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2017-0718 Regular Meeting Council Packet
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizenmay 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 July 18, 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 II. PLEDGE OF ALLEGIANCE Ill. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of June 19, 2017 2. Business Meeting of June 20, 2017 VI. SPECIAL PRESENTATIONS $ AWARDS 1. Annual presentation by the Forest Lands Commission 2. Presentation by the Ashland High School Representatives to Guanajuato VII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] VIII. CONSENT AGENDA 1. Approval of minutes of boards, commissions, and committees 2. Reappointment of Christopher Jean to the Tree Commission 3. Rogue bike share program 4. Agreement with Addictions Recovery Center for sobering services 5. Approval of a street painting permit 6. Sole source procurement with Dry Creek Landfill, Inc. 7. Approval of radio maintenance agreement with Day Wireless 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 Meeting June 19, 2017 Pagel of 3 ASHLAND CITY COUNCIL Monday, June.19, 2017 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Lemhouse, Morris, Slattery, Seffinger and Rosenthal were present. Councilor Darrow was absent. Mayor Stromberg reversed items 3 and 4. 1. Public Input Huelz Gutcheon- PO Box 754 Ashland- Spoke regarding carbon reductions. Needs to have an expert on the Commission. Emergency coordinator is needed. Larry Cooper- 259 B. St. Ashland - Spoke regarding Commissions. He spoke in support to open up the process for community forums. He suggested that the Commission structure be changed. Louise Shaukat - 870 Cambridge Ashland - Read a letter into the record in support of the CEAP. James McGinnis- 629 Altamont St. Ashland -Spoke regarding having 2 Commissions. One for Conservation and one for the CEAP. He spoke that he did an analysis and.there are 16 strategies for the Conservation Commission to work on. 2. Look Ahead review Interim City Administrator, John Karns reviewed items on the Look Ahead. Councilor Slattery suggested having an Indigenous Peoples Day and to discuss this before October V'. Councilor Lemhouse suggested moving Study Sessions to Council Meeting night. Mayor Stromberg spoke that there is an upcoming Study Session regarding Study Sessions. Councilor Rosenthal questioned the status of proposed Ordinances that came with CEAP. City Attorney, David Loman spoke that they are scheduled to go to Council July 17`l'. Councilor Slattery suggested getting Executive Recruitment Process on the agenda. Interim City It was explained that there would be a strategic planning session on this possibly with a facilitator. 3.. Presentation regarding a new model for Boards, Commissions, and Committees Administrative Analyst, Diana Shiplet gave a PowerPoint presentation (see attached). Council thanked Ms. Shiplet for her work. Councilor Lemhouse spoke in the importance of structure but would not support less citizen testimony. He also suggested to look at updating how Commission/Committee minutes are done. Councilor Morris spoke that he liked the limited Council testimony. City Council Study Session Meeting June 19, 2017 Page 2 of 3 Councilor Seffinger spoke that the structure should be changed. She stated that Commissions have become more focused on special interest advocates. Councilor Rosenthal suggested to discuss the existing issues with Commissions before changes are made. Councilor Slattery spoke that there is a lot of work to do first. He agreed with Councilor Lemhouse and would not support limited testimony. He spoke that he would like to address the current problems and suggested having a public forum on this topic. Mayor Stromberg spoke distinguishing the difference between advising and advocacy. He discussed the importance of teamwork. He suggested to create a process for removing people from Commissions/Committees. It was decided for Staff to have further discussion and to bring back a timeline on this topic to Council. 4. Creation of Climate and Energy Action Commission Assistant to the City Administrator, Adam Hanks gave a brief overview of the recommended one year CEAP implementation plan. He spoke regarding maintaining a Conservation Commission with some changes so there there would be no overlapping with the CEAP Commission. He spoke that Mayor Stromberg discussed the format of creating a CEAP Commission. City Administrator, John Karns explained there are. many options for Council to decide. Councilor Lemhouse agreed with recommendation to keep the Commissions separate. He spoke regarding making changes to the Draft Ordinance. He spoke that he has an issue with the limiting factors in the Ordinance. He spoke to the importance of membership and is not in favor of having a member be outside City limits. Councilor Slattery spoke regarding the membership. He suggested that each Commission Chair be added as a member. He spoke that a lot needs to be considered on this topic before a decision can be made. Councilor Rosenthal spoke regarding the proposed membership language in the Draft Ordinance. He suggested adding language regarding age to get perspective from younger generations. He spoke that he would like to get this going as soon as possible. He suggested that one person outside City limits could be a member if qualified. Council discussed having ex-officio members on the Commission. Councilor Morris spoke that the powers and duties of Staff and the Commission as listed in the Ordinance were unclear. Councilor Seffinger suggested having members from the business community. Mayor Stromberg suggested looking for other Communities that have put together a similar Commission. He suggested having a 1-2 year Ad-Hoc Committee to work on the transition of the initial plan to the actual implementation process. The difference between Ad-Hoc Committee and a Commission was discussed. Council gave consensus to direct Staff to look at having an Ad-Hoc Committee to look at how to City Council Study Session Meeting June 19, 2017 Page 3 of 3 implement the plan. It was decided that this topic would be on the July 181 Business Meeting Agenda. Mayor Stromberg suggested for Council to give any further input to Mr. Hanks or Mr. Karns. ADJOURNMENT Meeting adjourned at 7:01 PM Respectfully submitted, Melissa Huhtala City Recorder Attest: Mayor Stromberg City Council Study Session Meeting June 19, 2017 Page 3 of 3 Council gave consensus to direct Staff to look at having an Ad-Hoc Committee to look at how to implement the plan. It was decided that this topic would be on the July 18' Business Meeting Agenda. Mayor Stromberg suggested for Council to give any further input to Mr. Hanks or Mr. Karns. ADJOURNMENT Meeting adjourned at 7:01 PM Respectfully submitted, /Ujll~ Melissa Huhtala City Recorder Attest: or Strom rg City Council Business Meeting June 20, 2017. Page 1 of 8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 20, 2017 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:02 PM PLEDGE OF ALLEGIANCE ROLL CALL Councilor Darrow, Councilor Lemhouse, Councilor Morris, Councilor Slattery, Councilor Seffinger and Councilor Rosenthal were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg introduced County Commissioner Bob Strosser. He also announced there are vacancies on the Airport, Historic, Housing and Human Services, Tree, and Wildfire Mitigation Commissions. APPROVAL OF MINUTES Councilor Seffinger moved to approve the Council Minutes from June 6, 2017. Councilor Rosenthal seconded. Discussion: None. All ayes. Motion passed unanimously. SPECIAL PRESENTATIONS & AWARDS None PUBLIC FORUM Huelz Gutcheon-2253 HWY 99-Ashland, OR- Spoke regarding wires and not enough electricity for buses etc. Would like clean renewable energy and solar panels everywhere. Louise Shawkut -870 Cambridge - Ashland, OR-Read a letter into the record regarding CEAP (see attached). Maya Davis -9667 Wagner Creek Rd -Talent, OR- Ms. Davis explained that she is a High School Senior and part of Rogue Climate. She spoke in support of a City Staff person for a CEAP position. She spoke to her reasons why the CEAP would need a full-time staff person. Randy Jones - 815 Alder Creek Dr. Medford, OR - Representing First Place`Partners spoke regarding the ELEA. He suggested to revisit the section on Pioneer and to get started on the project downtown. Councilor Lemhouse asked City Attorney, Dave Lohman the status of updating the ELEA map. Mr. Lohman answered that it is currently being worked on. CONSENT AGENDA LApproval of minutes of boards, commissions, and committees 2.Approval of a resolution titled, "A resolution adopting a supplemental budget for changes to the 2015/17 Biennial Budget" City Council Business Meeting June 20, 2017 Page 2 of 8 Finance Director, Mark Welch gave brief Staff report. He explained this is to stay in compliance with Oregon budget law to not over appropriate. He explained all other changes were just line item adjustments. Public Input: Meredith Overstreet - 840 Cambridge-Ashland, OR -Spoke regarding the supplemental budget and her concern of the cost to tax payers. She questioned where the interfund loan is coming from. Mr. Welch explained it is not a new loan it's a line item in the Health Benefit Fund. 4.Adoption of the City's self-insurance health plan for the plan year July 1, 2017 through June 30, 2018. Human Resources Director, Tina Gray gave a brief Staff report. Councilor Rosenthal pulled item #9 9.Contract with Pathway Enterprises to provide janitorial services Councilor Rosenthal questioned if there was a contract and how the City is assured high quality services. Public Works Superintendent, Mike Morrison spoke that there is an agreement with Pathways through the purchasing department. Councilor Rosenthal asked if there was a deadline to get this signed. Mr. Morrison explained it needs to be approved before July 1St. City Attorney, Dave Loman explained that the City has the right to not use Pathways but would have to deal with the State. Councilor Rosenthal suggested for next time to have the contract in the Council Packet. .Councilor Seffinger pulled item #11 11.Approval of a special procurement for City of Ashland forestry consulting services. Councilor Seffinger spoke in support of this item. 3.Award of two professional services contracts in excess of $75,000 for final design of pump stations. 5.Appointment of Tonya Graham to the Wildfire Mitigation Commission 6.Appointment of Kat Smith to the Transportation Commission 7.Oregon Department of Aviation Intergovernmental Agreement for Ashland Municipal Airport Pavement Maintenance Program 8.Liquor License Application for Corrie Robinson dba Hither Restaurant 10.Request for approval of a contract addendum for UB bulk mailing services Councilor Slattery moved to approve the consent agenda. Councilor Morris seconded. Discussion: None. All Ayes. Motion passed unanimously. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Public Hearing and conveyance of real property - YMCA Park Parks Director, Michael Black presented a PowerPoint to Council (see attached) giving a background of the YMCA Park. He spoke regarding the deed restrictions. The YMCA has a right of exclusive use. They give the City a letter stating that the public cannot use the facility. 1986 was when the agreement City Council Business Meeting June 20, 2017 Page 3 of 8 began. The YMCA had land but not the funds to improve it. The YMCA would provide programs while the City would do the maintenance. He explained that currently the City has a large recreation program and is looking at expanding their programs. Maintenance cost today $35-50 thousand dollars. He proposed to review the contract. Mr. Black spoke that the property was appraised and the fair market value is zero dollars. He explained the City has invested many structures in the Park which were appraised at $480,000. Mr. explained the right of transfer of real property. He spoke that YMCA agrees that the contract needs to be looked at. He suggested for Council to move that the City Council approve conveyance of the 6.56 acres of land which comprises the current YMCA Park to the Ashland YMCA for cash and other considerations listed in the staff report based upon the Council's determination that the public interest of the City would be furthered by such conveyance.; Councilor Darrow questioned if the conveyance will remove deed restrictions. YMCA will be able to if they choose. Public Input: Lisa Molnar - 155 Hillcrest St., Ashland, OR - Thanked the City and Parks Department for the long partnership. She spoke in excitement to have the Park become part of the YMCA campus' She explained that more than 1/3 of Ashland utilizes the YMCA. She spoke that with this change they will still be in a partnership with the City. Laurie Shaaf - 347 Orange Ave., Ashland,' OR - Spoke in appreciation of the partnership with the Parks Department. She.spoke that this will be a positive change. Jerry Taylor -1176 Highwood Dr., Ashland, OR - Spoke that the YMCA is such great place for the Community and spoke in favor of the change. Ron Roth-6950 Old 99 - Ashland, OR - Spoke that it is time to get a new structure. He spoke that there was only 5.days' public notice and before a decision is made the City should look at other options. He suggested 40-50 affordable housing units.on the lower field. Councilor Rosenthal asked how the property owner will maintain the 4.78 acres. Ms. Molnar answered that they will still need use of the fields and will be contracting with a company. Councilor Seffinger questioned the use of pesticides. Ms. Molnar explained that they will continue to move in the direction of not using them. She spoke that she would work with Mr. Black on this. Councilor Seffinger asked if no pesticide use can be written into the agreement. Mr. Lohman answered that it could be part of the agreement but would need to open up negotiations again. Councilor Morris questioned if the well came with the YMCA. Ms. Molnar explained the well did come with the YMCA in the 70's; the YMCA uses half while the other half is for the soccer fields. Councilor Rosenthal moved that the City Council approve conveyance of the 6.56 acres of land which comprises the current YMCA Park to the. Ashland YMCA for cash and other considerations listed in the staff report based upon the Council's determination that the public interest of the City would be furthered by such conveyance. Councilor Lemhouse seconded. Discussion: Councilor Rosenthal spoke in support to move forward with this. He explained that this is what is needed. He City Council Business Meeting June 20, 2017 Page 4 of 8 spoke that since both parties are satisfied it should be approved. Councilor Morris agreed with Councilor Rosenthal. Councilor Seffinger spoke that she will support the motion but hopes they will maintain a pesticide free park. Roll Call Vote: Councilor Darrow, Lemhouse, Morris, Slattery, Seffinger and Rosenthal: YES. Motion passed unanimously. Mayor Stromberg opened the Public Hearing at 8:14 PM Public Input: None. Mayor Stromberg closed the Public Hearing at 8:14 PM 2. Public Hearing and approval of resolutions titled, "A resolution certifying City of Ashland services" and "A resolution declaring the City's election to receive state revenues" and "A resolution to levy taxes for the fiscal year July 1, 2017 through June 30, 2018" and "A resolution to adopt the 2017-19 biennial budget and making appropriations" Mr. Welch gave a staff report. He went over the budget process. He explained that the Budget . Committee recommended a Permit-Liaison Ombudsman in Community Development, funding CEAP position and reinstate the loan forgiveness proposed between the reserve fund and health benefit fund. Also recommended to bring a future supplemental Budget to appropriate unknown local marijuana tax 'that would be dedicated to Housing Trust Fund. He explained how the positions would be funded. He explained that Council can make changes to the approved budget and property tax. If changes are made regarding the property; tax rate, there will need to be another meeting to notice the public. Mayor Stromberg opened the Public Hearing at 8:23 PM . Public Input: None. Mayor Stromberg closed the Public Hearing at 8:23 PM Councilor Lemhouse moved to approve a Resolution Levying Taxes for the Period of July 1, 2017 to and including June 30, 2018, Such Taxes in the Levy rate of $4.1972/$1000 Assessed Value Upon All the Real and Personal Property Subject to Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County, Oregon. Councilor Slattery seconded. Discussion: Councilor Lemhouse spoke to the importance that our tax rate needs, to stay where. it is at and shouldn't go against the Budget Committee. Councilor Slattery agreed with Councilor Lemhouse. He spoke that there was a motion during the Budget Committee Meeting to levy the tax rate and it failed. Councilor Darrow spoke in support in levying the tax rate to fund the police officers instead of raising utility rates and will not support the motion. She spoke that the 9 cents should be assessed to funding the Police Officers. Councilor Morris spoke that he will not support the motion. He spoke that the Marijuana Tax and other sources may be able to offset this funding issue. Councilor. Seffinger spoke in support of the motion. Roll Call Vote: Councilor. Lemhouse, Slattery and City Council Business Meeting June 20, 2017 Page 5 of 8 Seffinger: YES. Councilor Darrow, Morris and Rosenthal: NO. Tie breaking vote Mayor . Stromberg: NO. Motion Failed 3-4. Councilor Darrow moved to approve setting a Special Meeting on June 30th setting the property tax levy rate up to 4.2865. Councilor Morris seconded. Discussion: Councilor Darrow spoke of the importance for further discussion on this topic. Councilor Morris agreed. Councilor Lemhouse spoke against this motion. He explained it is not the right thing to do and it is going against the Budget Committee. He also spoke that-there is already enough burden on property tax owners and if would be easier to use the marijuana proceeds. Councilor Seffinger suggested seeing numbers of. what the increased utility and tax rates would be at the Special Meeting. Roll call vote: Councilor Rosenthal, Seffinger, Slattery and Morris: YES. Councilor Darrow and Lemhouse: NO. Motion passed 4-2. Councilor Rosenthal moved to adopt a Resolution certifying City of Ashland Services. Councilor Lemhouse seconded. Discussion: Councilor Rosenthal spoke for Council to support this motion. Councilor Lemhouse agreed with Councilor Rosenthal. Roll Call Vote: Councilor Darrow, Lemhouse, Morris, Slattery, Seffinger and Rosenthal: YES. Motion passed unanimously. Councilor Slattery moved to adopt a Resolution declaring the City's election to receive state revenues. Councilor Lemhouse seconded. Discussion: Councilor Slattery spoke for Council to support this motion. Roll Call Vote: Councilor Darrow, Lemhouse, Morris, Slattery, Seffinger and Rosenthal: YES. Motion passed unanimously. Councilor Lemhouse moved to approve a Resolution to adopt the 2017-19 Biennial Budget and making appropriations. Councilor Rosenthal seconded. Discussion: Councilor Lemhouse spoke in appreciation to Staff and the Budget Committee. He spoke that he would like to see the use of years in the interim years during the budget process. Councilor Rosenthal spoke of the importance of the process and in support of the motion. Councilor Slattery spoke in support of the motion. He also suggested utilizing the Budget Committee and hopes for a better process next time. Mr. Karns spoke that the new Finance Director did a great job. Councilor Darrow supported the motion and thanked members of Budget Committee. Mr. Welch spoke that Council would need to make separate motions for Staff recommended appropriations. Councilor Lemhouse withdrew his previous motion and moved it to approve a Resolution to adopt the 2017-19 Biennial Budget and making appropriations directed by Staff in the Council Communication. Councilor Rosenthal seconded. Mayor Stromberg.opened public hearing at 9:01 PM Public Input: None. Mayor Stromberg closed public hearing 9:01 PM Councilor Seffinger spoke in support of the motion. Roll Call Vote: Councilor Darrow, Lemhouse, Morris, Slattery, Seffinger and Rosenthal: YES. Motion passed unanimously. Council gave consensus to hold the Special Meeting on June 30th at 3:00 PM. City Council Business Meeting June 20, 2017 Page 6 of 8 . Councilor Slattery moved to extend the Public Hearings until 10:30 PM. Councilor Morris seconded. Discussion: None. All Ayes. Motion passed unanimously. 3. Public Hearing and approval of a resolution titled, "A resolution adopting a Miscellaneous Fees and Charges document and repealing prior fee Resolution 2016-04" Mr. Welch gave a staff report. Mayor Stromberg opened the Public Hearing at 9:10 PM Public Input None Mayor Stromberg closed the Public Hearing at 9:10 PM Councilor Darrow moved approval of Resolution adopting a miscellaneous fees and charges document and Repealing prior fee Resolution 2016-04. Councilor Lemhouse seconded. Discussion: . Councilor Darrow spoke in support of the Resolution. Roll call vote: Councilor Rosenthal, Seffinger, Slattery, Morris, Lemhouse and Darrow: YES. Motion passed unanimously. UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. East Nevada Street Extension project Public Works Director, Mike Faught gave a presented a PowerPoint to Council (see attached). Sue Newbery spoke to reasons why the Traffic Commission gave the proposed recommendation. Councilor Slattery questioned if the bridge hadn't been put on the plan would it be needed. Mr. Faught spoke that it would be a good option fora bike path and the importance for different forms of transportation. Councilor Lemhouse questioned emergency access for the bridge being used. Bridge size and emergency response time was discussed. Mr. Karns explained that with at 12 ft. bridge it would not improve response time. Council discussed the options. Public Input: Andrew Cubic -1251 Munson Dr., Ashland, OR- Spoke that he attended all the Transportation Commission meetings and he supported their vote regarding the bridge. He explained the importance of connecting a bridge to the Greenway. He recommended to have purpose and need statement for projects. City Council Business Meeting June 20, 2017 Page 7 of 8 Susan Hall- 210 East Nevada- Ashland, OR - Spoke with disappointment that this came up so late in the evening so some people could not stay to speak. She suggested to select the 2na proposed option. Susan Sullivan - 305 Stoneridge Avenue- Ashland, OR = Read a statement into the record urging Council to not go ahead with the new bridge (see attached). Spike Breon - 295 East Nevada-Ashland, OR- Spoke against option 2 in the proposal. Ted Hall - 210 East Nevada Ashland, OR -210 Professional Engineer- Handed out a picture to Council showing suggestions to bridge size (see attached). He suggested a 14 ft. bridge. Councilor Seffinger moved to reject a motorized vehicle bridge as proposed into the TPS project R17 East Nevada Street bridge as recommended by the Transportation Commission. Councilor Lemhouse seconded.. Discussion: Seffmger spoke that this seems premature Councilor Lemhouse spoke that it's clear that it is not the option we want to go with. He spoke that a 12-foot bridge would .be a better way to go. Councilor Morris spoke to the need of having this bridge. He spoke that he cannot support this motion. Councilor Darrow spoke in support of the motion. She spoke to the importance to look at this project and to not abandon biker and non-motorized transportation within the City. Councilor Rosenthal spoke that he was on the MPO at the time of these decisions. He spoke he understands the rational but will vote against this motion. Mayor Stromberg suggested that the money should go to Independence Way. Roll Call Vote: Councilor Darrow, Lemhouse, Slattery and Seffinger: YES. Councilor Morris and Councilor Rosenthal: NO. Motion passed 4-2. Councilor Seffinger moved to direct Staff to submit Independence Way as a substitute project to the RMVPO for funding. Councilor Slattery seconded. Discussion: Councilor Seffinger spoke to the importance of the project. Councilor Slattery agreed with Councilor Seffinger. Councilor Rosenthal spoke that he agrees with the MPO standpoint and would like to see pedestrian bridge cross Nevada Street. Councilor Lemhouse spoke against this motion due to 12 ft. bike. and tread is the best option. Councilor Slattery spoke in.support of the motion due to being the best option of keeping 1.5 million. He spoke he would like to keep the 12 ft. bike and pedestrian bridge. Councilor Morris spoke that there needs to be some connectivity to Nevada St. and will not support the motion. Mr. Faught explained the project wouldn't go away and the funding would go to the bridge. Roll Call Vote: Councilor Lemhouse, Slattery, and Seffmger: YES. Councilor Darrow, Morris and Rosenthal: NO. Mayor Stromberg: YES. Motion passed 4-3. Councilor Lemhouse explained that he changed his vote due to Mr. Faughts clarification. Council directed. Staff to bring back options for a 14 ft. bridge. ORDINANCES. RESOLUTIONS AND CONTRACTS None City Council Business Meeting June 20, 2017 Page 8 of 8 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL. LIAISONS None ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at 10:30 PM Respectfully submitted by: City Recorder, Melissa Huhtala Attest: Mayor Stromberg City Council Business Meeting June 20, 2017 Page 8 of 8 OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS None ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at 10:30 PM Respectfully submitted by: City ecorder, Melissa Huhtala Attest: a or Stro berg ASHLAND HISTORIC COMMISSION Meeting Minutes June 7, 2017 Community Development/Engineering Services Building - 51 Winburn Way- Siskiyou Room CALL TO ORDER: Commission Chair, Shostrom called the meeting to order at 6:06pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Skibb Rich Rosenthal-ABSENT Emery Staff Present: Shostrom Maria Harris; Planning Dept. Swink Regan Trap ; Secretary Von Chamier Whitford Giordano Commissioners Absent: Leonard E APPROVAL OF MINUTES: Whitford. motioned to approve minutes from May 3, 2017. Swink seconded. Voice vote; All AYES. Motion passed. PUBLIC FORUM: Peter Kreisman, homeowner of 672 Monroe Street, Ashland, OR, addressed the Commission. Mr. Kreisman has lived in the area for many years and on a visit to the Ashland Airport, discovered the Lithia Springs Bridge in some brush out past the runway. They would like it to be recovered by the City and have it moved to a place where it can be resurrected. He showed the Commission photos of the old bridge and suggested that maybe it could be moved to Neil Creek but is open to other ideas as well. Mr. Kreisman plans on attending the Transportation Commission meeting to see if there is interest from them as well. Harris suggested that he talk to the Parks Department to see if the bridge could be used on a trail since trails are always being developed. Mr. Kreisman stated that the bridge is in two sections so it could be moved on a flatbed. Shostrom stated.that the Historic Commission is supportive of resurrection of the bridge and will do anything to help this process move along. COUNCIL LIAISON REPORT: Rosenthal was not in attendance to give the report. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2017-00707 SUBJECT PROPERTY: 550 East Main Street OWNER: Geoff & Mary Ann Geness APPLICANT: Kistler, Small and White, Architects DESCRIPTION: A request for Site Design Review and Conditional Use Permit approval for the property located at 550 East Main Street. The proposal involves a two-story, 960-square foot detached addition to accommodate two additional hotel units, bringing the total approved hotel units on the property to four. The application includes a request for an Exception to the Site Development & Design Standards to not provide the typically required five-foot landscape buffer at the property line adjacent to the city's-Fire Station #1. