314 S.F. $4 $1,258 Grid 2(S) Demo floor to build 99 S. F. $10 $986 footing Excavate for new footing 25 L.F. $60 $1,480 Add concrete foundation 25 L.F. $200 $4,932 Build 10'-4" and 14'-4" 314 S.F. $8 $2,515 shear walls Holdown at each wall end 4 Ea. $1,000 $4,000 Rebuild floor with finish 99 S.F. $20 $1,973 (N) gypsum and finish 314 S.F. $12 $3,773 ESTIMATE OF PROBABLE CONSTRUCTION COST STRUCTURAL SEISMIC UNIT TOTAL DESCRIPTION ACTIVITY QUANTITY UNIT PRICE PRICE SUBTOTALS Main floor shear wall at Demo (E) wall finishes 314 S.F. $4 $1,258 Grid 5 Demo floor to build 99 S.F. $10 $986 footing Excavate for new footing 25 L.F. $60 $1,480 Add concrete foundation 25 L.F. $200 $4,932 Build 10'-4" and 14'-4" 314 S.F. $8 $2,515 shear walls Holdown at each wall end 4 Ea. $1,000 $4,000 Rebuild floor with finish 99 S.F. $20 $1,973 (N) gypsum and finish 314 S.F. $12 $3,773 Main floor shear wall at Demo (E) wall finishes 351 S.F. $4 $1,403 Grid 7 Build 13'-0" and 14'-6" 351 S.F. $25 $8,766 bonded shear walls (N) gypsum and finish 351 S.F. $12 $4,208 Main floor shear wall at Demo (E) wall finishes 132 S.F. $4 $527 Grid 8 Build 10'-4" bonded shear 132 S.F. $25 $3,293 wall Holdown at each wall end 2 Ea. $1,000 $2,000 (N) gypsum and finish 132 S.F. $12 $1,580 Main floor shear wall at Demo (E) wall finishes 306 S.F. $4 $1,224 Grid A Demo floor to build 96 S.F. $10 $960 footing Excavate for new footing 24 L.F. $60 $1,440 New concrete foundation 24 L.F. $200 $4,800 Build 20' SCBF frame 1 Ea. $30,000 $30,000 Connections at SCBF 1 Ea. $5,000 $5,000 Rebuild floor with finish 96 S.F. $20 $1,920 (N) gypsum and finish 306 S.F. $12 $3,672 Main floor shear wall at Demo (E) wall finishes 861 S.F. $4 $3,443 Grid B Build 11'-0", 12'-0", 201-0" and 24'-6" bonded shear 861 S.F. $25 $21,516 walls (N) gypsum and finish 861 S.F. $12 $10,328 ESTIMATE OF PROBABLE CONSTRUCTION COST STRUCTURAL SEISMIC UNIT TOTAL DESCRIPTION ACTIVITY QUANTITY UNIT PRICE PRICE SUBTOTALS Main floor shear wall at Demo (E) wall finishes 255 S.F. $4 $1,020 Grid D Demo floor to build 80 S.F. $10 $800 footing Excavate for new footing 20 L.F. $60 $1,200 Add concrete foundation 20 L.F. $200 $4,000 Build 20'-0" shear wall 255 S.F. $10 $2,550 Holdown at each wall end 2 Ea. $1,000 $2,000 Rebuild floor with finish 80 S.F. $20 $1,600 (N) gypsum and finish 255 S.F. $12 $3,060 $684,821 Sub-total $909,171 Contractor Overhead and Profit (25%) $227,293 Construction Contingency (25%) 5227,293 Total Seismic Construction Cost $1,363,757 APPENDIX - B Building Code: 2014 Oregon Structural Specialty Code Soils Report: No Soils Report by: N/A Dated: N/A Soil Bearing: 1500 PSF Retaining Walls: No Equivalent Fluid Pressure (active): N/A PCF Passive bearing: N/A PCF Friction: N/A Structural System: Building Structure Vertical System: Wood framed roof / masonry walls Lateral Sys: Flexible Diaphragm / Concrete or Masonry Shearwalls Element Roof Floor Corridor Wood Wall Load Type Dead Dead Dead Dead Basic Design Value (PSF) 15 15 15 8 Loads: Load Type Snow Floor Live Corridor Live Brick Wall Value (PSF) 25 40 100 Dead Deflection Criteria U240 U360 L/360 120 Lateral Design Parameters: Wind Design: ASCE 7-10 Wind Speed (3 sec Gust): 120 MPH Exposure B Importance Factors Iw = 1.00 IE = 1.00 IS = 1.00 I; = 1.00 Risk Cat: li (ice w/ wind) (seismic) (snow) (ice) Seismic Design Seismic design parameters are based on published values from the USGS web site. Design Summary: The following calculations are schematic analysis of the existing URM building located in Ashland, Oregon considering current code loading with proposed shear wall upgrade design concepts. The braced frame analysis and design is not included in this scope of work. 9570 SW Berbur Blvd, Project Name: Ashland City Hall Seismic Evaluation Project 150899 1414 Suite One Hundred Portland, OR 97219 Location: 20 E Main Street, Ashland, Oregon MILLER (503)246-1250 Client: City of Ashland CONSULTING FAX: 246-1395 ENGINEERS BY: ERW Ck'd: Date: 12/08/15 Page 1 2 4! SGSDesign Maps Summary Report --,.,U User-Specified Input Report Title Ashland City Hall Evaluation '::red October id 2015 00:21:15 UTC Building Code Reference Document 2012 International Building Code (tVhich L tili-cs USGS hazard data availably in 2000 Site Coordinates 42.196731N, 122.714531W Site Soil Classification Site Class D - "Stiff Soil" Risk Category I/II/III 2mi Talent i hlanti O~y4 AA ~I r .a aclue-, t 62015 f►laj)Quest Sonie iiata'02015'"4 0 nlal*Quest USGS-Provided Output SS = 0.619 g SMS = 0.808 g SOS = 0.538 g S1 = 0.318 g SMI = 0.561 g SD1 = 0.374 g For information on how the SS and S1 values above have been calculated from probabilistic (risk-targeted) and deterministic ground motions in the direction of maximum horizontal response, please return to the application and select the "2009 NEHRV building code reference document. [ACER Response Spectrum Design Response Spectrum 1l, r; c . _ rr F, d 10 ~ U...4 7, 7, 12 - it ire" -l 61, r),~p (r,al_r Q,r",rl Il,~i! 1•Iiil 1.: 1..ri! 1.r C1 1.'~il •i!rl <r•i!il I)..I"r i!, 1) 01 i).r:A 1,nf1 l.:.16 1.41) 1.$-1) 1.1'4 Period, T (sec) Period, T (sec) Ahhough this inforniation is a E:rodrict of th", U.S. C~culrigical Survey, !'ate 1='r()vi6h no vian-arlty, e;;pr_ss?d or in-iinlit-d, as to the ---0 Ln (J nn`I ry 0 a I CD ; [ ~ ~I ff i, r i o cc `I 3 O z J_ Qn !I 1 ~ U J ' ^r/ O . y I - Lb -1 Building Geometries and Weights: Roofs: East Upper Section East = 11500 lb Width = 14.25 ft West = 51800 lb Length = 45.00 ft Sub Total = 63300 lb 2nd Floor Height = 12.00 ft Second Floor: East = 24500 lb East Main Section West = 51800 lb Width = 78.00 ft Sub Total = 76300 lb Length = 64.00 ft 1st Floor Height = 12.75 ft Upper East-West Walls: (starting at north wall) GL 1 = 97200 lb West Section GL 2(N) = 0 lb Width = 30.00 ft GL 2(S) = 0 lb Length = 96.00 ft GL 3 = 7840 lb 2nd Floor Height = 12.00 ft GL 4 = 0 lb 1st Floor Height = 12.75 ft GL 5 = 0 lb GL 6 = 0 lb Roof Weight = 18 psf GL 7 = 36000 lb 8" Concrete Wall = 80 psf GL 8 = 0 lb 13.5" Concrete Wall = 168.75 psf Sub Total = 141040 lb 2 Wythe Wall = 80 psf Upper North-South Walls: (starting at west wall) 3 Wythe Wall = 120 psf GL A = 101000 lb Second floor = 18 psf GL B = 101000 ib GLC = 24750 lb GLD= 0 lb Sub Total = 226750 lb Total = 431090 lb Main East-West Walls: (starting at north wall) G L 1= 100400 lb GL 2(N) = 0 lb GL 2(S) = 0 lb GL 3 = 7840 lb GL 4 = 0 lb GL 5 = 0 lb GL 6 = 11480 lb GL 7 = 44600 lb GL 8 = 15300 lb Sub Total = 179620 lb Main North-South Walls: (starting at west wall) GLA= 130850 lb GL B = 130850 lb GLC = 24750 lb GLD= 0 lb Sub Total = 286450 lb Total = 542370 lb, ASCE 7-10 Seismic Design ( S, = 61.90% Risk Targeted Maximum Considered Earthquake (Figure 22-1, 22-3, 22-5, and 22-6)(pages 158 through 165) S, = 31.80% Risk Targeted Maximum Considered Earthquake (Figure 22-2, 22-4, 22-5, and 22-6)(pages 158 through 165) Fa= 1.30 Table 11.4-1, page 55 Fv= 1.76 Table 11.4-1, page 55 Srns= F. S. = 0.81 eqn. 11.4-1 page 55 Ski, = F„ S, = 0.56 eqn. 11.4-2 page 55 Sus= (2) Sms/(3) = 0.54 eqn. 11.4-3 page 55 SDI= (2) S,,,,/(3) = 0.37 eqn. 11.4-4 page 55 Site Class D Table 20.3-1, page 152 Risk Category II Table 1.5.1, page 2 Seismic Force Resisting System A. Bearing Wall System 10. Ordinary plain masonry shear walls Seismic Design Category (short per.) D Table 11.6-1, page 56 Seismic Design Category (1 sec) D Table 11.6-2, page 56 Seismic Design Category D (Controls) R = 1.50 Table 12.2-1, pages 60-62 = 2.50 Table 12.2-1, pages 60-62 Cd = 1.25 Table 12.2-1, pages 60-62 IE = 1.00 Importance factor, Table 1.5-2, page 4 CT = 0.02 Table 12.8-2, page 72 X = 0.75 Table 12.6-2, page 72 h„ = 24.75 R, defined in section 12.8.2.1, page 72 T = 0.222 Eqn. 12.8-7, page 72 k = 1.00 Section 12.8.3, page 73 Cu = 1.4 Table 12.8-1, page 72 Ta ,,,,x = 0.311 section 12.8.2, page 72 C. = 0.359 Eqn. 12.8-2, pg 72 TL = 16 Fig. 22-12 through 22-16, page 170-173 C'= 1.123 need not exceed - Eq. 12.8-3 & 12.8-4, page 71-72 C. = 0.024 shall not be less than -Eq. 12.8-5 & 12.8-6, page 72 C. = 0,251 (control) • 0.7 (for allowable loads) W'.d = 431090 lb W2,w = 539170 lb Redundancy Factor p: 1.00 Section 12.3.4, pg 67 Vroof = CsW = 0.251(W) = 108322 lb, Eq. 12.8-1, pg 71 V2nd = CsW = 0.251(W) = 135480 lb, Eq. 12.8-1, pg 71 Vertical Distribution of Seismic Forces: Eqn. 12.8-11 & Eq. 12.8-12, pg 72-73 Level h, (ft.) %(lb) W. h~k Cv Force (ibs) with Roof 24.75 431090 10669477.5 0.61 148271 148271 2nd 12.75 539170 6874417.5 0.39 95532 96632 17543895 Total Base Shear 243803 t ~:~1 ley t ~ ~ J Shear Load from Vertical Distribution: Roof Load = 148271 lb Main Load = 95532 lb 243803 Shear Wall Distribution: Roof-Long Roof-Trans Main-Long Main-Trans East= 19340 36250 43820 49250 West= 185000 253800 212100 313500 Total= 204340 290050 255920 362750 Shear Wall Loading/Diaphragm Loads: Seismic (lb) Roof Roof SW Shear (PLF) Second 2nd SW Shear (PLF) Gridline 1 27848 20 1370 46158 9 5130 GL 2(N) = 22299 19 1174 36489 14 2546 GL 2(S) = 28569 23 1229 54153 14 3779 GL 3 = To GL2 & 4 N/A N/A N/A N/A GL 4 = 36951 20 1825 N/A N/A GL 5 = N/A N/A N/A 53359 25 2164 GL 6 = N/A N/A N/A To GL5 &7 N/A G L 7 = 23313 13 1817 37759 28 1373 GL 8 = 8953 21 426 14185 21 675 147933 242104 GLA = 67119 56 1206 106706 31 3442 G L B = 74136 66 1131 123104 77 1597 GL C = 7017 37 190 N/A N/A GLD = N/A N/A N/A 13993 20 700 148271 243803 c + r r E F !r f> tj i 3 t{ 1 ASCE 7-10 Seismic Design t l~ U S, = 61.90% Risk Targeted Maximum Considered Earthquake (Figure 22-1, 22-3, 22-5, and 22-6)(pages 158 through 165) S, = 31.80% Risk Targeted Maximum Considered Earthquake (Figure 22-2, 22-4, 22-5, and 22-6)(pages 158 through 165) Fa= 1.30 Table 11.4-1, page 55 Fv= 1.76 Table 11.4-1, page 55 Su.s= F. S. = 0.81 eqn. 11.4-1 page 55 S,,,, = F~ S, = 0.56 eqn. 11.4-2 page 55 Scs= (2) SMs/(3) = 0.54 eqn. 11.4-3 page 55 Sp, _ (2) Sm„/(3) = 0.37 eqn. 11.4-4 page 55 Site Class D Table 20.3-1, page 152 Risk Category 11 Table 1.5-1, page 2 Seismic Force Resisting System A. Bearing Wall System 15. Light framed (wood) walls sheathed with wood structural panels rated for shear resistance Seismic Design Category (short per.) D Table 11.6-1, page 56 Seismic Design Category (1 sec) D Table 11.6-2, page 56 Seismic Design Category D (Controls) R = 6.50 Table 12.2-1, pages 60-62 i7 = 3.00 Table 12.2-1, pages 60-62 Cd= 4.00 Table 12.2-1, pages 60-62 IE = 1.00 Importance factor, Table 1.5-2, page 4 CT = 0.02 Table 12.8-2, page 72 X = 0.75 Table 12.8-2, page 72 h„ = 24.75 R, defined in section 12.8.2.1, page 72 T = 0.222 Eqn. 12.8-7, page 72 k = 1.00 Section 12.8.3, page 73 Cu = 1.4 Table 12.8-1, page 72 Ta . = 0.311 section 12.8.2, page 72 C. = 0.083 Eqn. 12.8-2, pg 72 TL = 16 Fig. 22-12 through 22-16, page 170-173 C. = 0.259 need not exceed - Eq. 12.8-3 & 12.8-4, page 71-72 C. = 0.024 shall not be less than -Eq. 12.8-5 & 12.8-6, page 72 C, = 0.058 (control) ' 0.7 (for allowable loads) W,,,r = 431090 lb Wz,d= 542370 1b Redundancy Factor p: 1.00 Section 12.3.4, pg 67 Vroof = CsW = 0.058(W) = 24997 lb, Eq. 12.8-1, pg 71 V2nd = CsW = 0.058(W) = 31450 lb, Eq. 12.8-1, pg 71 Vertical Distribution of Seismic Forces: Eqn. 12.8-11 & Eq. 12.8-12, pg 72-73 Level h. (ft.) w.(lb) w.h.' Cv Force (ibs) with p: Roof 24.75 431090 10669477.5 0.61 34250 34250 2nd 12.75 542370 6915217.5 0.39 22198 22198 17584695 Total Base Shear 56448 Shear Load from Vertical Distribution: I,e, Roof Load = 34250 lb Main Load = 22198 lb 56448 Shear Wall Distribution: Roof-Long Roof-Trans Main-Long Main-Trans East= 19340 36250 43820 49250 West= 185000 253800 212100 313500 Total= 204340 290050 255920 362750 Shear Wall Loading/Diaphragm Loads: Seismic (lb) Roof Roof SW Shear (PLF) Second 2nd SW Shear (PLF) Gridline 1 6433 20 316 10687 4 3054 GL 2(N) = 5151 19 271 8448 14 590 GL 2(S) = 6599 23 284 12534 14 875 GL 3 = To GL2 & 4 N/A N/A N/A N/A GL 4 = 8535 20 422 N/A N/A GL 5 = N/A N/A N/A 12359 25 501 GL 6 = N/A N/A N/A To GL5 &7 N/A GL 7 = 5385 13 420 8742 28 318 GL 8 = 2068 21 98 3284 10 318 34172 56054 GLA = 15504 47 327 24703 23 1066 GL B = 17125 48 354 28502 77 370 GL C = 1621 37 44 N/A N/A GL D = N/A N/A N/A 3243 20 162 34250 56448 SEISMIC DESIGN FORCE, Section 13.3: Elements of Structures, Nonstructural Components, and Equipment Supported by Structures Site Class: D ASCE 7-10, Sec. 20.3, Table 20.3-1, pg. 152 Seismic Design Category: D ASCE 7-10, Sec. 11.6, pg 56 Risk Category: 11 IBC 2012 Sec 1604.5, pg 336 SS = 61.90% ASCE 7-10, Figure 22-1 page 158 Fa= 1.30 ASCE 7-10 Table 11.4-1 pg 55 (Linear interpolation is used) SMS = 0.81 ASCE 7-10 eqn. 11.4-1 pg 55 SoS = 0.54 ASCE 7-10 eqn. 11.4-3 pg 55 IE= 1.00 ASCE 7-10 Sec 13.1.3, pg 87 aP= 1.0 ASCE 7-10 Table 13.6-1, pg 93 RP= 2.50 ASCE 7-10 Table 13.6-1, pg 93 z (ft)= 26.75 Component attachment elevation w/ respect to grade h (ft)= 26.75 Structure roof elevation with respect to grade FP= 0.258 *WP ASCE 7-10 Eq. 13.3-1, pg 88 OR 0.862 ' Wp ASCE 7-10 Eq. 13.3-2, pg 89 Not less than 0.162 ' WP ASCE 7-10 Eq. 13.3-3, pg 89 F = 0.181 " W x 0.7 (Allowable Loading) 0.2SDsWp = 0.108 * WP (ASCE7-10 Sec. 13.3, pg 88) C ~ ~ r y R Project: tom. Pn L t? t l 4 f r P By: Date: Checked: 4TDate: Page: Reactions - kips, kip ft ~ T shear - kips 56000 -0.072500 Moment - kip ft n nnnnnn j e ~6 6)) ---0.116000 67 Rotation - radians - n nnn327, c7nz-64 97- Deflection - inches k .n nnna6a _ 0 . 013 0 2' NinBeam 3.30 - Registered to Miller Consulting Engrs. i Project: 8y: Date: Checked: Date: Page: Analysis Data: Beam Length = 6. feet Number of Nodes = 201 Number of Elements = 200 Number of Degrees of Freedom 402 Reactions: X Vert Rot feet kips kip ft 0 -0.043500 2.000 0.130500 Equilibrium: Force Reaction Diff Vert -0.087000 0.087000 -0.000000 kips Rot 0.261000 -0.261000 0.000000 kip ft Min & Max values: Min Shear = -0.072500 kips at 2.000 feet Max Shear = 0.058000 kips at 2.000 feet Min Moment = -0.116000 kip ft at 2.000 feet Max Moment = 1.42le-014 kip ft at 6.000 feet Min Rotation =-4.672e-005 radians at 0 feet Max Rotation = 0.0003271 radians at 6.000 feet Mir. Deflection = -0.013029 in at 6.000 feet Max Deflection = 0.0004638 in at 1.164 feet WinBeam 3.30 - Registered to Miller Consulting Er.grs. SEISMIC DESIGN FORCE, Section 13.3; A':~ Upr ~\Jkl S' Elements of Structures, Nonstructural Components, and Equipment Supported by Structures Site Class: D ASCE 7-10, Sec. 20.3, Table 20.3-1, pg. 152 Seismic Design Category: D ASCE 7-10, Sec. 11.6, pg 56 Risk Category: li IBC 2012 Sec 1604.5, pg 336 SS = 61.90% ASCE 7-10, Figure 22-1 page 158 Fa= 1.30 ASCE 7-10 Table 11.4-1 pg 55 (Linear interpolation is used) SMS = 0.81 ASCE 7-10 eqn. 11.4-1 pg 55 SoS = 0.54 ASCE 7-10 eqn. 11.4-3 pg 55 IE= 1.00 ASCE 7-10 Sec 13.1.3, pg 87 aP= 1.0 ASCE 7-10 Table 13.6-1, pg 93 RP= 2.50 ASCE 7-10 Table 13.6-1, pg 93 z (ft)= 18.75 Component attachment elevation w/ respect to grade h (ft)= 26.75 Structure roof elevation with respect to grade FP= 0.207 ' Wp ASCE 7-10 Eq. 13.3-1, pg 88 OR 0.862 ' Wp ASCE 7-10 Eq. 13.3-2, pg 89 Not less than 0.162 ' Wp ASCE 7-10 Eq. 13.3-3, pg 89 F= 0,145 * W x 0.7 (Allowable Loading) 0.2SoSWp = 0.108 * Wp I(ASCE7-10 Sec. 13.3, pg 88) V SEISMIC DESIGN FORCE Section 13.3: ( 00( " f 11--J v\kpA-k-. Elements of Structures, Nonstructural Components, and Equipment Supported by Structures Site Class: D ASCE 7-10, Sec. 20.3, Table 20.3-1, pg. 152 Seismic Design Category: D ASCE 7-10, Sec. 11.6, pg 56 Risk Category: II IBC 2012 Sec 1604.5, pg 336 SS = 61.90% ASCE 7-10, Figure 22-1 page 158 Fa= 1.30 ASCE 7-10 Table 11.4-1 pg 55 (Linear interpolation is used) SMS = 0.81 ASCE 7-10 eqn. 11.4-1 pg 55 SoS = 0.54 ASCE 7-10 eqn. 11.4-3 pg 55 IE= 1.00 ASCE 7-10 Sec 13.1.3, pg 67 aP= 1.0 ASCE 7-10 Table 13.6-1, pg 93 RP= 2.50 ASCE 7-10 Table 13.6-1, pg 93 z (ft)= 6.375 Component attachment elevation w/ respect to grade h (ft)= 26.75 Structure roof elevation with respect to grade FP= 0.127 *WP ASCE 7-10 Eq. 13.3-1, pg 88 OR 0,862 * WP ASCE 7-10 Eq. 13.3-2, pg 89 Not less than 0.162 • Wp ASCE 7-10 Eq. 13.3-3, pg 69 F j)= 0.113 * W x 0.7 (Allowable Loading) 0.2SoSWp = 0.108 * WP I(ASCE7-10 Sec. 13.3, pg 88) 1, ~ . f 1 ~ , • ~....I ~ ~ ' t C',~`~ ~ , mot.. t ~ , 0.(' coo) I) tj t-4 e-3 T ► w, L,f:°,z .a!.:- wsm i ~ , Project: ir" By: Date: Checked: Date: Page: Reactions - kips, kip ft 1 66-- T T Shear - kips 6H0000 -1.68000 Moment - kip ft -_35_27999.9.. Rotation - radians -0. Deflection - inches ,a nnnnnn - -~'~5B'% 18 9 HinBeam 3.30 - Registered to Miller Consulting engrs. r Project: By: Date: Checked: Date: Page: -f i tj 6,L, wt Analysis Data: C(o Beam Length = 84. feet Number of Nodes = 201 Number of Elements = 200 Number of Degrees of Freedom = 402 Reactions: f3" r- • X Vert Rot feet kips kip ft 0 1.680 84.000 1.680 Equilibrium: Force Reaction Diff Vert -3.360 3.360 -0.000 kips Rot 141.120 -141.120 0.000 kip ft Min & Max values: Min Shear = -1.680 kips at 84.000 feet Max Shear = 1.680 kips at 0 feet Min Moment 1.828e-013 kip ft at 0 feet Max Moment = 35.280 kip ft at 42.000 feet Min Rotation = -0.024086 radians at 84.000 feet Max Rotation 0.024086 radians at 0 feet Min Deflection = -7.587 in at 42.000 feet Max Deflection = 0 in at 0 feet Win9eam 3.30 - Registered to Miller consulting Engrs. Project: ~F't ~',0....P t p. C=` ~`°.1 By: Date: Checked: Date: Page: Reactions - kips, kip ft T T T T T Shear - kips .539573 ~ ~✓"l/~ -7.235427 Moment - kip ft ./3.5_,.262407 52.698676 Rotation - radians - 1121006844 --,-6-006182 Deflection - inches _...-0._.0.9-25 71 tea. - - =6. 953457 WinBeam 3.30 - Registered to Miller Consulting Engrs. Project: By: Date: Checked: Date: Page: Analysis Data: J \ Beam Length = 84. feet Number of Nodes = 203 - r. 117 -7 Number of Elements = 202` Number of Degrees of Freedom = 406 ! Reactions: ~i X Vert Rot feet kips kip ft 0 3.938 l Ii 26.500 1.307 32.500 15.896 67.500 12.487 84.000 0.638818 Equilibrium: Force Reaction Diff Vert -34.268 34.268 0.000 kips Rot 1447.816 -1447.616 -0.000 kip ft Min & Max values: Min Shear = -7.235 kips at 67.500 feet Max Shear = 9.540 kips at 32.500 feet Min Moment = -52.699 kip ft at 32.500 feet Max Moment = 35.262 kip ft at 47.357 feet Min Rotation = -0.006162 radians at 61.205 feet Max Rotation = 0.006844 radians at 38.661 feet Min Deflection = -0.953457 in at 49.455 feet Max Deflection = 0.099571 in at 73.275 feet HinBeam 3.30 - Registered to Miller consulting Engrs. Project: By; Date: Checked: Date: Page: Reactions - kips, kip ft Shear - kips 7351 -4 . 032 Moment - kip ft 105.792119 Rotation - radians 0 M-5-6= Deflection - inches nnnnnn T5776- 1642 wineeam 3.30 - Registered to Miller Consulting Engrg. WS AV ~ r Project: By: Date: Checked: Date: Page: Analysis Data: q /Let Beam Length 75.5 feet Number of Nodes 201 1 ~°7 7 C~ Number of Elements = 200 _ Number of Degrees of Freedom = 402 Reactions: P a X Vert Rot feet kips kip ft 0 3.267 75.500 4.033 Equilibrium: Force Reaction Diff Vert -7.300 7.300 0.000 kips Rot 304.465 -304.465 -o.o00 kip ft Min & Max values: Min Shear = -4.033 kips at 75.500 feet Max Shear = 3.267 kips at 0 feet Min moment =-8.577e-013 kip ft at 75.500 feet Max Moment = 105.792 kip ft at 44.500 feet Min Rotation = -0.055625 radians at 75.500 feet Max Rotation = 0.051335 radians at 0 feet Min Deflection = -15.702 in at 39.220 feet Max Deflection = 0 in at 0 feet WinRedm 3.30 - Registered to Miller Consulting Engrg. WS i Project: rk-~r By: Date: Checked: Date: Page: Reactions - kips, kip ft r, T T r r r r Shear - kips .521601 -3.568644 Moment - kip ft 12,03982 /-20.116026 Rotation - radians :.0_002363 \ \ \`002134 Deflection - inches T -n.Q18268 ----':-6.312252 winHeam 3.30 - Registered to Willer consulting Engrs. ~ I Project: By: Date: Checked: Date: Page: Analysis Data: ~J07 Beam Length 96- feet__ Number of Nodes = 202 _ Number of Elements = 201, Number of Degrees of Freedom = 404 Reactions: X Vert Rot feet kips kip ft 0 2.140 26.500 3.089 32.500 4.568 67.500 8.090 84.000 4.523 96.000 0.628220 Equilibrium: Force Reaction Diff Vert -23.038 23.038 0.000 kips Rot 1216.649 -1216.649 -0.000 kip ft Min & Max values: Min Shear = -3.569 kips at 67.500 feet Max Shear = 4.522 kips at 67.500 feet Min Moment = -20.116 kip ft at 67.500 feet Max moment = 12.040 kip ft at 49.281 feet Min Rotation = -0.002134 radians at 60.308 feet Max Rotation = 0.002363 radians at 0 feet Min Deflection = -0.312252 in at 49.760 feet Max Deflection 0.018268 in at 29.731 feet winHeam 3.30 - Registered to miller consulting Engrs. Shearwall Design # of Shearwall Levels: 2 Sheathing Thickness: 15/32 in Typical Sheathing Nailing: 8d Nails (uno) Wall (IBC 2306.3) Shearwalls In Use Capacity (pll) Load Combination: Wail Type A: 15132' APA Rated Sheathing vi/8d At 6" o.c. edges, 12" c.c, field 260 Basic Load Combination: 0.6D+0.7E; 0.6D+W Wall Type B: 15132" APA Rated Sheathing w18d At 4" o.c. edges, 12" o.c, field 380 Wall Type C: 15132" APA Rated Sheathing w/8d At 3" ox, edges, 12' o.c. field 490 Structure Information: Wall Type D: 15132" APA Rated Sheathing Wild At 2" o.c. edges, 12' o.c. Field 840 Wall Wt. (W,„) = 120.00 psf Roof Wt. (Rv,) = 18.00 psf Roof Wall Height = 12.00 It Upper 'loor Depth= 1.00 ft Upper Floor Wt. A,) = 15.00 psf Upper Floor Wall Height = 11.75 ft 'loor Depth = NIA ft Wt. (Mw) = N/A psf Wall Height = N/A it Wind Uplift (U) = 10.00 psf 0.2Sds = 0.11 (uttimate) Roof Wall Line Marks Wind (ib) Min. Wind (Ib Seismic (ib) Stacks on: R1 6433 St Seismic Wind R2 (N) 5151 S2 (N) Simpson Hoidowns and Anchors in Use; (Verify Fdn. Config, w/ Loads Listed in Catalog for Anchor Bolt Types) Capacity Qb) Capacity 0b) R2 (S) 6599 S2 (S) #0 (No Holdown Required) 0 0 R4 8535 84 #1 Holdown Type MSTC28 w/ (6) 16d sinkers at each end 1155 1155 R5 0 #2 Holdovm Type MSTC40 w/ (14) 16d sinkers at each end 2695 2695 R7 5385 S7 R8 2068 S8 #4 Holdown Type MSTC66/78 w/ (38) 16d sinkers at each end 5860 5860 RA 15504 SA RB 17125 SB #6 Holdown Type HDU2-SDS2.5 w/ (6) 1/4' dia. x 2 1/2' SOS Screws and SST816 Anchor Bolt 2550 3075 RC 1621 Upper Floor Wall Line Marks Wind (lb) in. Wind pb Seismic (lb) 99 Holdown Type HOU3-SDS2.5 wl (20) 1/4" dia. x 2 1/2" SOS Screws and SSTB28 Anchor Bolt 5980 5980 S1 4254 S2 (N) 3297 S2 (S) 5935 #12 Holdovm Type HDU14-SDS2.5 wl (36) 1/4' die. x 21/2" SDS Screws and PAB8x30 Anchor Bolt 14375 14375 S4 0 85 12359 Sill Plate to Concrete Anchorage: 2x plate 3x min. plate S7 3357 5/8 - dia. anchor capacity 0b) = 860 1070 S8 1216 Wall Type A: 0.625' dia. anchors spaced at 48' o.c. 48" o.c. SA 9199 Wall Type B: 0.625" dia. anchors spaced at 43' o.c. 48' o.c. SB 11377 Wall Type C: 0.625' dia. anchors spaced at 34" o.c. 42" o.c. SD 3243 Wall Type D: 0.625' dia. anchors spaced at 3x req. 32" o.c. (anchor spacing based from values from NOS using hemfir and a 1.8 duration Increase) Roof Level Holdown to: floor below (PL 1/4x3x0'-3" required) pper Floor Level Hcldown to: concrete Roof Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb R1 0 0 6433 Wind Uplift (U) = i0 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L, it: Overall Seg. (Lo), ft: 3.50 4.00 5.33 7.50 20.33 R1 Wall Height (1-11), ft: 12.00 12.00 12.00 12.00 Trib. 1, ft: 2.00 2.00 2.00 Rtn. Load (RL), lb: 200 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 18.00 Wall Weight (Ww), psC 120.00 120.00 120.00 120.00 Seismic, pif: 316 316 316 316 = 64331b / 20.33' w/ HAN, pif: 542 474 356 (includes h/w ratio increases) MOT (Seismic), ft-lb: 13290 15189 20239 28479 = (6433 lb / 20.33" Lo'Hl) Mr (Seismic), ft-lb: 9741 12608 22032 42000 = (Trib. 1'Rw+HI'Ww)'(Lo)^212+RL'Lo HD (Seismic), lb: 2336 2142 1627 857 = (Mot - (0. 