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 391 E 09AC; TAX LOT: #14900. Both Skibby and Shostrom stated that they spoke with the applicant on several occasions but that those meetings would not affect their decisions on this project. Harris gave the staff report for PA-2017-00707. The applicants were not present for the public hearing. Shostrom closed the public hearing and opened to the Commission for comments. The Historic Commission greatly appreciates the retention and rehabilitation of the original home that is currently underway including the use of historically compatible exterior materials such as the siding and windows. The additions and decks at the back of the home cascade nicely down from the main form. The Commission also appreciates that the proposed new structure includes architectural elements and materials of the historic home such as the bay windows and matching wood windows. The Commission believes the proposed structure meets many of the Historic District Design Standards in 18.4.2.050.8. However, there are several standards that the Commission determined were not met by the proposed structure. The Commission recommends approval of the application with a condition that the plans are revised to address the following standards Shostrom motioned to approve PA-2017-00707 with below recommendations. Whitford seconded. Voice vote; All AYES. Motion passed. Height, Scale, Massing, Form (AMC 18.4.2.050.B 2, 3, 4, 9) The Historic Commission appreciates the change from the initial concept of a flat roof with a deck to a roof shape that is consistent with the historic buildings in the immediate vicinity. The Commission's concern is that the proposed structure exceeds the height of the original home and will be clearly visible from E. Main and Siskiyou Blvd. As a result, the height, massing and form varies with historic buildings in the vicinity. Despite the small size of the proposed new building, the roof will be prominent in part because of the topography of the site. The Commission recommends using a hipped roof (pyramid) and also consider using false dormers with vents. Rhythm of Openings (AMC 18.4.2.050.B.7) The Historic Commission has a concern about the consistency of the pattern and rhythm of the wall to door/windows openings on the west elevation (side view 2) with the historic home. • Doors on first and second floor - the type and width of doors is not typically found in the historic district. The Commission recommends using narrower French doors (e.g., fourfeet wide) or a series of double hung windows. • Bay windows - the window and side panels appear slightly out of proportion. The Commission recommends using a wider window and narrower side panels to reflect the bay window on the historic home. PLANNING ACTION: PA-2017-00838 SUBJECT PROPERTY: 250 Alta Ave. APPLICANT/OWNER: Vadim Agakhanov DESCRIPTION: A request for a Physical & Environmental Constraints Review Permit to construct a new single- family dwelling on Severe Constraint Hillside Lands for the property located at 250 Alta Ave. The proposal involves an Exception to the Development Standards for Hillside Lands to allow for a 10' tall retaining wall to stabilize an existing nine-foot tall un-retained cut slope, and an Exception to the Street Design Standards to retain Alta Ave. as an unimproved street with the addition of a curb and gutter, but no paving or sidewalk installation. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391 E 05DC; TAX LOT: 1301. There was no ex-parte contact or conflict of interest indicated by the Commission. Harris gave the staff report for PA-2017-00838. Shostrom opened the public hearing to the applicants. Kim Locklin, property owner of 250 Alta Ave, Ashland, OR, addressed the Commission regarding the project. Ms. Locklin stated that this is a request for a physical and environmental constraints review permit. for the construction of a new single family residence on land that has more than a 25 percent slope, The request also includes a tree removal permit to remove two six-inch DBH pear trees. Shostrom closed the public hearing and opened to the Commission for comments. After a brief discussion regarding width of street, and parking issues the Commission rendered their decision, Giordano motioned to approve PA-2017-00838 as presented. Swink seconded. Voice vote; All AYES. Motion passed. PLANNING ACTION: PA-2017-00969 SUBJECT PROPERTY: 244 Hargadine Street OWNERIAPPLICANT: Elisa Fox/Tim Plankenhorn DESCRIPTION: A request for a Site Design Review and Conditional Use Permit approval to operate a two-unit Accessory Traveler's Accommodation including one detached guest unit and one owner's unit in the existing home for the property located at 244 Hargadine Street. COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 0913D; TAX LOT 16500. There was no ex-parte contact or conflict of interest indicated by the Commission, Harris gave the staff report for PA-2017-00969. The applicants were not present for the public hearing. Shostrom closed the public hearing and opened to the Commission for comments. The Historic Commission does not recommend approval of the application because it does not meet the following Historic District Design Standards in Ashland Municipal Code (AMC) 18.4.2,050. Shostrom motioned deny to PA-2017.00969. Von Chamier seconded. Voice vote; All AYES. Motion passed. Height, Scale, Massing, Form (AMC 18.4.2.050.6 2, 3, 4, 9) The vertical volume is not consistent and is out of scale with the historic home on the property as well as other historic buildings in the vicinity. Consider a hipped roof. Rhythm of Openings (AMC 18.4.2.050.B.7) The pattern and rhythm of window/door openings on the proposed building is inconsistent with the historic home as well as adjacent historic buildings in the vicinity. Windows should be compatible in proportion, shape and size to the historic home and historic buildings in the vicinity. • The modern gable-end windows on the front elevation are not historically compatible. Consider historically proportioned double-hung windows over garage man door. • Proposed balcony is not proportionate to front elevation in that it is too deep and too narrow. ,Recommend balcony be positioned and sized symmetrical to the garage door. • Proposed balcony door is not compatible in type or proportion. Consider smaller door with windows or French door. 0 Recommend carriage-style garage door. • A historic building would have windows on the sides and back of building that are historically proportioned and have a rhythm. Building Materials (AMC) 18.4.2.050.C The Commission recommends the following exterior building materials to maintain the historic and architectural character of the district. • Siding should have a six-inch exposure or less and be smooth finish. • Use corner board and belly board at deck level. Use historic window and door trim (minimum of 3'h inches wide). COMMISSION ITEMS NOT ON AGENDA: There were no items to discuss. NEW ITEMS: • Review board schedule: ® Project assignments for planning actions OLD BUSINESS: The decision by the Planning Commission regarding 165 Water was discussed. Review Board Schedule June 8th Terry, Sam, Bill June 15~h Terry, Piper, Keith June 22°d Terry, Tom, Sam June 29th Terry, Dale, Taylor Jul 6th Terry, Keith, Piper PA-2014-00710 143 Nutley Swink & Whitford PA-2014-02206 485 A Street Whitford PA-2015-00878 35 S. Pioneer Leonard PA-2015-01695 399 Beach Skibby PA-2016-00847 252 B Street Whitford PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-02103 133 Alida Swink PA-2016-02095 563 Rock St. Whitford PA-2016-02114 556 B Von Chamier PA-2017-00013 15, 35, 44 & 51 S. Pioneer Street ALL PA-2017-00235 114 Granite Leonard PA-2017-00325 746 C Street Von Chamier PA-2017-00200 165 Water ALL PA-2017-00707 550 E. Main No one assigned PA-2017-00838 250 Alta Ave No one assigned ANNOUNCEMENTS &.INFORMATIONAL ITEMS: Next meeting is scheduled July 5, 2017 at 6:00 pm There being no other items to discuss, the meeting adjourned at 8:15pm Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES JUNE 27, 2017 CALL TO ORDER Chair Roger Pearce 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. Maria Harris, Planning Manager Michael Dawkins Brandon Goldman, Senior Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Absent Members: Lynn Thompson PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Commented on the statewide planning goals and the city's comprehensive plan, which states "all cost-effective conservation measures should be captured at the time of initial construction". Mr. Gutcheon recommended this language be changed from "should" to "shall" since conservation methods are much cheaper now. DISCUSSION ITEMS A. State and Regional Planning Issues, Josh LeBombard, Regional Representative, Department of Land Conservation and Development (DLCD). Planning Manager Maria Harris introduced Josh LeBombard and noted staff works with Mr. LeBombard quite a bit. He is the city's regional DLCD representative and he covers Jackson, Josephine, and Douglas counties. Mr. LeBombard updated the commission on Regional Problem Solving (RPS) and the Housing Strategy, which was a conditional of approval requested by the City of Ashland. RPS is the areas regional plan to accommodate population growth over the next 50 yrs. Ashland is a participant of the plan along with Medford, Central Point, Eagle. Point, Phoenix, Talent, and Jackson County. Mr. LeBombard provided an overview of the Housing Strategy, which is being conducted by EcoNorthwest. The work plan has several components, including: 1) Technical Analysis: The purpose of this task is to develop current information about the housing market in each of the RPS cities. The focus of the analysis will be on the density and affordability of new residential development and will cover types of housing constructed, residential development density by housing type, and basic housing characteristics (size, number of bedrooms).This analysis will summarize the key issues identified in the housing needs analysis for each city and will focus on issues such as housing affordability and land supply. 2) Identification of Housing Development Barriers: EcoNorthwest will identify barriers to the development of housing for each city in the RPS through a combination of interviews and discussions with key stakeholders. The discussions will focus on issues related to regional and local barriers to housing development and potential policy solutions to those barriers. The product of this task will be a technical memorandum summarizing the housing barriers for the region, as well as barriers by city. Ashland Planning Commission June 27, 2017 Page 1 of 3 3) Code Audits: An audit of the city zoning codes will be conducted and will identify current development standards and potential changes to lower housing development barriers. This audit will include an examination of standards, such as types of housing permitted, lot sizes, and whether accessory dwelling units are allowed. 4) Develop RPS Housing Strategy: The final step will be the development of an RPS Housing Strategy that will recommend policies and best practices for the region as a whole and include specific recommendations for each participating jurisdiction. Commissioner Questions and Comments: • Mr. LeBombard was asked about the timeline and whether the Planning Commission will have any interface with EcoNorthwest. It was explained that the study needs to be completed by March 2018 and there is not much dialogue built in. Ms. Harris stated once the final product is received each community will run it through their public comment process as they work to determine which strategies they wish to pursue. • Suggestion was made for Ashland's 60-year affordable housing requirement to be looked at and whether this is more of a barrier than an opportunity. • Mr. LeBombard clarified inclusionary housing for the commission and explained cities can adopt a requirement that sets a percentage of new development to be affordable. • Comment was made that Ashland's topography is a potential barrier and is driving housing costs up. • Comment was made that Ashland's housing issues are not a new problem and any place that is highly desirable will be unaffordable. • Staff was asked if there is any information on the demographic of who is using accessory residential units (ARUs). Senior Planner Brandon Goldman explained a study was conducted and it was determined that in Ashland there are very few ARU occupants with children and nearly half paid cash for the construction. • Comment was made that developers are not building apartment complexes anymore and this is contributing to the housing shortage. Mr. LeBombard stated there is a small group of developers that are building apartments in Medford and since rent costs are so high these developments are able to pencil out for them. He noted part of the problem is the massing and scale, and stated larger complexes don't fit well in some areas. Mr. LeBombard was thanked for taking time to meet with the Planning Commission and for his work on this project. B. Coordination of Planning and Service Issues, Gary Blake, Recology. Recology Manager Gary Blake stated he has been in this business for over 15 years and one of the common things he has observed in the different communities is that the size of trash enclosures and where receptacles are placed are not given a lot of thought up front. He provided examples from other jurisdictions and requested Recology be involved earlier in the development process and have the opportunity to provide comments and feedback. Commissioner Questions and Comments: • Mr. Blake was asked if they have someone on staff who could look over plans and provide comment. He responded that he and the operations supervisor could handle this task. • Ms. Harris noted the problem of getting applicants to identify bike parking and trash areas and stated this is a constant issue for staff to get this shown on the plans. She commented that the pre-application stage might be a bit early to involve Recology but they could be involved a little later in the process once a more solid set of plans has been developed. She suggested they be included on larger projects (multifamily/commercial) but not smaller residential or ARUs and Mr. Blake agreed. • Suggestion was made to consider developing code language to address waste management issues. • Mr. Blake clarified that Ashland has always been serviced by rear-load trucks, however they will be evaluating their approach. When asked if trucks have to be able to turn around and exit in a forward manner, Mr. Blake clarified it is unsafe to back out onto a street and stated this is a risky situation they try to avoid. • Suggestion was made for the city to consider a policy change that would allow trash enclosures at the front of developments. Ashland Planning Commission June 27, 2017 Page 2 of 3 Commissioner Pearce thanked Mr. Blake for his time and commented that consulting with Recology on development plans would be a positive thing. ADJOURNMENT Meeting adjourned at 8:20 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission June 27, 2017 Page 3 of 3 C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 13, 2017 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, Senior Planner Melanie Mindlin April Lucas, Administrative Supervisor Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: Debbie Miller Dennis Slattery, absent ANNOUNCEMENTS Community Development Director Bill Molnar announced PA-2016-02103 - Approval of an accessory residential unit at 133 Alida, has been appealed to the Land Use Board of Appeals and the City is waiting on the final ruling. CONSENT AGENDA A. Approval of Minutes. 1. April 25, 2017 Study Session. 2. May 9, 2017 Regular Meeting. Commissioners Brown/Pearce m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed unanimously. [Commissioner Mind/in abstained from voting on the May ,9 minutes.] PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Adoption of Findings for PA-2017-00200,165 Water Street. No ex parte contact was reported. Commissioners Brown/Dawkins m/s to approve the Findings for PA-2017-00200,165 Water Street. Voice Vote: all AYES. Motion passed unanimously. [Commissioner Mind/in abstained] TYPE II PUBLIC HEARINGS A. PLANNING ACTION: PA-2017-00615 SUBJECT PROPERTY: 361 South Mountain Avenue OWNER/APPLICANT: Martin & Trina Ashworth/Rogue Planning & Development DESCRIPTION: A request for Outline Plan, Final Plan and Site Design Review approvals for a seven-lot/six- unit subdivision under the Performance Standards Options Chapter (AMC 18.3.9) for the property located at 361 South Mountain Avenue. The application proposes a Solar Access Performance Standard which would allow the southern.units to shade the northern units no more than four feet above the finished floor elevation, and requests an Exception to Street Standards to allow a new driveway location approximately 55 Ashland Planning Commission June 13, 2017 Page 1 of 3 feet from the driveway to the south where a 75-foot separation between driveways is required (the existing driveway is only five feet from the driveway to the south, and the proposal brings the driveway significantly closer to meeting the standard). COMPREHENSIVE PLAN. DESIGNATION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391E 09DD; TAX LOT#: 600. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Norton, Mindlin, Brown, Pearce, and Dawkins declared site visits. No ex parte contact was reported. Staff Report Senior Planner Derek Severson explained the application is for outline plan, final plan, and site design review for a seven-lot, six-unit subdivision for the property located at 361 S. Mountain Ave, He stated the proposal is to relocate the existing house to Lot #1 and build five new residential units. Mr. Severson presented the site plan, landscape plan, elevations, and perspectives for the buildings, and explained the building designs relate well to the design features and character of the existing house. He noted the Mill Pond standard for solar access has been utilized and will not affect the units' living space. He also provided details on the relocated driveway and commented on the 75 ft. driveway separation standard. Mr. Severson explained in this case it is not a full 75 ft. but they are getting the most they can and are significantly improving the situation. He noted the applicants are proposing to add street trees and stated staff has recommended an arborist's report prior to any site work to ensure the existing trees are adequately protected. Mr. Severson stated this is a straight forward application and staff is recommending approval with the conditions listed in the staff report. Questions of Staff Mr. Severson clarified the solar ordinance language and stated the area that will be shaded is identified in the SOU Master Plan as a parking lot and it is slated to remain so. He added this is permitted outright in the land use code. Mr. Severson clarified the fire access requirements and stated staff has included a condition approval that states the flag drive will be 20ft. in width, with a vertical clearance of 13 ft. 6 in, and be able to support a 44,000 lb. vehicle. He noted the applicants have a bit of wiggle room on.their plan and have indicated they could meet this standard without much difficulty. He added the parking space at the terminus of the driveway is not considered part of the driveway and would not be impacted. Mr. Severson clarified Condition #5m addresses the open space requirement and requires a detail of its treatment. He stated there are some heavily landscaped areas shown on the plan and it is not clear whether these areas would support recreational use as called for in the open space requirement. However, he added, it is clear the applicants can meet.the 8% standard and noted the lower corner alone well exceeds the requirement. Applicant's Presentation Amy Gunter, Rogue Planning & Development/Ms. Gunter stated the property owners will live on the site and it will function similar to a co-housing development. She touched on the issues raised by staff and clarified under the site review chapter of the land use code, decks, balconies and patio areas all count towards the 8% open space requirement and they exceed this requirement without even counting the landscaped areas. Ms. Gunter noted they are seeking an Earth Advantage Platinum rating which limits the use of turf. Regarding the fire access requirements, she stated there is room on their plan to shift the houses slightly to the south which will provide the needed width to meet the requirement. Ms. Gunter added if the end units on Lots 4 and 5 have fire sprinklers installed, a 20 ft. driveway in front of those lots would not be necessary and requested the flexibility to maintain this option. She also commented briefly on the storm drainage plan and stated their engineer will be working with the city's Public Works Department to resolve any issues. Rick Lindemann, Building Designer/Stated the owners will be a great asset to the community and a lot of the design and layout of the site was focused on them living on the property. Mr. Lindemann noted there are interesting projections that break up the mass of the buildings and stated the design borrows from that of the existing home. He added the colors selected are muted and blend in well with nature. Ashland Planning Commission June 13, 2017 Page 2 of 3 Questions of the Applicant The applicants were asked clarify why the sidewalk was placed so close to units 2 and 3. Mr. Lindemann agreed that a landscaped buffer would have been preferred but it was a matter of constraints to get the units, vehicular access, and fire truck access in place. Comment was made that this makes for an uncomfortable living situation and it was suggested that the applicants to take another look at creating a small planting buffer. The applicant was asked about the existing on-street parking.and the placement of trash cans. Ms. Gunter clarified the driveway will have 10 ft. of yellow on each side for clearance and the individual cans will fit in this area on collection day. She explained they met with Recology and were informed the company would not collect trash on the site unless a full turnaround was provided. Comment was made that there is landscaping shown between lots 2 and 3, however this is listed as a garage. Ms. Gunter acknowledged the error and stated they would correct this on the revised landscape plan. Questions of Staff It was noted that the commission has requested some changes and staff was asked whether this is an issue since they are approving final plan. Mr. Severson stated the conditions of approval can address the issues raised without the need for this to come back for additional review or for staff to exercise any discretion. Comment was made that the trash collection could pose a problem and staff was asked for potential solutions. Mr. Severson explained there are various other instances in town where it is not ideal, however there is no criteria in the code to address this. Deliberations & Decision Commissioners Thompson/Dawkins m/s to approve PA-2017-00615 with the conditions listed by staff. DISCUSSION: Commissioner Pearce requested Condition I be amended to allow the option for fire sprinklers and Commissioner Brown stated the word "flag" should be removed as well. Mr. Severson recommended the language be updated to state "the drive shall be paved to a 20 ft. width with vertical clearance to withstand 44,000 lbs. and comply with 18.4.3.080 prior to the signature of the final survey plat." Commissioners Thompson and Dawkins approved this amendment. Roll Call Vote: Commissioners Dawkins, Brown, Norton, Pearce, Thompson, and Mindlin, YES. Motion passed 6-0. OTHER BUSINESS A. Election of Officers. Commissioners Dawkins/Norton m/s to nominate Roger Pearce to serve as chair of the Planning Commission. Voice Vote: all AYES. Motion passed unanimously. Commissioners Dawkins/Brown m/s to nominate Melanie Mindlin to serve as vice chair of the Planning Commission. Voice Vote: all AYES. Motion passed unanimously. B. Attendance Report. Information only. ADJOURNMENT Meeting adjourned at 8:15 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission June 13, 2017 Page 3 of 3 Council Business Meeting July 18, 2017 Title: Reappointment of Christopher Jean to the Tree Commission From: Melissa Huhtala City Recorder Melissa. huhtala@ashland.or.us Summary: Approval of the Mayor's recommendations to reappoint Christopher Jean to the Tree Commission. Actions, Options, or Potential Motions: I move to approve the Mayor's recommendation to reappoint Christopher Jean to the Tree Commission. Staff Recommendation: N/A Resource Requirements: N/A Policies, Plans and Goals Supported: AMC 2.04.090 (C) Regular Commission and Board Membership Appointments Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory committees and boards not required by state law to be appointed by the City Council shall be appointed by the Mayor with the consent of the Council. The Mayor may request assistance or recommendations from Councilors in making appointments. Background and Additional Information: The ending term for most Commission/Board members is April 30, 2016. Annual reappointments occurred at the May 2, 2017 meeting, but Christopher Jean's request for reappointment was accidentally left out of that Council item. Attachments: None Page Iof I CITY of -ASHLAND Council Business Meeting July 18, -2617 Title: Rogue Bike Share Program From: Scott A. Fleury Engineering Services Manager Scott.fleuryRashland. or.us. Summary: . Staff is asking Council consider participation in a City of Ashland pilot bicycle share (bike rental) project that would be managed by Rouge Valley Council of Governments (RVCOG). If approved, the City would fund the costs to lease two Zagster bicycle share systems for installation in the downtown corridor. The proposed City of Ashland pilot bicycle share project would be part of a comprehensive plan to place bike share facilities in key areas in Ashland (see attached map). Partners for this pilot project include Oregon Department of Transportation (ODOT) and Rogue Valley Transportation District (RVTD). If funding is approved by Council, the City will enter into an Intergovernmental Agreement (IGA) with RVCOG for management of the Rogue Bike Share Program. Zagster provides a bicycle share service that includes leasing racks and bicycles, where the bicycles can be rented and used on an hourly basis with the locking mechanism on the bike for temporary locking to other locations. There is a current Zagster system located. on Water St. that has been in use for two years and funded via a grant obtained by the United Way. Actions, Options, or Potential Motions: Move to approve allocation $18,900 of current Street Department funding for support of the Rogue Bike Share Program via leasing two Zagster bike share stations and five bicycles. Move to approve an Intergovernmental Agreement with RVCOG for administration of the Rogue Bike Share Program. Staff Recommendation: Public Works staff and the Transportation Commission recommended financial support of the program. Resource Requirements: Through negotiations by RVCOG, the lease price for two stations and five bicycles is $18,900. This is developed for the City as a two year price as we are unable to dedicate funds outside of the budget biennium for this project. It is estimated by Zagster that 15-25% of total costs can be recouped in the fee structure which will be reinvested back into the program to continue support of stations and bicycles within the City. Page 1 of 4 C I T Y OF -ASHLAND Funding Breakdowns: Stations: 1. One 9-stall station (no bikes), and 2. One 10-stall station with 5-bikes Zagster Pricing Negotiated by RVCOG: 1 Station (10-stalls) w/ S Bikes $6,600 per year, plus $3,000 one-time station install fee 2-year Commitment (paid over 2-years) Cost: $16,200 Station, Only (No Bikes) $300 per stall (@ 9-stalls) _ $2,700 (paid up-front) Cost: $2,700 TOTAL COST: $18,900 Rogue Bike Share User Plans and Costs: • $25 Annual Membership (first 2-hours free, $2/hr thereafter up to $30, and $30 late fee for over 24-hours) • $15 Annual SOU/RCC Membership (first 2-hours free, $2/hr thereafter up to $30, and $30 late fee for over 24-hours) • $10 Monthly Membership (first 2-hours free, $2/hr thereafter up to $30, and $30 late fee for over 24-hours) • $3 Hourly (up to $30, and $30 fee for over 24-hours) Department of Human Services for Jackson County Recipients of Medicaid, SNAP, TANF, and JOBS Programs • Free Annual Membership (first 10-hours free, $2/hr thereafter up to $20, and $20 late fee for over 24-hours) Policies, Plans and Goals Supported: Climate Energy Action Plan: Strategy ULT-2. Make Ashland more bike and pedestrian-friendly: On-road transportation generates nearly one-fifth of Ashland's total emissions. It is difficult to substantially improve the fuel efficiency of existing cars and trucks, so one of the most feasible methods of reducing emissions is to make other forms of transportation more desirable. A city that supports people walking and biking not only reduces the need for residents to drive but also offers the public health co-benefit of encouraging exercise. ULT-2-1. Implement bicycle- and pedestrian-friendly actions in the Transportation System Plan and Downtown Parking Management: 32 expansion of on- and off-street bike racks, shelters, and sharin Page 2 of 4 CITY OF ASHLAND Background and Additional Information: Two years ago the United Way received a grant to install six Zagster bicycle share stations and thirty three (33) bicycles within Jackson County. One of the stations was installed on Water St. underneath the viaduct. Of the six stations, the Ashland location was the most highly utilized station in all of Jackson County accounting for 45% of all trips taken (reference attachment 2). The grant funding for these six Zagster stations is expiring on July 24, 2017, and the stations will be removed. In order to continue on with a successful bicycle share program within the City of Ashland the Public Works Department was recently contacted by RVCOG to gauge support for financial involvement in a pilot bike share program specific to the City. RVCOG has obtained funding from other agencies to continue a bike share program in Jackson County for three years. These other agencies include ODOT and RVTD; both of whom are supportive of investment of these funds into a bicycle share pilot program within the City. ODOT is providing RVCOG a grant in the amount of $86,400 to support installation and operation of two (2) ten-space stations with twenty (20) bikes for three-years, and RVTD is providing funding in the amount of $45,600 for two (2) ten-space stations with ten (10) bikes for three-years. The stations support by RVTD will be located on the Plaza near the existing bus shelter.in Ashland and one at RVTD Front Street Station in Medford. The stations supported by ODOT will be located on Siskiyou Blvd. near Glendale Ave. and at the YMCA (reference attached proposed location map). The ODOT and RVTD funded stations will be installed the week of July 31 (as Zagster requires a 2-month lead time from date of order to installation). RVCOG is also working directly with Asante and Southern Oregon University (SOU) to see if they would also be willing to participate in the bicycle share pilot program to install stations at their locations. Due to the amount of bicycles funded by the ODOT grant and the Zagster recommended ratio of 5 bikes per station, both SOU and Asante have been offered an option to fund only a single station with a one-time cost of $3,000. However, neither have a funding mechanism at this time but will be discussing funding in fall of this year. Both groups are supportive of a bicycle share program. It should be noted that RVCOG and Zagster feel that a station at SOU is an integral part of the pilot project system for the City, as approximately 1,200 students live on-campus. RVCOG and Public Works recently presented information regarding the Rogue Bike Share Program and associated costs before the Transportation Commission and asked for their recommendation to Council regarding whether or not to support the pilot program. After discussion the Transportation Commission motioned: Young/Vieville m/s recommend to Council that the commission supports the participation in the new RVCOG program, including 2 stations. Program Management/Administration: RVCOG will be responsible for all administration of the pilot project. Zagster manages the physical component of the program which includes, bicycle maintenance/replacement and making sure an adequate number of bicycles are housed at each docking station. The Zagster system allows tracking of useful statistics to gauge program success, including number of trips Page 3 of 4 CITY OF ASHLAND taken per station and time of trips. If it is determined a station is not functioning at a high level it can be relocated to an alternate location that might have a higher potential for usage. Attachments: Proposed Bicycle share location map Intergovernmental Agreement with the Rogue Valley Council of Governments Bicycle Share County Statistics Rogue Bike Share Flyer Page 4 of 4 CITY OF -ASHLAND Rogue Bike Share: Ashland Ne a Nevada St , Wi e r ary e Su F2`✓ 1) rt r Nutley St Main St try awh" 01, :5~ 71 v s i 57 40 4)4 0 23 S U Intepe's d~ r > Y Ash! ' Y Ashlantl (Hwy 0 1 mg Decision I . II 2017 52 r` uly, OD i. 5 15.'1 Funded - 1 Housing (For ODOT Grant) Residential Density "Affordable"/Low Income/ Higher Density * aci~ cl X19 Disabled/Senior - m v 1~►-- OO Number of Units -Lower Densi tY - U) - TT- f =L P^^haVJ~C St' O Pike Share Program Station Location (Funded, Proposed, or Pending) This nrap predrret has been produced for Y U a, . Planning purposes only and has not been created for, nor is suinble For, legal, engineering, or r, RVTD Route 10 u"°.d:061Se1 y 0 0.25 0.5 1 Mile Created: UUR017 N.Hart-Drinklc RV COG Sources: Jackson County CIS, ODOT, RVCOG E I I Y Y I Y Y i I ~ N INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into by and between the Rogue Valley Council of Governments, a voluntary intergovernmental association, hereinafter referred to as "RVCOG," and the City of Ashland, an Oregon municipal corporation, hereinafter referred to as "CITY," both of which are hereinafter referred to collectively as "PARTIES;" WITNESSETH WHEREAS, RVCOG is a voluntary association of local governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITY is a member agency of the RVCOG; and WHEREAS, CITY has a need for professional planning and administrative services; and WHEREAS, the purpose of this agreement is to make provisions for RVCOG to perform professional planning and administrative services for a bike-share program for the CITY and to provide for cost reimbursement. NOW THEREFORE, in consideration of the mutual terms, conditions; stipulations and covenants herein contained, the PARTIES do hereby agree to the following: A. SCOPE OF SERVICES CITY hereby agrees to engage RVCOG and RVCOG hereby agrees to perform and carry out in a legal and proper manner, as reasonably determined by CITY, professional services related to the development of, acquisition of, expansion of, and administration of a bike- share program requested by CITY. The specific work schedule will be mutually determined by RVCOG and CITY, but will be confined to development and administration of a bike-share program within the City, as part of the Rogue Bike Share program. B. TIME OF PERFORMANCE This agreement shall take effect upon execution and shall remain in effect for two years or until terminated by either party in writing (see Section C of this agreement). C. AMENDMENTS AND TERMINATION 1. This document constitutes the entire agreement between the PARTIES and no other agreement exists between them, either stated or implied. Any amendments or changes to the provisions of this agreement shall be reduced to writing and signed by both PARTIES. 2. This agreement will remain in effect until terminated by either party in accordance with -1- this Section (C)(2). Either party may terminate this Agreement: a) for any or no reason, upon thirty (30) days' prior written notice to the other party; b) upon seven (7) days' written notice, upon the other party's default of any term or condition hereof and its failure to cure same within the 7-day period; or (c) if any contemplated funding from CITY is not obtained or continued at levels sufficient to allow for full performance herein, this Agreement may be modified or terminated immediately to accommodate such reduction in funds. 3. Upon termination of this Agreement for reasons other than RVCOG's default, the CITY shall remain responsible to RVCOG for applicable fees incurred for Services performed by RVCOG prior to such termination. Such termination shall be without prejudice to any claims, obligations, or liabilities either party may have incurred prior to such termination. D. PAYMENTS 1. RVCOG will invoice CITY on a monthly basis. CITY shall reimburse RVCOG within 30 days of receipt of invoice. Invoiced costs will be accompanied by documents and receipts evidencing such costs and expenses. 2. CITY will reimburse RVCOG for professional services performed on the bike-share program for CITY by RVCOG employees at hourly loaded rates subject to annual adjustments on or about July 1 of each year this agreement is in force. Rates include travel time. CITY will also pay for any supplies and materials and mileage incurred in performing the Services. Andrea Napoli, senior planner, is currently assigned to the bike-share project at the rate of $56.58 per hour. E. RESPONSIBILITIES 1. CITY.shall administratively assist RVCOG in accomplishing the tasks identified under Scope of Services by making the payments identified in Section D. above; maintaining regular communication with RVCOG; helping to resolve differences that may arise between the PARTIES; and providing background information and technical support as necessary to accomplish any task assigned. 2. CITY shall make available all necessary information to enable RVCOG employee to undertake the timely implementation of the bike-share program. 3. RVCOG agrees to keep current all necessary business and professional registrations as may be required to perform the services required under this agreement. -2- F. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260-300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the parties agree to save, hold harmless and indemnify each other, including their officers, agents and employees, from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities of the other party in connection with this Agreement. Neither party shall be liable for any loss, damage, injury, claim, or demand against each other arising from their respective activities in connection with this agreement, except as otherwise expressly set forth herein. G. COMPLIANCE WITH LAWS RVCOG shall comply with all applicable laws, ordinances and codes of the federal, state and local governments in its performance under this Agreement. H. INSURANCE RVCOG shall provide to the City upon execution of this Agreement, and prior to performing any work, a certificate of insurance meeting the requirements set forth below (Certificate). a) Commercial General Liability with a limit of at least $1,000,000 per occurrence, with a $2,000,000 annual aggregate. b) Workers' Compensation as required by applicable statutory law. c) Business Automobile Liability with a limit of at least $1,000,000 per occurrence. All insurance coverages indicated above must be underwritten by insurers licensed to do business in the state in which RVCOG performs its services, and insurers must maintain an A.M. Best Rating of A+ or better. The City of Ashland shall be named an "Additional Insured" under the Commercial General Liability policy carried by RVCOG via Additional Insured Endorsement attached to the Certificate. In addition, the policy shall be endorsed to state that the coverage extended to the City shall be primary and non-contributory with any insurance coverages maintained by the City. The Certificate shall specify that the above policies may not be canceled nor the coverages reduced without providing the City thirty (30) days' prior written notice by registered mail. Renewal Certificates and endorsements must be issued immediately upon renewal of all polices. The fulfillment of the insurance obligations shall not otherwise relieve RVCOG of any liability assumed under this Agreement, in any way modify, or limit RVCOG's obligations to indemnify the City hereunder. -3- I. INDEPENDENT CONTRACTOR RV COG is an independent contractor under this Agreement, and neither RVCOG, its subcontractors, nor its employees, are employees of CITY. RVCOG is responsible for all federal, state and local taxes and fees applicable to payments for services of its employees under this agreement. . J. ASSIGNMENT AND SUBCONTRACTS RVCOG shall not assign this contract or subcontract any portion of the Services without the prior written consent of CITY which consent shall not be unreasonably withheld. Any attempted assignment or subcontract without CITY's written consent shall be void. RVCOG shall be fully responsible for the acts or omissions of any of the assigns or subcontractors and of all persons employed by them. The approval by CITY of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and CITY. K. LIMITATIONS This agreement in no way restricts RVCOG or CITY from participating in similar agreements with other public or private agencies, organizations, or individuals with regard to any aspect of this agreement, so long as the same do not unreasonably interfere with each parties' performance herein. L. REPORTS AND RECORDS All work produced by RVCOG while working for the CITY shall be the exclusive property of the CITY provided that RVCOG may obtain a copy of any public record information by paying for the reproduction costs thereof. IN WITNESS WHEREOF, RVCOG and CITY have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: PARTIES TO THE AGREEMENT Michael Cavallaro Date John Karns Date Executive Director, RVCOG Interim Administrator, City of Ashland Attest: Melissa Huhtala, City Recorder Date City of Ashland -4- Jackson County Bike Share (United Way) Usage Data Program Inception (2015) to April 23, 2017 % of Registered Users by Zip Code % of Trips by User Zip Code Uut of rea 0u Ira Z 90 J e o- ~o tY Josphine 49 County 3% Ja_ son C tY Josephine County 9% White City of Trips by Jackson County Zip Code Hwy 62 % Station Usage White City Talent/Phoenix 5% Central Point i% 2% ! White City RCC_ _ ~ . 8% 2% # of Stations Medford -3 White City-2 Ashland a f• e Ashland - 1 45S'o Central Point-0 Medford Talent/Phoenix - 0 Providence 4% 44,, I + ■ "RE MWGUE BIKC Pedals to the People D • ■ • ■ -1 CE -NG OR BY r rr - F. 'TEXT . s T Y • BIKE OCK: TO FIT • Grab a bike and go! PRICIING Just download the Zagster app to ride. Don't have a smartphone? Text s option available. • e- want to learn more? Visit zagster.com/ride to discover the • • • • • • . basics of bike share. • Powered by FIA Zagstef Council Business Meeting July 18, 2017 Title: Agreement with Addictions Recovery Center for Sobering Services From: -Tighe O'Meara Police Chief Tighe.omeara@ashland.or.us Summary: Staff is seeking Council approval of an agreement between the Ashland Police Department (APD) and Addictions Recovery Center (ARD) to provide sobering services. Actions, Options, or Potential Motions: I move that Council approve an agreement with ARD titled "Agreement Between Addictions Recovery Center and the City of Ashland." Staff Recommendation: Staff recommends that Council authorize the execution of the agreement. Resource Requirements: This agreement will cost $11,000 in FY18. $5,300 of this was budgeted for and the remaining $5,700 will be absorbed in the department's budget. Policies, Plans and Goals Supported: 23. Support innovative programs that protect the community. BackLyround and Additional Information: For several years the APD has contracted with ARC to provide sobering services for members of the Ashland community. Sobering services refer to providing a safe, non-criminal facility at which a person can overcome the effects of intoxication. Oregon Revised Statues provide police officers with the authority to take someone into protective custody and lodge them at such a facility if they are found to be too intoxicated to care for themselves. While ARC has long provided APD with such services, the financial support has previously flowed through Jackson County, acting as ARC's fiduciary agent. Jackson County has expressed an interest in backing away from this role, requiring us to enter into this agreement with ARC, in place of the intergovernmental agreement we had with Jackson County. In reviewing the various agreements, ARC also realized that while APD had been contributing approximately six percent of the work load for ARC, APD was only paying one percent of ARC's operating budget. In order to bring APD's contributions better in line with its use, ARC has raised our user cost to $11,000, with an expected rise in FY 2019 to $22,000 and in FY 20 to $33,000, a level that represents APD's current use of the facility. Attachments: Agreement between the City of Ashland and Addictions Recovery Center Page Iof I CITY OF ASHLAND i l AGREEMENT BETWEEN r. ADDICTIONS RECOVERY CENTER AND THE CITY OF ASHLAND z; This is an agreement entered into by the City of Ashland (Ashland) and Addictions Recovery Center (ARC). This agreement shall be effective July 1, 2017 and expire June 30, 2018. i. A. STATUTORY AUTHORITY f' 1. In accordance with and pursuant to the provisions of Oregon Revised Statutes, the Addictions Recovery Center (ARC) is authorized to enter into a written agreement with any unit of local government for the performance of functions described under Oregon C Revised Statutes related to operating a sobering unit. r w' 2. As a result of this agreement, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to 'perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the agreement, its officers and agencies. 3. The ARC maintains a registered sobering center as defined under ORS 430.262, and is s eligible to receive persons taken into protective custody by members of the Ashland Police Department (APD) pursuant to OR5 430.399 4 a B. BACKGROUND The ARC maintains a sobering unit at 338 N. Front Street, Medford, Oregon. Ashland has u requested to use said sobering unit services. ARC is willing to offer use of the services on the terms set forth herein. C. COOPERATION AND SERVICES TO BE PERFORMED !a 1. ARC will continue to either operate or subcontract for the operations of the sobering unit at the site indicated twenty-four hours a day, seven days a week for the period July 1, 2017 through June 30, 2018. 2. Ashland shall pay ARC $11,000 total for the period July 1, 2017 - June 30, 2018 to use ARC`s sobering unit services. Payment is a lump sum amount; it is not a per capita rate. Payment in full shall be due no later than September 30, 2017. Upon Ashland's request, ARC shall submit an invoice to tender payment in the amount requested. i i 3 3 y AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 1 3 i{ I I E 1 Ashland, through its police department, shall transport individuals in its custody to the sobering unit site. ARC will hold such individuals and release them according to standard protocol. 4. Subject to ORS ORS 192.410 to 192.505, Inspection of Public Records, Ashland shall ii comply with all applicable confidentiality laws, including but not limited to ORS 179.505, Health i Insurance Portability and Accounting Act and 42 USC 290dd-2. e 5. The ARC shall provide APD with a quarterly report detailing APD's use of the facility as it relates to overall usage of the facility. K R D. GENERALTERMS k 1. INDEPENDENT CONTRACTOR STATUS: ARC is an independent contractor and not an employee of Ashland. ARC shall have the complete responsibility for the performance of its part of this contract. ARC shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. ARC is a subject employer that will comply with ORS 656.017. 2. INDEMNIFICATION. Both ARC and ASHLAND, in accordance with and as limited by ORS 30.260 to 30.300 (Oregon Tort Claims Act) and the Oregon Constitution Section XI(9) as applied to the City of Ashland, agree to indemnify, defend and hold harmless the other and its officers, agents and employees against all liability, loss and costs arising from actions, suits, claims or demands attributable in whole or in part to negligent, misconduct, or unlawful acts or R omissions of the wrongful party in performance of this Contract. If the loss or claim is caused by r the joint concurrent negligence or other fault of ARC and ASHLAND, the loss or claim shall be borne by each in proportion to the degree of negligence or other fault attributable to each. ARC's and ASHLAND's obligations under this paragraph shall survive the termination of this contract. } 3. TRANSFER OF RESPONSIBILITIES. ARC shall not assign this contract or subcontract any portion of the work without the written consent of Ashland. Any attempted assignment or subcontract without written consent of Ashland shall be void. ARC shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by Ashland of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and Ashland. ; 4. TERMINATION l i 4.1. Mutual Consent. This agreement may be terminated at any time by mutual consent i; of both parties. j r F 4.2. For Cause. ARC may terminate or modify this agreement in whole or in part, i effective upon delivery of written notice to Ashland or at such later date as may be AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 2 I 8 l established by ARC if ARC funding from federal, state, or other sources is not obtained or continued at current levels of services. 4.3. For Default of Breach. Either ARC or Ashland may terminate this contract in the event of a breach of the agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 5. Statutory Requirements: ORS 2798.220, 2796.225, 279B.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 6. CONSTRUCTION MODIFICATION. This agreement may not be amended, changed or modified in any way, except by written agreement signed by all parties. This agreement Ali constitutes the entire agreement between the parties and supersedes any and all prior oral or C•, written express and/or implied statements, negotiations or memoranda of understanding between parties, except as otherwise noted herein. This agreement shall become effective only upon the signature of all parties. Each person signing this agreement represents and warrants she or he has the authority to execute it. l~ dlc~(612~ eGaoety Nq, I. CITY OF ASHLAND °'A`CKS~7~7 G BY: Title: i le: end 1i Date: Date: -7 I p ved as to form: Approved as to for 4~ Asl~la d City Attorney ARC Counsel J I~ I j AGREEMENT BETWEEN ARC AND THE CITY OF ASHLAND Page 3 I Council Business Meeting July 18, 2017 Title: Approval of a Street Painting Permit From: Scott A. Fleury Engineering Services Manager Scott.fleury@ashland.or.us. Summary: Before the Council is a street painting permit and associated structure for approval. The street painting permit was requested by citizens at a Transportation Commission meeting in order to paint a pavement based mural. The permit is similar to a City of Portland program currently in place called "intersection repair". The permit would allow neighborhood groups to work together in order to paint the intersection of residential roads. Actions, Options, or Potential Motions: Move to approve the Street Painting Permit program as outlined by Public Works and recommended by the Transportation Commission. Staff Recommendation: Staff recommends approving the Street Painting Permit as recommended by the Transportation Commission and approved by the Legal Department. Resource Requirements: There is no direct financial impact to the City for implementing the program other than any staff time needed as part of the permit approval process. Staff time required would include verifying the petition and presenting before the Transportation Commission at a regular scheduled meeting. The recommended fee for the permit program is $16.00 and is equal to the amount currently associated with the City's block parry permit. In order to perform work associated with street painting the permittee would be required to install the appropriate traffic control signage while painting takes place. Policies, Plans and Goals Supported: N/A Background and Additional Information: A group of citizens who live on Faith Ave. attended the September 22, 2016 Transportation Commission meeting and spoke during public forum to request the City move forward with development of a street painting permit program similar to the City of Portland's intersection repair project. The program allows neighborhood groups via a petition to obtain a permit and paint a mural at or near the intersection of residential roadways. The Commission agreed to place the item on a future agenda for discussion and recommendation. The Commission held a formal discussion on the subject at the November 17, Page 1 of 2 CITY OF ASHLAND 2016 meeting. The Commission discussed the proposed street painting permit program and recommended via motion for staff to develop the criteria for a street painting enhancement program. Subsequently staff has proceeded with development of a street painting permit and worked with the Legal Department for approval of permit language. Staff has also worked with the Public Arts staff liaison and Chair to determine what role, if any, Public Arts would serve with respect to a street painting program. Public Arts does not consider a street painting program to fall under their purview, as this painting would not transfer to City ownership when completed. The Public Arts Commission has offered any assistance to the Transportation Commission with respect to vetting and approving street paintings for placement in the right-of-way. Staff also contacted the City of Portland to determine the specific type of paint used in the process and if any friction elements were added as part of the painting process. The City of Portland specifies two paint types and the addition of crushed walnut shells as a friction addition. Approved paint types: 1) Traffic zone marking paint. Requires mixing paint colors 2) Cabot's latex solid deck stain. Full array of colors. In addition, staff worked with the Planning Department to determine if any sign code requirements apply to a program of this nature. Planning has determined a street painting program would be exempt from the current sign code regulations is it would be something approved by Public Works for placement within the public right-of-way. In order to obtain a street painting permit, Public Works staff would develop a required petition signature boundary and the permittee would be required to obtain all necessary petition signatures. This petition would then be forward to the attention of the Public Works Director who will validate the signatures. The Director will then place the item on a Transportation Commission agenda for discussion and recommendation. The Director can then approve or deny the permit application. If the permit is approved permittee will pay the fee and arrange for appropriate traffic control and notifications during the closure period. The citizens from Faith Ave. who first brought this item to the Transportation Commission are highly motivated to have Faith Ave. be the first location to obtain a permit for panting. This group also uses the City's block party permit annually to hold a neighborhood celebration. They are interested in continuing to support their neighborhood atmosphere by coming together through a street painting project. They have also applied for a grant to fund the project with the hopes the program will be approved by the City Council. Attachments: Street Painting Permit Kat Smith Email September 22, 2016 Transportation Commission Minutes November 17, 2016 Transportation Commission Minutes South Tabor Neighborhood Intersection Artwork Page 2 of 2 CITY OF -ASHLAND CITY OF ASHLAND Administration approval required Application For: Permit Fee: $16 Street Painting Permit Permit # Ashland Municipal Code (AMC) Chapter 13.02.040 states that no person may occupy or encroach upon a public right-of-way without permission of the City in the form of a franchise, license or permit. The City Administrator has authorized the Public Works Administration Department to issue Street Painting Permits on the City's behalf. Applicant Information Name Phone (day) Address Phone (evening) Date of Closure Times of Closure Will amplified music/sound be played? (if yes, complete aNoise Permit application) Application Checklist I certify by initialing the following is true and/or provided: All information on this application form is true. Site Plan showing cross streets and areas of closure (Attachment B). All affected neighbors have been notified and required petition signatures have been obtain and approved by Public Works Director (Attachment A). Only MUTCD approved barricades and road closure signs will be used. All trash will be picked up by the end of the closure time. A 20-foot emergency access lane will be maintained at all times during the painting process. Enclosed a non-refundable fee of $16. I shall hold the City of Ashland, its officers, agents, and employees free and harmless from any claims for damages to persons or property including legal fees and costs of defending any actions or suits thereon, including appeals therefrom, which may result from granting this permit. Applicant Signature Date For Staff Use Only ❑ Approved ❑ Not Approved ❑ Fire Dept Review Signed Date Special Conditions of Approval Copies to Public Works, Fire, Police, Administration DEPARTMENT OF PUBLIC WORKS W 20 East Main St. Fax: 541-488-6006 OF AL Ashland, OR 97520 TTY: 800-735-2900 wmashland.or.us G:1pub-wrkslenglOW Blank FormsQrrent Permit FormslJuly 2017 CITY OF ASHLAND, OREGON Public Works Department ENGINEERING SERVICES DIVISION Application Date Issue Date Attachment A Revocable Permit to Use Dedicated Street Areas STREET PAINTING The undersigned applies for a revocable permit in accordance with the provisions of City Charter and Ashland Municipal Code (AMC), section 13. Public Improvements per this permit and AMC regulations are for the use of the street area defined as attachment B, location defined. (CONDITIONS) (1) The permittee shall hold the City of Ashland, its officers, agents, and employees free and harmless from any claims for damages to persons or property, including legal fees and costs of defending any actions or suits, including any appeals, which may result from permitted activity. (2) The intent of a proposed project and the likely outcome of such project shall be consistent with the goals of the Ashland City Council. (3) For street modifications within intersections, the two streets must be classified as a Residential Neighborhood Collector or lesser order per the City of Ashland Street Design Standards. (4) For street modifications between intersections, but that do not include the intersection area, the main street must be classified as a Residential Neighborhood Collector or lesser order per