6-0.075) *Mr) /Lo Holdown Capacity, lb: 2695 2695 2695 1155 HD Type: 2 2 2 1 15/32" APA Rated Sheathing Shear critical, plf: 542 474 366 316 Seg. 1: 'D'= 8d At 2" o.c. edges, 12" o.c. field HD critical, lb: 2336 2142 1627 867 Seg. 2: V= Bd At 3" o.c, edges, 12" o,c, field 40% increase for wind?: No No No No Seg. 3: 'B' = 8d At 4" o.c, edges, 12" o.c. field Sheathing Layers: Single Single Single Single Seg. 4: 'B'= 8d At 4" o.c. edges, 12" o.c, field Concrete Anch.? No No No No Wall Type: D C B B Holdown Types: Wall Capacity, plf: 640 490 380 380 Seg. 1: '2' = MSTC40 with (14) 16d sinkers at each and Controlling HD Type: 2 2 2 1 Seg. 2: '2'= MSTC40 with (14) 16d sinkers at each end Holdown Capacity, lb: 2695 2695 2695 1155 Seg. 3: '2' = MSTC40 with (14) 16d sinkers at each and 3x Members req.: Yes No No No Seg. 4: 'V = MSTC28 with (6) 16d sinkers at each end Roof Level 0.2Sds = 0.075 Wail Line Wind (W), lb Min. Wind, lb Seismic (E), lb R2 (N) 0 0 5151 Wind Uplift (U) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 19.00 19.00 (N) Wall Height (H1), ft: 12.00 Trib. 1, ft: 2.00 Rtn. Load (RL), lb: 200 Trib. 1 Weight (Rw), psf: 18.00 Wall Weight (Ww), psf: 8.00 Seismic, plf: 271 = 5151 /b / 19' MOT (Seismic), ft-lb: 61812 = (5151 Ib / 19' ' Lo Hl) Mr (Seismic), ft-lb: 27626 = (Trib. 1 Hw +HI *Ww)'(Lo)^Z2+RL'Lo HD (Seismic), lb: 2490 = (Mot - (0. 6-0.075) *Mr) /Lo Holdown Capacity, lb: 2695 HD Type: 2 15132" APA Rated Sheathing Shear critical, plf: 271 Seg. 1: 'B'= 8d At 4" o.c. edges, 12" o.c. field HD critical, lb: 2490 40% increase for wind?: No Sheathing Layers: Single Concrete Anch.? No Wall Type: B Holdown Types: Wall Capacity, pif: 380 Seg. 1: *2'= MSTC40 with (14) 16d sinkers at each and Controlling HD Type: 2 Holdown Capacity, lb: 2695 3x Members req.: No Roof Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb R2 (S) 0 0 6599 Wind Uplift (U) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 23.25 23.25 (S) Wall Height (H1), ft: 12.00 Trib. 1, ft: 2.00 Rtn. Load (RL), lb: 200 Trib. 1 Weight (Rw), psf: 18.00 Wall Weight (Ww), psf: 8.00 Seismic, pif: 284 = 65991b / 23.25' MOT (Seismic), ft-lb: 79188 = (6599 /b / 23.25' ' Lo'Hi) Mr (Seismic), ft-lb: 40327 = (Trib. 1 Rw +HI Ww)'(Lo)^2/2+RL'Lo HD (Seismic), lb: 2495 = (Mot - (0. 6-0.075) *Mr) /Lo Holdown Capacity, lb: 2695 HD Type: 2 15/32" APA Rated Sheathing Shear critical, pif: 284 Seg. 1: 'B' = 8d At 4" o.c. edges, 12" o.c. field HD critical, lb: 2495 40% increase for wind?: No Sheathing Layers: Single Concrete Anch.? No Wail Type: B Holdown Types: Wall Capacity, pit: 380 Seg. 1: 7= MSTC40 with (14) 16d sinkers at each end Controlling HD Type: 2 Holdown Capacity, lb: 2695 3x Members req.: No Roof Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb R4 0 0 8535 Wind Uplift (U) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 6.25 14.00 20.25 R4 Wall Height (1-11), ft: 12.00 12.00 Trib. 1, ft: 4.00 4.00 Rtn. Load (RL), lb: 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 Wall Weight (VVw), psf: 8.00 8.00 Seismic,plf: 421 421 =85351b /20.25' MOT (Seismic), ft-lb: 31611 70809 = (8535 lb 120.25"Lo Hl) Mr (Seismic), ft-lb: 4531 19264 - (Trib. f'Rw+HI'WW)'(Lo)^2/2+RLIo HD (Seismic), lb: 4677 4335 = (Mot - (0.6-0.075)'Mr) /Lo Holdown Capacity, lb: 5860 5860 HD Type: 4 4 15/32" APA Rated Sheathing Shear critical, plf: 421 421 Seg. 1: 'C'= 8d At 3" ox. edges, 12" o.c. field HD critical, lb: 4677 4335 Seg. 2: 'C'= 8d At 3" o.c. edges, 12" ox, field 40% increase for wind?: No No Sheathing Layers: Single Single Concrete Anch.? No No Wall Type: C C Holdown Types: Wall Capacity, pit: 490 490 Seg. 1: '4'= MSTC66/78 with (38) 16d sinkers at each end Controlling HD Type: 4 4 Seg. 2: '4'= MSTC66178 with (38) 16d sinkers at each end Holdown Capacity, lb: 5860 5860 3x Members req.: Yes Yes Roof Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb R7 0 0 5385 Wind Uplift (U) = i0 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 12.83 12.83 R7 Wall Height (1-11), ft: 12.00 Trib. 1, ft: 4.00 Rtn. Load (RL), lb: 200 Trib. 1 Weight (Rw), psf: 18.00 Wall Weight (Ww), psf: 120.00 Seismic, plf: 420 = 5385/b / 12.83' MOT (Seismic), ft-lb: 64635 = (5385 lb / 12.83' Lo*H1) Mr (Seismic), ft-lb: 127069 = (Trib. 1'Rw +N1'WW)'(Lo)1212+RL'Lo HD (Seismic), lb: -162 = (Mot - (0. 6-0.075) *Mr) / Lo Holdown Capacity, lb: 0 HD Type: 0 15132" APA Rated Sheathing Shear critical, pif: 420 Seg. 1: 'C'= 8d At 3" o.c. edges, 12" o.c. field HD critical, lb- 0 40% increase for wind?: No Sheathing Layers: Single Concrete Anch.? No Walt Type: C Holdown Types: Wall Capacity, pit: 490 Seg. 1: '0' no hoidown required Controlling HD Type: 0 Holdown Capacity, lb: 0 3x Members req.: Yes Roof Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb R8 0 0 2068 Wind Uplift (U) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 4.50 6.00 10.50 21.00 R8 Wall Height (H1), ft: 12.00 12.00 12.00 Trib. 1, ft: 4.00 4.00 4.00 Rtn. Load (RL), lb: 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 Wall Weight (Ww), psf: 8.00 8.00 6.00 Seismic, plf: 98 98 98 = 20681b / 21' wl H/W, pit: 131 (includes h/w ratio increases) MOT (Seismic), ft-lb: 5318 7090 12408 = (2068 lb 121- Lo*Hl) Mr (Seismic), ft-lb: 2601 4224 11361 = (Trib. 1'Rw +HI *K4)'(Lo)^2/2+RL'Lo HD (Seismic), lb: 878 812 614 = (Mot - (0. 6-0.075) *Mr) / Lo Holdown Capacity, lb: 1155 1155 1155 HD Type: 1 1 1 15132" APA Rated Sheathing Shear critical, plf: 131 98 98 Seg. 1: 'A'= 8d At 6" o.c. edges, 12" o.c. field HD critical, lb., 878 812 614 Seg. 2: 'A'= 8d At 6" ox. edges, 12" o.c. field 40% increase for wind?: No No No Seg. 3: 'A'= 8d At 6" o.c. edges, 12" o.c. field Sheathing Layers: Single Single Single Concrete Anch.? No No No Wall Type: A A A Holdown Types: Wall Capacity, pit: 260 260 260 Seg. 1: '1'= MSTC28 with (6) 16d sinkers at each end Controlling HD Type: 1 1 1 Seg. 2: '1'= MSTC28 with (6) 16d sinkers at each end Holdown Capacity, lb: 1155 1155 1155 Seg. 3: '1'= MSTC28 with (6) 16d sinkers at each end 3x Members req.: No No No Roof Level 0.2Sds = 0.075 Wail Line Wind (W), lb Min. Wind, lb Seismic (E), lb RA 0 0 15504 Wind Uplift (U) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 13.25 15.83 18.33 47.41 RA Wall Height (1-11), ft: 12.00 12.00 12.00 Trib. 1, ft: 4.00 4.00 4.00 Rtn. Load (RL), lb: 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 Wail Weight (Ww), psf: 120.00 120.00 120.00 Seismic, pif: 327 327 327 = 15504Ib /47.4 J' MOT (Seismic), ft-lb: 51996 62132 71931 = (155041b 147.41"LoHI) Mr (Seismic), ft-lb: 135375 192684 257674 = (Trib. J Rw +HI Ww)'(Lo)A2/2+RL'Lo HD (Seismic), lb: -1440 -2465 -3456 = (Mot - (0.6-0.075)'Mr) I Lo Holdown Capacity, lb: 0 0 0 HD Type: 0 0 0 15/32" APA Rated Sheathing Shear critical, plf: 327 327 327 Seg. 1: 'B' = 8d At 4" o.c. edges, 12" o.c. field HD critical, lb: 0 0 0 Seg. 2: 'B' = 8d At 4" o.c. edges, 12" o.c. field 40% increase for wind?: No No No Seg. 3: '5'= 8d At 4" o.c. edges, 12" o.c. field Sheathing Layers: Single Single Single Concrete Anch.? No No No Wall Type: B B B Holdown Types: Wall Capacity, pit. 380 380 380 Seg. 1: '0' no hoidown required Controlling HD Type: 0 0 0 Seg. 2: '0' no hoidown required Holdown Capacity, lb: 0 0 0 Seg. 3: '0' no holdown required 3x Members req.: No No No Roof Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb RB 0 0 17125 Wind Uplift(U) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), it: 13.33 14.83 20.25 48.41 RB Wall Height (1-11), ft: 12.00 12.00 12.00 Trib. 1, ft: 4.00 4.00 4.00 Rtn. Load (RL), lb: 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 Wall Weight (Ww), psf: 120.00 120.00 120.00 Seismic, plf. 354 354 354 = 17125 /b 148.41' MOT (Seismic), ft-lb: 56586 62966 85961 = (17125Ib148.41"Lo H1) Mr (Seismic), ft-lb: 136999 169300 314057 = (Trib. f'Rw +H1'Ww)'(L0)A2/2+RL'Lo HD (Seismic), lb: -1151 -1747 -3897 = (Mot - (0. 6-0.075) *Mr) / Lo Holdown Capacity, lb: 0 0 0 HD Type: 0 0 0 15/32" APA Rated Sheathing Shear critical, pif: 354 354 354 Seg. 1: V= 8d At 4" o.c. edges, 12" o.c. field HD critical, lb: 0 0 0 Seg. 2: 'B' = 8d At 4" o.c. edges, 12" o.c. field 40% increase for wind?: No No No Seg. 3: 'B'= 8d At 4" o.c. edges, 12" o.c. field Sheathing Layers: Single Single Single Concrete Anch.? No No No Wall Type: B B B Holdown Types: Wall Capacity, pit. 380 380 380 Seg. 1: '0' no hoidown required Controlling HD Type: 0 0 0 Seg. 2: '0' no hoidown required Holdown Capacity, lb: 0 0 0 Seg. 3: '0' no hoidown required 3x Members req.: Yes Yes Yes Roof Level US& = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb RC 0 0 1621 Wind uptift (u) = 10 psf Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total L: Overall Seg. (Lo), ft: 6.00 7.00 21.00 34.00 RC Wall Height (1-11), ft: 12.00 12.00 12.00 Trib. 1, ft: 4.00 4.00 4.00 Rtn. Load (RL), lb: 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 Wall Weight (Ww), psf: 80.00 80.00 80.00 Seismic, pit: 48 48 48 = 1621 /b / 34' MOT (Seismic), ft-lb: 3433 4005 12014 = (1621 lb / 34' ' Lo'Hf) Mr (Seismic), ft-lb: 19776 26684 231756 = (Trib. I *RN +HI Ww)'(Lo)A2/2+RL'Lo HD (Seismic), lb: -1158 -1429 -5222 = (Mot - (0.6-0.075) *Mr) / Lo Holdown Capacity, lb: 0 0 0 HD Type: 0 0 0 15132" APA Rated Sheathing Shear critical, pif: 48 48 48 Seg. 1: 'A' = 8d At 6" ox. edges, 12" ox, field HD critical, lb: 0 0 0 Seg. 2: 'A'= 8d At 6" o.c. edges, 12" o.c. field 40% increase for wind?: No No No Seg. 3: 'A'= 8d At 6" o.c. edges, 12" o.c. field Sheathing Layers: Single Single Single Concrete Anch.? No No No Wall Type: A A A Holdown Types: Wall Capacity, pif: 260 260 260 Seg. 1: '0' no holdown required Controlling HD Type: 0 0 0 Seg. 2: '0' no holdown required Holdown Capacity, lb: 0 0 0 Seg. 3: '0' no holdown required 3x Members req.: No No No Upper Floor Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), Ib S1 0 0 4254 Wind Uplift (U) = 10.00 psf Load from R1, lb: 0 0 6433 Upper Fir Depth (Fd) = 1.W it Total, lb: 0 0 10687 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 3.50 3.50 R1 Watl Height (1-11), ft: 12.00 S1 Wall Height (H2), it: 11.75 Trib. 1, it: 2.00 Trib. 2, ft: 4.00 Rtn. Load (RL), lb: 200 Tnb. 1 Weight (Rw), psf: 18.00 Trib. 2 Weight (Uw), psf: 15.00 Wall Weight (Ww), psf: 120.00 Seismic, pit.. 3053 = (4254 Ib + 64331b) / 3.5' w/ H/W, pit: 5125 (includes W ratio increases) MOT (Seismic), ft-lb: 209201 = (4254 Ib 13.5 'Lo'H2)+(64331b / 3.5' 'LO'(Hl +H2+Fd)) Mr (Seismic), ft-lb: 18744 = (Rw'Trib. 1+ Uw 'Trib. 2+ 14/w '(H1+H2))'(Lo)^212+RL'Lo HD (Seismic), lb: 56960 = (Mot - (0.6-0.075)'Mr) 11-o Holdown Capacity, lb: HD Type: NG 15/32" APA Rated Sheathing Shear critical, plf: 5126 HD critical, lb: 66960 40% increase for wind?: No Sheathing Layers: Single Concrete Anch.? Yes Wall Type: Dbl. Req. Holdown Types: Wall Capacity, pit: Seg. 1: 'NG' larger holdown required Controlling HD Type: NG Holdown Capacity, lb: 3x Members req.: Yes Upper Floor Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb S2 (N) 0 0 3297 Wind Uplift (U) = 10 psf Load from R2 (N), lb: 0 0 5151 Upper Flr Depth (Fd) = 1.00 ft Total, lb: 0 0 8448 Segment t Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 14.33 14.33 (N) Wall Height (H1), ft: 12.00 (N) Wall Height (1-12), ft: 11.75 Trib. 1, ft: 2.00 Tnb. 2, ft: 4 Rin. Load (RL), lb: 200 Trib. 1 Weight (Rw), psf: 18.00 Trib. 2 Weight (Uw), psf: 15.00 Wall Weight (Ww), psf: 8.00 Seismic, pit.. 590 = (3297 ib + 5151 Ib) / 14.33' MOT (Seismic), ft-lb: 166227 = (3297 Ib / 14.33 'Lo'H2)+(5151 Ib / 14.33' 'Lo'(Hi+H2+Fd)) Mr (Seismic), ft-lb: 32231 = (Rw'Trib. 1 + Uw 'Tdb. 2+ Ww'(H1 +H2))'(Lo)"212+RL'Lo HD (Seismic), lb: 10419 = (Mot - (0.6-0.075)'Mr) /Lo Holdown Capacity, lb: 14375 HD Type: 12 15/32" APA Rated Sheathing Shear critical, plf: 690 Seg. 1: 'D'= 8d At 2" o.c. edges, 12" o.c. field HD critical, lb: 10419 40% increase for wind?: No Sheathing Layers: Single Concrete Anch.? Yes Wall Type: D Holdown Types: Wail Capacity, plf: 640 Seg. 1: '12' = HDU14-SDS2.5 and PAB8x30 Anchor Bolt Controlling HD Type: 12 Holdown Capacity, lb: 14375 3x Members req.: Yes Upper Floor Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb S2 (S) 0 0 5935 Wind Uplift (U) = 10 psf Load from R2 (S), lb: 0 0 6599 Upper Fir Depth (Fd) = 1.00 ft Total, Ib: 0 0 12534 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 10.33 14.33 24.66 (S) Wail Height (H1), ft: 12.00 12.00 (S) Wall Height (1-12), it: 11.75 11.75 Trib. 1, ft: 2.00 2.00 Trib. 2, ft: 4 4 Rtn. Load (RL), lb: 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 Trib. 2 Weight (Uw), psf: 15.00 15.00 Wall Weight (Ww), psf: 8.00 8.00 Seismic, pif: 508 508 = (59351b + 65991b) / 24.66' MOT (Seismic), ft-tb: 97629 135433 = (59351b/24.66 'Lc•H2)+(65991b/24.66' •Lo•(H1+H2+Fd)) Mr (Seismic), ft-lb: 17325 32231 = (Rw'Trib. 1+Uw •Trib. 2+Ww'(H1+H2))'(Lo)^2/2+RL'Lo HD (Seismic), lb: 8571 8270 = (Mot - (0. 6-0.075) *Mr) / Lo Holdown Capacity, lb: 14375 8315 HD Type: 12 11 15/32" APA Rated Sheathing Shear critical, pif: 508 608 Seg. 1: V- 8d At 2" o.c. edges, 12" o.c. field HD critical, lb: 8571 8270 Seg. 2: V= 6d At 2" o.c. edges, 12" o.c. field 40% increase for wind?: No No Sheathing Layers: Single Single Concrete Anch.? Yes Yes Wail Type: D D Holdown Types: Wall Capacity, plf: 640 640 Seg. 1: '12'= HDU14-SDS2.5 and PAB8x30 Anchor Bolt Controlling HD Type: 12 11 Seg. 2: '11' = HH0011-SDS2.5 and SB1x30 Anchor Bolt Holdown Capacity, lb: 14375 8315 3x Members req.: Yes Yes Upper Floor Level 0.2Sds = 0.075 Wail Line Wind (W), lb Min. Wind, lb Seismic (E), lb S5 0 0 12359 Wind Uplift (U) =F - 10 psf Load from R5, lb: 0 0 0 Upper Fir Depth (Fd) = 1.00 ft Total, lb: 0 0 12359 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 10.33 14.33 24.66 R5 Wall Height (1-11), ft: 12.00 12.00 S5 Wall Height (1-12), ft: 11.75 11;75 Trib. 1, ft: 0.00 0.00 Trib. 2, ft: 4.00 4.00 Rtn. Load (RL), lb: 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 Trib. 2 Weight (Uw), psf: 15.00 15.00 Wall Weight (Ww), psf: 8.00 8.00 Seismic, pif: 501 501 = (123591b +01b) /24.66' MOT (Seismic), ft-lb: 60831 84387 = (123591b / 24.66 'Lo•H2)+(0 /b / 24.66"Lo•(H1+H2+Fd)) Mr (Seismic), ft-lb: 15405 28535 = (Rw'Trib. 1+ Uw •Trib. 2+ ww'(H1+H2))•(L0)A212+RL•Lo HO (Seismic), lb: 5106 4843 = (Mot - (0.6-0.075)•Mr)/Lo Holdown Capacity, lb: 5980 5980 HD Type: 9 9 15132" APA Rated Sheathing Shear critical, plr: 501 501 Seg. 1: V= 8d At 2" o.c. edges, 12" o.c. field HD critical, lb: 5106 4843 Seg. 2: V- 8d At 2" o.c. edges, 12" o.c. field 40% increase for wind?: No No Sheathing Layers: Single Single Concrete Anch.? Yes Yes Wall Type: D D Holdown Types: Wall Capacity, pit: 640 640 Seg. 1: '9'= HDU8-SDS2.5 and SSTB28 Anchor Bolt Controlling HD Type: 9 9 Seg. 2: '9'- HDUS-SDS2.5 and SSTB28 Anchor Bolt Holdown Capacity, Ib: 5980 5980 3x Members req.: Yes Yes Upper Floor Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb S7 0 0 3357 Wind Uplift (U) = 10 psf Load from R7, lb: 0 0 5385 Upper Fir Depth (Fd) = 1.00 ft Total, lb: 0 0 8742 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 13.00 14.50 27.50 R7 Wall Height (Hi), ft: 12.00 10.33 S7 Wall Height (1-12), ft: 11.75 11.75 Trib. 1, ft: 4.00 4.00 Trib. 2, ft 4.00 4.00 Rtn. Load (RL), lb: 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 Trib. 2 Weight (Uw), psf: 15.00 15.00 Wall Weight (Ww), psf: 120.00 120.00 Seismic, plf: 318 318 = (33571b + 5385 Ib) / 27.5' MOT (Seismic), ft-lb: 81651 86331 = (3357 0127.5 •Lo•142)+(53851b / 27.5"Lo'(HI +H2+Fd)) Mr(Seismic),ft-ib: 254579 295316 =(Rtiv'Trfb.I+Uw'Trib.2+Ww•(N1+H2))•(Lo)"2/2+RL'Lo HD (Seismic), lb: -4000 -4739 = (Mot - (0.6-0.075)'Mr) / Lo Holdown Capacity, lb: 0 0 HD Type: 0 0 15/32" APA Rated Sheathing Shear critical, plf: 318 318 Seg. 1: 'B' = 8d At 4" o.c. edges, 12" o.c. field HD critical, lb: 0 0 Seg. 2: '8'= 8d At 4" o.c. edges, 12" o.c, field 40% increase for wind?: No No Sheathing Layers: Single Single Concrete Anch.? Yes Yes Wall Type: B B Holdown Types: Wall Capacity, pit: 380 380 Seg. 1: '0' no holdown required Controlling HD Type: 0 0 Seg. 2: '0' no holdown required Holdown Capacity, lb: 0 0 3x Members req.: No No Upper Floor Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb S8 0 0 1216 Wind Uplift (U) = 10 psf Load from R8, lb: 0 0 2068 Upper Fir Depth (Fd) = 1.00 ft Total, lb: 0 0 3284 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 10.33 10.33 R8 Wall Height (HI), ft: 12.00 S8 Wall Height (1-12), ft 11.75 Trib. 1, ft: 4.00 Trib. 2, ft: 4.00 Rtn. Load (RL), lb: 200 Trib. 1 Weight (Rw), psf: 18.00 Trib. 2 Weight (Uw), psf: 15.00 Wall Weight (Ww), psf: 80.00 Seismic, plf: 318 = (1216Ib + 2068 /b) / 10.33' MOT (Seismic), ft-lb: 65471 = (1216 Ib / 10.33 'Lo'H2)+(2068 Ib / 10.33"Lo'(Hi+H2+Fd)) Mr (Seismic), ft-lb: 110482 = (Rw'Trib. 1+ LAY'Trib. 2+ V& •(Hf+H2))•(Lo)A212+RL•Lo HD (Seismic), lb: 723 = (Mot - (0.6-0.075) *Mr) / Lo Holdown Capacity, lb: 2550 HD Type: 6 15/32" APA Rated Sheathing Shear critical, plf: 318 Seg. 1: 'B'= 8d At 4" o.c. edges, 12" o.c. field HD critical, lb: 723 40% increase for wind?: No Sheathing Layers: Single Concrete Anch.? Yes Wall Type: B Holdown Types: Wall Capacity, pff. 380 Seg. 1: V- HDU2•SDS2.5 and SSTS16 Anchor Bolt Controlling HD Type: 6 Holdown Capacity, lb: 2550 3x Members req.: No Upper Floor Level 0.2Sds =L_1.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb 5A 0 0 9199 Wind Uplift (U) = 16 psf Load from RA, lb: 0 0 15504 Upper Ar Depth (Fd) = 1.00 ft Total, lb: 0 0 24703 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 4.83 5.00 6,50 6.83 23.17 RA Wail Height (H1), ft: 12.00 12.00 12.00 12.00 SA Wail Height (1-12), ft: 11.75 11.75 11.75 11.75 Trib. 1, ft: 4.00 4.00 4.00 4.00 Trib. 2, ft: 4.00 4.00 4.00 4.00 Rtn. Load (RL), lb: 200 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 18.00 Trib. 2 Weight (Uw), psf: 15.00 15.00 15.00 15.00 Wall Weight (Ww), psf: 120.00 120.00 120.00 120.00 Seismic, pit: 1066 1066 1066 1066 = (9199 lb + 15504 /b) / 23.17' w/ H/W, pit: 1296 1253 (includes hhv ratio increases) MOT(Seismic).ft-ib: 102586 106131 137971 145039 =(9199lb /23.17'Lo'H2)+(15504lb /23.17"Lo'(H1+H2+Fd)) Mr (Seismic), ft-lb: 35793 38275 64295 70981 =(Rw'Trib, 1+Uw'Trib.2+1Mv'(H1+H2))'(Lo)A212+RL'Lo HD (Seismic), lb: 17338 17207 16033 15773 = (Mot - (0.6-0.075)'Mr) /Lo Holdown Capacity, lb: HD Type: NG NG NG NG 15132" APA Rated Sheathing Shear critical, pif: 1296 1253 1066 1066 HD critical, lb: 17338 117207 16033 15773 40%a increase for wind?: No No No No Sheathing Layers: Single Single Single Single Concrete Anch.? Yes Yes Yes Yes Wall Type: Dbl. Req. Dbl. Req. Dbl. Req. Dbl. Req. Holdown Types: Wall Capacity, pit: Seg. 1: 'NG' larger holdown required Controlling HD Type: NG NG NG NG Seg. 2: 'NG' larger holdown required Holdown Capacity, lb: Seg. 3: 'NG' larger holdown required 3x Members req.: Yes Yes Yes Yes Seg. 4: 'NG' larger holdown required Upper Floor Level 0.2Sds = 0.075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb SB 0 0 11377 Wind Uplift (U) = 10 psf Load from RB, lb: 0 0 17125 Upper Fir Depth (Fd) = 1.00 ft Total, lb: 0 0 28502 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 11.00 12.00 20.00 24.50 67.50 RB Wall Height (H1), ft: 12.00 12.00 12.00 12.00 SB Wall Height (1-12), ft: 11.75 11.75 11.75 11.75 Trib. 1, ft: 4.00 4.00 4.00 4.00 Trib. 2, ft: 4.00 4.00 4.00 4.00 Rtn. Load (RL), lb: 200 200 200 200 Trib. 1 Weight (Rw), psf: 18.00 18.00 18.00 18.00 Trib. 2 Weight (Uw), psf: 15.00 15,00 15.00 15.00 Wall Weight (Ww), psf: 120.00 120.00 120,00 120.00 Seismic, pit: 422 422 422 422 = (11377115 + 17125 lb) 167.5- MOT (Seismic), ft-lb: 90856 99115 165192 202360 = (113771b / 67.5 'Lo'H2)+(1 7125 16 / 6 7.5''Lo'(H1+H2+Fd)) Mr (Seismic), ft-lb: 182611 217104 600400 899873 = (Rw'Trib. 1+ (Av 'Trib. 2+ Mv'(H1+H2))'(Lo)A2/2+RL'Lo HD (Seismic), lb: -456 -1239 -7501 -11023 = (Mot - (0.6-0.075)'Mr) / Lo Holdown Capacity, lb: 0 0 0 0 HD Type: 0 0 0 0 15/32" APA Rated Sheathing Shear critical, pit: 422 422 422 422 Seg. 1: 'C'= 8d At 3" o.c. edges, 12" o.c. Held HD critical, lb: 0 0 0 0 Seg. 2: 'C'- 8d At 3" o.c, edges, 12" o.c. Held 40% Increase for wind?: No No No No Seg. 3: 'C'= 8d At 3" o.c. edges, 12" o.c. Held Sheathing Layers: Single Single Single Single Seg. 4: 'C'= 8d At 3" o.c. edges, 12" o.c. field Concrete Anch.? Yes Yes Yes Yes Wall Type: C C C C Holdown Types: Wall Capacity, plf: 490 490 490 490 Seg. 1: '0' no holdown required Controlling HD Type: 0 0 0 0 Seg. 2: '0' no holdown required Holdown Capacity, lb: 0 0 0 0 Seg. 3: '0' no holdown required 3x Members req.: Yes Yes Yes Yes Seg. 4: '0' no holdown required Upper Floor Level 0.2Sds = 1075 Wall Line Wind (W), lb Min. Wind, lb Seismic (E), lb SD 0 0 3243 Wind Uplift (U) = 10 psf Load from RC. ib: 0 0 C Upper Fir Depth (Fd) = 1.00 ft Total, Ib: 0 0 3243 Segment 1 Segment 2 Segment 3 Segment 4 Segment 5 Total Lo: Overall Seg. (Lo), ft: 20.00 20.00 RC Wail Height (H1), ft: 12.00 SD Wall Height (1-12), ft: 11.75 Trib. 1, ft: 4.00 Trib. 2, ft: 4.00 Rtn. Load (RL), lb: 200 Trib. 1 Weight (Rw), psf: 1 B.00 Trib. 2 Weight (Uw), psf: 15.00 Wail Weight (w), psf: 8.00 Seismic, pit: 162 = (3243 lb + 0 Ib) / 20' MOT (Seismic), ft-lb: 38105 = (3243 lb / 20 'Lo'H2)+(0 lb / 20' 'Lo'(H1 +H2+Fd)) Mr (Seismic), ft-lb: 68400 = (Rw 'Trib. 1+ Uw 'Trib. 2+ Wiv'(H1+H2))'(Lo)A2/2+RL'Lo HD (Seismic), lb: 110 = (Mot - (0.6-0.075)'Mr) /Lo Holdown Capacity, lb: 2550 HD Type: 6 15/32" APA Rated Sheathing Shear critical, pif: 162 Seg. 1: 'A'= 8d At 6" o.c. edges, 12" o,c. field HD critical, lb: 110 40% Increase for wind?: No Sheathing Layers: Single Concrete Anch.? Yes Wall Type: A Holdown Types: Wall Capacity, pif: 260 Seg. 1: '6' = HDU2-SDS2.6 and SSTB16 Anchor Bolt Controlling HD Type: 6 Holdown Capacity, lb: 2550 3x Members req.: No FOR REFERENCE ONLY Western Woods Use Book 10.11 Designing for Lateral Forces 4 l m Solid Blocking Bolts A.) Plan B.) Plan C.) Plan _JL__ll_ li !I 11 II p p Double Plates Plate A.1) Section B.1) Section C.1) Section Figure 10.14 Typical comer details TRANSVERSELY SHEATHED DIAPHRAGMS (Douglas Fir-Larch Lumber) Table 10.1 i Maximum Span-Width or Number of 8d Height-Width Ratio Common Nails per Board per Allowable Lateral Shear Load Horizontal Diaphragms Nominal Width Crossing of Stud, lbs. per lineal ft. Restraining: of Sheathing Joist, or Perimeter for Stud or Joist Spacing Masonry or Wood or Vertical Boards Member and at in inches of Concrete Walls Similar Wails Diaphragms (inches) Butted Ends 12 16 24 Not Limited by Limited by 6 2 100 75. 50 recommended acceptable acceptable 8 2 114 86 57 deflection deflection 10 2 124 93 62 of wall DIAGONALLY SHEATHED DIAPHRAGMS Maximum Span-Width Number of 8d Common Nails or per Board per Height-Width Ratio Crossing at: Horizontal Diaphragms Nominal Width Perimeter Restraining: of Sheathing Members and Stud Allowable Lateral Masonry or Wood or Vertical Boards Butted Ends or Shear Load Concrete Walls Similar Walls Diaphragms (inches) of Boards Joist lbs. per lineal ft. 3:1 4:1 2:1 6 2 2 345 8 2 2 262 C 3 2 393 continued i A . CONSTRUCTION INC. January 27,2o16 Mr. Pieter Smeenk City of Ashland 20 East Main Street Ashland, OR 97520 SUBJECT: Preliminary Seismic Upgrade, Relocation and Temporary Facilities Construction Budget for Ashland City Hall Dear Mr. Smeenk: Vitus Construction, Inc. appreciates the opportunity to provide a preliminary seismic upgrade, relocation and temporary facilities budget for the existing Ashland City Hall. The budget is based on site meetings, Miller Consulting Engineers, Inc. Report (dated 12/07115) and drawings from Marquess & Associates (dated May 1991) and Savikko Engineering (dated 4/14/85). The following preliminary scope and per square foot cost is being provided to the City of Ashland for budgeting purposes only. Preliminary Budgeting Items 1. Additional per square foot costs for new roofing, non-structural bracing of suspended ceilings and anchorage of equipment, and piping anchorages to add to the Miller Consulting Engineer's estimate. Also please specifically include temporary relocation costs and soft costs not included in the engineer's estimate. a. Miller Consulting Engineers, Inc. published cost $184.00 Sq Ft b. Flashing, bracing, weatherproofing and sealants . $18.oo Sq Ft c. Temporary operational facilities $20.00 Sq Ft i. Includes relocation, lease / rental of storage, offices, meeting rooms and restrooms occupied by city staff and the public during the construction period (9 months $156,834.00). d. Soft Costs $42.00 Sq Ft L Includes temporary signage, safety protection, parking and structural architectural drawings for roof and bracing e. Total $264.00 Sq Ft 2. Additional per square foot mechanical, electrical, plumbing, egress, ADA, Fire Suppression, and Tenant Improvements costs in total. a. Mechanical, electrical and plumbing $11o.oo Sq Ft b. ADA upgrades and modifications $28.oo Sq Ft P.O. Box 1097 • Gold Hill, OR 97525 Phone: 541.855.7177 • Fax: 541.555.7520 • E-mail: coney vvituscotistruction.corri - CCB #63643 c. Fire suppression $15.00 Sq Ft d. Tenant improvements $185.00 Sq Ft e. Total $338.00 Sq Ft 3. Total per square foot cost to construct a new building on the current City Hall site, replacing everything except the existing north and west, historic facades. If the per square foot costs for space added as a new third or fourth floor, please indicate the additional per square foot space cost for that, but if it is not significantly different, please indicate that. a. Rebuild building keeping exterior walls (10,595 Sq Ft) $405.00 Sq FT 4. Total per square foot cost to construct a new building on a new site on city-owned property, including the cost of parking, site development, building costs and associated elements to relocate. a. Site Development $125.00 Sq Ft b. Construction of Building $325.00 Sq ft c. Total $450.00 Sq Ft Drawing is for informational use only Vitus Construction, Inc. does not represent value associated with the site or building illustration. „P The above budget proposal will be updated as the project develops. If you have any questions please do not hesitate to contact Vitus Construction, Inc. Sincerely, Corey E. Vitus, President Vitus Construction, Inc. CITY OF ASHLAND Council Communication June 15, 2015, Study Session Discussion of planning for City Hall replacement FROM: Dave Kanner, City Administrator, dave.kanner@ashland.or.us SUMMARY The City has been discussing the reconstruction or relocation of City Hall for more than 20 years. As part of its 2014 strategic planning initiative, the City Council identified "Examine City Hall replacement and other facility needs" as a priority goal. The proposed BN 2015-17 budget included a request for $200,000 for a study of City Hall replacement, a long-term facilities master plan and a study of underutilized assets. However, the Budget Committee approved only $100,000. Staff proposes to use this money for a comprehensive examination of options for replacing City Hall and will use this study session for a discussion with the Council on how to proceed with that effort. BACKGROUND AND POLICY IMPLICATIONS: Ashland's City Hall building is more than 120 years old. It was originally built in 1891 as a fire station and expanded in 1913 to include the portion of the building that now houses Administration on the second floor and the Utility Billing lobby and City Recorder's Office on the first floor. The current stucco veneer was added to the building at that time, however the unreinforced brick masonry walls of the original building continue to form the "skeleton" of City Hall. The photo below left shows the original building. The photo at right is City Hall after it was expanded out to Main Street and the cement stucco exterior was added. At that time, a one-story addition to the east was constructed in the space between City Hall and the adjacent building (now occupied by Utility Billing). A partial second story added to this expansion at an unknown date. Two smaller additions were constructed out of concrete and concrete block at the south end of the building. Also, the interior of the building has been remodeled several times Click here to view City Hall historical photos. The newer rear section of the building that now houses the Finance Department was built in two phases, with the second floor completed in 1998. w " i e e -f A - - CITY OF ASHLAND The City has been discussing the reconstruction or relocation of City Hall for more than 20 years. The building is seismically vulnerable, lacks meeting space and has no room for growth. However, it is the seismic vulnerability of the building that presents the most pressing problem. The interior of City Hall has been reconfigured a number of times since 1913 but has never has any structural improvements related to seismic mitigation. A history of recent discussions and planning efforts is as follows: October 1993 - new buildinjz approved In October 1993 the Planning Commission approved a site review for the construction of a 10,000 square foot City office building to be located to the rear of the City Council chambers. In November 1993, the Council sustained the Planning Commission's decision and approved a site review for the construction of the new City office building. Due to community opposition to moving city offices out of the downtown, the City Council withdrew the City's application in December of 1993 for a new building and agreed by resolution to the formation of an ad hoc committee to study the space needs of the City, and to recommend how and when the solutions should be implemented. 1993 -1994 ad hoc Space Needs Study Committee An ad hoc Space Needs Study Committee was formed by Resolution 93-41. In April 1994 the committee presented its report to the City Council. The Committee concluded that additional space is needed for city offices located downtown. They recommended that the funds earmarked for the construction of the proposed building at the rear of the City Council Chambers be earmarked for a fund to acquire, maximize and improve space for city offices in the downtown including: acquisition of the Hillah Temple as soon as possible, rehabilitation of the existing City Hall building as soon as possible to include at a minimum, compliance with all current applicable codes, ordinances and energy conservation standards. If acquisition of the Hillah Temple was delayed, the rehabilitation of the existing City Hall to include the addition of a third floor and expansion of the second floor to accommodate all current downtown city employees. The committee also recommended contracting for engineering and architectural services for the purpose of" evaluating the existing City Hall building and making recommendations regarding cost and methods to accomplish the rehabilitation. Click here to read the 1994 ad hoc Space Needs Study Committee report to the City Council. 1994 Seismic Evaluation Report for City Hall In 1994, the City contracted with Miller-Gardner, Inc., Consulting Engineers to conduct a seismic evaluation of City Hall. The summary reads: Based on the findings of our field investigation and our preliminary calculations, the scope of seismic upgrade of the Ashland City Hall will include repairs or modification to five building components. These consist of bracing the exterior brick wall above the roof (parapet), exterior and interior brick wall lateral ties at the roof, ceiling and floor levels, adding interior shear walls, roof diaphragm reinforcement, and the addition of a braced steel frame inside at the north wall. The estimated total cost of the upgrade including the second floor addition is $330,000. Click here to read the 1994 Seismic Report. (Note: None of this recommended work has been done, although the parapet bracing and roof strapping are planned for this summer.) 1996-1997 Space Needs at City Hall In 1996 the City was unable to reach a mutually acceptable price for the Hillah Temple. The City Council directed staff to pursue the addition of a third story to City Hall and to downsize the proposed building at the East Main site. Click here to read the August 1997 report to City Council. CITY OF ASHLAND In December of 1997 the City Council authorized a Sire Review for the construction of a 7800 square foot City office located at 1175 E. Main Street (behind the City Council Chambers). 1998 -1999 In October of 1998 the City purchased the Hillah Temple for $650,360. In September of 1999, the City Council held a public hearing to consider design alternatives for the Hillah Temple building. Click here to read the Council minutes of September 1999. A second story was added over the earlier addition at the south end of City Hall. This is now part of Finance and the corner conference room. Use the link to City Hall historical photos to view this addition. 2002 The City contracted with Architectural Design Works to develop a conceptual study for the long term use of City Hall. The study identified the employee space needs, current floor plans and proposed future floor plans. Click here to view the conceptual designs. 2008 In 2008 the City Council formed the Facilities Master Plan Committee (read purpose of committee here) and contracted with OgdenRoemerWilkerson to develop a Facilities Master Plan with a long- term vision. Click here to read the report. The committee recommended Option 2 which is a combination of existing remodel and new construction, including City Hall. The report did not address the seismic needs of the building. Option 3 identified possible locations to build a new City Hall in the downtown core. The Council deferred action on the 2008 final report pending completion of a new Fire Station #2 and expansion of the Police Station. In light of the 20+ year history of City Hall replacement discussions and the Council's priority goal, this communication takes it as a given that the City must move forward with addressing its current and future City Hall needs, both in tenns of safety and space. To that end, staff proposes using the 5100,000 budgeted in BN 2015-17 to hire a consultant team for a planning and public involvement process that would - in broad terms encompass the following steps: 1. Through a public engagement process, determine the key criteria the community would want us to consider when planning for a new City Hall. These criteria could include: civic identity; energy/sustainability; public space; accessibility; reinforce history; mixed uses, etc. 2. Identify locations where those criteria could be met. 3. Analyze the feasibility and pros/cons of each location. 4. Determine the costs and potential financing mechanisms for each option. 5. Council, with community input, selects a preferred alternative. Staff seeks Council concurrence with this broad process outline and approval to move forward with an RFP to select a consultant team for this project. CITY OF ASHLAND COUNCIL GOALS SUPPORTED: Organization 4. Evaluate real property and, facility assets to strategically support city mission and goals. 4.3 Examine city hall replacement and other facility needs. FISCAL IMPLICATIONS: The approved BN 2015-17 budget includes $100,000 in one-time money that staff proposes to use for this City Hall study. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff seeks approval to move forward with an RFP to select a consultant team for this project. SUGGESTED MOTION: N/A ATTACHMENTS: None CITY OF ASHLAND Council Communication January 17, 2017, Business Meeting Second Reading of an Ordinance Amending AMC 2.50.070 and AMC 2.28.045 Public Contracting Delegated Officer Authority for Intergovernmental Agreements FROM: Dave Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY: To streamline approval of routine intergovernmental agreements (IGAs) and reduce the time Council and staff spend on them, staff proposes that the City Administrator be delegated authority to approve new intergovernmental agreements and renewal of intergovernmental agreements that are limited in scope or that do not require substantial investments, obligations, or risks to be undertaken by the City. BACKGROUND AND POLICY IMPLICATIONS: At its December 20, 2016 regular session, the City Council approved first reading of an ordinance amending AMC 2.50.070 and AMC 2.28.045 as presented. Under the current Ashland Municipal Code: • Any proposed new intergovernmental agreement that binds the City must be specifically approved by City Council if it is an intergovernmental agreement, no matter how minor. • Renewal of any existing intergovernmental agreement must be approved by City Council if it contains any proposed changes, no matter how small. • The City Administrator is authorized to approve renewal of an existing intergovernmental agreement only if it contains no changes. • The City Administrator is authorized to approve contracts for materials, supplies, equipment, services and public improvements in an amount up to $100,000 and for personal services in an amount up to $75,000 and nevertheless has no delegated authority to approve new intergovernmental agreements and or intergovernmental agreement renewals. • Substantial time and effort is spent by City staff in preparing for City Council consideration new intergovernmental agreements and intergovernmental renewals, even in the typical cases where the potential benefits are substantial and the likely financial and other consequences to the City are minimal. • Intergovernmental agreements and intergovernmental agreement renewals are presently approved generally by City Council by en bloc voting on the consent agenda, except in rare cases where financial or other consequences to the City could be substantial. The proposed changes would delegate authority to the City Administrator to approve routine intergovernmental agreements of up to $25,000 and renewal of intergovernmental agreements that are Page 1 of 2 P 14 Ir a ORDINANCE NO. AN ORDINANCE AMENDING AMC 2.50.070 AND AMC 2.28.045 PUBLIC CONTRACTING DELEGATED OFFICER AUTHORITY FOR INTERGOVERNMENTAL AGREEMENTS Annotated to show de et and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, under the current Ashland Municipal Code, any proposed new agreement that binds the City must be specifically approved by City Council if it is an intergovernmental agreement, no matter how minor. WHEREAS, under the current Code, renewal of any existing intergovernmental agreement must be approved by City Council if it contains any proposed changes, no matter how small. WHEREAS, under the current Code, the City Administrator is authorized to approve renewal of an existing intergovernmental agreement only if it contains no changes. WHEREAS, under the current Code, the City Administrator is authorized to approve contracts for materials, supplies, equipment, services and public improvements in an amount up to $100,000 and for personal services in an amount up to $75,000 and nevertheless has no delegated authority to approve new intergovernmental agreements and or intergovernmental agreement renewals. WHEREAS, substantial time and effort is spent by City staff in preparing for City Council consideration of new intergovernmental agreements and intergovernmental renewals, even in the typical cases where the potential benefits are substantial and the likely financial and other consequences to the City are minimal. WHEREAS, intergovernmental agreements and intergovernmental agreement renewals are typically approved by City Council by en bloc voting on the consent agenda, except in rare cases where financial or other consequences to the City could be substantial. Ordinance No. Page 1 of 4 WHEREAS, City Council wishes to delegate authority to the City Administrator to approve intergovernmental agreements and intergovernmental agreement renewals that are routine or that do not require substantial investments, obligations, or risks to be undertaken by the City. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code 2.50.070 Public Contracting Officer Authority and Ashland Municipal Code 2.28.045 City Administrator - Delegated Duties are amended to read as follows: 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; 2. Contract for all personal services as long as the contract price does not exceed $75,000; 3. Sell or dispose of all personal property of the city in accordance with AMC 2.54; and 4. Enter into any intergovernmental agreement as long as the annual cost to the City does not exceed $25,000 and the agreement does not create a new intergovernmental entity. Contracts approved under this section require no further approvals by the Local Contract Review Board. B. Except when this Chapter, or the Oregon Public Contracting Code and Model Rules, specifically requires the Local Contract Review Board to take action or exercise its discretion and delegation is not allowed, any act required or permitted to be performed by an "agency," "head of a contracting agency," "local contract review board" or the "director" under the Model Rules or Oregon Public Contracting Code shall be performed by the Public Contracting Officer. C. The Public Contracting Officer may develop such forms that are convenient to the administration of the City' s contracts and may promulgate procedures reasonably necessary to accomplish the purposes of this Chapter, the Model Rules, and the Oregon Public Contracting Code. The City Attorney may promulgate standard forms for use by the Public Contracting Officer. Section 2.28.045 City Administrator - Delegated Duties A. Acceptance of real property, or interest therein. Except when a public hearing before the governing body is required by state or local law, the City Council hereby authorizes and delegates to the City Administrator the authority to indicate, for purposes of recording in Official Deed records, the City of Ashland's acceptance of real property title or an interest in real property pursuant to ORS 93.808. The City Administrator may execute an instrument Ordinance No. Page 2 of 4 conveying fee title to the City or conveying any interest in real property to the City, after approval of the form by the City Attorney and approval of the description of the property by the City Surveyor. City acceptance shall be in substantially the following form: CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND. Grantee By: City Administrator City of Ashland, Oregon STATE OF OREGON) ) ss. Jackson County ) The foregoing instrument was acknowledged before me this day of 20 , by as City Administrator of the City of Ashland. Notary Public for Oregon My commission expires: B. Renewal of intergovernmental agreements. The City Council hereby delegates its authority to renew intergovernmental agreements to the City Administrator when: 1) state or local law does not require a public hearing before the governing body; 2) the terms of the intergovernmental agreement will be modified in accordance with the initial agreement, or the annual costs to the City will not be more than twenty-five percent (25%) greater than those in the initial agreement, and other terms will remain the same= be modified in aeeor-anee with the agreement, and , z u~ll« the agreement, 3) the renewal is approved by the City Attorney and the department head that is affected by the renewal. C. Execute Real Property Leases. The City Council hereby delegates its authority to enter into month to month leases of real property to the City Administrator, including but not limited to airport hangar leases, provided the written order entering into the lease of real property is approved by the City Attorney and the department head that is affected by the order. The City Council retains its authority to enter into all other real property leases of any duration. D. Waiver of Penalties and Interest for Late Tax Payments. The City Council hereby delegates its authority to waive penalties and interest for certain late tax payments to the City Administrator under only the following circumstances: 1) the waiver of penalties and interest concerns either a tax owed under AMC 4.24 [Transient Occupancy tax] or under AMC 4.34 [Food and Beverage tax], and 2) the operator submits a report that is complete and paid in full no more than seventy-two (72) hours or three work days delinquent, whichever is longer, and 3) the operator has reported and paid all monies(including food and beverage and transient occupancy tax) due to the City on or before the due date for each reporting period for the each of the prior twenty-four (24) consecutive months or eight (8) consecutive quarters, and Ordinance No. Page 3 of 4 4) the operator has not been the subject of a Food and Beverage tax or Transient Occupancy tax audit where the City found the operator' s record keeping, reporting or remitting deficient, during the prior twenty-four (24) consecutive months or eight (8) consecutive quarters, and 5) the written order granting the waiver is approved by the City Attorney and the department head that is affected by the order. E. The City Administrator shall biannually report to the City Council on the matters executed pursuant to this Chapter. SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections 2-4] need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2017, and duly PASSED and ADOPTED this day of , 2017. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 4 of 4 CITY OF ASHLAND Council Communication January 17, 2017, Business meeting First Reading of an Ordinance Updating and Making Uniform the Language Throughout the Ashland Municipal Code FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY: This agenda item is the first reading of an ordinance intended to make compliance with and enforcement of numerous provisions of the Ashland Municipal Code more readily comprehensible without making substantive changes. Passage of this proposed housekeeping ordinance would (1) remove, replace and/or correct ambiguous language; (2) in some cases, provide cross-references to multiple ordinances affecting the penalty schedule and in. other cases, consolidate related penalty provisions into one chapter with reference to a penalty section; (3) remove unnecessarily stigmatic or archaic language; or (4) state provisions in the active voice. Two sections of the proposed ordinance do change more than just Code organization and formatting and are discussed separately towards the end of the next section below. BACKGROUND AND POLICY IMPLICATIONS: The AMC has developed over many years, often without close attention paid to consistency of language and format. Some code sections are numbered in a way that makes it challenging to determine the specific offense for which a citation is issued. Certain code provisions fail to state clearly what the penalty for violation would be, leaving it to the reader to hunt around the AMC to find the catchall penalty provision that applies. The following illustrates one type of minor formatting problem this proposed ordinance is intended to fix. AMC 9.08.060, "Nuisances Affecting the Public Health", contains subsections A-J describing various conditions that can constitute a nuisance. At the end of subsection J, titled "Dust and Trackout" is a list of conditions the City might impose to prevent trackout, concluding in sub- subsection 7 with this specific possible condition: "For access to property, paving of the entry way or driveway for its entire length or a distance of 50 feet, whichever is shorter." Then, immediately below sub-subsection 7, and without any section or subsection numbering of its own, is the following penalty provision: "Nuisances affecting public health are considered Class I violations." If a person violates only subsection A of AMC 9.08.060 (concerning privies), a technically accurate citation would have to reference not only subsection A, but also the penalty clause contained Page 1 of 2 CITY OF ^AS H LA N D subsection J even though the rest of subsection J is not applicable in that it concerns only dust and trackout. The following is an example of a different type of problem this proposed ordinance addresses. Numerous AMC penalty provisions utilize terminology that is outdated or is inconsistent with other penalty provisions in the Code. By cross-referencing the relevant AMC penalty schedule, the proposed revisions direct all independently created ordinances to a single violation section. This formatting change would make it possible to readily evaluate the seriousness of offenses relative to each other and would eliminate some outdated terminology. Somewhat more extensive changes are proposed for AMC sections 9.08.020 (page 1 of Exhibit A, concerning Dangerous Animals) and 10.68.240 (pages 22 and 23 of Exhibit A, concerning Comfort Stations). While these two proposed revisions affect more than just the respective penalty sections, they do not change the apparent intent of the current provisions and specify with greater clarity the conduct that is being proscribed or exempted. In the proposed revisions to AMC 10.68.240, which limits access to Parks restrooms, specific exceptions are added to allow for access to a Parks restroom notwithstanding the sign on the door, including when the sign does not name the sexual orientation or gender identity of the person using the restroom for its intended purpose. The current idiosyncrasies in the various proscription and penalty provisions in the Code are not fatal to effective enforcement; nor are they an impenetrable impediment to comprehension. But the proposed changes would make these provisions more readable, more consistent, and more likely to be understood and complied with - without materially changing the intended effect of the ordinances. The number of existing Code provisions affected by the changes proposed in this omnibus ordinance is relatively large. To try to make it easier for a reader to keep track of the multiple proposed changes, the subject provisions are presented in a table attached as Exhibit A that presents in Column III the suggested changes in typical fashion - deletions shown by strikethroughs; additions shown in bold and underlined insertions - and then presents in Column IV, "Final Version," the clean versions of the proposed new provisions. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Passage of the ordinance is likely to facilitate both compliance and enforcement. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance. SUGGESTED MOTION: I move to approve first reading by title only of an ordinance which updates and reconciles various penalty provisions in the Ashland Municipal and whose title was read into the record by the City Attorney just before I made this motion and move the ordinance on to Second Reading. ATTACHMENTS: Ordinance, including Exhibit A to Ordinance. Page 2 of 2 ~r ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTERS AMC 9.04.030; AMC 9.08.020; AMC 9.08.030; AMC 9.08.040; AMC 9.08.050; AMC 9.08.060; AMC 9.080.070; AMC 9.08.080; AMC 9.08.090; AMC 9.08.110; AMC 9.08.120; AMC 9.08.130; AMC 9.08.150; AMC 9.08.160; AMC 9.08.170; AMC 9.08.180; AMC 9.08.190; AMC 9.08.250; AMC 9.08.270; AMC 9.08.280; AMC 9.08.990; AMC 9.12.060; AMC 10.04.020; AMC 10.04.030; AMC 10.26.050; AMC 1.0.30.050; AMC 10.40.030; AMC 10.40.040; AMC 10.44.020; AMC 10.46.020; AMC 10.46.030; AMC 10.56.020; AMC 10.56.030; AMC 10.60.020; AMC 10.60.050; AMC 10.60.060; AMC 10.110.060; AMC 10.60.060; AMC 10.68.060; AMC 10.68.080; AMC 10.68.090; AMC 10.68.100; AMC 10.68.110; AMC 10.68.120; AMC 10.68.130; AMC 10.68.140; AMC 10.68.150; AMC 10.68.170; AMC 10.68.180; AMC 10.68.190; AMC 10.68.200; AMC 10.68.210; AMC 10.68.220; AMC 10.68.230; AMC 10.68.240; AMC 10.68.250; AMC 10.68.260; AMC 10.68.270; AMC 10.68.280; AMC 10.68.290; AMC 10.68.300; AMC 10.68.310; AMC 10.68.320; AMC 10.68.330; AMC 10.68.350; AMC 10.68.370; AMC 10.68.380; AMC 11.22.020; AMC 11.22.030; AMC 11.40.010; AMC 11.40.030; AMC 11.40.040; AMC 11.40.050; AMC 11.44.005; AMC 1.1.44.010; AMC 11.44.020; AMC 11.44.040; AMC 11.44.030; AMC 11.44.090; AMC 11.52.030; AMC 11.52.050; AMC 11.52.060; AMC 11.52.070; AMC 11.52.080; AMC 11.52.090; AMC 13.02.040; AMC 13.02.060; AMC 13.02.080; AMC 13.02.120; AMC 13.02.900; AMC 13.03.090; AMC 13.03.110; AMC 13.04.090; AMC 13.12.130; AMC 14.04.060; AMC 14.04.090; AMC 14.05.120; AMC 14.06.080; AMC 14.06.090; AMC 14.08.050; AMC 14.09.010; AMC 14.12.095; AMC 15.06.030; AMC 15.08.100; AMC 15.10.100; AMC 15.16.340; AMC 15.20.090; AMC 16.28.050, TO UPDATE AND MAKE UNIFORM THE LANGUAGE THROUGHOUT THE ASHLAND MUNICIPAL CODE Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, Ordinance No. Page 1 of 3 shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, The City of Ashland wishes to reduce potential confusion about the purposes of some enforcement provisions in city code and associated penalties; and WHEREAS, staff is proposing revisions to enforcement and penalty language within various ordinances in order to (1) remove, replace and/or correct ambiguous language, (2) in some cases, provide cross references to multiple ordinances affecting the penalty schedule and in some cases, consolidate related penalty provisions into one chapter with reference to a single penalty section; (3) remove unnecessarily stigmatic or archaic language; or (4) state provisions in the active voice. WHEREAS, Column III of the chart attached as Exhibit A shows proposed revisions to each subject ordinance provision by means of strikethroughs and bolded and underlined inserted text, and Column IV shows the proposed final provisions; and therefore THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Column IV of attached Exhibit A, which is incorporated herein, comprises the final versions of the provisions addressed in this ordinance. SECTION 2. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections Nos. 2-4) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2017, and duly PASSED and ADOPTED this day of , 2017. Barbara M. Christensen, City Recorder Ordinance No. Page 2 of 3 SIGNED and APPROVED this day of , 2017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3 EXHIBIT A to ORDINANCE IV. Code Provision Code Section Original with Changes Final Version 9.04 Weeds and 9.04.030 SECTION 9.04.030 SECTION 9.04.030 Noxious Vegetation Violation Penalty Violation Penalty Violation Penalty Any vigil do of this =-.hapte - Any person who violates any provision of this Chapter is rr"ter^°, "1'"" be punishable ~ subject to Section 1.08.020 of the Class i vielation and eaeh day the Ashland Municipal Code. Any n nee """Maine nh^" vi~oilation of this section is a Class eenstitttte n see rate o f fefl moo. I violation. Any person who violates any provision of this Chapter is subiect to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class I violation. 9.08 Nuisances 9.08.020 SECTION 9.08.020 SECTION 9.08.020 Dangerous Dangerous Animals Dangerous Animals Animal A. No owner or person in charge of A. No owner or person in charge an ammi l shat r,eFmit a an ;Y,, i of a dangerous animal is .vhic is dangerous to the r,,,~,i; , permitted to fail to keep the health or sa", to be expose in dangerous animal confined or publie Dangerous anifn is is Class I restricted in a manner reasonably vielat-ien a dangerous animal is necessary to protect the health or permitted to fail to keep the safety of the public or property of dangerous animal confined or another from said animal. restricted in a manner reasonably B. A dangerous animal means any necessary to protect the health or animal which has the propensity safety of the public or property of to menace or attack without another from said animal. provocation persons or other B. A dangerous animal means any animals, which is listed as animal which has the propensity invasive species by Oregon to menace or attack without Department of Fish and Wildlife, provocation persons or other which carries communicable animals, which is listed as invasive diseases, or which is included in species by Oregon Department of the definitions of dangerous dog Fish and Wildlife, which carries under ORS 609.035 or exotic communicable diseases, or which animals as defined under ORS is included in the definitions of 609.305. dangerous doh under ORS C. Any violation of this section is 609.035 or exotic animals as punishable as provided under defined under ORS 609.305. 9.08.990. Ordinance - Exhibit A Page 1 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version C. Any violation of this section is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.030 SECTION 9.08.030 SECTION 9.08.030 Animals at Large Animals at Large Animals at Large A. No owner or person in charge of A. No owner or person in charge any dog, livestock, or poultry shall of any dog, livestock, or poultry permit the animal to run at large! shall permit the animal to run at ani als at large is ^ r4ass W large. vielation. B. Any violation of this section is B. Any violation of this section is punishable as provided under punishable as provided under 9.08.990. 9.08.990. 9.08 Nuisances 9.08.040 SECTION 9.08.040 SECTION 9.08.040 Keeping of Keeping of Animals Keeping of Animals Animals J. Keeping of animals 1s a Class 71= J. Any violation of this section is violati Any violation of this punishable as provided under section is punishable as provided 9.08.990. under 9.08.990. 9.08 Nuisances 9.08.050 SECTION 9.08.050 SECTION 9.08.050 Removal Removal of Removal of Carcasses of Carcasses Carcasses A. No person shall permit an A. No person shall permit an animal carcass under his or her animal carcass under his or her ownership or control to remain ownership or control to remain upon public property, or to be upon public property, exposed on private property, for a or to be exposed on private period of time longer than is property, for a period of time reasonably necessary to remove longer than is reasonably or dispose of the carcass. necessary to remove or dispose Removal of carcases is a Class of the carcass. Tel violation. B. Any violation of this section B. Any violation of this section is punishable as provided is punishable as provided under under 9.08.990. 9.08.990. 9.08 Nuisances 9.08.060 SECTION 9.08.060 SECTION 9.08.060 Nuisances Nuisances Affecting the Public Nuisances Affecting the Public Affecting the Health Health Public Health A. No person shall cause, or A. No person shall cause, or permit on property under his or permit on property under his or her ownership or control, a her ownership or control, a nuisance affecting public health. nuisance affecting public The following are nuisances health. The following are affecting the public health and nuisances affecting the public Ordinance - Exhibit A Page 2 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version may be abated and/or cited as health and may be abated provided and/or cited as provided in the AMC: in the AMC: Al. Privies. An open vault or 1. Privies. An open vault or privy constructed and maintained privy constructed and within the City, except those maintained within the City, constructed except those constructed or or maintained in connection with maintained in connection with construction projects in construction projects in accordance with the Oregon State accordance with the Oregon Board of Health regulations; State Board of Health -B2. Debris. Accumulations of regulations; debris, rubbish, manure, and 2. Debris. Accumulations of other refuse that are not removed debris, rubbish, manure, and within a reasonable time and that other refuse that are not affect the health of the City; removed within a reasonable Q. Stagnant Water. Stagnant time and that affect the health water which affords a breeding of the City; place for mosquitoes and other 3. Stagnant Water. Stagnant insect pests; water which affords a breeding D4. Water Pollution. Pollution of place for mosquitoes and other a body of water, well, spring, insect pests; stream, or drainage ditch by 4. Water Pollution. Pollution sewage, industrial wastes, or of a body of water, well, other substances placed in or near spring, stream, or drainage the water in a manner that will ditch by sewage, industrial cause harmful material to pollute wastes, or other substances the water; placed in or near the water in a L-5. Food. Decayed or manner that will cause harmful unwholesome food which is material to pollute the water; offered for human consumption; 5. Food. Decayed or -F6. Odor. Premises which are in unwholesome food which is such a state or condition as to offered for human cause an offensive odor or which consumption; are in an unsanitary condition; 6. Odor. Premises which are in 67. Surface Drainage. Drainage such a state or condition as to of liquid wastes from private cause an offensive odor or premises; which are in an unsanitary 118. Cesspools. Cesspools or condition; septic tanks which are in an 7. Surface Drainage. Drainage unsanitary condition or which of liquid wastes from private cause an offensive odor; premises; 19. Slaughterhouses and 8. Cesspools. Cesspools or Tanneries. A slaughterhouse or septic tanks which are in an tannery. Ordinance - Exhibit A Page 3 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version J10. Dust and Trackout. No unsanitary condition or which person shall trackout mud, dirt, or cause an offensive odor; other debris from private or 9. Slaughterhouses and public lands onto public roads Tanneries. A slaughterhouse or without taking reasonable tannery. precautions to prevent mud, dirt, 10. Dust and Trackout. No or debris from becoming airborne person shall trackout mud, dirt, or washing off the site. These or other debris from private or precautions shall include prompt public lands onto public roads removal of such material from without taking reasonable the paved road surfaces and such precautions to prevent mud, other precautions including, but dirt, or debris from becoming not necessarily limited to, the airborne or washing off the conditions listed below. site. These precautions shall B. The City may require the include prompt removal of imposition of building permit such material from the paved conditions for the prevention of road surfaces and such other trackout. Conditions imposed precautions including, but not may include, but are not limited necessarily limited to, the to the following: conditions listed below. The posting of a bond sufficient B.- The City may require the to assure available funds for imposition of building permit roadway cleanup by the City if conditions for the prevention the contractor or permittee is of trackout. Conditions negligent in cleanup of adjacent imposed may include, but are public roadways. not limited to the following: 1. Street sweeping, vacuuming or The posting of a bond other means of removing trackout sufficient to assure available material from public roadways. funds for roadway cleanup by 2. Installation of wheel washers the City if the contractor or at exits of major construction permittee is negligent in sites. cleanup of adjacent public 3. Use of temporary or permanent roadways. barricades to keep traffic off 1. Street sweeping, vacuuming unpaved areas. or other means of removing 4. Require graveling of access trackout material from public roads on site. roadways. 5. Limit the use of public 2. Installation of wheel roadways by vehicles. washers at exits of major 6. Issue stop work order if construction sites. trackout occurs and is not 3. Use of temporary or promptly corrected. A violation permanent barricades to keep of a stop work order shall be traffic off unpaved areas. considered a violation of this 4. Require graveling of access section. A stop work order issued roads on site. Ordinance - Exhibit A Page 4 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version pursuant to this section shall be 5. Limit the use of public posted at the work site and roadways by vehicles. delivered personally or by 6. Issue stop work order if certified mail to an alleged trackout occurs and is not violator. promptly corrected. A 7. For access to property, paving violation of a stop work order of the entry way or driveway for shall be considered a violation its entire length or a distance of of this section. A stop work 50 feet, whichever is shorter. order issued pursuant to this Nuisa ees affeeting pubhe section shall be posted at the health .,..,~WH-e`a Class T work site and delivered violations. personally or by certified mail C. Any violation of this section to an alleged violator. is punishable as provided under 7. For access to property, 9.08.990. paving of the entry way or driveway for its entire length or a distance of 50 feet, whichever is shorter. C. Any violation of this section is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.070 SECTION 9.08.070 SECTION 9.08.070 Abandoned Abandoned Refrigerators Abandoned Refrigerators Refrigerators A. No person shall leave, in a A. No person shall leave, in a place accessible to children, an place accessible to children, an abandoned or discarded icebox, abandoned or discarded refrigerator, or similar container icebox, refrigerator, or similar without first removing the door, container without first unless the same has a magnetic removing the door, unless the catch or similar catch which can same has a magnetic catch or easily be opened from the inside. similar catch which can easily Abandoned fe ffigeratofs be opened from the inside. Class T v o a4 o B. Any violation of this section B. Any violation of this section is punishable as provided is punishable as provided under under 9.08.990. 9.08.990. 9.08 Nuisances 9.08.080 SECTION 9.08.080 SECTION 9.08.080 Attractive Attractive Nuisances Attractive Nuisances Nuisances C. "ttr eti,, r•~~ r oes aro C. Any violation of this section Class TT yiolatoo Any is punishable as provided violation of this section is under 9.08.990. punishable as provided under 9.08.990. Ordinance - Exhibit A Page 5 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version 9.08 Nuisances 9.08.090 SECTION 9.08.090 SECTION 9.08.090 Snow and Ice Snow and Ice Removal Snow and Ice Removal Removal B. Snow an iee removal a B. Any violation of this section Class IN, violati Any is punishable as provided violation of this section is under 9.08.990. punishable as provided under 9.08.990. 9.08 Nuisances 9.08.110 SECTION 9.08.110 SECTION 9.0 8.110 Scattering Scattering Rubbish Scattering Rubbish Rubbish A. No person shall deposit upon A. No person shall deposit public or private property any upon public or private property kind of rubbish, trash, debris, any kind of rubbish, trash, refuse, or any substance that debris, refuse, or any substance would mar the appearance, create that would mar the appearance, a stench or fire hazard, detract create a stench or fire hazard, from the cleanliness or detract from the cleanliness or safety of the property, or would safety of the property, or be likely to injure a person, would be likely to injure a animal, or vehicle traveling upon person, animal, or vehicle a public way. traveling upon a public way. Sal4ef ng rubbish a Class 11 B. Any violation of this section violati is punishable as provided B. Any violation of this section under 9.08.990. is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.120 SECTION 9.08.120 SECTION 9.08.120 Trees - Hedges Trees - Hedges Trees - Hedges D Tr-@@s Hedges area Glass M D. Any violation of this Vielati Any violation of this section is punishable as section is punishable as provided under 9.08.990. provided under 9.08.990. 9.08 Nuisances 9.08.130 SECTION 9.08.130 SECTION 9.08.130 Parking Strips Parking Strips Parking Strips A. It shall be the duty of the A. It shall be the duty of the owner or person in charge of owner or person in charge of abutting property to grade the abutting property to grade the area between the sidewalk and area between the sidewalk and the curb to the level of the the curb to the level of the sidewalk and curb and to sidewalk and curb and to maintain the area as a grass plot; maintain the area as a grass provided, however, that the area plot; provided, however, that Ordinance - Exhibit A Page 6 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version may be used also for ornamental the area may be used also for plants and shrubbery in a manner ornamental plants and not in conflict with this chapter or shrubbery in a manner not in any ordinances. Parking strips conflict with this chapter or n Class TTT yielat;"''' any ordinances. B. Any violation of this section B. Any violation of this section is punishable as provided under is punishable as provided 9.08.990. under 9.08.990. 9.08 Nuisances 9.08.150 SECTION 9.08.150 SECTION 9.08.150 Surface Waters Surface Waters - Drainage Surface Waters - Drainage - Drainage C. Suffaee Wat° - C. Any violation of this section Class TT viola4ie . Any violation is punishable as provided of this section is punishable as under 9.08.990. provided under 9.08.990. 9.08 Nuisances 9.08.160 SECTION 9.08.160 SECTION 9.08.160 Radio and Radio and Television - Radio and Television - Television - Interference Interference Interference C Radio and teleyis C. Any violation of this section inter-fefence is s-11 is punishable as provided vielati Any violation of this under 9.08.990. section is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.170 SECTION 9.08.170 SECTION 9.08.170 Unnecessary Unnecessary Noise Unnecessary Noise Noise G. Penalty. Unless otherwise G. Penalty. Unless otherwise specified in this section, specified in this section, Upffleeesrkils° n Gla T violation of this section is Violati violation of this punishable as provided under section is punishable as 9.08.990. provided under 9.08.990. 9.08 Nuisances 9.08.180 SECTION 9.08.180 SECTION 9.08.180 Notices - Notices - Advertisements Notices - Advertisements Advertisements A. No person shall scatter, litter, A. No person shall scatter, or cause to be scattered, or litter, or cause to be scattered, littered any placards, or littered any placards, advertisements, or other similar advertisements, or other materials on public or private similar materials on public or property. loges private property n~coriinom ot~cIs n Class TTT c io Ordinance - Exhibit A Page 7 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version B. Any violation of this section B. Any violation of this section is punishable as provided under is punishable as provided 9.08.990. under 9.08.990. 