the City of Ashland Street Design Standards. The modification should not include the area that is within 25 feet of adjacent intersections. (5) Modifications between intersections can be adjacent to modifications within intersections if each meet the requirements for modification outlined in this permit. (6) The applicant for a permit must provide to the Public Works Director a petition of support for the proposed intersection modifications. The support petition must have signatures from each of the adjacent residents and at least 80 percent of the residents on the project street frontage(s) within two standard city blocks of the proposed project. The City of Ashland Engineering Division will generate the petition and petition boundary .for use by permittee in obtaining necessary signatures. The Public Works Director shall have the authority to modify the petition boundaries when considered appropriate. The City Public Works Director shall certify the accuracy of the petition. (7) The applicant for a permit must provide to the Public Works Director a petition of support for the proposed mid-block modifications. The support petition must have signatures from each of the adjacent residents and at least 80 percent of the residents on the project street frontage within two standard city blocks of the proposed project. For blocks that are more than 400 feet long, the petition area will include the entire block. The City of Ashland Engineering Division will generate the petition and petition boundary for use by permittee in obtaining necessary signatures. The Public Works Director shall have the authority to modify the petition boundaries when considered appropriate. The Public Works Director shall certify the accuracy of the petition. (8) The applicant for a permit must provide the Public Works Director with a written description of the proposed changes, including diagrams depicting how the intersection will look when completed. The DEPARTMENT OF PUBLIC WORKS m Ashland, 20 East Main St, Fax: 541-488-6006 OR 97520 TTY: 800-735-2900 www.ashland.or.us G:1pub-wrkslengN0\A Blank FormslCurrent Permit Forms\July 2017 applicant must demonstrate how the project will improve, or at least maintain, traffic safety and the safety of individuals at or in the vicinity of the intersection. (9) The Public Works Director may approve a revocable permit authorizing construction and maintenance of the project as described -and shown in the submitted diagrams, subject to any changes that may be required by the Public Works Director. (10) The permit shall be for use of the public right-of-way only, and does not exempt the permittee from obtaining any license or permit required by the City Code or Ordinances for any act to be performed under this permit. Nor shall the permit waive the provisions of any City Code, Ordinance, or the City Charter, except as stated herein. (11) The permit shall not exempt any party from complying with all applicable traffic laws, including laws regarding pedestrians. (12) The permittee is not authorized to do any excavation, except as specifically identified in the project plans. The permittee shall be responsible for protecting all public and private facilitates placed in the public right- of-way, including underground utilities. (13) The permittee shall notify all households and businesses within two standard city blocks of the proposed project at least 30 days before the project installation date. (14) The permittee shall obtain a Street Painting Permit to close all legs of an intersection, for up to one block distance, in order to install the intersection modifications. Permittee shall use Type III barricades and STREET CLOSED signs as provided in the Manual of Uniform Traffic Control Devices. No street shall be blocked for more than 12 hours in any 24-hour period unless specifically allowed by the City Public Works Director. Permittee shall notice the following 24 hours prior to any work taking place: City of Ashland Fire Department 541-482-2770 City of Ashland Police Department 541-482-5211 911 Dispatch 541-488-2211 Ashland School District 541-482-3174 (15) Repair, maintenance, or installation of existing or future utility facilities in the right-of-way may require the permittee to reconstruct, move, or remove the project, or portions of the project, with all costs borne by the permittee. (16) The permittee shall work with all affected neighbors to resolve any concerns that may arise regarding the project. The inability tb resolve such concerns may be grounds for revocation of this permit by the Public Works Director. (17) The permittee shall maintain, at no cost to the City, all aspects of the project during the term of the permit. If any nuisance condition is allowed to exist in the area of the project, the City may summarily abate such nuisance. The existence of a nuisance in the area of the project may be grounds for revocation of the permit. (18) All permits shall be revocable by the Public Works Director. The City Public Works Director may revoke a permit for any cause. The Public Works Director shall immediately revoke a permitted project no longer meeting the intent of City Council goals. (19) The permittee shall, at no cost to the City, remove all aspects and/or features of a project when either the permit expires or is revoked. (20) By this Agreement, City grants to Artist a revocable license for installation and display of Art identified in this Agreement and for no other purpose. At any time during the display period, and without any DEPARTMENT OF PUBLIC WORKS OW 20 East Main St. Fax: 541-488-6006 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us G:Ipub-wrkslenglO\A Blank Forms\Current Permit Forms\July 2017 compensation to Artist, the City may revoke the license and remove or replace the Art from the display location and such decision shall be made at the sole discretion of the City. (21) Design submitted by Artist is original, solely owned by Artist and reproduction will not violate the rights of any third party. Artist shall not make any additional, exact duplicate reproductions of the final design and dimensions, nor shall the artist grant a third party, the right to replicate the artistic designs and dimensions of the Design, without the written permission of the City of Ashland. (22) Once artwork is completed, City shall retain all ownership rights, including trademarks, patents, copyrights and any other forms of intellectual property, in the design and artwork, and shall be the exclusive property of the City of Ashland. (23) Artist grants to the City of Ashland, and irrevocable License to make reproductions of the artwork and the final design to be used in brochures, media, publicity and catalogs or other similar publications. (24) Artist shall, at its own expense, hold harmless, indemnify, and defend the City, its directors, officers, employees, agents and affiliates from and against any and all claims, demands, damages. Liabilities, losses and expenses, (including reasonable attorney fees, whether or not at trial/or on appeal), arising out of or in connection with any actual or alleged violation or infringement by the design or artwork of any proprietary right of any person whosoever, including any copyright, patent, trade name, trademark, or misappropriation of the trade secrets of any third party. Insurance Required: Permit Fee: Applicant Address Public Works Director Traffic Engineer (If applicable) DEPARTMENT OF PUBLIC WORKS 20 East Main St. Fax: 541-488-6006 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us G:Ipub-wrkslenglOW Blank Forms\Current Permit Forms\July 2017 Attachment B DEPARTMENT OF PUBLIC WORKS 20 East Main St. Fax: 541-488-6006 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us G:1pub-wrksleng101A Blank Forms\Current Permit Forms\July 2017 Hello Commissioners and City Staffers - Thank you again for your willingness to install sharrows (share the road arrows) on Faith Ave in the past few years. I believe it has helped create a safer place on our street for bicyclists to ride. I'm writing you today to request your support in creating a street mural at the corner of Faith and Wine. Here are some links to help familiarize you with street murals in Portland: http://www.ci repair.or /st~paintin -eples/ I believe our neighborhood is a great place to pilot a project like this in Ashland. Two local artists, Barbara Massey and Rachel Gibbs, live on this corner and Rachel has experience designing a street mural in Portland already! Also, we celebrated the 3rd annual Faith and Wine block party this year and it was a smashing success. We are a neighborhood of people who value the importance of creativity, connection and community-building and we already know how to organize, collaborate and have fun! Attached is an image of the mural that Rachel designed in the South Tabor Neighborhood. We look to Portland to see how it's done. The Portland Department of Transportation works closely with The City Repair Project to create these beautiful works of art and community-building opportunities: https://www.portlandoregon.gov/transportation/67083 Greg Raisman, with PBOT is willing to answer any questions you may have regarding the City of Portland's process with street murals: Greg Raisman Active Transportation and Safety Portland Bureau of Transportation (503) 823-1052 greg.raismangportlandore og_n.gov Attached is PBOT's Revocable Encroachment Permit. Thank you for taking this project into consideration and helping guide us regarding the next best steps. Please let me know if you have any thoughts, questions or concerns. Best, Kat Smith 770 Faith Ave Sarah Kreisman 791 Faith Ave Barbara Massey 787 Faith Ave Rachel Gibbs 795 Faith Ave ASHLAND TRANSPORTATION COMMISSION MINUTES September 22, 2016 These minutes are pending approval by this Commission CALL TO ORDER Graf called the meeting to order at 6:04 pm Commissioners Present: Joe Graf, Corinne Vieville, Alan Bender, Danielle Amarotico, and Dominic Barth Commissioners Absent: David Young and Sue Newberry Council Liaison Absent: Stef Seffinger SOU Liaison Absent: Janelle Wilson Staff Present: Scott Fleury, Kyndra Irigoyen, and Steve Mac Lennan Staff Absent: Mike Faught ANNOUNCEMENTS Graf cannot attend mayor's brown bag lunch this month. Barth said he will attend. APPROVAL OF MINUTES Approval of July 28, 2016 minutes The minutes were approved as amended. ADJUSTMENTS TO THE AGENDA None. PUBLIC FORUM Rachel Gibbs 795 Faith Ave and Kat Smith 770 Faith Ave Smith introduced herself as the face behind the Intersection Repair project. She said they are committed to this project whether the commission takes this on as an action item or another commission. There are four women on this project, Sarah Kreisman and Barbara Massey could not attend tonight. She said some key points to consider about this project are when they came together to discuss this, some other ideas came up about the electrical boxes around town. They are blank, empty canvases and see it as a way to build community and beautify the neighborhood. She said there was opposition to artwork under the bridge in downtown Ashland, but everyone changed their tune after they saw the artwork. She sent an email with links with other projects from Portland. Chris Raisman with the Portland Bureau of Transportation has offered his assistance in answering questions pertaining to this project. Gibbs introduced herself and said she did an intersection art project in a Portland neighborhood. Graf asked if they have spoken to the Art Commission yet. Smith said they had not yet, they wanted to start with the Transportation Commission. Bender asked how the project would be funded. Smith said in Portland, Intersection Repair helps to fund the project, but for Ashland they are looking at grant funding opportunities. Gibbs said there are different organizations who help donate supplies. Vieville asked who would do the painting. Gibbs said they would receive 80% agreement from the neighbors in the area of the proposed artwork. She said the day of the project in Portland, it was just neighbors walking by, they had a volunteer signup sheet, they had a block party permit to close the street, the neighborhood came together to paint. Vieville asked if the paint stays or if it has to be redone. Smith said it does periodically have to be redone and it varies on how busy the intersection is but Chris Raisman could answer the question better. Bender asked if this contributes to traffic calming or if it causes too much distraction. Smith said there is a blip in traffic calming for about two weeks and then it returns to normal. She said they celebrated their third annual Faith Block Party where they get together as a neighborhood to BBQ, do face painting, and chalk art. As a community neighborhood, they already know how to work together and bring people together. Susan Hall 210 E Nevada Read from her attached letter. Marty Breon 295 E Nevada She requests that future information gathering be done in an open and transparent way. She is concerned about Transportation Commission September 22, 2016 Page 1 of 6 private meetings because they lack protocol and minutes. If the meetings continue as private meetings she urges one of the commissioners to attend the meeting and also to have neighborhood opposers also attend the neighborhood meeting. Spike Breon 295 E Nevada He said the commission has been bombarded with emails the last few days and he hopes that the commissioners have deduced from that rationale for an automobile bridge over Bear Creek at E Nevada has dissipated to the point of disappearing. He wants to the urge the Transportation Commission to recommend to the City Council that the automobile bridge over Bear Creek at E Nevada be eliminated from the upcoming transportation system plan update. Bill Hernon 235 E Nevada He said his neighborhood is requesting the following: Change the City Council's current official designation for the downtown bypass from E Nevada to Hersey • No vehicular bridge over Bear Creek off of E Nevada in the TSP or comprehensive plan • Reclassify E Nevada's current status as an Avenue or collector street to a neighborhood street • Ensure residents of impacted neighborhoods receive adequate notice to attend meetings for public input in updating the TSP and comprehensive plan • A bike/pedestrian bridge may be acceptable if the neighbors support it Richard Kinsinger 591 Nandina St He said he lives in Mountain Meadows and submitted a petition which concerns the intersection of Fair Oaks and N Mountain Ave. Residents of Mountain Meadows have to cross N Mountain. The problem with this intersection is that there is a significant incline with trees in the center median on both sides, the incline and trees obscure the intersection from approaching cars until they are fairly close to the intersection. Pedestrians who step off the curb at the intersection are not visible to cars. The other issue is the speed of the cars. Cars exiting the City are anticipating on being on a country road, cars coming in from the country road are not yet slowed down to 25 MPH. He is asking that the intersection be converted from a 2-way stop to a 4-way stop. Graf said the commission looked at this issue 3- 4 years ago. Kinsinger said there were pedestrian crossing signs put on the Ashland approach to this intersection, one of those is visible and one is obscured behind trees but they do not seem to have a lot of affect. Gabriel Lipper 923-1 Bellview Ave He said he has lived here since 2000. The problem on Bellview Ave is that all of the neighborhood traffic flows down through Bellview and does not go through to Tolman Cr Road like it has been designed to. Bellview has become the thorough fair. There is a construction project on the lowest corner on Bellview offof Siskiyou that has gone through three to four owners during the development of the project. Initially there was discussion about redoing the sidewalks along the corner of Bellview from Siskiyou to Bellivew which some believed would slow traffic. The problem is that Siskiyou is 35 MPH but people tend to go 40-45 MPH and when they turn onto Bellview they accelerate. In over 16 years, he has lost four different cats due to traffic. He said they have had police do traffic calming tests, but traffic slows when police cars are present. He is looking to get results for traffic calming. He thinks a berm corner would be good. He said right now Ravenwood Construction is finishing their job there and initially it was agreed that this sidewalk would be dealt with. Graf asked if he is talking about traffic going up Bellview and turning right. Lipper said yes and going down. NEW BUSINESS None. OLD BUSINESS Vegetation Maintenance Program Fleury said the staff reports include links that Newberry tracked down. The conversations have been about doing public outreach, how to notify citizens of the rules, become more interactive etc. John Peterson has handled this primarily based on complaints, which could take upwards to 30 days to get resolved. He said we need a system that is easy for citizens to use but also easy for staff to use while collecting data from the complaints and be responsive to them. He spoke to the GIS department about a web app that can be used for citizens to upload a complaint from their smartphone or computer that is GPS based. Photos can be attached to these complaints. On the backend, the Transportation Commission September 22, 2016 Page 2 of 6 message will be routed to the right person. These complaints can extend further than complaints just about vegetation issues. It depends on what the Commission's end goal is. Fleury said he will work with Rickey Fite from GIS to develop a demo to bring to the Commission to view. Graf said this sounds like a good idea. Barth said it sounds incredible. He asked how it would work for the unsighted. Fleury said he will find out. He said they would like to start small and then add more features to make it work. First, they are focused on the vegetation and vision clearance. Graf said he would like to state for the record that Newberry is doing this as a private citizen volunteer and not as a representative of the Transportation Commission. Bender said he finds it an issue for people who park vans near street corners. He asked what the laws are for this, in terms of parking a van in the first space. Fleury said there are vision clearance triangle designations for different intersection types and they range from 25 to 20 to 15 ft. back from the intersection itself, to be striped 'no parking'. Within the vehicle code there is another designation that there shall be no parking within 20 ft. from a crosswalk. He said they have made a real effort to stripe and mark no parking zones over the past couple of seasons. Vieville said she would be happy to work with whoever is designing the website so it is readable with a screen reader. Fleury said he would like to get Rickey Fite or Lea Richards here from GIS to show the Commission a draft and also have the commissioners test the website. Vieville said the Citizens Alert website has too many choices and drop downs which is too difficult for a screen reader. Grandview Shared Road Fleury said functionally we are trying to get the improvement done by the end of November which includes the conversion of the 4-way stop at Grandview and Skycrest. Barth asked for clarification on the word 'interim' that keeps being used. Fleury said essentially this is an interim, but an interim final. What has occurred that is different now, is that Susan Wright with Kittleson, a Traffic Engineer, worked on the TSP who was part of the shared road presentation and induction into the TSP, had a conversation with Faught and Kim Parducci on the shared road. A true shared road is not meant to be the whole length of the road, it is to only exist in certain spots based on the sight conditions of the roadway. We will still work with the 18 ft, boundary, but provide refuge along the roadway in certain cases. Wright said with the guardrail there, we should provide 3 ft. of refuge for the length of the guardrail for the safety of all modes. In that section, that is what we are looking for. The 3 ft., 18 ft., and then 3ft., on the inside. The lower section of Grandview, from Ditch Rd to Scenic, will be designed to that same kind of thing; if a guardrail is required because of the slope then the same cross section will be used. If a guardrail is not used, independent spots will be analyzed for refuge and step-offs out of the roadway. Looking to install the automated speed limit signs that warn you with actual speed and there will be a small retaining wall, 3 ft. high, adjacent to where the driveway is now because it is the narrowest point. Amarotico asked if staff is hoping to have the portion from Ditch Rd to around the curve completed by the end of November. Fleury said yes. He said the next thing is to finish the final design for the lower portion and have a public meeting for that. There are storm drainage issues we are currently working on. The storm drain system will require repair at the intersection of Scenic because tree roots have displaced it. FOLLOW UP ITEMS Downtown Parking and Multi Modal Circulation Study Update-Improvement Projects Graf said the important thing is that the Downtown Committee endorsed the super-sharrows through the downtown. This is the last thing that this committee will do. The City Council had their study session and decided that Downtown Committee should carry through the parking part of the study, which lays out in a timeline of what they should do and declare victory. The Downtown Committee will spawn into two committees. One committee will be the parking advisory committee, which will work with the parking manager, if the plan is accepted. The other committee will be the downtown visioning committee, which will look at all aspects of the downtown not including the parking. Graf said his take on this is that this committee will spend time looking at prettier sidewalks and flower baskets and when they get back to the multi-modal part, they will run into the same issues they have now. All of these projects that were presented to us, such as the round-about at Hargadine and Fork St, the beaver slide, the light at Helman, fixing the left turn at Bush St, lights on Lithia Way; now all of these things are passed on to the new downtown visioning committee. He is not clear what will come to the Transportation Commission. A public meeting regarding the proposed parking plan will be held December 1 at the Ashland Hills Hotel & Suites at 5:30 pm. Faught has been Transportation Commission September 22, 2096 Page 3 of 6 working with the Chamber on setting this up. Fleury said the next steps are to solicit engineers to work on the super-sharrows concept. ODOT has to approve whatever we decide to install. We have to figure out where the trucks will park. How do the lack of traffic signals at alternate intersections affect the thoroughfare here with bike, trucks, cars, and pedestrians? The complete system will have to be studied. In addition, there isn't any money to fund this project so we need to get someone on board quickly to develop the project so we can get an idea of how much this will cost so we can put this in the next budget . cycle. Barth asked if these engineering costs would be high. Fleury said we can find money in the budget to start the process right now, but we will not be able to find any money to complete the project right now. Siskiyou Blvd. and Tolman Creek Intersection 4-way Stop Fleury said at the meeting before last the Transportation Commission approved the 44ay stop and then Council approved the recommendation. ODOT has done the conversion. Fleury. said it works fine. Some of the advanced warning signs will be removed eventually. The rubber flapper on the road will also be removed. We are in the process of evaluating curb bump outs to make the crossing distance shorter. Fleury told ODOT they would be looking at changing the intersection configuration to make a shorter crossing distance, change the island to have better truck turning movements, and potentially in front of the school where it is yellow where the right hand turn lane is, restripe it and open it up for more parking. There is a lot of potential for improvement. Barth said that Dan Dorrell from ODOT did not seem to have an issue with the bump outs on the west side of Siskiyou. Fleury said the only problem is actually designing it and meeting ADA grade. On-the south side of the intersection where the school crossing is, where the apartment complex is, if that is bumped out you cannot make the right hand turn onto Siskiyou because of the lane width there. We are looking at the other side to bring that out because the right hand lane is potentially not required because it is a four way stop now. He said these are just concepts we are considering. North Main Crosswalk Analysis/Post Road Diet Analysis Fleury said Kim Parducci did an analysis for this and it meets five of the eight warrants for installation of a signal. It does not meet pedestrian crossings and accident criteria. It looks positive overall for the installation of the signal. In order for her to make a full recommendation she will need to look at what a signal will do for the road diet and N Main as far as queuing through the corridor to Maple St. She wants to run modeling simulations with the signal in place to see what it does to the corridor. She will run the model and give us feedback. We will then have a discussion with ODOT about the parameters of signal installation and what will make the corridor work. Graf said one of the reasons to do the signal is so that you do not have the randomness of a crosswalk and you can time everything so that everyone is crossing at the light, we hope, and not sending pedestrians to stop traffic at a crossing. Fleury said this will be at the final analysis that we will talk about. Amarotico said for the five of eight warrants, what is the golden number. Fleury said he does not know if there is a golden number. Amarotico asked if there was pushback, would five be enough? Fleury said he thinks there are valid reasons outside of the warrant analysis to look at having a signalized intersection. He said Parducci said that right turns do not count as volume movements because you can make a right turn at a stop sign. She thinks that people are not making a left turn there and taking an alternate route or they are going right and doing some sort of U-turn. Having a crosswalk here within the gap distance that we have makes sense. Barth said hopefully this will satisfy the people trying to get to the hospital. Fleury said we are planning to install sidewalk on the north side of Hersey St and the gap areas between Oak and Main St. This will create a fully functional pedestrian corridor on Hersey all the way to the intersection which would be beneficial to have an improvement there instead of walking up or down to cross. Vieville asked when this might be complete. Fleury said bids will be put out in spring of 2017 and constructed in summer of 2017. INFORMATIONAL ITEMS Action Summary-Development of a Task List Fleury said they did the speed study at Hillview. Officer MacLennan has been there and issued speeding tickets. Now the speed trailer will be stationed there by the street department and continue to rotate around the city on a regular basis. Graf asked about things that come up during the meeting and if they will go on the task list or will Fleury have to do Transportation Commission September 22, 2016 Page 4 of 6 some work before it gets on the task list. Fleury said he is comfortable either way. He said he can add it as a task. When the Commission wants something as an agenda item that is when it will be added to the task list. Barth asked about the dusty streets, Laurel and Almond, and what happened to those things. Graf said he has talked to this with Scott, because sometimes staff follows up with things without bringing it to the Commission and sometimes they do not follow up. Citizens get mad because they came to the Commission and made a request but no one followed up. Fleury said that if a citizen comes directly to the Commission to make a request, the Commission should tell staff to follow up with the issue. He said he receives requests from citizens all the time and he follows up independently without bringing it to the Commission. Vieville asked about the Nevada Street Bridge Project. Fleury said Faught has been having meetings with residents in the area and may have one scheduled at Mountain Meadows. He believes the expectation is for it to come back for one big meeting after he has the smaller meetings. Graf said his intent was to give people all the information and the reasons why it is in the TSP. Barth said he has not heard that either. Graf said many of us were not part of the TSP process and have not heard all the rationale, which is why he went to the neighborhood meeting. The people who least want the bridge and least benefit from the bridge on the Oak St side were at the meeting. He has received a lot of email traffic from these residents and Faught was not able to answer all the questions or say what he intended to say about the project at this meeting because of the format. He said one of the things that may be acceptable to the residents is a pedestrian/emergency vehicle bridge. The design that was presented had a 12 ft. ambulance lane down the middle which would have posts that only the ambulance could go through and have two bike lanes on either side. When Faught showed the group, they did not approve. They want a design that is a greenway bridge that an ambulance could drive over. Climate Energy Action Plan Information Fleury said the packet has some general information. Hanks and Rosenthal will come to the next meeting to do a presentation to answer questions regarding the plan. Intersection Repair Fleury said if this is something the Commission wants to be an action item, he will add it to the action list. Amarotico asked if there was an actual repair that needed to be done or if it is just a painting. Fleury said just painting. Amarotico asked if this should this should go to the Arts Commission instead. Fleury said it is in the public right of way on a traveling facility. The Arts Commission deals with the electric boxes, which is not a traveling facility. Part of the thing is safety, is this something that will distract people, which each jurisdiction should look at and evaluate. TGM Grant-TSP Update Fleury said we applied for the TGM grant for the TSP update and for the Siskiyou Blvd safety study. We also put in some of the 2005 transit system analysis for the circulator and improvements in town. We did not receive the grant, which leaves our base money for the TSP update itself. Based on schedule and projects, the update will probably begin in the next budget cycle, which is July 2017 - June 2019. There are many things going on right now that do not warrant doing a TSP update. We have the money budgeted, but it is SDC supported, so we will probably re-budget for the money in the next budget biennium and start the process then. Graf said the earliest would be July 2017. Fleury said yes, but that is not his call, but it is his recommendation. Graf said he does not think the residents of East Nevada will want to wait until July 2017 for the update. Fleury said the bridge action would be independent of the update. Graf asked if in this case, since we are not amending the TSP, we are basically saying we do not think that it has a high enough priority to pursue it and we will revisit it during the TSP update if we decide to not pursue it. At the first neighborhood meeting, which was at Marty Breon's house, no one had anything good to say about the bridge. The fire chief and Paige Townsend from RVTD were also present at the meeting. The idea is to have a lot of citizens to talk about it and then come back to the Commission with a report from staff. We have to decide what we want to do by having another meeting with public testimony but he thinks Faught is doing the neighborhood meetings to decide what staffs recommendations will be. Bender asked if everyone who was directly effected were invited, because in his neighborhood, Faught made sure all effected parties were invited. Graf said to the best of his knowledge he is working with people in the neighborhood to set up the meetings. Some were missed from the invite .and were upset. There are different areas with different interests. Transportation Commission September 22, 2016 Page 5 of 6 Bicycle Friendly Community Application Has been submitted and waiting to hear back. Accident Report Mac Lennan said on Tuesday a bicyclist was struck by an RVTD bus at Ashland and Tolman. He has the full video from the bus, which shows a clear violation from the bicyclist. Showing him approaching and passing the bus that is legally making a right hand turn, he was unsafe passing on the right. He said he thinks that at some of these bigger intersections where the speeds are up, like other cities we could start terminating the bike lane prior to the intersection and moving the bikes out into the travel lane so this does not happen. He thinks what may have happened here is that the bike was electric and the driver may have not been familiar with it or if he is and he panicked. It is clear on the video that he was trying to stop the bike, he is dragging is foot, and the front wheel is trying to lock up, but he was still going full speed into the side of the bus. Two other crashes at Ashland and Tolman. One was at the intersection and one was turning into the Bi-Mart parking lot. He said they seem to be getting quite a few crashes now from people turning left. He has had other crashes where vehicles are backing up in one lane and somebody will flag them through, so cars are backed up in the left lane, while flagging the car in the center left turn lane into the Bi-Mart parking lot, while there is a car passing all the other cars in the right lane and they end up t-boning them. Something that he would like to look at is the truck parking over the creek, prior to entering the plaza on N. Main. He said we really need to get those trucks out of there, He has had several close calls, with vehicles and pedestrians. Pedestrians are blocked and cannot see out, while drivers cannot see the pedestrians. The easiest solution right now is to move the big trucks on the other side of the far east crosswalk. He said he spoke to Faught about it and he told him to bring it up with the Commission. Faught was not sure about the trees. Mac Lennan said we should chop them up another foot because we are talking about vision clearance here. We can enforce the parking over the creek, before entering the plaza crosswalk or on the north crosswalk on N. Main before someone gets hurt. Barth said he uses that crosswalk a lot and he agrees with Mac Lennan. Amarotico asked bow they get the information out to the companies to stop parking there. Mac Lennan said start talking with them. Fleury said previously Faught has met with the trucking industry to talk about loading zones. If that is what the Commission wants then we can have Faught meet with them again. He said there is some initial design that shows a loading zone in that area per the plan. Fleury said he will talk to Faught about this. Making an Impact Newsletter (August/September) None. COMMISSION OPEN DISCUSSION FUTURE AGENDA TOPICS Fleury said there will be a citizen presentation on Glenview at the next meeting. Graf said they would like the entire length of Glenview to be a shared road. Graf asked if the TSP update starts in July 2017 if that means it wouldn't be updated until July 2018. Fleury said yes, probably a 12-month update process. ADJOURNMENT Meeting was adjourned at 8:08 p.m. Respectfully submitted, Kyndra Irigoyen Public Works Administrative Assistant Transportation Commission September 22, 2016 Page 6 of 6 ASHLAND TRANSPORTATION COMMISSION MINUTES November 17, 2016 CALL TO ORDER Graf called the meeting to order at 6:04 pm Commissioners Present: Joe Graf, Corinne Vieville, Danielle Amarotico, Dominic Barth, David Young (6:10pm), and Sue Newberry Commissioners Absent: Alan Bender Council Liaison Present: Stef Seffinger SOU Liaison Present: Janelle Wilson Staff Present: Scott Fleury and Kyndra Irigoyen Staff Absent: Mike Faught and Steve Mac Lennan ANNOUNCEMENTS None, APPROVAL OF MINUTES Approval of October 27, 2016 minutes The minutes were approved as amended. ADJUSTMENTS TO THE AGENDA None. PUBLIC FORUM Louise Shawkat 870 Cambridge St Read from her attached letter. NEW BUSINESS Intersection Repair Fleury said we had citizens come in and give public testimony previously and it seemed there was support to move forward with the project. He asked what components of the program, that are similar to what Portland has, with the permit and process itself, should move forward. He thinks the permit that Portland has in place works relatively well, but needs to be catered to Ashland. We should define what the eligibility requirements are and develop a fee. We currently have a block party permit and a road closure permit. We also need to talk about coordination between the Transportation Commission, the Public Arts Commission, and potentially the Historic Commission if an intersection repair is in a historic district. In the Historic Commission code and the Public Arts Commission code, it has an overlap, that they should have a say or give contribution for this type of public right of way process via art. Fleury said he wants to cater the permit to Ashland and then bring back to the Commission for review. After approval, he will then take it the Public Arts Commission and the Historic Commission to obtain their input. If needed, bring back to the Commission, and finally to Council for approval. Barth asked if the intersection repair was just paint. Fleury said yes. Barth asked if the paint would cause skidding across the road. Fleury said we would have to look into that. Barth asked about a theme, if this was in the historic district. Fleury said that is why he would like to take this to the Historic Commission as well. Fleury said we have citizens coming forward with their own ideas of what it should be. He does not want a commission to control the process, but to offer input on the process itself. Amarotico asked if Fleury saw this as something that would always be brought forward by citizens or if the City would pick an intersection; who is leading this? Fleury said it would be coming from the citizens. In Portland, they must obtain signatures by the people in the neighborhood before the painting can occur, which is part of the permit process. Newberry asked why it is called a repair program, Kat Smith said it is the name of the non-profit organization in Portland. Smith said in Portland, they usually go to a high traffic intersection where they want to slow traffic. Not only is there a mural on the ground, but they have benches, a free Transportation Commission November 17, 2016 Page 1 of 6 library; so they call it intersection repair because they are.doing more than just the mural. Newberry said it just sounds confusing and could be confusing to homeowners and suggested changing the name. Smith said she would like to call it something different. Fleury said he does not have an issue with changing the name. Newberry asked how this works with marked crosswalks. Fleury said if there were marked crosswalks, the art would have to be within the boundaries of the markings. Smith said in Portland they have worked within the confined area of the four crosswalks in an intersection. Graf asked if Fleury was going to give the Commission a draft policy and decide on the fees. Fleury said he will draft a permit, figure out some different names for the project, run it through the legal department, bring it to the Commission to talk about fees and the process of going to the Public Arts and Historic Commissions. Graf asked if we were only thinking of this at intersections or will there need to be policy for an intersection and one for other parts of the street. He asked who is going to pay for it. This group of citizens is paying for it, but once we have a policy in place, will it be in the policy that the citizen group needs to pay for it or will they ask the City to paint it. Fleury said it would be his expectation that whoever brings it forward would pay for the materials needed to facilitate the project. Vieville asked if there will be standards or requirements for the materials used. Fleury said yes, there should be standards for materials used. He believes the permit is on a one year cycle, the group can go back and refresh the mural if needed. Vieville said it should be a requirement that they maintain the art. Seffinger said the Public Arts Commission is currently in the process of changing its public arts mural standards and if you have input before they finalize the plan, it might make some sense. Young said in response to Vieville, he would hate to encumber anyone who wants to do this by attaching requirements for maintenance, it might fade away and that is ok. He said he agrees we need some standards, but we should not push this too far out into the future. He supports this project. Newberry suggested that we have a test case that would give us guidelines for the future. Smith said ideally, they would like to paint it in the summer, they are applying for a grant. Newberry asked if we could have a formalized process before that. Fleury said he thinks we can and if not then we could use this as a pilot process. Newberry said she would like to do this as a pilot. Rachel Gibbs said she has worked on intersection repair projects in Portland. Barbara Massey said she would love to see this project happen in her neighborhood. Amarotico asked Newberry if she was saying to move forward as a pilot project or create standards first and if we cannot create standards fast enough, then move ahead as a pilot project. Newberry said yes, create standards first but if they cannot be created fast enough, then move forward with a pilot project and then create standards. Fleury said he will bring that forward to the other Commissions, that we have a group who is ready to go as a pilot project. Barth asked about the difference between the two Public Works permits that Fleury referred to earlier. Fleury said the right of way closure permit is $202 and the block party permit is $16. Young motioned staff develop the criteria for the intersection repair program. Vieville asked if he could change it to mural instead of repair. Young said what about using the word enhancement. Young mis Vieville staff develop the criteria for the intersection enhancement program. Young suggested that the permit be renewable. All in favor. Graf asked if there will be some kind of neighborhood input at the commission. Fleury said yes. Vegetation Maintenance Program Fleury said Newberry came to meet with Public Works staff and had a meeting to develop a good program. We need to develop a name and how we will market this education program. The things we talked about in our meeting were setting goals and specific strategies to meet these goals. Many of these things revolved around public education, outreach, awareness, and how the public can reach out to the city to report issues. We talked a lot about how to do outreach in the community. We talked about developing brochures, including seasonal information for leaves, snow, and ice. He said that Newberry noticed that in the Community Development building there were not any brochures on the wall about this. We talked about using the leverage of safe routes to school day to develop new stories, public Transportation Commission November 17, 2016 Page 2 of 6 service announcement on JPR, and more updates on the City website. He said that John Peterson, from the streets department was at the meeting, who said it would be good to have one staff person who could go zone by zone to maintain this issue. He does not have staff support to do this right now, only temps during the summer. Fleury said we will be spending some staff time working on our goals and strategies for this program. Newberry said they want to approach this in a systematic way. Barth asked about Fleury's memo referencing the web application. Fleury said it is incomplete at this time. It is going to be an app for your phone where a citizen can report an issue using their location. They can take a picture, upload, and tag their location based on GPS location. The issue will be routed to the appropriate person at the City, who will update the status of the issue. Young said he is concerned about enforcement and informing the homeowners of their responsibilities. Fleury said there is a nuisance ordinance for this. Newberry said this is part of the outreach and education that needs to happen. Young said we should educate people to report on an issue they see. Shawkat asked if this app is a duplication of MyAshland app where you can report issues. Fleury said this app has the same form as we have on the website to report issues. All of the issues are routed to Anne Seltzer who then routes them to the appropriate person. Fleury said he will develop some of these materials and bring it back to the Commission. Seffinger suggested working with the chamber or with rental agencies to include in the rental agreement about some of these issues, so that the renters would know there is this ordinance and they have responsibility. OLD BUSINESS None. FOLLOW UP ITEMS CMAQ Grant Application Fleury said he is in the process of getting the updated estimate for the chip seal grant and then will submit it. After submittal, it goes through a long review process. Fleury and Faught will make presentations to various committees . who will review the grant application. We will probably have an idea of where we stand next summer. Grandview Shared Road Improvements Fleury said we are in the process of converting the upper part he of the road on Grandview into a shared road. We are in the process of ordering the intelligent speed limit signs, general share the road signs, and 15 MPH speed signs. Expecting to be done by the end of December for the upper section. Young asked about the new guardrail. Fleury said they added 20 ft. of new guardrail to protect the transformer there. Amarotico asked where the 15 MPH signs will be posted. Fleury said the only portion that will be a shared road will be from Ditch Rd to the stop sign around the corner. There will be speed signs and share the road signs as you enter that zone. Washington St. Extension Fleury said we have been working for a long time with the Brombachers to secure the connection between Tolman Cr and Washington St. We have developed a site plan for future development. It has been approved by planning. We then went into the right of way acquisition phase. We have agreed to a purchase price that was taken to Council and approved to finalize the acquisition. We will finalize the engineering and permitting for the roadway and bridge. We are hoping to start construction this next summer. The next phase is to obtain funding for the construction of the connection. We have funds to purchase it now. This project is vastly similar to the Jefferson St extension project that occurred about eight years ago. Downtown Supersharrows Fleury said they have contracted with Kittleson to analyze the truck parking issue. He said it is moving forward; he needs to touch base with Kittleson. He said the feasibility analysis should turn around quickly. He said they will have an analysis by the end of the year. INFORMATIONAL ITEMS Task List Transportation Commission November 97, 2016 Page 3 of 6 Graf asked if there is a timeframe for the next phase of study for the Wimer, Hersey, Main St. traffic light. Fleury said yes he needs to touch base with Parducci. He thinks she is close to finalizing a few things. Young asked if we could prioritize some of the items; some have been ongoing for years and items get pushed aside. Fleury said Parducci is also in the process of doing a road diet update report. Newberry said she presumes she will be modeling to see how would it impact it if the existing signals are retained and one is added because that will cue the traffic and add some gaps for the side streets to make right turns. Fleury said yes the scenarios will include those traffic lights working in unison throughout the system if the Hersey and Wimer light was added and the different delays at those signals to facilitate the movements of the through. She will also do a gap study at the critical intersections. Newberry said she hears a lot of complaints that there are not enough gaps in the traffic. She said for the task list, some of these things have different statuses; it might make it easier if Fleury could organize by what is happening or what is due. Young asked when we will move along on this. Fleury said with Parducci's work on the road diet, this is included. He thinks she will be able to wrap this up by January. Newberry said every intersection is a legal crosswalk if it is marked or not, she cannot find anywhere in the City policy when we mark and do not mark crosswalks. As a pedestrian, vehicles will more likely yield when there is a marked crosswalk. She asked if we have a policy of marking crosswalks. Fleury said in general, if we get a request, the MUTCD requires a study to see if a crosswalk should be marked. Newberry said we should have some kind of policy on this. Young said it is dangerous out there. He has walked to the hospital many times and it is a fatality waiting to happen. He thinks it is the biggest glaring hole in the City's transportation infrastructure. He said we have been bringing this up for two or three years. Vieville said a doctor offered to pick her up and drive her across the street because of the danger. Graf said it is clear that this Commission has said we want to have crosswalks. If the decision is not have a light at Hersey and Wimer, there are going to be one or two marked crosswalks that this Commission will insist on putting in. There has to be marked crosswalks that are safe for people to cross. Seffinger said one of the concerns people have addressed to the Council is how to get to the hospital in terms of the road diet slowing people's ability to get to the hospital when it is congested and the ability to turn left at the light. COMMISSION OPEN DISCUSSION Graf reminded everyone of the public meeting to consider the parking strategy at 5:30 pm at the Ashland Hills Hotel. Young said this meeting has not been publicized well to the community. The Chamber and Faught have complete responsibility for this meeting, along with the consultant Rick Williams. There has been no input by the committee. Barth said this seems typical of what happens here and then we get an apology by Faught, but it does not change the fact that something we have been involved in suddenly vanishes or fizzles, is it time to take a conservative look at what we can do and should do. He said we have never been told about this upcoming meeting, the ad-hoc committee was not consulted about it, and if it is strictly a chamber thing, what does that have to with the people of Ashland and the public. Graf said what he knows for sure is that neither Young nor he had input. He has told this body once or twice about this meeting. Barth asked if there is a way to clarify what their mandate truly is and where there is accountability. We have spent time talking about electric shuttles and the Nevada St Bridge, the first meeting was grossly underprepared and there were apologies. Newberry said she spent her Saturday at a workshop for engaging public process. She was disappointed that there was no one from the City there. She said part of her career included public involvement; we do not have a sophisticated way to engage the public in Ashland in the public process. Barth said his concern is that people have expectations that when they present something here, that we have effect on it. Vieville asked about the alleys by the co-op. Fleury said he looked at the site and we could add a 'no right turn' sign at the driveway outlet to keep people from turning there, but some of it will be enforcement. Young said he is a low point in his 20 years on the commission. He feels that we have no input on the agenda. This Commission voted to make the internal circulator a priority. Then all of a sudden we have to revisit the whole thing and now it is dead. He has people contacting him about it and he has nothing to tell them. We are the Transportation Commission and we advise the Council on the transportation issues. He said he fully believes we are being stonewalled from moving ahead and it is frustrating. This never gets on the agenda. He said he says something with a lot less passion than this and is shot down by Faught every time. He said he is tired of it. We have a community of people that have been actively trying to get us to do something. Barth said he thinks he is bringing up a broader, longer-term example of something all too familiar. It can be everything from sidewalks, to the stop sign at N Main, or when Grandview first came up and Faught first said something about it, it is just endemic. He said even on these Transportation Commission November 17, 2016 Page 4 of 6 simple things we do not get that far. He asked how we find out what our role is, is there accountability, and are we spending the time in here to get things done, or is this just a gestor so the City can say we have a committee to listen to people. Graf said our ordinance says that we make recommendations to the Public Works director for some things and it is unclear what those certain things are and we do not have staff to do some of things we want to do. Seffinger asked what their most important issue is right now so she can mention it at the Council meeting. Young said as a body we can vote to recommend to Council and that is we have historically done and now all of a sudden everything goes through the Public Works director first. Seffinger asked if the most important issue was to look at the shuttle. Barth said that was supposed to go to Council to consider the shuttle. Young said it did not go to Council and that was almost six months ago. Graf says he remembers that we first wanted Council to consider an ad-hoc committee for the shuttle and then we decided to look into the TSP to piggyback on the TSP because it was faster than forming a new committee. Young said we have not looked at it since. Vieville said if staff is too overwhelmed to do the research, what prevents citizens from doing the research and presenting it. Young said there is a sense that all the work they do will not result in any action; where is the body that will work with the citizens? Newberry said citizens developing a program, without engaging someone from the City, are in a difficult position. One of the things recommended at the workshop she attended was to start with a steering committee, by bringing people from the City into the citizen process early on. Young said the trolley is in the TSP. It spent months in the Downtown Committee and was not well represented, everyone thought it was too expensive, Consultants from Eugene did a cost analysis of the shuttle program for $1.1 million. Graf said there are questions about what routes are the best and he does not think it can be done for $1.1 million, We have to consider the number of vehicles, how to compete with free parking, and how it will be ran. None of these questions have been answered. The citizens have talked about buying a $300,000 bus and doing a pilot project. Young said it is that kind of thinking that makes it sound like it is not worth pursuing. We need to work out something that is viable with all points of view. He said this has been identified as a priority since 2012. There is record of himself making a request in the Downtown Committee to start the process for this. Vieville asked if we could put this on the agenda for an entire meeting to figure out a plan. Young suggested sponsoring a public forum. Newberry said we are not ready for a public forum; we need to get it on our agenda and talk it through. She asked to put this on the agenda. Graf said we can put it on the agenda but we need specifics to talk about. Barth said we heard from the e-shuttle project on August 28, 2015, he wants to check the minutes for September and October for something specific that sent this to Council. Graf said he does not think it went to Council, he believes we recommended to Council to an ad-hoc committee and we backed off it because of the issue of making an official committee. We talked about doing it though the TSP process because it is already in there with some study money and decided to do the internal circulator piece and then it sort of died. Barth thinks a feasibility study would be great. Graf said we need to figure out who will do the feasibility study. Young said an ad-hoc committee could do this. Newberry said the shuttle is on the list, are we developing an RFP for engineering services? Fleury said when the Commission first discussed moving this forward, he believes that staff came back to the Commission and said that we were in the process of the TGM grant cycle and would like to apply to support the TSP update. We would use the monies we have in SDC funds, to match funding to support the addition of the study for the shuttle as essentially the primary focus of the TSP update. He thinks that in addition to that was the program number five, the transit service program, to expand transit along with refining it with a feasibility of it. He said we did not get the grant so there are no additional funds for that purpose. We would have to reallocate funds for that feasibility study. He said if the Commission wants to have the discussion for the feasibility study, he could bring in the scoping documents to develop the feasibility study RFP. 