9.08 Nuisances 9.08.190 SECTION 9.08.190 SECTION 9.08.190 Declaration of Declaration of Nuisance - Declaration of Nuisance - Nuisance - General Nuisance General Nuisance General Nuisance C. Gei@fal r` Undelf C. Any violation of this section 9.08.190.B. a Class 11 is punishable as provided violati&H-. Any violation of this under 9.08.990. section is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.250 SECTION 9.08.250 SECTION 9.08.250 Penalties Penalt* Penalties ^ rim, per-son ` who viel tes any [Repealed] Pfevisiol Of this ehaptef is- subject to Seeti ,r, 1.08.020 of the Ashland Mtmieipal Code. 9.08 Nuisances 9.08.270 SECTION 9.08.270 SECTION 9.08.270 Prohibiting the Prohibiting the Sale of Coal Prohibiting the Sale of Coal Sale of Coal A. No person, firm or corporation A. No person, firm or shall sell, trade, deliver or give corporation shall sell, trade, away coal within the City of deliver or give away coal Ashland. This within the City of Ashland. shall apply to coal that is This shall apply to coal that is intended or suitable for use in intended or suitable for use in stoves for heating and does not stoves for heating and does not include charcoal. include charcoal. Violation of this Section is B. Any violation of this section rjeet to the penalties set foi4 is punishable as provided in section 09 2 Coal Sale in n is under 9.08.990. Class M ` iel tie B. Any violation of this section is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.280 SECTION 9.08.280 SECTION 9.08.280 Feeding of Feeding of Deer, Raccoon, Wild Feeding of Deer, Raccoon, Deer, Raccoon, Turkeys and Potentially Wild Turkeys and Potentially Wild Turkeys Habituated Wildlife Prohibited Habituated Wildlife Prohibited and Potentially Habituated D. Violation - Penalty. As D. Violation - Penalty. Wildlife othe _ ise allowed under AMC Any violation of this section is Prohibited 1.08.010, any viol tion of this punishable as provided under section may be eonsiderna 9.08.990. Ordinance - Exhibit A Page 8 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version nuisanee and is punishable as a Class 1 violation and eae day the nu* - ir.nn icy maintained shall eonstitute a separate else. Any violation of this section is punishable as provided under 9.08.990. 9.08 Nuisances 9.08.990 SECTION 9.08.990 SECTION 9.08.990 Violations of Violations of Provisions of Violations of Provisions of Provisions of Chapter 9.08: Schedule Chapter 9.08: Schedule Chapter 9.08: A. Any person who violates any A. Any person who violates Schedule provision of this Chapter is any provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. B. Schedule of Violations: B. Schedule of Violations: 1. Violations of any of the 1. Violations of any of the followinjj sections constitute a following sections constitute a Class I violation: Class I violation: (a) 9.04.030 Weeds and Noxious (a) 9.04.030 Weeds and Vegetation Noxious Vegetation (b) 9.08.020 Dangerous animals (b) 9.08.020 Dangerous (c) 9.08.060 Nuisances AffectinLy animals the Public Health (c) 9.08.060 Nuisances (d) 9.08.070 Abandoned Affecting the Public Health RefrilZerators (d) 9.08.070 Abandoned (e) 9.08.170 Unnecessary Noise Refrigerators (f) 9.08.280 Feeding of Deer, (e) 9.08.170 Unnecessary Raccoon, Wild Turkeys and Noise Potentially Habituated Wildlife (f) 9.08.280 Feeding of Deer, Prohibited Raccoon, Wild Turkeys and 2. Violations of any of the Potentially Habituated Wildlife followinjj sections constitute a Prohibited Class II violation: 2. Violations of any of the (a) 9.08.080 Attractive following sections constitute a Nuisances Class II violation: (b) 9.08.110 Scattering Rubbish (a) 9.08.080 Attractive (c) 9.08.150 Surface Waters - Nuisances Drainage (b) 9.0 Scattering (d) 9.08.160 Radio and Rubbish Television - Interference (c) 9.08.150 Surface Waters - (e) 9.08.190 Declaration of Drainage Nuisance - General Nuisance (d) 9.08.160 Radio and Television - Interference Ordinance - Exhibit A Page 9 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version 3. Violations of any of the (e) 9.08.190 Declaration of followinLy sections constitute a Nuisance - General Nuisance Class III violation: 3. Violations of any of the (a) 9.08.040 KeepinLy of Animals following sections constitute a (b) 9.08.120 Tree-IledLyes Class III violation: (c) 9.08.130 Parking strips (a) 9.08.040 Keeping of (d) 9.08.180 Notices- Animals Advertisement (b) 9.08.120 Tree-Hedges (e) 9.08.270 Prohibiting Sale of (c) 9.08.130 Parking strips Coal (d) 9.08.180 Notices- 4. Violations of any of the Advertisement followinlz sections constitute a (e) 9.08.270 Prohibiting Sale Class IV violation: of Coal (a) 9.08.030 Animals at Larl4e 4. Violations of any of the (b) 9.08.050 Removal of following sections constitute a Carcasses Class IV violation: (c) 9.08.090 Snow and Ice (a) 9.08.030 Animals at Large Removal (b) 9.08.050 Removal of Carcasses (c) 9.08.090 Snow and Ice Removal 10.04 Interference 10.04.020 SECTION 10.04.020 Violation SECTION 10.04.020 with Police or Fire Penalties Penaltiesy Violation - Penalty. Department Any person who violates any wild this elu"te" shall be guilt' o provision of this Chapter is Class N! .,iolatia as that elan- subject to Section 1.08.020 of the Ashland Municipal Code. Zr 08.°zmn. Any person who W~~° Any violation of this section is violates any provision of this a Class III violation. Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class III violation. 10.04 Interference 10.04.030 SECTION 10.04.030 SECTION 10.04.030 with Police or Fire Interference Interference with a public Interference with a public Department with a public safety radio safety radio safety radio A. No person shall operate any A. No person shall operate any generator or electromagnetic generator or electromagnetic wave or otherwise cause a wave or otherwise cause a disturbance of such magnitude as disturbance of such magnitude to interfere with the proper as to interfere with the proper functioning of any police, fire, or functioning of any police, fire, emergency radio communication or emergency radio system of the city. hoer ferenee Ordinance - Exhibit A Page 10 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version with public safety rndie is n 'lass communication system of the G rnis emeanef B. Any person city. who violates any provision of B. Any person who violates this Chapter is subject to any provision of this Chapter is Section 1.08.020 of the Ashland subject to Section 1.08.020 of Municipal Code. Any violation the Ashland Municipal Code. of this section is a Class c Any violation of this section is Misdemeanor. a Class C Misdemeanor. 10.26 10.26.050 SECTION 10.26.050 SECTION 10.26.050 Swimming Pools Violation Violation Penalty Violation Penalty Penalty Any per-son, fif ~eer-porution Any person who violates any found in violation o the teems^oi provision of this Chapter is this-motor, and upon eonv etien, subject to Section 1.08.020 of shall be guilty o 271ass 1. Any the Ashland Municipal Code. person who violates any Any violation of this section is provision of this Chapter is a Class I Violation. subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class I Violation. 10.30 Controls on 10.30.050 SECTION 10.30.050 SECTION 10.30.050 Open Burning Enforcement Enforeement Penalties and Penalties and Schedule and Penalties Schedule A. Any person who violates A. Any pef n, rifm or any provision of this Chapter is eofpor-atior,7:,A, etheN_ns subject to Section 1.08.020 of r,rinnr.n~ agent, employee 0 the Ashland Municipal Code. other-wise,, 401ntinn ^r B. (1) Any violation of this eaus g violation of any of the section is a Class I Violation. of *h_ ~r~ (2) Outside burning without a inel„ainn but not limited permit or a permitting a un„ef itte~l campfire in violation of this ,,,,-,-.inn Of vielatio Of nef'fflit, chapter is a public nuisance rert>>iremen+chas eommit e4 a. and may be may be abated Class 1 vi „l ati o and upon pursuant to AMC Chapter convie*i"n 1.08. by the Fire Chief, Chief thefeof-, is punishable as of Police, or their prescribed in Section .08. representatives. 1 1 nvL,von o t t e / ♦ ` shinnd M nie p l Code Stir person_ fir':n Of corporation is guilty of sepa-fa4e violation for- eaeh and every line Eliirinrt whieh a *y violation Ordinance - Exhibit A Page 11 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version of this Chapter is cemmitte e coat edby such p ~~e Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. B. OiAside buming without pef it or- n e mpfife in violation n of this ehapter is a public X.Lii. -e and may be st mm •ly ab-ated by the Fire Chief 7 Chief of Po i e, of th°if (1) Any violation of this section is a Class I Violation. (2) Outside burninIZ without a permit or a permittinIZ a campfire in violation of this chapter is a public nuisance and may be may be abated pursuant to AMC Chapter 1.08 by the Fire Chief, Chief of Police, or their representatives. 10.40 Liquor 10.40.030 SECTION 10.40.030 SECTION 10.40.030 Regulations Consumption of Consumption of alcoholic Consumption of alcoholic alcoholic liquors liquors in public places liquors in public places in public places prohibited prohibited prohibited A. No person shall drink or A. No person shall drink or consume alcoholic liquor in or consume alcoholic liquor in or upon any street, alley, public upon any street, alley, public ground, or other public place ground, or other public place unless the place has been licensed unless the place has been for that purpose by the Oregon licensed for that purpose by the Liquor Control Commission. Oregon Liquor Control Consumption of alcoholic liquefs Commission. in publie places p fohihited a B. Any person who violates Class H! violatio any provision of this Chapter is B. Any person who violates any subject to Section 1.08.020 of provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class III Violation. Any violation of this section is a Class III Violation. Ordinance - Exhibit A Page 12 of 53 L II. III. IV. Code Provision Code Section Original with Changes Final Version 10.40 Liquor 10.40.040 SECTION 10.40.040 SECTION 10.40.040 Regulations Open Open Containers Prohibited Open Containers Prohibited Containers A. A person commits the offense A. A person commits the Prohibited of violation of the open container offense of violation of the open law if the person possesses on container law if the person one's person, while in or upon possesses on one's person, any street, alley, public ground, while in or upon any street, or other public place unless the alley, public ground, or other place has been licensed public place unless the place for that purpose by the Oregon has been licensed Liquor Control Commission, any for that purpose by the Oregon bottle, can or other receptacle Liquor Control Commission, containing any alcoholic liquor, any bottle, can or other which has been opened, or a seal receptacle containing any broken, or the contents of which alcoholic liquor, which has have been partially removed. It been opened, or a seal broken, shall not be a violation of this or the contents of which have section, however, if the bottle, been partially removed. It shall can or other receptacle is within not be a violation of this a motor vehicle and in section, however, if the bottle, compliance with ORS 811.170, can or other receptacle is the open container law in a motor within a motor vehicle and in vehicle. Open ors compliance with ORS 811.170, pfo ibite is a Glass iii viol do . the open container law in a B. Any person who violates any motor vehicle. provision of this Chapter is B. Any person who violates subject to Section 1.08.020 of any provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is a the Ashland Municipal Code. Class III Violation. Any violation of this section is a Class III Violation. 10.44 Disorderly 10.44.020 SECTION 10.44.020 Penalties SECTION 10.44.020 Conduct Penalties ^ ny person violating an , seetio~ Penalties within this ehapter- shall b t~ Any person who violates any of a Cl ass H! vioia4ion as that provision of this Chapter is class is define Linde f Oregon la-A subject to Section 1.08.020 of and ^ 4 1. 08. . Any person the Ashland Municipal Code. who violates any provision of Any violation of this section is this Chapter is subject to a Class III Violation. Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class III Violation. Ordinance - Exhibit A Page 13 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version 10.46 Prohibited 10.46.020 SECTION 10.46.020 SECTION 10.46.020 Camping Camping Camping Prohibited Camping Prohibited Prohibited A. No person shall camp in or A. No person shall camp in or upon any sidewalk, street, alley, upon any sidewalk, street, lane, public right-of-way, park, or alley, lane, public right-of- any other publicly-owned way, park, or any other property or under any bridge or publicly-owned property or viaduct, unless otherwise under any bridge or viaduct, specifically authorized by this unless otherwise specifically code, by the owner of the authorized by this code, by the property, or by emergency owner of the property, or by declaration under AMC 2.62.030. emergency declaration under Camping pfo ibite is a Gass W AMC 2.62.030. vier B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV Violation. Class IV Violation. 10.46 Prohibited 10.46.030 SECTION 10.46.030 SECTION 10.46.030 Camping Sleeping on Sleeping on Benches Sleeping on Benches Benches A. No person shall sleep on A. No person shall sleep on public benches between the hours public benches between the of 9:00 p.m. and 8:00 a.m. hours of 9:00 p.m. and 8:00 Sleeping on benches is a Class W a.m. vi o' r B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV Violation. Class IV Violation. 10.56 Trespass 10.56.030C SECTION 10.56.030 SECTION 10.56.030 Prohibited Uses Prohibited Uses of Fountains Prohibited Uses of Fountains of Fountains and Monuments and Monuments and Monuments C Pfohibited uses of fountains C. Any person who violates and mon menu a Gla r any provision of this Chapter is vieWi^„. Any person who subject to Section 1.08.020 of violates any provision of this the Ashland Municipal Code. Chapter is subject to Section Any violation of this section is 1.08.020 of the Ashland a Class I Violation. Municipal Code. Any violation Ordinance - Exhibit A Page 14 of 53 L IL 111. IV. Code Provision Code Section Original with Changes Final Version of this section is a Class I Violation. 10.60 Injury to or 10.60.020 SECTION 10.60.020 SECTION 10.60.020 Destruction of Horses Horses prohibited Horses prohibited Property prohibited A. No person shall lead, drive, or A. No person shall lead, drive, ride a horse on public property, or ride a horse on public except upon that portion of a property, except upon that street where vehicular traffic is portion of a street where authorized. uofses pr-eh ite ; r vehicular traffic is authorized. Class 11 viol do B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class II Violation. Class II Violation. 10.60 10.60.050 SECTION 10.60.050 SECTION 10.60.050 Injury to or Library property Library property Retention Library property Retention Destruction of Retention past past due date prohibited past due date prohibited Property due date A. No person shall willfully or A. No person shall willfully or prohibited maliciously detain any book, maliciously detain any book, newspaper, magazine, pamphlet, newspaper, magazine, or manuscript belonging to the pamphlet, or manuscript public library for thirty (30) days belonging to the public library after notice in writing from the for thirty (30) days after notice librarian of such library, given in writing from the librarian of after the expiration of time which such library, given after the by regulations of such library expiration of time which by such book, newspaper, magazine, regulations of such library pamphlet, phonograph record, or such book, newspaper, manuscript may be kept. The magazine, pamphlet, notice shall bear upon its face a phonograph record, or copy of this section and Section manuscript may be kept. The 10.60.060. notice shall bear upon its face Fete do past dtle date prehib to a copy of this section and is a Clasri i~violation. Nothing Section 10.60.060. hefei n shall pfoh b t efit inn B. Any person who violates y,rose,.ution fee the# undef any provision of this Chapter is Ofego„ raw subject to Section 1.08.020 of B. Any person who violates any the Ashland Municipal Code. provision of this Chapter is Any violation of this section is subject to Section 1.08.020 of a Class IV Violation. the Ashland Municipal Code. Ordinance - Exhibit A Page 15 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Any violation of this section is a Class IV Violation. 10.60 10.60.060 SECTION 10.60.060 SECTION 10.60.060 Injury to or Violation - Violation - Penalty. Violation - Penalty. Destruction of Penalty ^ ny personviola ing any of the Any person who violates any Property provision of this Chapter is guilty of a in4aetio and shall subject to Section 1.08.020 of be subject to the pena ties the Ashland Municipal Code. foFth i Seetio 1.08.020.- Any Any violation of this section is person who violates any a Class I violation. provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class I violation. 10.68 Public Parks 10.68.060 SECTION 10.68.060 SECTION 10.68.060 Penalty for Penalty for Violation Unpermitted Commercial violation Unpermitted Commercial Activity Activity A. No one shall sell or offer A. No one shall sell or offer for for sale any article or perform sale any article or perform or or offer to perform any service offer to perform any service for for hire in any of the parks hire in any of the parks without a without a written permit for written permit for such such concession properly and concession properly and regularly regularly granted by the Park granted by the Park Commission. Commission. No one shall No one shall hawk or peddle hawk or peddle popcorn, ice popcorn, ice cream, candy, soda cream, candy, soda water, water, peanuts, or similar wares peanuts, or similar wares within or on any of the park within or on any of the park grounds of the city without first grounds of the city without securing a permit to do so from first securing a permit to do so the Park Commission. from the Park Commission. T rrpen, ;tte comm°rni-a activity B. Any person who violates is a a 1 violation. any provision of this Chapter is B. Any person who violates subject to Section 1.08.020 of any provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class I violation. Any violation of this section is a Class I violation. 10.68 Public Parks 10.68.080 SECTION 10.68.080 SECTION 10.68.080 Notices Postinlz Notices prohibited. Posting_Notices prohibited. prohibited Ordinance - Exhibit A Page 16 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version A. No one shall erect on any A. No one shall erect on any pole or post or attach any notice, pole or post or attach any bill, poster, sign, wire, rod or notice, bill, poster, sign, wire, cord to any tree, shrub, fence rod or cord to any tree, shrub, railing, fountain, wall, post, fence railing, fountain, wall, structure or other device of any post, structure or other device kind whatever, on any of the of any kind whatever, on any bases, statues, bridges, or of the bases, statues, bridges, monuments in any park without or monuments in any park permission of the Park without permission of the Park Commission. Notices pfeh bite - Commission. is a Glass Al vielatio . B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV violation. Class IV violation. 10.68 Public Parks 10.68.090 SECTION 10.68.090 SECTION 10.68.090 Intoxicating Intoxicating liquor prohibited Intoxicating liquor prohibited liquor prohibited E lnto iea4ing ficl e,- p,.,,hibite E. Any person who violates is a Glass 11 v e at o Any any provision of this Chapter is person who violates any subject to Section 1.08.020 of provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class II violation. Any violation of this section is a Class II violation. 10.68 Public Parks 10.68.100 SECTION 10.68.100 SECTION 10.68.100 Littering Littering Prohibited Littering Prohibited Prohibited A. No one shall obstruct the free A. No one shall obstruct the use and enjoyment of any park, free use and enjoyment of any or place any straw, dirt, chips, park, or place any straw, dirt, paper, shaving, shells, ashes, chips, paper, shaving, shells, swill or garbage or other rubbish ashes, swill or garbage or other even though not offensive to rubbish even though not health in or upon any portion of offensive to health in or upon the Park. T ;ttering r,fohi ite is any portion of the Park. Glass 11 vigil tiop B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. Ordinance - Exhibit A Page 17 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class II violation. Class II violation. 10.68 Public Parks 10.68.110 SECTION 10.68.110 SECTION 10.68.110 Injuring or Injuring or defacing property Injuring or defacing property defacing prohibited prohibited property A. No one shall remove, destroy, A. No one shall remove, prohibited break, injure, mutilate, or deface destroy, break, injure, mutilate, in any way, any structure, or deface in any way, any monument, statue, vase, fountain, structure, monument, statue, wall, fence, railing, vehicle, vase, fountain, wall, fence, bench, tree, shrub, fern, plant, railing, vehicle, bench, tree, flower, or other property in the shrub, fern, plant, flower, or park. injt frog or def4e ng other property in the park. pfepe ty pr-ohi 11t~3cLi is n Glass TT B. Any person who violates "'^'~rvlatiofl. any provision of this Chapter is B. Any person who violates any subject to Section 1.08.020 of provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class II violation. Any violation of this section is a Class II violation. 10.68 Public Parks 10.68.120 SECTION 10.68.120 SECTION 10.68.120 Park property- Park property - Prohibited uses Park property - Prohibited uses prohibited uses A. No one shall climb any tree, or A. No one shall climb any tree, walk, stand, or sit upon the or walk, stand, or sit upon the monuments, vases, fountains, monuments, vases, fountains, railings, or fences in any park. railings, or fences in any park. Parks pfope ty Prohibited „ J~. J sos is B. Any person who violates 1.7 n Class H! N'ielatiefi. any provision of this Chapter is B. Any person who violates any subject to Section 1.08.020 of provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class II violation. Any violation of this section is a Class II violation. 10.68 Public Parks 10.68.130 SECTION 10.68.130 SECTION 10.68.130 Betting Betting prohibited Betting prohibited prohibited A. No game of chance or betting A. No game of chance or of any kind will be permitted betting of any kind will be within the park boundaries. permitted within the park Betting prohibited i n ('lass TT boundaries. viel B. Any person who violates any provision of this Chapter is Ordinance - Exhibit A Page 18 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version B. Any person who violates any subject to Section 1.08.020 of provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class II violation. Any violation of this section is a Class II violation. 10.68 Public Parks 10.68.140 SECTION 10.68.140 SECTION 10.68.140 Firearms and Firearms and explosives wse Firearms and explosives explosives use prohibited prohibited prohibited A. Except as permitted by AMC A. Except as permitted by 10.92.02013, no one shall use AMC 10.92.020.13, no one firearms, fireworks, firecrackers, shall use firearms, fireworks, torpedoes, or explosives of any firecrackers, torpedoes, or kind in any park. Fifeaf s and- explosives of any kind in any explosives use P,.ehibite ;r park. Gass 1 v;o at B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class II violation. Class II violation. 10.68 Public Parks 10.68.150 SECTION 10.68.150 SECTION 10.68.150 Injuring Injuring wildlife Injuring wildlife prohibited wildlife prohibited prohibited A. No one shall use any weapon, A. No one shall use any stick, stone, or missile of any weapon, stick, stone, or missile kind to destroy, injure, disturb or of any kind to destroy, injure, molest any wild or domestic disturb or molest any wild or animal, fowl, or fish within the domestic animal, fowl, or fish park limits. lfiju inn wildlife within the park limits. B. Any person who violates B. Any person who violates any provision of this Chapter is any provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class I violation. Class I violation. 