'Newberry said the feasibility study would replace the phrase on the list `engineering services'. Fleury said that is what we would solicit for but it would be an RFP and the sub caveat of that feasibility study for a shuttle and develop the appropriate scope that someone could respond to. Newberry asked if we have a budget to do a feasibility study. Fleury said he would have to reallocate funds. Young said the general sense in this community is that Public Works never met a consultant that they did not like. So much of the focus is paying consultants to chase money, which is why we had to take an issue onto the ballot to repair our streets. The priorities are skewed. Newberry asked if the RFP was developed. Fleury said no. Newberry said it would be interesting to put together what would be an RFP because it defines the steps that have to be done in order to do a feasibility study and if we could see those things defined, we would be able to decide if that is something we could bring a group of people together to do it. Young asked for this to not be on the December agenda because he will not be here. Graf said January is ok. Fleury said he is hoping to have the report for N Main in the next packet along with the crosswalk analysis. He said Transportation Commission November 17, 2016 Page 5 of 6 he is also working on the crosswalk at Mix and the loading zone issue. He said ODOT gave us money a while ago to redo the ADA ramps within the downtown area, we are working on that currently. Vieville asked if it was possible to put bumps on each side of the intersecting streets for ADA compliance by the path along Siskiyou. Newberry said the path itself is not ADA compliant and it is an ODOT thing. Fleury said he would have to look into it. Young asked when the Nevada St Bridge will come back on the agenda and where it is at. Graf said they are trying to figure out what to do next. He said his understanding is that we will have to approve whatever comes to us. Fleury said the Commission will make a recommendation on an 'option' or'no option' to Council and Public Works will support that or have their own recommendation. FUTURE AGENDA TOPICS TSP update process North Main Crosswalk Analysis/Post Road Diet Analysis Downtown Parking and Multi Modal Circulation Study CIP Budgeting ADJOURNMENT Meeting was adjourned at 8:36 p,m. Respectfully submitted, Kyndra Irigoyen Public Works Administrative Assistant Transportation Commission November 17, 2016 Page 6 of 6 r • 3_ I ~ I r iF f A y ~ ` f d M ti .a- Council Business Meeting June 6, 2017 Title: Sole Source Procurement - Dry Creek Landfill, Inc. From: David Gies Wastewater Treatment Plant Supervisor David.gies@ashland.or.us _ Summary: Approval is being requested for a Sole Source Procurement exceeding $100,000. This Sole Source Procurement will allow the Wastewater Treatment Plant to directly award a contract to Dry Creek Landfill for the disposal of biosolids. The term for this "Sole Source Procurement" began on July 1, 2017 and will expire on June 30, 2018. Actions, Options, or Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the public contract award to Dry Creek Landfill for the disposal of biosolids Staff Recommendation: Staff recommends the public contract be awarded to Dry Creek Landfill. Resource Requirements: Funds are budgeted each fiscal year for the disposal of biosolids. Dry Creek Landfill has provided a rate of $53.20 per ton with a minimum charge of $300 per load. The estimate for FY 2018 is 4,000 tons at a cost of $53.20 per ton for a total cost of $212,800 Policies, Plans and Goals Supported: N/A Background and Additional Information: The WWTP operates under a DEQ permit and the biosolids that are generated at the plant are required to be disposed of in a manner that meets all federal and state regulations on a daily basis: The closest local and approved disposal site for biosolids in the Rogue Valley is Dry Creek Landfill. The staff at the WWTP is continually focused on efficiency and consistency in the biosolids drying process to ensure a drier product thereby reducing the weight and effectively reducing the overall cost of disposing biosolids. Attachments: Dry Creek Landfill, Inc. Rate Sheet Effective July 1, 2017 Page I of 1 CITY OF -ASHLAND eaw OMB Nut- Municipal Solid Taste AIENDIQTM CHANGE $300.00 peach load genera! 'yea -Ji pos San PT ti L~i@44~ Contaminated Soil $ 53.20 per ton Asbestos $ 66.50 per cubic yard - - - -prepaid Asbestos Bags - - $-x5:50 per -set - - Animals Small Animals (sheep, goat) $20.50 Disposal $20.50 first animal / $10.25 each additional Large Animals (horse, cove) $41.00 Disposal $41.00 first animal / $20.50 each additional Financial Returned Check Charge $25.00 each check Council Business Meeting July 18, 2,017' Title: Approval of Radio Maintenance Agreement with Day Wireless From: .Tighe O'Meara Police Chief David Shepherd Fire Chief Tighe. omeara(a_ash land. or. us David. Shepherd (.ashland. or.us Summary: Staff is seeking approval of a maintenance agreement with Day Wireless for our portable and mobile radios for the police department, and a similar agreement for mobile radios for the fire department. Actions, Options, or Potential Motions: I move that Council approve a maintenance agreement with Day Wireless for maintenance of the Ashland Police Department's portable and mobile radios in the amount of $7,830 as well as a similar agreement between AFR and Day Wireless for $2,436. Staff Recommendation: Staff recommends that Council approve both maintenance agreements. Resource Requirements: This maintenance agreement costs APD $7,830 and AFR $2,436 and these funds are budgeted for in the approved FY 2018 budget. Policies, Plans and Goals Supported: N/A Background and Additional Information: Both the police department and fire department operate radio systems that utilize both portable and mobile radios. These radios serve as a critical link between members of the departments and dispatch. These radio systems serve as the communications backbone of the departments' daily and emergency operations and it is imperative that they be maintained. Day Wireless has been maintaining these radio systems, as well as the county's overall system for some time. Day Wireless has the necessary experience and expertise to continue to maintain this equipment. Attachments: Maintenance Agreement with Day Wireless for police Maintenance Agreement with Day Wireless for fire Page. lof 1 CITY OFF -AS H LAND E i MAINTENANCE AGREEMENT' IL Iff DAY~~ www.daywireless.com WIRELESS SYSTEMS a. ® 03 ❑ 13 ❑ 18 FCC LICENSEE ❑ 04 ❑ 15 ❑ 20 a ❑11 ❑16 ❑ z CUSTOMER NO. SHOP NO. 5038 0331 g AGREEMENT DATE CONTRACT NO. r G 06/2112017 1735-00 COMPANY NAME DATE MAINTENANCE BEGINS TAX ASHLAND, CITY OF 07/01/2017 NA p ADDRESS DATE MAINTENANCE ENDS STATE 20 E MAIN ST 06/3012018 OR i CITY STATE ZIP NEGOTIATED BY. COUNTY CODE a ASHLAND OR 97520 CE 80 ❑ NEW ❑ SUPERSEDE ® ADD/UPDATE ❑ DELETE ❑ CANCEL. BILLING PERIOD ❑ MONTHLY ® QUARTERLY ❑SEMI ANNUAL ❑ ANNUAL I . n v NO. DESCRI~ e UNITS • { 1 OTHER 168 ASHLAND p 0 69 P.D. PORTABLE RADIOS 268 7.25 500.25 E 21 P.D. MOBILE RADIOS 269 7.25 152.25 I I< a f 6 201712018 MAINTANENCE AGREEMENT TOTAL COST $7830 AGREEMENT COVERS REPAIR LABOR AND ANNUAL FOR ONE YEAR PM FOR CITY OF ASHLAND POLICE MOBILE & CONTRACT PORTABLE RADIOS ONLY -REPAIR PARTS OR "FLAT 201712018 RATE REPAIR" EXCLUDED FROM AGREEMENT. THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE , CLIENT D R FCC LICENSEE DATE 06/2112017 WITNESS WITNESS R r CALVIN EMIGH I r, ] G z a i. f AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE NOTE; Make sure the second page is initialed by the customer. DAY WIRELESS SYSTEMS MAINTENANCE AGREEMENT n TERMS & CONDITIONS i> 1. DEFINITIONS. "DWS" shall mean Day Wireless Systems. "Licensee" allowance based on the monthly maintenance fee for the time such shall mean and apply to the FCC Licensee, or the User, or the Purchaser of interruption or interference is attributable to the fault of DWS. j the equipment to be maintained by the terms of this agreement. 9. FORCE MAJEURE. DWS shall not be responsible for any damages, 2. PERFORMANCE OF MAINTENANCE. DWS agrees to provide delay in performance or failure to perform under this Agreement if such { maintenance (as defined below) for the Licensee of the equipment described damage, delay in performance, or failure to perform is caused by any acts or on the previous page of this agreement beginning and ending on the dates omissions of Licensee, fire, strike, or other labor disputes, embargo, indicated in consideration of Licensee's payment of the monthly maintenance government regulations or requirements (legislative, judicial, military or charges, Maintenance shall include the labor and parts required to repair otherwise), power failure, electrical power surges or current fluctuations, r equipment, which has become defective through normal wear and usage, lightning strike, flood war; water, the elements, or other forces of nature, 3. MAINTENANCE STANDARDS. delays or failures of transportation, equipment shortages, suppliers' failures I' a. The equipment will be maintained by DWS in accordance with or other causes beyond its reasonable control, whether or not similar to the l these standards: (1) Motorola parts of equal quality will be used; (11) oil, water, foregoing. dust and foreign substances will be removed from the equipment; (111) the 10. AUTOMATIC RENEWAL. After the "Date Maintenance Ends" indicated equipment will not be subject to mechanical abuse; (IV) the equipment will be on the previous page of this agreement, this agreement shall continue for 1 maintained at the levels necessary to provide the required communication; successive additional periods of1 month, provided that either DWS or the (V) routine maintenance procedures will be followed; and (VI) all Licensee may terminate this agreement on the "Date Maintenance Ends" or maintenance work will be done by qualified technicians. The equipment will thereafter upon 30 days written notice to the other party sent by certified mail be inspected and adjusted periodically and as often as required. to the address indicated herein. ; Maintenance service does not insure uninterrupted operation of the 11. WAIVER. Failure or delay on the part of DWS to exercise any right, ! equipment. power, or privilege hereunder shall not operate as a waiver thereof. b. . EXCEPT FOR THE FOREGOING, DWS MAKES NO OTHER 12. PRIOR NEGOTIATIONS, This contract constitutes the entire agreement WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED of the parties hereto and shall supersede all prior offers, negotiations, and WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR agreements. PURPOSE. 13. AMENDMENT. No revision of this agreement shall be valid unless 4. TIME AND PLACE OF MAINTENANCE WORK. Maintenance work on made in writing and signed by a General Manager or corporate officer of the base station and other fixed equipment shall be performed at the location DWS and an authorized agent of the Licensee. of the equipment, and the Licensee shall furnish heat, light, and power at the 14. CONTROLLING LAW. The parties agree that the terms of this locations. Mobile units and removable equipment shall be delivered by the Agreement shall be interpreted in accordance with the laws of the state of Licensee to the place of service indicated on the previous page of this Oregon. Licensee agrees that venue of any action to enforce this Agreement _ agreement. shall be In Multnomah County, Oregon. 5. EXCLUSIONS. 15. WAIVER OF BREACH. The waiver by DWS of any term under this a. This agreement does not include maintenance of any transmission Agreement is not a waiver of any other term or the waiver of the same term S line, antennas, tower, or tower lighting, unless such work is described on the at any other time. previous page of this agreement, such maintenance may be furnished upon 16. NOTICES. Any notice required or permitted to be given under any of the 'i request at mileage, materials, and labor rates prevailing at the time of each provisions of this Agreement or governing law shall be given In writing and I' call. either hand delivered or sent by certified first class mail, postage prepaid, to it b. Maintenance does not include the repair or replacement of the Licensee's address on the face of this Agreement and to DWS at 4700 l equipment which has otherwise become defective, including, but not limited SE International Way, Milwaukie, OR 97222. to, damage caused by accidents, physical abuse or misuse of the equipment, 17. ATTORNEYS' FEES. In the event DWS retains an attorney to compel f acts of God, fires, and does not include extensive maintenance or compliance with the terms of this Agreement, DWS shall be entitled to replacement of equipment due to interference, intermodulation, or other recovery attorneys' fees, collection costs Incurred, and any other associated ;I degrading signals causing poor service that the equipment is not designed to fees and charges. reject. 18. SEVERABILITY. If any portion of this Agreement is declared invalid, the it ies. it 6. PAYMENT. remainder of this Agreement shall continue to be binding upon the part a. DWS shall invoice Licensee on a monthly, quarterly, semi annual 19. ENTIRE AGREEMENT. This Agreement constitutes the entire or annual basis for all amounts due under this agreement. Licensee agrees Agreement between Licensee and DWS. This Agreement may be amended is that payment shall be made in ten (10) days after the date of the invoice. only by written instrument executed by both parties. b. Each Invoice shall be due and payable whether or not the 20. LIMITATION OF LIABILITY. In no event shall DWS be responsible to equipment is operating, and DWS may terminate this agreement by giving the Licensee for any indirect, special or consequential damages or lost profits v Licensee ten (10) days notice by certified mail if the Licensee defaults in its arising out of or related to this Agreement or the performance or breach K payment to DWS. thereof. DWS's liability to the Licensee, if any, shall in no event exceed the 7. FCC RECORDS. Application and statements of fact when required by total amount paid hereunder to DWS by the Licensee. the Federal Communications Commission must be subscribed and sworn to by the Licensee, and the Licensee is responsible for meeting FCC requirements. However, DWS will provide the Licensee with forms, advice, and technical assistance, including frequency, modulation and power measurements, to aid in meeting those requirements. 8. INTERRUPTION OF SERVICE. The Licensee shall notify DWS in the s event of the failure or malfunction of the unit. If DWS fails to repair the unit within a reasonable time, the Licensee shall notify the Headquarters Office in, if writing. After said notice from the Licensee to the Headquarters Office, DWS f shall be liable for any interruption or interference affecting the use of or DAY.'- transmission through the equipment maintained to the extent of a pro rate WIRELESS SYSTEMS s r d 3 • q C CUSTOMER INITIAL DATE f M1 'l l I[ li r f I I y `I k . ie is i li C r i? y v. I! Y 3 3 i i l , MAINTENANCE AGREEMENT Y www.daywireless.com x D, WIRELESS SYSTEMS ®03 ❑13 ❑1.8 FCC LICENSEE ❑ 04 ❑ 15 ❑ 20 ❑ 11 ❑ 16 ❑ CUSTOMER NO. SHOP NO. 5038 0331 a AGREEMENT DATE CONTRACT NO. 06/22/2017 1735-00 COMPANY NAME DATE MAINTENANCE BEGINS TAX 5 -ASHLAND, CITY OF 07101/2017 NA ADDRESS DATE MAINTENANCE ENDS STATE 20 E MAIN ST 06/3012018 OR CITY STATE ZIP NEGOTIATED BY COUNTY CODE K ASHLAND OR 97520 CE 80 ❑ NEW ❑ SUPERSEDE ® AQD/UPDATE ❑ DELETE ❑ CANCEL t I BILLING PERIOD ❑ MONTHLY ® QUARTERLY ❑SEMI ANNUAL ❑ ANNUAL 1 OTHER 168 ASHLAND 0 0 28 FIRE MOBILE RADIOS 268 7.25 203 2017-2018 MAINTANENCE AGREEMENT TOTAL COST $2436 AGREEMENT COVERS REPAIR LABOR AND ANNUAL FOR ONE YEAR PM FOR CITY OF ASHLAND FIRE MOBILE RADIOS CONTRACT. ONLY -REPAIR PARTS OR "FLAT RATE REPAIR" 2017/2018 EXCLUDED FROM AGREEMENT. THE TERMS AND CONDITIONS OF THIS MAINTENANCE AGREEMENT ARE PRINTED ON THE SECOND PAGE 15 7FCCLICENSEE DATE 06/22/2017 WITNESS CALVIN EMIGH ii E i i AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE NOTE: Make sure the second page is initialed by the customer. DAY WIRELESS SYSTEMS MAINTENANCE AGREEMENT. TERMS & CONDITIONS 'i 1. DEFINITIONS. "DWS" shall mean Day Wireless Systems. "Licensee" allowance based on the monthly maintenance fee for the time such i shall mean and apply to the 1=CC Licensee, or the User, or the Purchaser of interruption or interference is attributable to the fault of DWS. i the equipment to be maintained by the terms of this agreement. 9. FORCE MAJEURE, DWS shall not be responsible for any damages, 2. PERFORMANCE OF MAINTENANCE. DWS agrees to provide delay in performance or failure to perform under this Agreement if such s maintenance (as defined below) for the Licensee of the equipment described damage, delay in performance, or failure to perform is caused by any acts or on the previous page of this agreement beginning and ending on the dates omisslons of Licensee, fire, strike, or other labor disputes, embargo, indicated in consideration of Licensee's payment of the monthly maintenance government regulations or requirements (legislative, judicial, military or s charges. Maintenance shall include the labor and parts required to repair otherwise), power failure, electrical power surges or current fluctuations, equipment, which has become defective through normal wear and usage. lightning strike, flood war, water, the elements, or other forces of nature, 3. MAINTENANCE STANDARDS. delays or failures of transportation, equipment shortages, suppliers' failures a. The equipment will be maintained by DWS in accordance with or other causes beyond its reasonable control, whether or not similar to the I these standards: (1) Motorola parts of equal quality will be used; (II) all, water, foregoing. r dust and foreign substances will be removed from the equipment; (III) the 10. AUTOMATIC RENEWAL. After the "Date Maintenance Ends" indicated equipment will not be subject to mechanical abuse; (IV) the equipment will be on the previous page of this agreement, this agreement shall continue for maintained at the levels necessary to provide the required communication; successive additional periods of 1 month, provided that either DWS or the 5- (V) routine maintenance procedures will be followed; and (VI) all Licensee may terminate this agreement on the "Date Maintenance Ends" or maintenance work will be done by qualified technicians. The equipment will thereafter upon 30 days written notice to the other party sent by certified mail It be inspected and adjusted periodically and as often as required, to the address indicated herein. Maintenance service does not insure uninterrupted operation of the 11. WAIVER. Failure or delay on the part of DWS to exercise any right, equipment. power, or privilege hereunder shall not operate as a waiver thereof. b. EXCEPT FOR THE FOREGOING, DWS MAKES NO OTHER 12. PRIOR NEGOTIATIONS. This contract constitutes the entire agreement WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED of the parties hereto and shall supersede all prior offers, negotiations, and WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR agreements. PURPOSE. 13. AMENDMENT. No revision of this agreement shall be valid unless 4. TIME AND PLACE OF MAINTENANCE WORK. Maintenance work on made in writing and signed by a General Manager or corporate officer of the base station and other fixed equipment shall be performed at the location DWS and an authorized agent of the Licensee. rt of the equipment, and the Licensee shall furnish heat, light, and power at the 14. CONTROLLING LAW. The parties agree that the terms of this locations. Mobile units and removable equipment shall be delivered by the Agreement shall be Interpreted in accordance with the laws of the state of Licensee to the place of service indicated on the previous page of this Oregon. Licensee agrees that venue of any action to enforce this Agreement k agreement. shall be in Multnomah County, Oregon. 5. EXCLUSIONS. 15. WAIVER OF BREACH. The waiver by DWS of any term under this a. This agreement does not include maintenance of any transmission Agreement is not a waiver of any other term or the waiver of the same term fr line, antennas, tower, or lower lighting, unless such worts is described on the at any other time. previous page of this agreement, such maintenance may be furnished upon 16. NOTICES. Any notice required or permitted to be given under any of the request at mileage, materials, and labor rates prevailing at the time of each provisions of this Agreement or governing law shall be given in writing and call. either hand delivered or sent by certified first class mall, postage prepaid, to b. Maintenance does not include the repair or replacement of the Licensee's address on the face of this Agreement and to DWS at 4700 equipment which has otherwise become defective, including, but not limited SE International Way, Milwaukie, OR 97222. to, damage caused by accidents, physical abuse or misuse of the equipment, 17. ATTORNEYS' FEES. In the event DWS retains an attorney to compel acts of God, fires, and does not include extensive maintenance or compliance with the terms of this Agreement, DWS shall be entitled to replacement of equipment due to interference, intermodulation, or other recovery attorneys' fees, collection costs incurred, and any other associated degrading signals causing poor service that the equipment is not designed to fees and charges. t reject. 18. SEVERABILITY, If any portion of this Agreement is declared invalid, the 6. PAYMENT. remainder of this Agreement shall continue to be binding upon the parties. a. DWS shall invoice Licensee on a monthly, quarterly, semi annual 19. ENTIRE AGREEMENT, This Agreement constitutes the entire ;I or annual basis for all amounts due under this agreement. Licensee agrees Agreement between Licensee and DWS. This Agreement may be amended that payment shall be made in ten (10) days after the date of the invoice, only by written instrument executed by both parties. b. Each invoice shall be due and payable whether or not the 20. LIMITATION OF LIABILITY. In no event shall DWS be responsible to ) equipment is operating, and DWS may terminate this agreement by giving the Licensee for any indirect, special or consequential damages or lost profits Licensee ten (10) days notice by certified mail if the Licensee defaults in its arising out of or related to this Agreement or the performance or breach payment to DWS. thereof. DWS's liability to the Licensee, if any, shall in no event exceed the. 7. FCC RECORDS. Application and statements of fact when required by total amount paid hereunder to DWS by the Licensee. } the Federal Communications Commission must be subscribed and sworn to by the Licensee, and the Licensee is responsible for meeting FCC requirements. However, DWS will provide the Licensee with forms, advice, z and technical assistance, including frequency, modulation and power !I measurements, to aid in meeting those requirements, 8. INTERRUPTION OF SERVICE. The Licensee shall notify DWS in the R event of the failure or malfunction of the unit. If DWS fails to repair the unit - is within a reasonable time, the Licensee shall notify the Headquarters Office in writing. After said notice from the Licensee to the Headquarters Office, DWS DA A shall be liable for any interruption or interference affecting the use of or transmission through the equipment maintained to the extent of a pro rate W f ii E t E S S SYSTEMS t i~ ij u 5 CUSTOMER INITIAL DATE r; i s r y f x 6 S' Y J f P~ Y Y I n C it t d F s j Council Business Meeting July 18, 2017 Title: Contract for Legal Services for Douglas M. McGeary From: David H. Lohman Ashland City Attorney david.lohman@ashland. or. us Summary: Staff recommends Council approve a new contract for legal services with Douglas M. McGeary for an amount covering fiscal year 2017-2018, not to exceed $120,000. These funds are budgeted for contracting to provide the functions of an assistant city attorney, and Mr. McGeary has provided excellent part-time, hourly legal services at a discounted rate under a Personal Services Contract since January, 2011. Actions, Options, or Potential Motions: Motion to approve the Legal Services Contract of Douglas M. McGeary through fiscal year 2017-2018, not to exceed $120,000. Staff Recommendation: . Staff requests Council approve the legal services contract with Douglas M. McGeary through fiscal year 2017-2018, in an amount not to exceed $120,000. Resource Requirements: Since 2011, the Legal Department has regularly shifted funds budgeted for the Assistant City Attorney position from its budgeted Personal Services line item over to the contract services sub-item of its Materials and Services budget line item in order to compensate Mr. McGeary on an hourly basis to provide part-time legal services. It is now expected that the Assistant City Attorney staff position will be filled early in FY 2017 and that only a small portion of the "not to exceed" amount in this contract will be needed to pay Mr. McGeary's hourly fees. The unused portion of the amount within the ceiling set in this contract with Mr. McGeary will be used instead to pay the salary of a new full-time Assistant City Attorney. Policies, Plans and Goals Supported: N/A BacklZround and Additional Information: The City Attorney's office has successfully utilized part-time contract attorney Douglas M. McGeary since January 2011. Mr. McGeary's experience and legal services have been instrumental in efficiently handling the municipal court cases, along with various city contracts and compliance issues. The proposed contract would allow the City Attorney's office to continue to employ Douglas McGeary, providing up to twenty hours of work per week, until Assistant City Attorney position is filled and then providing limited supplemental assistance during a transition period. Page 1 of 2 CITY OF -ASHLAND AMC 2.50.120.A.1 - Personal Services Class Exemption for Attorney Services. A.1.Class Exemption - Attorney Services. Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $50,000 prior to entering into the contract. In addition, except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council. Attachments: Legal Services Contract for Douglas McGeary Page 2 of 2 CITY OF -ASHLAND PERSONAL SERVICES CONTRACT extinguish or prejudice City's right to enforce this contract with respect to: (a) any breach of a Contractor warranty; or (b) any default or defect in This contract is between City of Ashland, a political subdivision of the Contractor's performance that has not been cured. State of Oregon, hereinafter called "City", and Contractor hereinafter called "Contractor". The parties agree as follows: 5. Contract Documents: This contract between the parties consists of this Personal Services Contract, Scope of Work (Exhibit A), General 1. Contractor's information: Conditions (Exhibit B) Compliance with Applicable Laws (Exhibit C) and the following attached documents, if checked, which contain all the NAME (tax filing): Douglas M. McGeary, Attorney at Law terms and conditions of the contract and are incorporated by this reference: ❑ Exhibit D Supplementary Conditions ADDRESS: 2 N. Oakdale Ave, Medford, OR 97501 ❑ Exhibit E Required Federal Terms and Conditions doug@douglasmmcgeary.com CITIZENSHIP, if applicable: 6. Amendments: The terms of this contract shall not be waived, altered, Non-resident alien ❑ Yes X No modified, supplemented or amended, in any manner whatsoever, except by BUSINESS DESIGNATION (check one): written instrument signed by the parties. ❑ Corporation Z General Partnership IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY ❑ Limited Partnership ❑ Govemmental/Non-Profit AUTHORIZED REPRESENTATIVES HAVE SIGNED THIS ❑ Limited Liability Company ❑ Limited Liability Partnership CONTRACT: X Sole Proprietorship Federal Tax ID#: Contractor Douglas M. McGeary (Date) F Feder Title: Attorney at Law N/A (Contractor must provide Contractor's Social Security Number unless it provides a federal TED number). Oregon Business License#: N/A City of Ashland, City Administrator (Date) 2. Description of Contractor's Services, Delivery Schedule and CERTIFICATIONS/REPRESENTATIONS: Contractor, under Compenstation: Z ExhibitA Scope of Work penalty of perjury, certifies that (a) the number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it and 3. Compensation by City: Payment for all work performed under this (b) Contractor is not subject to backup withholding because (i) it is exempt contract shall be made as set forth below from available and authorized from backup withholding or (ii) it has not been notified by the Internal City funds, and shall not exceed the maximum sum of Payment for all Revenue Service (IRS) that it is subject to backup withholding as a result work performed under this contract shall not exceed the maximum sum of: of a failure to report all interest or dividends, or (iii) the IRS has notified it See Exhibit A. Travel and other expenses of the Contractor shall not be that it is no longer subject to backup withholding. Contractor further reimbursed by City unless specifically provided herein as a supplementary represents and warrants to City that (a) it has the power and authority to condition. enter into and perform the work, (b) the Contract, when executed and a. Interim payments shall be made to Contractor following City's delivered, shall be a valid and binding obligation of Contractor review and approval of billings submitted by Contractor. Contractor will enforceable in accordance with its terms, (c) the work under the Contract also submit copies of other billings for work performed under the contract shall be performed in accordance with the highest professional standards, when such bills are to be paid by other parties. These other billings are and (d) Contractor is qualified, professionally competent and duly licensed not subject to the maximum compensation amount of this contract. to perform the work. Contractor also certifies under penalty of perjury b. Contractor shall not submit billings for, and City will not pay, any that its business is not in violation of any Oregon tax laws, and it is a amount in excess of the maximum compensation amount of this contract, corporation authorized to act on behalf of the entity designated above and including any travel and other expense when noted below. If the authorized to do business in Oregon or is an independent contractor as maximum compensation amount is increased by amendment of this defined in the contract documents, and has checked four or more of the contract, the amendment must be fully effective before Contractor following criteria: performs work subject to the amendment. Contractor shall notify City's X (1) I carry out the labor or services at a location separate from my supervising representative in writing 30 calendar days before this contract residence or is in a specific portion of my residence, set aside as the expires of the upcoming expiration of the contract. No payment will be location of the business. made for any services performed before the beginning date or after the X (2) Commercial advertising or business cards or a trade association expiration date of this contract. This contract will not be amended after membership are purchased for the business. the expiration date. X (3) Telephone listing is used for the business separate from the c. Contractor shall submit bi-weekly billings for work performed. The personal residence listing. billings shall describe all work performed with particularity, by whom and X (4) Labor or services are performed only pursuant to written on the date it was performed, the number of hours spent performing such contracts. work, and shall itemize and explain all expenses for which reimbursement X (5) Labor or services are performed for two or more different is claimed. Billings shall be sent to the supervising representative. persons within a period of one year. X (6) I assume financial responsibility for defective workmanship or 4. Effective Date and Duration: This Contract shall become effective for service not provided as evidenced by the ownership of performance on duration from June 30, 2017 or the date this Contract is fully executed bonds, warranties, errors and omission insurance or liability insurance and approved as required by applicable law. Unless earlier terminated or relating to the labor or services to be provided. extended, this contract shall expire on No Specified Date, or when Contractor's completed performance has been accepted by City, whichever event occurs first. However, such expiration shall not Contractor Douglas M. McGeary (Date) Exhibit A SCOPE OF WORK Description of Contractor's Services, Delivery Schedule and Consideration: Provide legal advice and/or services in areas of D. Attendance at any City Council meetings, and municipal law to assigned city departments, and other meetings as necessary. mayor and city council. $120.00/hour, no retainer. Rate: E. Monitor pending and current State and A. Review, charge and prosecute municipal Federal legislation and case law as appropriate. criminal and code violations. No charge. $95.00/hour, no retainer: Travel is charged at $30/hour for any travel exceeding one half hour and is charged in lieu of standard legal B. Routine legal advice, consultation and services rate. opinions of the City Council and staff, $95.00/hour, no retainer. After six month from effective date of contract, Contractor reserves opportunity to adjust its rates. C. Assistance in the preparation and review of Hours: ordinances, resolutions, agreements, contracts and related documents: Contractor's hours shall not exceed twenty (20) hours a $95.00/hour, no retainer. week unless first notifying city or interim city attorney and additional time is approved. Total Contract not to exceed $120,000.00 Exhibit B GENERAL CONDITIONS appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or 1. Independent Contractor; Responsibility for Taxes and iii. If any license or certificate required by law or regulation to be held by Withholding; Retirement System Status: Contractor to provide the services required by this contract is for any a. Contractor shall perform the work required by this contract as an reason denied, revoked, suspended, or not renewed. independent contractor. Although the City reserves the right (i) to d. For Default or Breach. determine (and modify) the delivery schedule for the work to be i. Either City or Contractor may terminate this contract in the event of a performed and (ii) to evaluate the quality of the completed performance, breach of the contract by the other. Prior to such termination the party the City cannot and will not control the means or manner of the seeking termination shall give to the other parry written notice of the Contractor's performance. The Contractor is responsible for determining breach and intent to terminate. If the parry committing the breach has not the appropriate means and manner of performing the work. entirely cured the breach within 15 days of the date of the notice, or within b. The Contractor represents and warrants that Contractor (i) is not an such other period as the party giving the notice may authorize or require, employee of City of Ashland, Oregon, (ii) is not currently employed by then the contract may be terminated at any time thereafter by a written the Federal Government, and (iii) meets the specific independent notice of termination by the party giving notice. contractor standards of ORS 670.600, as certified on the foregoing ii. Time is of the essence for Contractor's performance of each and Certification Statement for Corporation or Independent Contractor. every obligation and duty under this contract. City, by written notice to Contractor is not an "officer", "employee", or "agent" of the City, as those Contractor of default or breach, may at any time terminate the whole or terms are used in ORS 30.265. any part of this contract if Contractor fails to provide services called for by c. Contractor shall be responsible for all federal or state taxes this contract within the time specified herein or in any extension thereof. applicable to any compensation or payments paid to Contractor under this iii. The rights and remedies of City provided in this subsection d are not contract and, unless Contractor is subject to backup withholding, City will exclusive and are in addition to any other rights and remedies provided by not withhold from such compensation or payments any amounts(s) to law or under this contract. cover Contractor's federal or state tax obligations. Contractor is not e. Obligation/Liability of Parties. Termination or modification of this eligible for any federal Social Security, unemployment insurance, or contract pursuant to subsections a, b or c above shall be without prejudice workers' compensation benefits from compensation or payments paid to to any obligations or liabilities of either party already accrued prior to such Contractor under this contract, except as a self-employed individual. termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to 2. Subcontracts and Assignment: Contractor shall not enter into any subsections a, b, c or d of this section 6 Contractor shall immediately cease subcontracts for any of the Work required by this Contract or assign or all activities under this contract, unless expressly directed otherwise by transfer any of its interest in this Contract without City's prior written City in the notice of termination. Further, upon termination,. Contractor consent. Any proposed use of a subcontractor which is located outside the shall deliver to City all contract documents, information, works-in- United States or use of subcontract labor or facilities located outside the progress and other property that are or would be deliverables had the United States must be called to the specific attention of City. City's contract been completed. City shall pay Contractor for work performed consent to any subcontract shall not relieve Contractor of any of its duties prior to the termination date if such work was performed in accordance or obligations under this Contract. with the Contract. 3. Successors and Assigns: Neither party shall subcontract, assign or 7. Records Maintenance; Access; Ownership of Work Product; transfer its interest in this Contract without the express written consent of License: the other party, and such consent shall not be unreasonably withheld. In a. Records Maintenance: Access. Contractor shall maintain records addition to any other provisions, Contractor shall include in any permitted pertinent to this contract in such a manner as to clearly document subcontract under this Contract a requirement that the subcontractor be Contractor's performance hereunder. Contractor acknowledges and agrees bound to the same provisions herein as if the subcontractor were the that City and its duly authorized representatives shall have access to such Contractor. The provisions of this Contract shall be binding upon and shall fiscal records and to all other books, documents, electronic files, papers, inure to the benefit of the parties hereto, and their respective successors plans and writings of Contractor that are pertinent to this contract for the and assigns. Consent of City given to a subcontractor does not relieve the purpose of performing examinations and audits, and making excerpts and Contractor of any obligations and responsibilities under this Contract, transcripts. Contractor further acknowledges records generated as a result including Contractor's responsibility for any goods and services to be of this Contract may be subject to disclosure pursuant to the Oregon Public provided by any subcontractor. Records Act. b. Ownership of Work Product: License. All work products of the 4. No Third Party Beneficiaries: City and Contractor are the only Contractor that result from this contract ("the work products") are the parties to this contract and are the only parties entitled to enforce its terms. exclusive property of the City. In addition, if any of the work products Nothing in this contract gives, is intended to give, or shall be construed to contain intellectual property of the Contractor that is or could be protected give or provide, any benefit or right, whether directly, indirectly or by federal copyright, patent, or trademark laws, or state trade secret laws, otherwise, to third persons unless such third persons are individually Contractor hereby grants City a perpetual, royalty-free, fully paid-up, identified by name herein and expressly described as intended nonexclusive and irrevocable license to copy, reproduce, deliver, publish, beneficiaries of the terms of this contract. perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so, all such work products, including but not limited to any 5. Funds Available and Authorized: City has sufficient funds information, designs, plans or works provided or delivered to the City or currently available and authorized for expenditure to finance the costs of produced by the Contractor under this contract. this contract within the City's fiscal year budget. 8. Compliance with Applicable Law: Contractor shall comply with all 6. Termination: federal, state and local laws and ordinances applicable to the work under a. Mutual Consent. This contract may be terminated at any time by this contract, including, without limitation, the provisions of ORS mutual consent of both parties. 279B.220, 279B.230, and 279B.235, and as well as other statutes as set b. Parties' Convenience. This contract may be terminated at any time forth in the attached Compliance With Applicable Law, which is by this by either Party upon 30 days' notice in writing and delivered by certified reference made a part hereof: Without limiting the generality of the mail or in person. foregoing, Contractor expressly agrees to comply with: (i) Title VI of the c. For Cause. City may terminate or modify this contract, in whole or Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; in part, effective upon delivery of written notice to Contractor, or at such (iii) the Americans with Disabilities Act of 1990 (Pub L No. 101-336), later date as may be established by City, under any of the following ORS 659A.142, and all regulations and administrative rules established conditions: pursuant to those laws; and (iv) all other applicable requirements of federal, i. If City funding from federal, state, or other sources is not obtained state and local civil rights and rehabilitation statues, rules and regulations. and continued at levels sufficient to allow for the purchase of the indicated quantity of services; 9. Foreign Contractor: If the Contractor is not domiciled in or ii. If federal or state regulations or guidelines are modified, changed, or registered to do business in the State of Oregon, Contractor shall promptly interpreted in such a way that the services are no longer allowable or provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative 18. Prior Approval Required: Approval by the City of Ashland City to this Contract. The Contractor shall demonstrate its legal capacity to Council or the City Manager is required before any work may begin under perform these services in the State of Oregon prior to entering into this this contract. contract. 19. Notice: Notices required by this contract must be given in writing by 10. Governing Law; Jurisdiction; Venue: This contract shall be personal delivery or mail, at the addresses given by the parties on the first governed and construed in accordance with the laws of the State of page of this contract, unless some other means or method of notice is Oregon without resort to any jurisdiction's conflict of laws, rules or required by law. Each party will notify the other of any change of address. doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other City or department of the State of 20. Confidentiality: Contractor acknowledges and agrees it is Oregon) and the Contractor that arises from or relates to this contract shall responsible for ensuring compliance with all applicable confidentiality be brought and conducted solely and exclusively within the Circuit Court laws, including but not limited to the Health Insurance Portability of Jackson County for the State of Oregon. If, however, the claim must be Accountability Act (HIPAA) and Family Educational Rights and Privacy brought in a federal forum, then it shall be brought and conducted solely Act (FERPA). and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature 21. Merger Clause: THIS CONTRACT AND ATTACHED EXHIBITS herein of its authorized representative, hereby consents to the in personam CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. jurisdiction of said courts. In no event shall this section be construed as a NO WAIVER, CONSENT, MODIFICATION OR CI4ANGE OF TERMS waiver by City of any form of defense or immunity, based on the Eleventh OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN Amendment to the United States Constitution, or otherwise, from any WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER claim or from the jurisdiction. CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE 11. Insurance: SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, a. Insurance. Contractor shall at its own expense provide the following AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT insurance: SPECIFIED HEREIN REGARDING THIS CONTRACT. i Worker's Compensation insurance in compliance with ORS CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED 656.017, which requires subject employers to provide Oregon workers' REPRESENTATIVE, _ HEREBY ACKNOWLEDGES THAT HE/SHE compensation coverage for all their subject workers. HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES ii Professional Liability insurance with a combined single limit, or the TO BE BOUND BY ITS TERMS AND CONDITIONS. equivalent, of not less than $200,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. iii General Liability insurance with a combined single limit, or the equivalent, of not less than $ (see Certificate of Liability) for each occurrence for Bodily Injury and Property Damage. iv Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $N/A for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. V. Umbrella/Excess Liability insurance with combined single limits/ annual aggregate of not less than MA for Bodily Injury and Property Damage. c.' Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. 12. Left for insertion. 13. Force Majeure: Neither City nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, City's or Contractor's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract. 14. Severability: The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. 15. Survival: The terms, conditions, representations and all warranties contained in this Contract shall survive the termination or expiration of ' this Contract. 16. Waiver: The failure of either party to enforce any provision of this contract shall not constitute a waiver by either parry of that or any other provision. 17. Execution and Counterparts: This contract may be exercised in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. Exhibit C COMPLIANCE WITH APPLICABLE LAW hours in any one day or in excess of 40 hours in any one week, whichever (Public NonImprovement Contracts) is greater. [HB 2214] ORS 279B.220 Conditions of public contracts concerning payment of ORS Chapter 244. Contractor shall not provide or offer to provide any laborers and materialmen, contributions to Industrial Accident Fund, appreciable pecuniary or material benefit to any officer, employee or agent liens and withholding taxes. Every public contract shall contain a of the City in connection with this contract in violation of ORS Chapter condition that the Contractor shall: 244 or City's personnel rules. vi. Make payments promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in ORS 670.600 provides in part: "As used in various provisions of such contract. ORS Chapters 316, 448, 656, 657, 671 and 701, an individual or business vii. Pay all contributions or amounts due the Industrial Accident Fund entity that performs labor or services for remuneration shall be considered from such contractor or subcontractor incurred in the performance of the to perform the labor or services as an 'independent contractor' if the contract. standards of this section are met." ORS 670.600 also provides standards viii. Not permit any lien or claim to be filed or prosecuted against the for satisfying the designation of an independent contractor: state, county, school district, municipality, municipal corporation or I. Free from direction and control over means and manner of providing subdivision thereof, on account of labor or material furnished. labor or service. ix. Pay to the Department of Revenue all sums withheld from employees 2. Responsible for obtaining all necessary business registrations and pursuant to ORS 316.167. professional occupation licenses. 3. Furnishes its own tools and equipment for the work. 279B.225 Condition concerning salvaging, recycling, composting or 4. Has the authority to hire and fire employees to perform the work. mulching yard waste material. Every public contract for lawn and 5. Registered under ORS Chapter 701. landscape maintenance shall contain a condition requiring the contractor 6. Filed federal and state income tax returns in the name of its business to salvage, recycle, compost or mulch yard waste material at an approved or a business Schedule "C" as part of the personal income tax return, for site, if feasible and cost-effective. the previous year, for labor or services performed as an independent contractor in the previous year. ORS 279B.230 Condition concerning payment for medical care and 7. Represents to the public that the labor or services are to be provided providing workers' compensation. (1) Every public contract shall also by an independently established business. contain a condition that the contractor shall promptly, as due, make .8. The labor or services are primarily carried out at a location that is payment to any person, co-partnership, association or corporation, separate from my residence, or is primarily carried out in a specific portion furnishing medical, surgical and hospital care or other needed care and of my residence, which is set aside as the location of the business. attention, incident to sickness or injury, to the employees of such 9. The business has purchased business cards or commercial advertising. contractor, of all sums which the contractor agrees to pay for such services 10. A telephone listing and service is used for the business that is separate and all moneys and sums which the contractor collected or deducted from from the personal residence listing and service. the wages of employees pursuant to any law, contract or agreement for the 11. Labor or services are performed only pursuant to written contracts. purpose of providing or paying for such service. Labor or services are performed for two or more different persons within a (2) Every public contract also shall contain a clause or condition that all period of one year. employers working under the contract are subject employers that will 12. Assumes financial responsibility for defective workmanship or for comply with ORS 656.017 or are exempt under ORS 656.126. service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability relating to the labor ORS 279B.235 Condition concerning hours of labor. (1) Except as or services to be provided. provided in subsections (3) to (6) of this section, every public contract subject to this chapter must contain a condition that a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: (a)(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 27913.020. (2) An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. (3) In the case of contracts for personal services as described in ORS 279A.055, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. (4) In the case of a contract for services at a county fair or for other events authorized by a county fair board, the contract must contain a provision that employees must be paid at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. An employer shall give notice in writing to employees who work on such a contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the.number of hours per day and days per week that employees may be required to work. (5)(a) Except as provided in subsection (4) of this section, contracts for services must contain a provision that requires that persons employed under the contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 27913.020 (1)(b)(B) to (G) and for all time worked in excess of 10 Council Business Meeting July 18,2017 Title: Discussion of Funding Options for Police Officers From: John Karns Interim City Administrator John.karns@ashiand.or.us Summary: Discussion of how to fund police officers that were approved during the April 4th Council meeting. Actions, Options, or Potential Motions: 1. I move to approve the additional funding for the additional police officers as follows: [ ? ] 2. I move to approve phased hiring and funding of the additional police officers as follows: [ ? ] 3. I move to defer a decision on additional funding for the additional police officers. Staff Recommendation: Staff is seeking direction from Council on the number, funding and phasing for hiring the new police officers. Resource Requirements: The cost of staffing five police officers is approximately $550,000 per year. The approved property tax increase set during the June 30th Special Meeting will fund one FTE. The anticipated state marijuana tax payment to the City is $70,000 per year. Policies, Plans and Goals Supported: 24.2 Decrease tracked. quality of life calls in the downtown area 24.3 Continue clearance rate of at least 30 % for all crimes in the city-wide 24.4 Maintain and reduce crime rates city-wide 24.6 Monitor'and evaluate SRO program to ensure it is meeting the needs of the school district and the city 24.7 Review, report on, and seek continuous improvement where possible on response to times to calls for service Background and Additional Information: During the April 4th business meeting, Council committed to adding five new police officers and directed staff to provide funding options at a future meeting, with the understanding that no action would occur until after July 1, 2017. Staff provided several options for funding, including electric, water, or a combination of electric and water meter fees, along with increasing the property tax rate. At the June 30th special meeting, a 4.5 cent property tax increase was approved. This increase will fund approximately one FTE officer. At that meeting a resolution was also passed creating an electric/water meter fee with $0 applied. With the anticipated state marijuana Page 1 of 2 CITY OF -ASHLAND tax payment of $70,000, the additional funds needed for the other four officers is approximately $370,000. Attachments: Chart of potential fees Page 2 of 2 CITY OF -AS H LAND Water Electric Property Tax Per Dollar/Month 8,800 Per Dollar/Month 11,840 FY 18 FY 19 1 105, 600.00 1 142,080.00 4.5 112,167.00 116,091.00 1.25 132,000.00 1.25 17.7, 600.00 1.5 158,400.00 1.5 213,120.00 1.75 184,800.00 1.75 248,640.00 2 211,200.00 2 284,160.00 2.25 237,600.00 2.25 319,680.00 2.5 264,000.00 2.5 355,200.00 175 290,400.00 2.75 390,720.00 3 316,800.00 3 426,240.00 3.25 343,200.00 3.25 461,760.00 3.5 369,600.00 3.5 497,280.00 3.75 396,000.00 3.75 _ 532,800.00 4 422,400.00 4 568,320.00 4.5 475,200.00 4.5 639,360.00 4.75 501,600.00 4.75 674,880.00 5 528,000.00 5 710,400.00 . 