10.68 Public Parks 10.68.170 SECTION 10.68.170 SECTION 10.68.170 Park waters Use Park wWaters Use Park Waters Use A. No one shall fish, wade, swim, A. No one shall fish, wade, or bathe in any of the parks swim, or bathe in any of the except the places designated for parks except the places such purposes, except, however, designated for such purposes, that children of the age of thirteen except, however, that children Ordinance - Exhibit A Page 19 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version (13) years and under shall be of the age of thirteen (13) permitted to fish within the years and under shall be present, or hereinafter designated, permitted to fish within the boundaries of Lithia Park. present, or hereinafter B. Any person who violates any designated, boundaries of provision of this Chapter is Lithia Park. subject to Section 1.08.020 of B. Any person who violates the Ashland Municipal Code. any provision of this Chapter is Any violation of this section is a subject to Section 1.08.020 of Class II violation. the Ashland Municipal Code. Any violation of this section is a Class II violation. 10.68 Public Parks 10.68.180 SECTION 10.68.180 SECTION 10.68.180 Whistles Whistles prohibited Whistles prohibited prohibited A. Except for sports officials and A. Except for sports officials coaches during scheduled events, and coaches during scheduled visitors shall not sound whistles events, visitors shall not sound in any of the parks. Whiff whistles in any of the parks. prohibited is a Class Al . B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV violation. Class IV violation. 10.68 Public Parks 10.68.190 SECTION 10.68.190 SECTION 10.68.190 Park rules Park rules - Destruction of Park rules - Destruction of Destruction of notice prohibited notice prohibited notice A. No person shall injure, deface, A. No person shall injure, prohibited or destroy any notice of rules and deface, or destroy any notice regulations for the government of of rules and regulations for the the parks, which shall have been government of the parks, posted or permanently fixed by which shall have been posted order or permission of the park or permanently fixed by order commission. Dest uet o or permission of the park notice is a Class 1 vie at ^pcommission. B. Any person who violates any B. Any person who violates provision of this Chapter is any provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is a Any violation of this section is Class I violation. a Class I violation. 10.68 Public Parks 10.68.200 SECTION 10.68.200 SECTION 10.68.200 Animals Animals Animals Ordinance - Exhibit A Page 20 of 53 L II. III. IV. Code Provision Code Section Original with Changes Final Version E A riimals r-egu atio s are- G! E. Any person who violates W v e at ons Any person who any provision of this Chapter is violates any provision of this subject to Section 1.08.020 of Chapter is subject to Section the Ashland Municipal Code. 1.08.020 of the Ashland Any violation of this section is Municipal Code. Any violation a Class IV violation. of this section is a Class IV violation. 10.68 Public Parks 10.68.210 SECTION 10.68.210 SECTION 10.68.210 Vehicles Use Vehicles Use restricted Vehicles Use restricted restricted E Vehicles T se Festriete- E. Any person who violates regulations are GlassH! any provision of this Chapter is vielati Any person who subject to Section 1.08.020 of violates any provision of this the Ashland Municipal Code. Chapter is subject to Section Any violation of this section is 1.08.020 of the Ashland a Class III violation. Municipal Code. Any violation of this section is a Class III violation. 10.68 Public Parks 10.68.220 SECTION 10.68.220 SECTION 10.68.220 Emergency Emergency vacation Emergency vacation vacation A. In case of emergency, or in A. In case of emergency, or in any case where life and property any case where life and are endangered, all persons, if property are endangered, all requested to do so by the persons, if requested to do so superintendent or other park by the superintendent or other employee, shall depart from the park employee, shall depart portion of the grounds specified from the portion of the grounds by such officer or employee, and specified by such officer or shall remain off the same until employee, and shall remain off permission is given to return. the same until permission is Fail, to "bey a.B. lawful ofde f to given to return. evaettat o a„o to an oArner,,,~. ; J B. Any person who violates Class I elat any provision of this Chapter is B. Any person who violates any subject to Section 1.08.020 of provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class I violation. Any violation of this section is a Class I violation. 10.68 Public Parks 10.68.230 SECTION 10.68.230 SECTION 10.68.230 Ordinance - Exhibit A Page 21 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Sleeping Sleeping in prohibited area; Sleeping in prohibited area; Prohibited times times A. No person shall sleep any A. No person shall sleep any place within the boundaries of place within the boundaries of any park, including public roads, any park, including public between the hours of nine (9:00) roads, between the hours of p.m. and eight (8:00) a.m. nine (9:00) p.m. and eight Sleeping pfohibite 40-7-car-G- lass Al (8:00) a.m. iegin. B. Any person who violates B. Any person who violates any provision of this Chapter is any provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV violation. Class IV violation. 10.68 Public Parks 10.68.240 SECTION 10.68.240 SECTION 10.68.240 Comfort stations Comfort stations Comfort stations No male pefsor other- than a chi! A. No person shall enter or use with its other, or n pad.i a public comfort station of the empleyee in the disc afge-°f opposite biological sex except: Bch employee, S fegu ar duties, (1) An adult parent or guardian shall entef a public comp^~* accompanying a minor child statue marked "women," or loite ' under the age of twelve (12); about the entrance of stie , (2) To accompany a physically com feet stations Comfe handicapped or infirmed stations is a Class W v at ^n person reasonably needing A. No person shall enter or use physical assistance; a public comfort station of the (3) To render emergency opposite biological sex except: medical aid or assistance; (1) An adult parent or guardian (4) Persons who can accompanyinIZ a minor child reasonably identify a need to under the age of twelve (12); enter or use a public comfort (2) To accompany a physically station given their sexual handicapped or infirmed orientation, gender identity or person reasonably needing expression; or physical assistance; (5) City employees in the (3) To render emergency discharge of their regular medical aid or assistance; duties. (4) Persons who can reasonably B. Any person who violates identify a need to enter or use a any provision of this Chapter is public comfort station given subject to Section 1.08.020 of their sexual orientation, gender the Ashland Municipal Code. identity or expression; or Any violation of this section is a Class IV violation. Ordinance - Exhibit A Page 22 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version (5) City employees in the discharlze of their regular duties. B. Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class IV violation. 10.68 Public Parks 10.68.250 SECTION 10.68.250 SECTION 10.68.250 "No admittance" "No admittance" or "No admittance" or "Reserved" or "Reserved" "Reserved" sign Compliance sign Compliance sign A. No person shall enter any A. No person shall enter any Compliance building, enclosure, or place building, enclosure, or place within any of the parks upon within any of the parks upon which the words "No which the words "No Admittance" or "Reserved" shall Admittance" or "Reserved" be displayed or posted by sign, shall be displayed or posted by placard, or otherwise, without the sign, placard, or otherwise, consent of the lj"F ,..--D. ent Of without the consent of the otheeffitEef of the ar-ks. appropriate City official. V do of no as ittan%. a B. Any person who violates Class 1 violation; viela io any provision of this Chapter is fese fye -l is n Class 11 yielntio subject to Section 1.08.020 of appropriate City official. the Ashland Municipal Code. B. Any person who violates any Any violation of "no provision of this Chapter is admittance" signage is a Class subject to Section 1.08.020 of I violation; violation of the Ashland Municipal Code. "reserved" signage is a Class II Any violation of "no violation. admittance" signage is a Class I violation; violation of "reserved" signage is a Class II violation. 10.68 Public Parks 10.68.260 SECTION 10.68.260 SECTION 10.68.260 Swings Swings Hammocks Swings Hammocks Hammocks A. No swings or hammocks shall A. No swings or hammocks be hung or swung in any of the shall be hung or swung in any parks, except on the posts erected of the parks, except on the for the purpose. Swings - posts erected for the purpose. Hammocks a Glass Al B. Any person who violates viel any provision of this Chapter is B. Any person who violates subject to Section 1.08.020 of any provision of this Chapter is the Ashland Municipal Code. Ordinance - Exhibit A Page 23 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version subject to Section 1.08.020 of Any violation of this section is the Ashland Municipal Code. a Class IV violation. Any violation of this section is a Class IV violation. 10.68 Public Parks 10.68.270 SECTION 10.68.270 SECTION 10.68.270 Fires Fires Fires A. No person shall build any fire A. No person shall build any at any place within the limits of fire at any place within the any park except by an employee limits of any park except by an of the park commission or in an employee of the park area designated by the park commission or in an area commission for picnic fires. Fifes designated by the park o tside designated aie-as-is-a commission for picnic fires. Class TT vielation. When ro B. Any person who violates any provision of this Chapter is i s n Class 1 vi el ti o subject to Section 1.08.020 of B. Any person who violates any the Ashland Municipal Code. provision of this Chapter is 1. Any violation of this section subject to Section 1.08.020 of occurring outside designated the Ashland Municipal Code. areas is a Class II violation. 1. Any violation of this section 2. Any violation of this section occurring outside designated occurring when Fire areas is a Class II violation. Restrictions are in place is a 2. Any violation of this section Class I violation. occurrin14 when Fire Restrictions are in place is a Class I violation. 10.68 Public Parks 10.68.280 cECTMN 1 0.68.280 SECTION 10.68.280 Permit nom- inspee Permit - Inspection Any pef son b te have [Repealed] [See 10.68.290 below.] shall produce and exhibit suc4 ~I pefmit upon fecluest of any authorized pe fse w he may desiTS1reto inspeet the same. Q~i ~C~72TJ~7Cri L- `pie nti& 10.68 Public Parks 10.68.290 SECTION 10.68.290 SECTION 10.68.290 Permit Permit Conditions and Permit Conditions and Conditions Inspection Inspection A. All permits issued by the park A. All permits issued by the commission shall be subject to park commission shall be the city ordinances and the subject to the city ordinances persons to whom such permits and the persons to whom such Ordinance - Exhibit A Page 24 of 53 L II. III. IV. Code Provision Code Section Original with Changes Final Version are issued shall be bound by said permits are issued shall be rules, regulations, and ordinances bound by said rules, as fully as though the same were regulations, and ordinances as inserted in such permits, and any fully as though the same were person or persons to whom such inserted in such permits, and permits shall be issued shall be any person or persons to whom liable for any loss, damage, or such permits shall be issued injury sustained by any person shall be liable for any loss, whatever by reason of the damage, or injury sustained by negligence of the person or any person whatever by reason persons to whom such permits of the negligence of the person shall be issued, as well as for any or persons to whom such breach of such rules, regulations, permits shall be issued, as well and ordinances, to the person or as for any breach of such rules, persons so suffering damages or regulations, and ordinances, to injury. When not otherwise the person or persons so specified in the Code, violation of suffering damages or injury. permit-conditions is a Class II B. Any person claiming to violation. have a permit from the park B. Any person claiming to have commission shall produce and a permit from the park exhibit such permit upon commission shall produce and request of any authorized exhibit such permit upon person who may desire to request of any authorized inspect the same. person who may desire to C. Any person who violates inspect the same. any provision of this Chapter is C. Any person who violates subject to Section 1.08.020 of any provision of this Chapter is the Ashland Municipal Code. subject to Section 1.08.020 of 1. Any violation of subsection the Ashland Municipal Code A in this section is a Class II 1. Any violation of subsection A violation. in this section is a Class II 2. Any violation of subsection violation. B in this section is a Class IV 2. Any violation of subsection B violation. in this section is a Class IV violation. 10.68 Public Parks 10.68.300 SECTION 10.68.300 SECTION 10.68.300 Barriers Barriers Compliance Barriers Compliance Compliance A. No person shall ride, drive, or A. No person shall ride, drive, walk on such parts or portions of or walk on such parts or the parks or pavements as may be portions of the parks or closed to public travel or interfere pavements as may be closed to with barriers erected against the public travel or interfere with Ordinance - Exhibit A Page 25 of 53 I. 11. III. IV. Code Provision Code Section Original with Changes Final Version public. a riers Cor,,p';aIW, barriers erected against the Class H! yiolati~Yt. public. B. Any person who violates any B. Any person who violates provision of this Chapter is any provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is a Any violation of this section is Class III violation. a Class III violation. 10.68 Public Parks 10.68.310 SECTION 10.68.310 SECTION 10.68.310 Park officers Interference with Park officers Interference with Park officers Obedience Obedienee required A. No person shall refuse a required A. No person shall refuse a request to obey any reasonable request to obey any reasonable direction of law enforcement, direction of law enforcement, park officers or employees. the-park officers or employees. B. Any person who violates Failure to com ly a Class rrr any provision of this Chapter is viela4i subject to Section 1.08.020 of B. Any person who violates any the Ashland Municipal Code. provision of this Chapter is Any violation of this section is subject to Section 1.08.020 of a Class III violation. the Ashland Municipal Code. Any violation of this section is a Class III violation. 10.68 Public Parks 10.68.320 10.68. 20 Park ^rfi^°r° 10.69.320 Park officers Park officers Nothing eentained hefe n shat [Repealed] event the perfof ° of any [See 10.68.3 10 above.] or °mploypes :,A, ieh has been du y a 4hor-iz°d ~he park, n~mmic.ci~rivi nl,nrg° 10.68 Public Parks 10.68.330 SECTION 10.68.330 SECTION 10.68.330 Camping Camping prohibited Camping prohibited prohibited A. No person shall camp within A. No person shall camp the park limits within the city of within the park limits within Ashland, or on the park side of the city of Ashland, or on the any street adjacent to the parks. park side of any street adjacent W„hibite Camping a Class W to the parks. viel B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV violation. Class IV violation. Ordinance - Exhibit A Page 26 of 53 L II. III. IV. Code Provision Code Section Original with Changes Final Version 10.68 Public Parks 10.68.350 SECTION 10.68.350 SECTION 10.68.350 Penalties Penalt Park Violation - Park Violation - Expulsion Expulsion Remedy Remedy A. Viola4ion. Any son who A. In addition to other violates any of the provisions o remedies provided for this ehaptef is guilty of violation of this Code, or of vielation and all be subJ eet to any of the laws of the State of the penalties set h in seetin Oregon, any peace officer, or 1.08.02-0-. park official or city code R Exel sign. In addition to other compliance officer may expel remedies provided for violation any person who violates any of this Code, or of any of the applicable provision of law in laws of the State of Oregon, any a city park from any or all city peace officer, or park official or parks for a period of 30 days city code compliance officer may for any violation or for a exclude expel any person who period not to exceed the violates any applicable provision maximum jail period for any of law in a city park from any or particular criminal offenses. If all city parks for a period of 30 the person to be expelled from days for any violation or for a any park has been expelled period not to exceed 120 da~,-s from a city park on two or the maximum Jail period for more occasions within two any particular criminal offenses. years before the date of the If the person to be °vn'~e present expulsion for criminal expelled from any park has been offenses, the expulsion shall be exel expelled from a city for a period not to exceed 180 park on two or more occasions days. Nothing in this Section within two years before the date shall be construed to authorize of the present exel u the expulsion of any person expulsion for criminal offenses, lawfully exercising free speech the exelusiefl. expulsion shall be rights or other rights protected for a period not to exceed 180 by the state or federal days. Nothing in this Section constitutions. shall be construed to authorize (1) No person shall the exel,is,^. expulsion of any knowingly enter or remain in person lawfully exercising free any park at any time in speech rights or other rights violation of a Park expulsion protected by the state or federal order as issued and served constitutions. upon the person in accordance engaged i sueh r -eteeted- to the provisions of subsection aetivity who commits nets th A of this section. afe not proteCted, but hnz violate B. Park Expulsion Process; appli`' s of law Appeal. Ordinance - Exhibit A Page 27 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version shat be Subject to exel si ~s (1) Written notice shall be pr-e v; de by this Section. given to any person expelled (1) F^r P,,fpeses of this Pee+;^ n from any city park(s). Such applicable r n of 1 notice shall specify the dates ;neludes any applicable pfov s;^ n and places of expulsion. It of this chate-er ^ any nit-XL shall be signed by the issuing erdinance,inel~ding sta party; warning of nfiffli a laws an veh to nodes, consequences for failure to Of ({11./Y rule, regulation, efde f ^r comply shall be prominently permit issuedby PafkS- displayed on the notice. Commission!, p~r~~c• Diron+^r Of (2) A person receiving such the eity eo nei ^n notice may appeal in recommendat;^,-, the par accordance with AMC 2.30 to CO-Li-Iffillsslefi~ of any have the written notice applieable federal oF sta+° 'tee rescinded or the period shortened. The appeal notice (2) C fiminal T-respaS . Seeti 11 shall specify the relief sought n 68 350B in addition to an and the reason for said relief. not in lief of an~7 other ^rdin nee (3) The Hearing Officer shall or- law. uphold the expulsion if, upon No person shall knowingly de novo review, the enter or remain in any park at any preponderance of the evidence time in violation of a Park convinces the Hearing Officer expulsion order as issued and that, more likely than not, the served upon the person in person in fact committed the accordance to the provisions of crime or violation, and that the subsection A of this section. expulsion is in accordance Er+or;ng a park in violation of a with law and otherwise excittsion efde f n^ns+;+„+os appropriate as to purpose and trespass in length of expulsion. deb eh is a '~~G C. Penalty. Any person who misdemeano violates any provision of this C-B. Exel sio Park Expulsion Chapter is subject to Section Process; Appeal 1.08.020 of the Ashland (1) Written notice shall be given Municipal Code. Any to any person exclude expelled violation of subsection B of from any city park(s). Such this Chapter is deemed a notice shall specify the dates and Criminal Trespass 11, a Class C places of exert sie expulsion. It misdemeanor. shall be signed by the issuing party; warning of consequences for failure to comply shall be prominently displayed on the notice. Ordinance - Exhibit A Page 28 of 53 L IL III. IV. Code Provision Code Section Original with Changes Final Version (2) A person receiving such notice may appeal in accordance with AMC 2.30 to have the written notice rescinded or the period shortened. The appeal notice shall specify the relief sought and the reason for said relief. (3) The Hearing Officer shall uphold the exeltisio expulsion if, upon de novo review, the preponderance of the evidence convinces the Hearing Officer that, more likely than not, the person in fact committed the crime or violation, and that the exelusi expulsion is ^thefwi se in accordance with law. appeal of the exelu si^n is timeli7 filed under T4G 12n The effeetiveness of the eyrefij en shall be stayed pending the o ut e ^rL77 appeal. WtTIi-e e el isi^n is affirmed the e elusio shat be effective immedintelc, ■ pon irsua.-We of the wfitleTPP1~~n d eeisi^„ and he sha1Z nom171me-nee and run for h-e specified number ^f days- therenfter and otherwise appropriate as to purpose and length of expulsion. C. Penalty. Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of subsection B of this Chapter is deemed a Criminal Trespass II, a Class C misdemeanor. 10.68 Public Parks 10.68.370 SECTION 10.68.370 SECTION 10.68.370 Parking Parking limitations Parking limitations limitations A. No person shall park or permit A. No person shall park or to remain parked any motor permit to remain parked any Ordinance - Exhibit A Page 29 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version vehicle which bears a motor motor vehicle which bears a home or camper license on any motor home or camper license street within, or on the park-side on any street within, or on the of any street adjacent to the parks park-side of any street adjacent of this city, between the hours of to the parks of this city, 2:00 A.M. and 6:00 A.M. it shall between the hours of 2:00 be r-ebtt 4a p fesidine For A.M. and 6:00 A.M. For purposes of this section, it is purposes of this section, it is prima facie evidence that any prima facie evidence that any vehicle found parked contrary to vehicle found parked contrary the provisions of this section was to the provisions of this section parked by the registered owner was parked by the registered thereof. Dnrk;rin n ]11141Pr ;r owner thereof. Glass R! vie at ^r B. Any B. Any person who violates person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class III violation. Class III violation. 10.68 Public Parks 10.68.380 SECTION 10.68.380 SECTION 10.68.380 Curfew Curfew Curfew A. Except for Police, Fife and A. Except for City officials or Park Dep i^4me t empley ACity their designees on official officials or their designees on business, no one shall be in official business= no one shall be Lithia Park between the hours in Lithia Park between the hours of 11:30 P.M. and 5:30 A.M. of 11:30 P.M. and 5:30 A.M. B. Any person who violates Curfew is a Cass W violation; any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. prohibits. ~eitw_atwiiqn "r tr under state law. Any violation of this section is B. Any person who violates a Class IV violation. any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class IV violation. 10.110 Fair 10.110.060 SECTION 10.110.060 SECTION 10.110.060 Housing Enforcement Enforcement and Enforcement and and Administration Administration Administration A. The provisions of this section A. The provisions of this are in addition to state and federal section are in addition to state law, nothing in this section and federal law, nothing in this Ordinance - Exhibit A Page 30 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version precludes complainants from section precludes complainants pursuing other remedies available from pursuing other remedies under any appropriate available under any government agency or under the appropriate government statutes and procedures agency or under the statutes established in ORS Chapter and procedures established in 659A. ORS Chapter 659A. B. ^ ny person elaiming to-4e Ved by an awfiil disefimin tefy net undar tl-A Provisions of thi )de shall 4ave a caus of nntior1 - - " nourt of eompete t iifisdietio f^r damages a d c.UC Othff r-emedie o l-i'leetio n as may be appfopr- C~i CZQIZ of fame ies and other pfee-eduf l issues r-elating to the inter-p! pfecee i t gs and private fights e actin shall be handled p fee ded f;^r i ORS 659 A.870. 659A.985 and 659A.990. The eouA may grant such relief as it deems L~ eluding bu not limited to seal, i-elie f icy provided in ORS 659A.895--. 11.22 Vehicle 11.22.030 SECTION 11.22.030 SECTION 11.22.030 Chains Required Penalty Penalty Penalty The offense described i this Any person who violates any ehapter-, lufe t0 e"-,.Ly 'hains, is provision of this Chapter is a Class C vielntio as that "lass is subject to Section 1.08.020 of defined under Ofego i law the Ashland Municipal Code. Subject to the Charter l;m;tnt;^r,, Violation of this section is a failtife to eafr-y chains shall~ Class III violation. If a Glass 1 violation as that "l""" is violation is deemed to have defined under Ofeger law if such interfered with emergency failure p services from responding to a service s from fespa ding to n call, the violation is a Class I eall. Any person who violates violation. any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. Violation of this section is a Class III violation. If a Ordinance - Exhibit A Page 31 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version violation is deemed to have interfered with emerl4ency services from responding to a call, the violation is a Class I violation. 11.40 Parades and 11.40.010 SECTION 11.40.010 SECTION 11.40.010 Processions Parade permit Parade permit required Parade permit required required A. No procession or parade, A. No procession or parade, except a funeral procession or except a funeral procession or military parade, shall occupy, military parade, shall occupy, march, or proceed along a street march, or proceed along a except in accordance with a street except in accordance permit issued by the Chief of with a permit issued by the Police and approved by the City Chief of Police and approved Administrator. The permit may by the City Administrator. The be granted where it is found that permit may be granted where it such parade is not to be held for is found that such parade is not any unlawful purpose and will to be held for any unlawful not in any manner tend to a purpose and will not in any breach of the peace, unreasonably manner tend to a breach of the interfere with the peace and quiet peace, unreasonably interfere of the inhabitants of the City, or with the peace and quiet of the cause damage to or unreasonably inhabitants of the City, or interfere with the public use of cause damage to or the streets. Parade psi unreasonably interfere with the roniira~ is a Gla V vigil *;public use of the streets. B. Any person who violates any B. Any person who violates provision of this Chapter is any provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this chapter Any violation of this chapter AMC 11.40 is a Class IV AMC 11.40 is a Class IV violation. violation. 11.40 Parades and 11.40.030 SECTION 11.40.030 SECTION 11.40.030 Processions Drivers in Drivers in Drivers in procession A _n possession procession Each driver in a funeral or Each driver in a funeral or other other procession shall drive as procession shall drive as near to near to the right edge of the the right edge of the street as street as practical and shall practical and shall follow the follow the vehicle ahead as vehicle ahead as closely as is closely as is practical and safe. practical and safe. 11.40 Parades and 11.40.040 SECTION 11.40.040 SECTION 11.40.040 Processions Driving through procession Driving through procession Ordinance - Exhibit A Page 32 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Driving through No driver of a vehicle other than No driver of a vehicle other procession an authorized emergency vehicle than an authorized emergency shall drive between the vehicles vehicle shall drive between the comprising a funeral or other vehicles comprising a funeral authorized procession while in or other authorized procession motion except where traffic is while in motion except where controlled by traffic control traffic is controlled by traffic signals or when otherwise control signals or when directed by a police officer. otherwise directed by a police Driving +~,,,,,,n~, ,,fi Is a officer. zvil u Cass T`j vie n+;& 11.40 Parades and 11.40.050 SECTION 11.40.050 SECTION 11.40.050 Processions Penal Penal Penalty Any person who violates any Any person who violates any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Violation of any section of this Violation of any section of this chapter AMC 11.40 is a Class chapter AMC 11.40 is a Class IV violation. IV violation. 11.44 Pedestrians 11.44.005 SECTION 11.44.005 SECTION 11.44.005 Use of Use of Use of sidewalks sidewalks sidewalks Pedestrians shall not use a Pedestrians shall not use a roadway for travel when abutting roadway for travel when sidewalks are available fns doing abutting sidewalks are so Use of sid°«,alks is a Class Al available. viol &n 11.44 Pedestrians 11.44.010 SECTION 11.44.010 SECTION 11.44.010 Illegal Illegal cancellation of a Traffic Illegal cancellation of a Traffic cancellation of a Citation Citation Traffic Citation No person shall cancel or solicit No person shall cancel or the cancellation of a traffic solicit the cancellation of a citation without the approval of traffic citation without the the municipal judge. illegal approval of the municipal eancellation of n +r f fie eitation is judge. n Gass 1 vielatio 11.44 Pedestrians 11.44.020 SECTION 11.44.020 SECTION 11.44.020 Crossing at right Crossing at right angles Crossing at right angles angles No pedestrian shall cross a street No pedestrian shall cross a at any place other than by a route street at any place other than at right angles to the curb or by by a route at right angles to the the shortest route to the opposite curb or by the shortest route to curb except in a marked the opposite curb except in a marked crosswalk. Ordinance - Exhibit A Page 33 of 53 L IL III. IV. Code Provision Code Section Original with Changes Final Version crosswalk. Glossing at fight, angles is a Glass W vii. 11.44 Pedestrians 11.44.030 SECTION 11.44.030 SECTION 11.44.030 Crosswalk Use Crosswalk Use required Crosswalk Use required required In blocks with marked In blocks with marked crosswalks, no pedestrian shall crosswalks, no pedestrian shall cross a street other than within a cross a street other than within crosswalk. Gr lk-use a crosswalk. --w--d- is n Glass -W yiolati&n 11.44 Pedestrians 11.44.040 SECTION 11.44.040 SECTION 11.44.040 Penal Penal Penalty Any person who violates any Any person who violates any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Except for 11.44.010, which is a Except for 11.44.010, which is Class I violation; violation of a Class I violation; violation of any other section of chapter any other section of chapter AMC 11.44 is a Class IV AMC 11.44 is a Class IV violation. violation. 11.52 Bicycles 11.52.030 SECTION 11.52.030 SECTION 11.52.030 Regulations Regulations Regulations A. Riding on sidewalks in the C- A. Riding on sidewalks in the 1-D District. No person shall ride C- I -D District. No person shall or operate a bicycle on a sidewalk ride or operate a bicycle on a in the district or commercial sidewalk in the district or zone. Riding on si,a°., alks in the commercial zone. G I P Distri` t a Cass I-V B. Racing. No person shall vielati-en. engage in, or cause others to B. Racing. No person shall engage in, a bicycle race upon engage in, or cause others to the streets or any other public engage in, a bicycle race upon the property of this City without streets or any other public permission of the City property of this City without Administrator. Major races permission of the City involving closure or Administrator. Maj or races restructuring of city streets involving closure or restructuring must be permitted pursuant to of city streets must be permitted AMC 11.12.050. pursuant to AMC 11.12.050. C. Method of Riding. A person Racing is a ClassW violatie shall not ride a bicycle other C. Method of Riding. A person than with their feet on the shall not ride a bicycle other than pedals and facing the front of with their feet on the pedals and the bicycle. No bicycle shall facing the front of the bicycle. No carry more persons at one time Ordinance - Exhibit A Page 34 of 53 I. II. M. IV. Code Provision Code Section Original with Changes Final Version bicycle shall carry more persons than the number for which it is at one time than the number for equipped. which it is equipped. " ethed of D. Carrying Articles. No fidi g a Glass IV violation. person operating a bicycle D. Carrying Articles. No person shall carry any packages, operating a bicycle shall carry bundles, or articles which any packages, bundles, or articles prevent the rider from keeping which prevent the rider from at least one (1) hand upon the keeping at least one (1) hand handlebars and in full control upon the handlebars and in full of said bicycle. control of said bicycle. Gaf g E. Traffic Regulations. The use articles is a G'as t o at ^r of a bicycle in the City shall be E. Traffic Regulations. The use subject to all of the provisions of a bicycle in the City shall be or laws of the State and the subject to all of the provisions or laws of the City, including laws of the State and the laws of those applicable to the drivers the City, including those of motor vehicles, except as to applicable to the drivers of motor the latter, those provisions that vehicles, except as to the latter, by their very nature have no those provisions that by their application. very nature have no application. F. Speed on Bicycle Routes. F. Speed on Bicycle Routes. No No bicycle shall be ridden on a bicycle shall be ridden on a bicycle route at a speed greater bicycle route at a speed greater than reasonable and prudent than reasonable and prudent for for the circumstances when the circumstances when approaching a pedestrian. approaching a pedestrian. Spee d G. Riding Abreast. No person on bieye'e tes is a Class W shall ride a bicycle upon any ^atien-. street, highway, bicycle route G. Riding Abreast. No person or lane in the City abreast, or shall ride a bicycle upon any side-by-side of any other street, highway, bicycle route or person so riding or propelling a lane in the City abreast, or side- bicycle when it interferes or by-side of any other person so impedes the normal and riding or propelling a bicycle reasonable movement of traffic when it interferes or impedes the or pedestrians. normal and reasonable movement H. Hitching on Vehicles. No of traffic or pedestrians. Ridin person, while riding a bicycle abreast is a Class IV v;elat o shall in any way attaches H. Hitching on Vehicles. No themselves or the bicycle to person, while riding a bicycle any other moving vehicle. shall in any way attaches I. Bicycle Parking. No person themselves or the bicycle to any shall park a bicycle upon a street, other than in the Ordinance - Exhibit A Page 35 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version other moving vehicle. Hitching roadway and against the curb, o veh e es is n Glass 11 v; e at o or against a lamppost 1. Bicycle Parking. No person designated for bicycle parking, shall park a bicycle upon a street, or in a rack provided for the other than in the roadway and purpose of supporting bicycles, against the curb, or against a or on the curb in a manner so lamppost designated for bicycle as to afford the least parking, or in a rack provided for obstruction to pedestrian the purpose of supporting traffic. bicycles, or on the curb in a J. Any person who violates any manner so as to afford the least provision of this Chapter is obstruction to pedestrian traffic. subject to Section 1.08.020 of Bieyc'e par-king 1s a Glass 1V the Ashland Municipal Code. y ^ r Any violation of this section is J. Any person who violates any a Class IV violation, except for provision of this Chapter is H, which is a Class 11 subject to Section 1.08.020 of violation. the Ashland Municipal Code. K. Bicycle Impoundment. In Any violation of this section is a addition to any other penalty, Class IV violation, except for the court may order H, which is a Class II violation. impoundment of a bicycle used K. Bicycle Impoundment. In in an offense committed under addition to any other penalty, the this chapter until such time as court may order impoundment of may appear just and a bicycle used in an offense reasonable. committed under this chapter until such time as may appear just and reasonable. 11.52 Bicycles 11.52.050 SECTION 11.52.050 SECTION 11.52.050 Responsibility Responsibility of Parent or Responsibility of Parent or of Parent or Guardian Guardian Guardian A. The parent or guardian of any A. The parent or guardian of child shall not authorize or any child shall not authorize or knowingly permit any child to knowingly permit any child to violate any of the provisions of violate any of the provisions of this Chapter. Violation of this this Chapter. seetio" a Class rTT vigil do B. Any person who violates 1. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class III violation. Class III violation. 11.52 Bicycles 11.52.060 SECTION 11.52.060 SECTION 11.52.060 Ordinance - Exhibit A Page 36 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Failure to Failure to Report Accidents Failure to Report Accidents Report A. The operator of any bicycle A. The operator of any bicycle Accidents involved in an accident resulting involved in an accident in injury, death, or damage to resulting in injury, death, or personal property shall within damage to personal property seventy-two (72) hours file a shall within seventy-two (72) written report of such accident hours file a written report of with the Police Department. such accident with the Police F aillife to repert-ac-e dents is a Department. Class 11 vigil do B. Any person who violates B. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class II violation. Class II violation. 11.52 Bicycles 11.52.070 SECTION 11.52.070 SECTION 11.52.070 Bicycle License Bicycle License Required Bicycle License Required Required A. No persons shall operate a A. No persons shall operate a bicycle upon the streets, lanes or bicycle upon the streets, lanes routes of the City unless such or routes of the City unless bicycle has been licensed as such bicycle has been licensed provided for in this Chapter. as provided for in this Chapter. B. A non-resident who has B. A non-resident who has complied with the bicycle complied with the bicycle registration provisions of the city registration provisions of the or county in which they are a city or county in which they resident may operate a bicycle are a resident may operate a without having first acquired an bicycle without having first Ashland bicycle license. Bicycle acquired an Ashland bicycle liee use feq life is nGlaJs IV license. vii C. Any person who violates C. Any person who violates any any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. Any violation of this section is Any violation of this section is a a Class IV Violation. Class II Violation. D. In addition to any other D. In addition to any other penalty, the court may order penalty, the court may order impoundment of a bicycle used impoundment of a bicycle used in in an offense until such time as an offense until such time as may may appear just and appear just and reasonable. reasonable. Ordinance - Exhibit A Page 37 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version 13.02 Public 13.02.040 SECTION 13.02.040 SECTION 13.02.040 Rights of Way Permissions Per-missions Required Right-of- Right-of-Way Encroachment Required Way Encroachment A. Prohibition. Except as A. Prohibition. Except as provided in AMC 13.02.040.C, provided in AMC 13.02.040.C, no person or entity may no person or entity may occupy occupy or encroach on a public or encroach on a public right-of- right-of-way without the way without the permission of permission of the city. The city the city. The city grants grants permission to use public permission to use public rights- rights-of-way, by franchises, of-way, by franchises, licenses, licenses, concessions and concessions and permits. permits. B. Standard forms. Franchises, B. Standard forms. Franchises, licenses, concessions and permits licenses, concessions and for use of public rights-of-way, permits for use of public shall comply with all applicable rights-of-way, shall comply requirements for occupancy or with all applicable encroachment of such areas as set requirements for occupancy or forth in Chapter 13.03 and other encroachment of such areas as applicable provisions of the set forth in Chapter 13.03 and Ashland Municipal Code. other applicable provisions of Franchises, licenses concessions the Ashland Municipal Code. and permits shall be submitted on Franchises, licenses a City standard form franchise, concessions and permits shall license, concession, or permit be submitted on a City template, together with required standard form franchise, fees, if any. Such standard form license, concession, or permit templates and fees may be template, together with adopted and amended by the City required fees, if any. Such Council by Resolution. standard form templates and C. City Functional Items. The fees may be adopted and City of Ashland is not required to amended by the City Council obtain permits or other City by Resolution. authorizations to place City C. City Functional Items. The utilities, facilities or other City of Ashland is not required structures, in the right-of -way, to obtain permits or other City including "functional items" authorizations to place City intended for public usage. City utilities, facilities or other functional items include, but are structures, in the right-of -way, not limited to, a City standard including "functional items" bench, water fountain, planter intended for public usage. City box, garbage receptacle, ash can, functional items include, but bike rack, bollard, publication are not limited to, a City box, or other functional items standard bench, water fountain, Ordinance - Exhibit A Page 38 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version identified by Resolution of the planter box, garbage City Council. The City Council receptacle, ash can, bike rack, Resolution shall identify bollard, publication box, or functional items and establish other functional items minimum standards for such identified by Resolution of the items. City Council. The City Council D. Donated or Loaned Functional Resolution shall identify Items. An abutting property functional items and establish owner together with. the occupant minimum standards for such may donate or loan to the City of items. Ashland a City standard D. Donated or Loaned functional item for use in an Functional Items. An abutting adjacent sidewalk permit area. property owner together with Other persons or entities may the occupant may donate or also donate or loan functional loan to the City of Ashland a items, for use in non-adjacent City standard functional item public areas. Items accepted on for use in an adjacent sidewalk loan require insurance and a permit area. Other persons or maintenance / hold harmless / entities may also donate or indemnity agreement in the loan functional items, for use standard approved form. Donated in non-adjacent public areas. items do not require insurance or Items accepted on loan require a maintenance agreement but the insurance and a maintenance / donations must be accepted by hold harmless / indemnity the City to be eligible for agreement in the standard placement. The City approved form. Donated items Administrator is delegated do not require insurance or a authority to accept or reject maintenance agreement but the donations and loans for purposes donations must be accepted by of this Chapter, in the the City to be eligible for Administrator's sole discretion. placement. The City After demonstrated compliance Administrator is delegated with this section, the City Public authority to accept or reject Works Director may authorize in donations and loans for writing the placement of a purposes of this Chapter, in the donated or loaned city standard Administrator's sole functional item, in locations discretion. After demonstrated meeting, at a minimum, the six compliance with this section, foot or eight foot clearance the City Public Works Director requirement of AMC 10.64.0 10 may authorize in writing the or in approved locations shown placement of a donated or on an adopted Downtown loaned city standard functional Sidewalk Usage Map. Items not item, in locations meeting, at a strictly complying with minimum minimum, the six foot or eight Ordinance - Exhibit A Page 39 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version standards for such City functional foot clearance requirement of items, (e.g. - a decorative art AMC 10.64.010 or in bench) may be permitted through approved locations shown on the public art process in AMC an adopted Downtown Chapter 2.17. Sidewalk Usage Map. Items penalty Know ngll , oee py-L not strictly complying with or en^r^nnhing ,,,-.e r.,,minimum standards for such right ay without the City functional items, (e.g. - a Fefmission of the Gity shat be decorative art bench) may be onsi eNPd a Class G. permitted through the public mis offense, st o-Ject to art process in AMC Chapter limitations of n N4G 1.0472-. 2.17. Violationof any n0-de; license V.. sion ther f, i neit ding any term standaf - e q J. consider las vielatio punishable as pfevided in AN4C T.II . 13.02 Public 13.02.080 SECTION 1 3.02.080 13.02.200 SECTION 13.02.200 Rights of Way Appeals Appeals Appeals The Uniform Administrative The Uniform Administrative Appeals Process outlined in Appeals Process outlined in AMC 2.30 shall apply to all AMC 2.30 shall apply to all protests of encroachment permits. protests of encroachment Failure to strictly comply with permits. Failure to strictly the applicable appeal comply with the applicable requirements, including but not appeal requirements, including limited to the required elements but not limited to the required for the written notice of appeal, elements for the written notice time for filing of the notice of of appeal, time for filing of the appeal, and payment of the notice of appeal, and payment applicable appeal fee, shall of the applicable appeal fee, constitute jurisdictional defects shall constitute jurisdictional resulting in the summary defects resulting in the dismissal of the appeal. The summary dismissal of the Hearing Officer's decision is appeal. The Hearing Officer's final and not appealable by any decision is final and not party through any land use appealable by any party process. The Hearing Officer's through any land use process. decision may only be appealed The Hearing Officer's decision through a writ of review may only be appealed through Ordinance - Exhibit A Page 40 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version proceeding in Jackson County a writ of review proceeding in Circuit Court. Jackson County Circuit Court. 13.02 Public 13.02.120 13.02.120 Enforeemen 1 3.02.120 Enforeeme Rights of Way Enforcement Z installa4ion or mnintena ee of [Repealed] a ener-oaehmen vigil do 4 [See 13.02.900 below.] AMC 1 2 02 n 1 n „r fail„re to obtain an enefoaehmen4 e H P` AN4ti-T .02.010 ° to eemply with t +erm conditions of an enereachmen rorm + issued thefe hider icy J hereby deelafed n eiyil inffaetie z suuii to AMC Chapter 1.09. R installation or maintenance of an enefeaehment in violation o AMC 1 Z.02, or a etle fe eb+ en T17YI~J permit issued pttfsuant to ^ Nor zvi~ 1 3.02.020 hereby `1eelafed to be e n pub i e n i sanee as defined U by n N4G (chapter 9 .09, which may be abated puf sttant to AN4G Chapter- 1.09. 13.02 Public 13.02.900 SECTION 13.02.900 SECTION 13.02.900 Rights of Way Penalties Penalties. Penalties. Any person who violates any Any person who violates any provision of this Chapter is provision of this Chapter is subject to Section 1.08.020 of subject to Section 1.08.020 of the Ashland Municipal Code. the Ashland Municipal Code. In addition to other legal and In addition to other legal and equitable remedies available to equitable remedies available to the City of Ashland: the City of Ashland: A. Unless otherwise provided A. Unless otherwise provided herein, violation of any section herein, violation of any section of this chapter AMC 13.02 is a of this chapter AMC 13.02 is a Class II violation. Class II violation. B. A knowing violation of B. A knowing violation of 13.02.040 is punishable of not 13.02.040 is punishable of not more than 30 days jail and/or more than 30 days jail and/or S500 fine. $500 fine. 13.03 Sidewalk 13.03.110 SECTION 13.03.110 SECTION 13.03.110 Cafe, Special Sidewalk Cafe, Sidewalk Cafe, Special Event Sidewalk Cafe, Special Event Event and Special Event and Publication Boxes Penalties and Publication Boxes Ordinance - Exhibit A Page 41 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Publication Box and Publication A. u,1o« irg'y oeeiit3yiffig -r A. No person shall occupy or Regulation Box Penalties enefoae ini No person shall encroach upon a public right- occupy or encroach upon a of-way without the permission public right-of-way without the of the City. permission of the City. shall be B. Penalties. Any person who eonside fed n Class G violates any provision of this misdemeanof off-ense, subject to Chapter is subject to Section the limitations of n N4G 1 n~ 1.08.020 of the Ashland Any viol do 0-fMunicipal Code. reffie'trthis Chapter-,-H 1. Unless otherwise provided addressed in n above, shat be herein, violation of any section Class 1 violation as de fie ay of this chapter AMC 11.03 is a N4G nQ an r„rishable as Class I violation. f6i4 in that seeti 2. A knowing violation of or G T e Cites n d inisti!a4o - „r failure to comply with designee is atithofizedto isstle a 13.03.050 is punishable of not eitnti„r to any Pefsor viol ting more than 30 days jail and/or the rfovisions of this Chapter. $500 fine. isst ranee of eitntio shat tririgef revBea n of the permit o r agfeem ent under- Sectiofl 13.0 310 0 and in the even4 60fiyieti0fl nn Peer nit sha be issued to the same pe Or n`1`1F-eSS fi r n pefied of at least, two yeaf,,. B. Penalties. Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. 1. Unless otherwise provided herein, violation of any section of this chapter AMC 11.03 is a Class I violation. 2. A knowinIZ violation of or failure to comply with 13.03.050 is punishable of not more than 30 days jail and/or S500 fine. 13.04 13.04.090 SECTION 13.04.090 SECTION 13.04.090 Construction, Penalties Penalties Penalties Repair and A. Knowingly n'tefing a Any person who violates any sidewalk, (i,1,.lu ing eonstr""tio , provision of this Chapter is Ordinance - Exhibit A Page 42 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Alteration of feeonstr E+, r at: E)+her subject to Section 1.08.020 of Sidewalks alteration) wi+> out ° r,°rm;+ the Ashland Municipal Code. Z 1111 L issued y the Git i- -°-orlon°° In addition to other legal and with this Chapte f shall be equitable remedies available to eonsider-ed Glass (7 the City of Ashland, including misdemeanor- offense, bjeet to revocation of permits: the limitations ' rs of A 4G 1.~ ~ A. Unless otherwise provided B n violat o„ ^TfV41-11e; herein, violation of any section r°rriir°m°~+n of +>1;r chapter, TiQt of this chapter AMC 11.03 is a addressed i n a ° ineitt iRg Class I violation. violation the terw, s and B. A knowing violation of or een ifien y of n r,°rmitl or fa lure failure to comply with to maintain a sidewalk, be-a 13.04.040 is punishable of not Class !,violation as defined-by more than 3 0 days j ail and/or AMC 1.09 and punishable as set, $500 fine. f6i4h i that s°nAny person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. In addition to other legal and equitable remedies available to the City of Ashland, including revocation of permits: A. Unless otherwise provided herein, violation of any section of this chapter AMC 11.03 is a Class I violation. B. A knowing violation of or failure to comply with 13.04.040 is punishable of not more than 30 days jail and/or $500 fine. 13.12 Street 13.12.130 SECTION 13.12.130 SECTION 13.12.130 Excavations Penalties Penalties Penalties A. Knowingly exeavatin , Any person who violates any e~r1 ' breaking, digging up, or provision of this Chapter is subject to Section 1.08.020 of incl, ding „r,a°rm;nirn ^r the Ashland Municipal Code. tunneling „r e f a-publ;° s+r°°+ or In addition to other legal and alley without n r,e -ait iss ed b equitable remedies available to the city eeftd nee with this the City of Ashland, including this Chapter shall be cons der-e -a revocation of permits: Class G misdemeanor- o ffe- coo Ordinance - Exhibit A Page 43 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version s eet to-th limitations of n N4G A. Unless otherwise provided i.08. herein, violation of any section B n ry violation of the- of this chapter AMC 13.12 is a ro.V....ments of this " hapto,- no+ Class I violation. mess d it ^ above,, ificl din B. A knowing violation of or violation of he +en~ s a d failure to comply with co 7ditions of a pefm incl g 13.12.010 is punishable of not fame +s ro e «,0r>> site, more than 3 0 days jail and/or shall be n Class rr ;)latio as $500 fine. define by A N ~-i~-~T4( punishable as Q~~n~~~-~rtllllll uu111111..LL set fel4 _ in tli!1t uu~ lion. Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. In addition to other legal and equitable remedies available to the City of Ashland, including revocation of permits: A. Unless otherwise provided herein, violation of any section of this chapter AMC 13.12 is a Class I violation. B. A knowing violation of or failure to comply with 13.12.010 is punishable of not more than 30 days .jail and/or S500 fine. 14.04 Water 14.04.060 SECTION 14.04.060 SECTION 14.04.060E. System - Rates Water Water Connections Outside and Regulations Connections City the Limits Outside City . the Limits F- A vi olatio of any proviso * Chic ehaptef shat be punishable ns a Li Glass 1 Violation as set feft ~ LS as in ^ NKr 1.08. 14.04 Water 14.04.090 SECTION 14.04.090 SECTION 14.04.090 System - Rates Penalties Penalties Penalties and Regulations E. ^ v ^latio of any pfev sign o In addition to any other this nhn„+o,. S'~:4"be punishable remedies set forth in Ashland arcs r Violation as set fort Municipal Code, any person i n Nor' 09 who violates any provision of Ordinance - Exhibit A Page 44 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version In addition to any other this Chapter is subject to remedies set forth in Ashland Section 1.08.020 of the Municipal Code, any person Ashland Municipal Code. Any who violates any provision of violation of this section is a this Chapter is subject to Class II violation. Section 1.08.020 of the Ashland Municipal Code. Any violation of this section is a Class II violation. 14.05 Water 14.05.120 SECTION 14.05.120 SECTION 14.05.120 Regulation and Penalties Penalties Penalties Cross Connection n a, elatio of any pfeyisio e Any person who violates any this chaptef shall be punishable provision of this Chapter is as a Class 1 Violation as set foft subject to Section 1.08.020 of i n Nor 08 the Ashland Municipal Code. Any person who violates any In addition to other legal and provision of this Chapter is equitable remedies available to subject to Section 1.08.020 of the City of Ashland, including the Ashland Municipal Code. restriction or termination of In addition to other legal and service: equitable remedies available to A. Violation of any section of the City of Ashland, including this chapter AMC 14.05 is a restriction or termination of Class I violation. service: A. Violation of anv section of this chapter AMC 14.05 is a Class I violation. 14.06 Water 14.06.080 SECTION 14.06.080 Excess SECTION 14.06.080 Curtailment Excess water water consumption surcharge! Excess water consumption consumption flow restrictor installation surcharge; flow restrictor surcharge For any full billing period that installation begins after the City For any full billing period that Administrator's determination is begins after the City made and ratified as provided in Administrator's determination section 14.06.0060: is made and ratified as A. Any customer who exceeds provided in section 14.06.060: the maximum volumes A. Any customer who exceeds established in the Water the maximum volumes Allocation Table for Stages 1,2 or established in the Water 3 shall pay a surcharge of four Allocation Table for Stages 1,2 times the rate for water delivered or 3 shall pay a surcharge of in excess of the established four times the rate for water maximum volume. Ordinance - Exhibit A Page 45 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version B. During Stage 4, any customer delivered in excess of the who exceeds the maximum established maximum volume. volumes established in the Water B. During Stage 4, any Allocation Table shall pay a customer who exceeds the surcharge of ten times the rate for maximum volumes established water delivered in excess of the in the Water Allocation Table established maximum volume. shall pay a surcharge of ten C. Notwithstanding the above, times the rate for water at any time the City may install delivered in excess of the a flow restricting device upon a established maximum volume. service exceeding the maximum C. Notwithstanding the above, volume for more than one at any time the City may install billing period. For services up a flow restricting device upon to one and one-half inch size a service exceeding the the City may install a flow maximum volume for more restricting device of two gallon- than one billing period. For per-minute capacity, and for services up to one and one-half larger services, comparatively inch size the City may install a sized restricting devices for flow restricting device of two larger services, for a period of gallon-per-minute capacity, seven days. Before normal and for larger services, service will be restored, a flow comparatively sized restricting restrictor installation and devices for larger services, for removal charge of S100 shall be a period of seven days. Before paid by the person who normal service will be subscribes for the water restored, a flow restrictor service. Appeals are as installation and removal charge provided in section 14.06.060 of $100 shall be paid by the herein. person who subscribes for the water service. Appeals are as provided in section 14.06.060 herein. 14.06 Water 14.06.090 SECTION 14.06.090 Penalties SECTION 14.06.090 Curtailment Penalties and and Enforcement Penalties and Enforcement Enforcement The penalties fof violations of Any person who violates any t is chapter shall be ,,,,,-,-,ula4ive provision of this Chapter is in that they may be it addition to, subject to Section 1.08.020 of not in lieu Of Othef Pe fia ties the Ashland Municipal Code. reme ies or stir ha-ges In addition to other legal and established by this chapter- equitable remedies available to A A Torso shall not vielate ^r the City of Ashland, including pr-ee re aid or abet it the restriction or termination of vi atio of any „r^N,iSte- Of 4hi service: Ordinance - Exhibit A Page 46 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version chapter. A violation of any A. Violation of any section of this chapter AMC 14.06 is a Glass 4 Violation an is subjent Class II violation. toseefieft 1.09.020 of the Municip l Gede R if n eustomer exceeds the im volume fo -inef G thaTi one billing period, the Gity may install n f ow rectri ntinrt deviee at, the efv ee motor i rliiC redideeS `"VPLt er flow an pressur ,,.,.,,s up to oB and one half inch size the City mnr ~t~ll ~ j o:~: r restri eti ng deN,i ee of tllz~ gallon per mi n tle e .CpCiEitY, an for l nrner ser-Vices, eemp rntively Size res4rietirig devices f"r lafger Ser-Vices1 fi r n peftio of seT7Pn days. Before normal scfyiee will b1 ti1~-be Nest^red n flow restfi +ter installation an removal chafge of $ 100 shall be p i,-l by the e perso :~irh" `ubseribes fef +1l l-Tl V 1 w ter c erg ri ne GQe be terminate` to any oustemer [S ho ilYlllilTing y an U11U this chapter Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the Ashland Municipal Code. In addition to other lelzal and equitable remedies available to the City of Ashland, including restriction or termination of service: A. Violation of any section of this chapter AMC 14.06 is a Class II violation. 14.08 Sewer 14.08.050 SECTION 14.08.050 SECTION 14.08.050 System - Rates Penalties Penalties Penal Penalty Ordinance - Exhibit A Page 47 of 53 I. IL III. IV. Code Provision Code Section Original with Changes Final Version violating, Any pef son Any person who violates any of this ch,~apt°~~elud n failure provision of this Chapter is to Z cenneeet toC~T 1 available e-welf subject to Section 1.08.020 of system, is guilty of GlassT the Ashland Municipal Code. Violation if con vi rated and sal In addition to other legal and be subject to the penalties as set, equitable remedies available to f6i4 i coot;,,,-, 1.08.020. the City of Ashland, including Any person who violates any restriction or termination of provision of this Chapter is service: subject to Section 1.08.020 of A. Violation of any section of the Ashland Municipal Code. this chapter AMC 14.08 is a In addition to other legal and Class I violation. equitable remedies available to the City of Ashland, including restriction or termination of service: A. Violation of anv section of this chapter AMC 14.08 is a Class I violation. 14.09 Sewer 14.09.010 SECTION 14.09.010 SECTION 14.09.010 System Phosphate Ban Phosphate Ban Phosphate Ban Regulations , . , . E. Penalty. ^ ny efso violating E. Penalty. Any person who any of the isions of tviolates any provision of this chapter , Chapter is subject to Section gidi ty of a Class H! Violation an 1.08.020 of the Ashland uuu sal be subject to the penalties as Municipal Code. In addition coot fo th i seetio- ' .08 non. to other legal and equitable Any person who violates any remedies available to the City provision of this Chapter is of Ashland, including subject to Section 1.08.020 of restriction or termination of the Ashland Municipal Code. service: In addition to other legal and A. Violation of any section of equitable remedies available to this chapter AMC 14.09 is a the City of Ashland, including Class II violation. restriction or termination of service: A. Violation of any section of this chapter AMC 14.09 is a Class II violation. Ordinance - Exhibit A Page 48 of 53 L II. III. IV. Code Provision Code Section Original with Changes Final Version 14.12 Electric 14.12.095 SECTION 14.12.095 SECTION 14.12.095 Penalties System - Penalties Penalties Any person who violates any Regulations An or~„r +;rt.T r,roi„c„ortc+ provision of this Chapter is of this chap+or is guilty of n Class- subject to Section 1.08.020 of LlUJJ T vieln+;on if,,, nviete an shall the Ashland Municipal Code. be subject to the peii lties set In addition to other legal and feft' i Section 1.08.0-20. equitable remedies available to Any person who violates any the City of Ashland, including provision of this Chapter is restriction or termination of subject to Section 1.08.020 of service: the Ashland Municipal Code. A. Violation of any section of In addition to other lel4al and this chapter AMC 14.12 is a equitable remedies available to Class I violation. the City of Ashland, including restriction or termination of service: A. Violation of anv section of this chapter AMC 14.12 is a Class I violation. 15.06 Solid Fuel 15.06.030 SECTION 15.06.030 SECTION 15.06.030 Burning Device Enforcement Enforcement and Penalties Enforcement and Penalties Regulations and Penalties Any p n, fin~ or eofPO-fn+ion, In addition to those remedies Whet-hef as pflffll, ipal agent, otherwise provided under em o Or Othef-r~L ise' Violating Section 1.08.020 of the - Ashland Municipal Code, any the violation of any of the person who violates any provision of this Chapter is committed a infraction, subject to and is subject to Section 15.04.260 of the thereof-, is punishable ~ Ashland Municipal Code. describe in Son+t or 08 02n 1_ e he Ashland Municipal Gode. Stie~t r, f f G~T t~ ~ or nortpofatiort is guilty of c+ortnrno Violation for- eaeh an n nrt~~ ovory day dttrtrt [t _w~-tich Ull.~' 17 viol atio of this Title is committed or- contintie In addition to those remedies otherwise provided under Section 1.08.020 of the Ashland Ordinance - Exhibit A Page 49 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version Municipal Code, any person who violates any provision of this Chapter is subject to and is subject to Section 15.04.260 of the Ashland Municipal Code. 15.08 Moving of 15.08.100 SECTION 15.08.100 SECTION 15.08.100 Buildings Penalty Penalty Penalty Any r refusing or In addition to those remedies negleetin+^ n^fflttly :,x,ith- the otherwise provided under r 'r of +hi s chaptef, or Section 1.08.020 of the r~l~eni Y~~~ ~ violating any Ashland Municipal Code, any pfovisions therein, is guilty of a person who violates any of u ~lnc.c. TTT ~T;olnt;-irt and shall be Cla,H~~~~~ provision of this Chapter is subject to - the penalties set forsubject to and is subject to in secti - Section 15.04.260 of the i .09.0vzofth Ashland- Ashland Municipal Code. Municipal Code. Penalties nalties shah be Z ~-~~S~Sessed in nnn orrl e wit See+1io 15.04.260. In addition to those remedies otherwise provided under Section 1.08.020 of the Ashland Municipal Code, any person who violates any provision of this Chapter is subject to and is subject to Section 15.04.260 of the Ashland Municipal Code. 15.10 Flood 15.10.100 SECTION 15.10.100 Penalties SECTION 15. Damage Penalties Penalties Prevention teeth eip 1, agen , In addition to those remedies Regulationsemple,ee of ot i°erwise, violating otherwise provided under Egg the N, elation of any o Section 1.08.020 of the he pfovisions of this or,ainn i`e Ashland Municipal Code, any has r+ommitt°il an infrn ntiort an person who violates any upen eenvietion thereof-, is provision of this Chapter is punishable as pr-e-sefibed in subject n , nQ non of the nc~hlnni-1 ect to and is subject to „n;e;r,nl C,,,a° Stich ,-,°r„r Section 15.04.260 of the >\~rn 1 se* Ashland Municipal Code. f rm Or e0r-POrntt Ort is gt tt ltt' Of sep rate yioWion f+)f °nnh an u uliu °v°ry day during,, which any violation of this Chapter- is Ordinance - Exhibit A Page 50 of 53 I. II. III. IV. Code Provision Code Section Original with Changes Final Version eemrnitte or eo tinueiY by sue Per-son, addition, Or-di 7G nee- shall eenstittite-a Publie ffinrino and n--__"y feg rded as stie in al aetiop.- V11J, suits and pr-eeeedings. Said ntii'sanee may 'H-Tseeiite it the eouFts of the State of Or-ego In addition to those remedies otherwise provided under Section 1.08.020 of the Ashland Municipal Code, any person who violates any provision of this Chapter is subject to and is subject to Section 15.04.260 of the Ashland Municipal Code. 15.16 Plumbing 15.16.340 SECTION 15.16.340 SECTION 15.16.340 Code Penalty Penalty Penalty Any per-son fe fu i & or In addition to those remedies neglecting to comply with the otherwise provided under ro~»iromontc+ of this ehaptef or Section 1.08.020 of the viol ting any Ashland Municipal Code, any person who violates any eonvze ' n, as provision of this Chapter is pfesnri 6'e ii Section 1.0&.020 subject to and is subject to In addition to those remedies Section 15.04.260 of the otherwise provided under Ashland Municipal Code. Section 1.08.020 of the Ashland Municipal Code, any person who violates any provision of this Chapter is subject to and is subject to Section 15.04.260 of the Ashland Municipal Code. 15.20 Electrical 15.20.090 SECTION 15.20.090 SECTION 15.20.090 Code Violation Viola Penalty Penalty Penalty In addition to those remedies violating any of the pr-ovisio _s e otherwise provided under this eha:Mtor 4;4J bo dAAmpcl Section 1.08.020 of the Ashland Municipal Code, any off-efise an eae Stie Pe fSOn person who violates any shall be deemedguilty of provision of this Chapter is subject to and is subject to Ordinance - Exhibit A Page 51 of 53 1. II. III. IV. Code Provision Code Section Original with Changes Final Version c epafnte offense on each aPA Section 15.04.260 of the ul lu evefy day of pe-i-11 Ashland Municipal Code. hefeof dtif ng whic avid PiITI'GTl any Z vii n of any of the pro 1131~X" "-"p~C1 the pro V 1131v11J of this er-diflaflee 1S ~.E)mmittail ee tl flue ar pen~nitted and upon ZLJ LI t/I1 V1 any stte viel tie sueI ~1 JV pefso 11 shall be punished ncp fesnribe 'tt sectie 1.08.0207, an pen lties shall be assessed in accofdanee w4h Sect;.,,-, 15.04.260. In addition to those remedies otherwise provided under Section 1.08.020 of the Ashland Municipal Code, any person who violates any provision of this Chapter is subject to and is subject to Section 15.04.260 of the Ashland Municipal Code. 16.28 General 16.28.050 SECTION 16.28.050 SECTION 16.28.050 Penalties Provisions Penalties Penalties Any person who violates any Any pefso found guilty of provision of this Chapter is 1 ;ttilll~ng„ violating, ebeying, illl Ll. o'"''' subject to Section 1.08.020 of neglecting Of re fair g to eemp! the Ashland Municipal Code. rizgz--~~~~~t,., with any of the provisions of this ~ In addition to other legal and title shall be fined not less equitable remedies available to $500.00 fen each ~44;ense.-A the City of Ashland, including separate and distinet off~nse shall restriction or termination of be deemed c +t"d each day service: UVil u, on which a elation oeeufv. A. Violation of any section of ui Any person who violates any this chapter AMC 16.28 is a provision of this Chapter is Class I violation. subject to Section 1.08.020 of the Ashland Municipal Code. In addition to other legal and equitable remedies available to the City of Ashland, including restriction or termination of service: A. Violation of any section of this chapter AMC 16.28 is a Class I violation. Ordinance - Exhibit A Page 52 of 53 Ordinance - Exhibit A Page 53 of 53