1 Officer 2 Officers 3 Officers 4 Officers 5 Officers 110,000 220,000 330,000 440,000 550,000 Corresponding E[ectric Meter Public Safety Support Fee a 4.5 - 0.76 1.53 2.31 3.08 Council Business Meeting July 18, 2017 Title: Creation of Climate and Energy Commission From: Adam Hanks Interim Assistant to the City Administrator Adam.Hanks@ashland.or.us Summary: As a follow-up to the Council study session of June 19, 2017, staff has developed two primary options to address the recently adopted Climate and Energy Action Plan (CEAP) year one action recommendation to create a permanent Citizen Advisory Committee to provide advisory oversight, input and recommendations on the implementation of the CEAP. Rather than immediately create a standing Commission via ordinance, Council indicated a desire to consider the creation of an ad-hoc committee to be charged with assisting in guiding the initial stages of the implementation of the CEAP. Actions, Options, or Potential Motions: 1) I move to authorize the Mayor to create a CEAP Implementation ad-hoc committee consistent with Ashland Municipal Code 2.04.090 B. and further recommend that the membership and powers and duties descriptions in the draft ordinance be used by the Mayor and City Administrator when selecting committee members and the committee scope of work. OR 2) I move to direct staff to prepare an ordinance for first reading to create a new standing CEAP Commission utilizing the draft ordinance presented, along with the noted suggested amendments (Optional) Staff Recommendation: Due to the specific nature of the initial implementation of the CEAP, staff recommends the creation of an ad-hoc committee (CEAP 2.0) which provides the flexibility to create a specific scope of work that can be modified over time as the advisory role and tasks of the committee evolve with the implementation of the CEAP. Staff further recommends that CEAP 2.0 be given a two year time frame and both the membership and powers and duties sections of the draft ordinance be utilized to assist in the development of the scope of work and the membership selection process. At the conclusion of the recommended two year time frame, Council can re-evaluate the need/benefit for the creation of a permanent Commission or develop a CEAP 3.0 scope of work and potentially a new set of members to align with the revised scope of work. Page I of 4 C I? Y. 0 F ASHLAND Resource Requirements:" Costs associated specifically with Citizen advisory bodies primarily are incurred via staff time (soft costs) rather than formal expenses (hard costs). The CEAP document contains strategies and actions that impact and relate to several different City Departments so the soft costs will include staff time from a number of different Departments from time to time, with the primary staffing coming from Administration Dept staff, including the recently funded but not yet hired Climate Analyst. CEAP implementation costs will occur regardless of the decision of whether or not to form a committee or what type of committee is preferred and will be tracked and accounted for through project accounting systems. Policies, Plans and Goals Supported: 22. Prepare for the impact of climate change on the community 22.1 Develop and implement a community climate change and energy plan Background and Additional Information: The Climate and Energy Action Plan was presented and approved by Council on March 7, 2017. Included in the overall plan document was an implementation plan that provided a year one implementation summary along with a phased plan for initiating and completing the 65 individual actions listed and described in the plan. The key initial, year one implementation steps recommended by the CEAP ad-hoc committee and embedded in the approved plan are as follows: Table 1. Schedule and key milestone for Year 1 CEAP implementation. e e ® eCitizen Adviser*j Commission Ordinance City Staffing and Leadership Internal City Climate Action Team Identification of Specific Fending Sources Progress Indicators Equity Considerations Priority Hear-Term Actions , While it was understood that Council could construct a Citizen Advisory Commission in a variety of way, the ad-hoc CEAP Committee reviewed, suggested revisions and ultimately voted unanimously to recommend the creation of a new CEAP Commission utilizing draft ordinance language provided as an attachment to Council. A key element of the draft ordinance include specific elements for the membership of the Commission to include representation of a wide range of community interests and perspectives, along with a somewhat unique age requirement for two of the nine members of the Commission to ensure age diversity within the group. Page 2of4 CITY OF -ASHLAND The draft ordinance also includes specific scope and responsibilities that link the Commission with the oversight section of the CEAP document providing consistency between the Commission and the approved plan. Council Study Session - June 19, 2017 A concept introduction and request for direction was presented to Council at its June 19, 2017 study session, which included a series of discussion questions to assist Council in evaluating the recommendation to create a new CEAP Commission. Council was in general agreement that the implementation of the CEAP would benefit from a citizen advisory committee, but was not certain that a formal, permanent Commission was required from the onset of the implementation phase of the project. A committee format that could be devised to allow future flexibility as the implementation gets underway and begins to mature was cited as a potentially advantageous way to move forward. As noted by Mayor Stromberg, a potential structure could be a second phase of the ad hoc CEAP Committee. This second phase would be a new ad-hoc, with a new proposed scope of work and a new membership assignment since the work of the initial ad-hoc was to develop the plan and the proposed second phase ad-hoc is to assist and provide oversight in the implementation of the CEAP. Another potential structure that could achieve the desired objectives could be an Advisory Board, which differs from standing commissions in that the meeting schedule could vary from the standard monthly cadence of standing commissions and commonly are more specific in scope and charge than standing commissions. Conservation Commission Because the draft ordinance language creates some degree of overlapping scope and responsibilities between the proposed new Commission and the existing Conservation Commission, the Conservation Commission devoted significant portions of several of their meetings in April and May to review their scope and powers and duties set forth in AMC 2.18.040. This assisted in giving the Commission some context and foundation to evaluate the current and potential future role of the Conservation Commission. The result was the development of a formal recommendation document from the Commission to Council that requests that Council maintain the existing Conservation Commission and create the new CEAP Commission. Additionally, the recommendation document contains a very useful appendix that indexes how other City Commissions may interact and have a role with implementation actions within the CEAP. , Page 3 of 4 C I T Y OF -ASHLAND Utilizing the second phase ad-hoc committee structure, the potential overlaps with the Conservation Commission could more easily be monitored, reviewed and adjusted after the process gets going and the p.otential overlaps become more clear and distinct. Attachments June 19, 2017, Council Study Session CEAP Implementation Plan Summary Draft CEAP Commission Ordinance Conservation Commission Recommendation Page 4 of 4 CITY OF ASHLAND Council Stud Session June 19,.201:7 Title: Creation of Climate and Energy Action Commission Item Type: Concept Introduction & Request for Direction Requested by Council? Yes - Follow up to CEAP Approval From: Adam Hanks Interim Assistant to the City Administrator adam.hanks@ashland.or.us Discussion Questions: 1) Does the scope and impact of the recently approved Climate and Energy Action Plan (CEAP) warrant the creation of a dedicated, ongoing City Advisory Commission? 2) If yes, is Council supportive of the draft ordinance that establishes the Commission, its membership and powers and duties? 3) If yes, should the CEAP Commission be created independent from the existing Conservation Commission? 4) If yes, how should the Conservation Commission be amended/modified to avoid overlapping scope and responsibilities? 5) If no, should the Conservation Commission membership, scope, powers and duties be amended to incorporate the oversight and guidance of the CEAP as envisioned and stated in the approved CEAP document (pgs. 105-108)? 6) If no, should some other form or structure of citizen involvement for plan guidance and future plan update recommendations be developed and proposed? i.e. advisory board, ad- hoc committee, distribution of responsibilities to existing Commissions, etc. Resource Requirements: No specific, identified hard costs have been determined for the creation of a new advisory Commission. However, soft costs associated with the creation and ongoing support and guidance of the Commission are not insignificant. Staff time is required for the creation and posting of agendas, meeting packets, minutes, ongoing dialogue for education/direction, reports from Commission to Council, etc. Primary staff liaison assignments typically require a minimum of 10% of the staff time of a full time employee, plus 5-10% support staff time for meeting minutes (at meeting, final drafting, posting, etc.) Suggested Next Steps: With direction from Council, staff can develop the necessary ordinance language to accomplish Council objectives and schedule the ordinance for first reading at an upcoming Council business meeting. If Council is interested in pursuing other options, staff can provide an initial assessment and update at a future study session or business meeting for further discussion and direction. Page 1 of 3 CITY OF -ASHLAND Note: The approved CEAP implementation schedule includes the creation of a Citizen Advisory Commission as one of the eight "Year One" implementation items and was tentatively anticipated to be addressed in the first quarter of FY17 (July-Sept 2017) Policies, Plans and Goals Supported: 22. Prepare for the impact of climate change on the community 22.1 Develop and implement a community climate change and energy plan BacklZround and Additional Information: The Climate and Energy Action Plan was presented and approved by Council on March 7, 2017. Included in the overall plan document was an implementation plan that provided a year one implementation summary along with a phased plan for initiating and completing the 65 individual actions listed and described in the plan. The key initial, year one implementation steps recommended by the CEAP ad-hoc committee and embedded in the approved plan are as follows: Table 1. Schedule and key milestone for Year 1 CEAP implementation. -s ce ® ® e= Citizen Advisory Commission Ordinance City Staffing and Leadership f Internal City Climate Action Team E Identification of Specific Funding Sources Progress Indicators Equity Considerations Priority Near-Term Actions While it was understood that Council could construct a Citizen Advisory Commission in a variety of way, the ad-hoc CEAP Committee reviewed, suggested revisions and ultimately voted unanimously to recommend the creation of a new CEAP Commission utilizing draft ordinance language provided as an attachment to Council. A key element of the draft ordinance include specific elements for the membership of the Commission to include representation of a wide range of community interests and perspectives, along with a somewhat unique age requirement for two of the nine members of the Commission to ensure age diversity within the group. The draft ordinance also includes specific scope and responsibilities that link the Commission with the oversight section of the CEAP document providing consistency between the Commission and the approved plan. Conservation Commission Because the draft ordinance language creates some degree of overlapping scope and responsibilities between the proposed new Commission and the existing Conservation Page 2 of 3 CITY OF ASHLAND Commission, the Conservation Commission devoted significant portions of several of their meetings in April and May to review their scope and powers and duties set forth in AMC 2.18.040. This assisted in giving the Commission some context and foundation to evaluate the current and potential future role of the Conservation Commission. The result was the development of a formal recommendation document from the Commission to Council which requests that Council maintain the existing Conservation Commission and create the new CEAP Commission. Additionally, the recommendation document contains a very useful appendix that indexes how other City Commissions may interact and have a role with implementation actions within the LEAP. Attachments: CEAP Implementation Plan Summary Draft CEAP Commission Ordinance Conservation Commission. Recommendation Page 3 of 3 C I T Y OF ASHLAND NEXT STEPS ASHLAND CLIMATE & ENERGY ACTION PLAN DKI Y NEXT STEPS S " The goals, strategies, and actions presented in this plan signify an ambitious step forward for `r ?1` the Ashland community. Although sustainable living, operations, and management is not new to Ashland, this * t? s- i'`° plan pulls together the strong momentum and action that already exists in the city and provides a coordinated and intentional strategy going forward. Making progress i4mf on these goals will require Ashland's government and community to work together and commit dedicated time and resources. r ; t y This Climate and Energy Action Plan is only the beginning of an ongoing process. `1 The accompanying Implementation Plan provides a framework for launching the implementation phase of the plan. This phase will require the City and community to take priority actions--outlining specific plans of action and resource needs among - responsible parties--and monitoring and benchmarkin progress along the way. 4 As details are outlined, more specific quantitative goals and milestones can be - created, driving the pace of strategy implementation. The Implementation Plan x. ` also details the proposed structure for ongoing plan implementation, monitoring, , r, evaluation, and adaptive management, as well as a list of key actions to be taken in the first year of implementation. It concludes with a discussion of how the goals and strategies of this plan fit with a potential ordinance establishing binding greenhouse gas emission reduction targets. Through careful and committed action by all Ashlanders, and with this plan as a basis, the city can achieve its vision of becoming a resilient community that has zero-net greenhouse gas emissions, embraces equity, protects healthy ecosystems, and creates opportunities for future generations. 1 4 Vin` - • Mir y' 10.5 . 3+ti t• IMPLEMENTATION PLAN ASHLANDCLIMATE & ENERGY ACTION PLAN Implementation Plan Year 1 Implementation Summary The focus in 2017 will be on establishing the institutional This implementation plan sets forth a proposed foundation for plan implementation and taking initial structure and schedule for implementation of the steps on key priority actions. Table 1 provides a Climate and Energy Action Plan (CEAP). It contains the schedule and key milestones. for Year 1. Key activities to following sections: undertake are: • Year 1 Implementation Summary: A summary Formalize the city's commitment to CEAP actions of key tasks to be accomplished in Year 1 of CEAP and goals (e.g., ordinance). implementation, described in more detail in the following sections. Create and hire afull-time permanent City CEAP staff position that also includes clear high • Oversight: An ongoing structure for ongoing citizen level management oversight and direction. oversight and involvement in CEAP implementation and long-term plan updates. Form and convene a permanent City Advisory Commission to provide guidance and oversight of • Accountability and Enforcement: Potential plan implementation and future plan updates as policy mechanisms for ensuring that the CEAP is described in the plan. implemented to its full potential. • Create an internal City Climate Action Team for • City Staffing and Leadership: A structure for City operations actions and to assist in coordinating ongoing City staff resources and leadership for the implementation of community actions that ensuring implementation of the CEAP and its span multiple City departments. ongoing success. • Designate potential funding sources for individual • Funding: Potential funding mechanisms and actions and identify additional funding needs and opportunities for financing specific CEAP actions. opportunities for ongoing plan implementation. • Monitoring and Evaluation: A mechanism and Establish CEAP progress indicators and set of metrics for monitoring and evaluating CEAP corresponding baselines, and targets (including progress and updating the plan as necessary. equity indicators). • Equity: Guidance for ensuring. that equity is Determine and formalize Ashland's approach to considered in CEAP implementation. incorporating equity considerations into plan • Near-term Actions: CEAP actions to be implementation. implemented by 2020. Commence priority near-term CEAP actions. • Implementation Schedule: Implementation detail for each priority CEAP action, including relative measures of action cost and effectiveness; accompanying co-benefits;. timeframes for implementation; and responsible departments. 106 IMPLEMENTATION ■ ASHLAND a ENERGY ACTION ■ 1 Oversight. Accountability and Enforcement Adoption of this Climate and Energy Action Plan will A Citizen Advisory Commission is recommended to demonstrate the City of Ashland's commitment to oversee implementation of the CEAP. The Commission addressing the challenge of climate change in the will be composed of stakeholders who represent Ashland community. Establishing a more formal Ashland residents, have interest, experience or expertise City commitment to CEAP goals, such as through an on climate-relevant topics or related policy work, and/ ordinance, would be seen by many as reinforcing or represent key community or civic organizations that the importance of this plan and could help ensure may play a role in implementation. implementation of CEAP actions and measurable progress toward meeting CEAP goals over time. A formal Roles of the advisory committee could include: commitment can also be a considerable asset in the pursuit of grant funds and other funding sources to assist in the implementation of the plan. • Monitoring and tracking progress towards meeting CEAP goals. • Providing recommendations to the Climate and Energy Coordinator regarding CEAP progress and implementation. • Ensuring that the CEAP stays up-to-date overtime, with a focus on the three-year plan update cycle • Reviewing and making recommendations as part of the three-year greenhouse gas (GHG) inventory update process It is expected that the Commission will meet at least quarterly, and likely more often in the early stages of implementation. Table 1. Schedule and key milestone for Year 1 CEAP implementation. 77 • • • • 3 4 Citizen Advisory Commission Ordinance City Staffing and Leadership T Internal City Climate Action Team Identification of Specific Funding Sources Progress Indicators Equity Considerations Priority Near-Term Actions 107 IMPLEMENTATION PLAN ASHLAND e ENERGY ACTION PLAN City Staffing and Leadership The Climate and Energy staff position will have the following qualifications: The plan calls for the creation and hiring of a new, Familiarity and working experience with both full-time City Climate and Energy staff position dedicated climate mitigation and adaptation, including to and charged with coordinating both internal and greenhouse gas accounting methodologies and external implementation of the CEAP. climate change projections and anticipated impacts. Job responsibilities ofthe position includethe following: • Experience managing climate-related programs • Provide lead staff support to the CEAP Advisory thatinvolve both internal and external stakeholders. Commission. Experience with public outreach and citizen • Work with City departments to facilitate, design, engagement, preferably atthe local municipal level. and track strategy and action implementation. Experience managing climate-related programs • Develop and lead outreach efforts with external that involve both internal and external stakeholders. stakeholders, including public, to encourage taking It is anticipated that an internal Climate Action Team will actions identified in the CEAP. be formed within the City to coordinate and implement • Provide leadership and direction to the City's CEAP actions. The following departments should be represented as part of the Climate Action Team: internal advisoryteam on implementation activities, tracking, progress updates and developing advisory team recommendations to relevant internal and Community Development (including Building external implementing parties. Division and Planning Division) • Ashland Municipal Utility (Electric) • Lead development. and presentation of annual. Administration CEAP progress reports, as well as plan updates. Parks and Recreation • Develop and implement a system to systematically Conservation review, adjust, and update plan strategies and Public Works actions as needed. Fire Develop and lead the planned three year update cycle for the community and city greenhouse gas inventory • Implement and maintain a dashboard or other interactive and publicly accessible platform for tracking and communicating progress to internal and external stakeholders. 108 IMPLEMENTATION ■ ASHLAND CLIMATE& ENERGY ACTION PLAN Funding As the implementation commences in earnest, City staff and the proposed CEAP advisory committee should Fundingfornear-term actions of the CEAP will comefrom pay particular attention to additional funding sources. a variety of sources within the City budget depending This examination should include exploration of specific on the type of action, the responsible department, and grant opportunities targeted at individual plan actions, the legal and operational limitations of the particular potential new local revenue streams such as from a funding source. Additionally, some of the actions carbon/fuel tax, and mufti-jurisdiction or public/private recommended in the plan are expansion of existing City partnerships to provide the resources needed for City programs or efforts and therefore already have funding and community goal achievement. sources. However, incremental funding increases may be needed to meet the higher level of action called for -in the plan. Current and potential funding sources include: • City general fund • Electric Utility revenues • Stormwater Utility revenues • Water Utility revenues • Bonneville Power Administration • Federal and state grants • Revolving loan funds • Newly identified funding sources ,F - - A' C' ~lj II il\ i ~ 4 I - ttt"` ~ ~ IMPLEMENTATION PLAN ASHLAND CLIMATE &ENERGY ACTION PLAN Monitoring and Evaluation Progress toward meeting CEAP targets and goals will be evaluated and tracked on an action-by-action basis with an overall progress report for all actions and activities provided on at least an annual basis. If possible, qualitative updates will be available on a quarterly basis. The plan will be evaluated and updated on a three-year cycle to ensure that plan strategies and actions reflect the latest knowledge and best practices around climate mitigation and adaptation. The plan will also be reevaluated to assess whether actions are sufficient to meet emission reduction goals and, if not, to add new or expanded actions to the plan. To facilitate the three-year update, the Ashland community and City greenhouse gas inventories will also be updated on recurring cycle, one year in advance of the plan update process. This cycle will provide City staff and the proposed commission with concrete measurement results to inform plan evaluation and updates. At a minimum, the following indicators will be tracked and reported on at least an annual basis. Due to data availability limitations, some of these indicators will require establishment of baseline and target values for meeting CEAP goals- to be developed in Year 1 of implementation. Additionally, it is expected that some methodologies for measuring some indicators, such as consumption-based greenhouse gas emissions, will evolve and improve overtime. Further development and build-out of the monitoring and evaluation indicators likely form a significant opportunity for the proposed new commission to work on as an early oversight activity. Equity indicators will also be monitored, as available (see "Equity" section on page 113. 110 ORDINANCE NO. AN ORDINANCE CREATING THE CLIMATE AND ENERGY ACTION COMMISSION 2.27- Climate and Energy Action Plan Advisory Commission 2.27.005 - Purpose Upon adoption of this ordinance, the Mayor shall establish a permanent Citizen Commission to provide oversight and recommendations regarding the implementation of the Climate and Energy Action Plan, as well as recommending updates and modifications to the Climate and Energy Action Plan (CEAP) document. 2.27.010 - Establishment - Membership The Commission shall reflect and represent a wide range of community interests and perspectives, including environmental, energy efficiency, renewable energy, academic and business, low income, equity, and health, communities of color and elderly. The Commission shall consist of nine (9) voting members, including at least one (1) of whom shall be 35-years-old or younger at the time of appointment and one (1) of whom shall be 25-years-old or younger at the time of appointment. Eight (8) of the members shall reside within the City, and one (1) may be an at large member living within the Ashland urban growth boundary. One (1) Mayor or City Councilor and one (1) City staff person shall serve on the Commission as non-voting, ex-officio members. The primary staff liaison shall be appointed by the City Administrator and shall serve as Secretary of the Commission. Voting members shall be appointed by the Mayor with confirmation by the City Council 2.27.020 - Powers and Duties A. Monitor and advise on the Implementation of the Climate and Energy Action Plan for the Community and City Operations B. Recommend modifications to benchmarks, targets or implementing actions contained in the CEAP as needed to incorporate the best available science and practices to achieve CEAP related goals and targets. C. Monitor progress toward achieving the reductions of GHG emissions prescribed by this ordinance D. Work to ensure that the CEAP considers public input and long-term social, economic and environmental impacts E. Recommend changes in city ordinances, rules and processes that facilitate and/or incentivize residents and businesses to reduce their GHG emissions F. Work to ensure the plans are socially equitable for all community members including low-income, young people, persons of color, elderly and those living with disabilities. G. Work to ensure the CEAP protects Ashland's quality of life by identifying, benefiting, and preserving long-term natural resources, services, amenities, institutions, industries, and community characteristics valued by Ashland residents. CONSERVATION COMMISSION RECOMMENDATION TO CITY COUNCIL ON CEAP COORDINATION 24 May 2017 CONSERVATION COMMISSION POWERS AND DUTIES-The Mission of the Conservation Commission is to educate and advocate for the wise use of resources by the city government and the people of Ashland. The Conservation Commission was established in 1996. The Commission recommends to the City Council the adoption of policies, implementation strategies, and funding related to recycling, electricity conservation, water conservation, resource conservation, new power source decisions, air quality, and education of citizens around energy efficiency issues. Yet even more than its advisory role, and unlike many of the other City Commissions, the Conservation Commission conducts independent and collaborative projects and educational outreach based on the expertise brought by the Commissioners. Some examples of activities initiated and/or worked on by the Conservation Commission in recent years include: • Storm Drain Marking • Low Impact Living Classes at North • Car Wash Kits Mountain Park • Plastic Bag Ordinance • Graywater Conference • Downtown Recycling Baskets • Green Business Program Research, Pilot, • Downtown Cigarette Butt Research and Launch and Collection Pilot • Fourth of July Parade Participation • Climate and Energy Action Planning • Leaf Bag Program to Divert Leaves from Subcommittee Storm Drains • Sustainability Planning (ICLEI) • Water Conservation Education and • Recycle Center Ad-hoc Committee Promotion (with the Garden Club) • Master Water Plan Participation • Sustainability Awards • Rainwater Catchment Education • Earth Bowl Student Competition • Monthly Sneak Preview Column • Earth Day Event • Compost Classes at Recycling Center • Anti-idling Campaign at Schools and City Operations RECOMMENDATION - In light of the potential new Climate and Energy Action Plan (CEAP) Commission, the Conservation Commission recommends that the two commissions remain separate entities. The Conservation Commission will continue to serve the City with research, advocacy, and education on issues pertaining to conservation. The Conservation Commission will support CEAP actions, through research and advisory activities, where they fit within the commission charter. 1 Reasoning - (1) Merging the Conservation Commission and the CEAP Commission ignores the fact that the CEAP is wide-reaching across the city. The Conservation Commission is just one of many Commissions expected to receive additional direction and guidance by the CEAP Commission (Appendix 1), via City Council, in order to ensure that activities and research align with the mandates of the CEAP. The CEAP, by design, affects all departments, many Commissions, local businesses, and residents in Ashland. Thus, the CEAP Commission will need to represent a diverse and wide-reaching subset of Ashland's residents and businesses, including schools, young people, retirees, local businesses, communities of color, and others. The majority of the city's commissions, including Parks, Planning, Airport, Forest Lands, and Housing and Human Services, as well as city staff and departments, will be affected by the CEAP (see details in Appendix 1). (2) Many, if not most, of the activities that the Conservation Commission works on are likely outside the scope of a new CEAP Commission. The activities listed above are vital for continued progress on sustainability and conservation in Ashland. The Conservation Commission offers educational opportunities on waste prevention, water conservation, and sustainability. The Conservation Commission also offers expertise and specific focus on issues of sustainability and conservation, far beyond the specific targets and actions identified within the CEAP. We believe the outreach and educational programs are important to continue. And yet, these activities are unlikely to be carried out by the CEAP Commission, both because of more diverse membership and expertise, as well as a different mandate. (3) The Conservation Commission will become even more important as the.new CEAP Commission and the City identify options for meeting our aggressive emissions targets and for adapting to climate change. The Conservation Commission provides a body of experts able and willing to do research and make recommendations on the most effective and/or feasible approaches. The Conservation Commission will also continue to provide an outreach and advocacy body that participates in community events, offers classes, and builds buy-in. The Conservation Commission anticipates and welcomes direction and prioritization from the CEAP Commission via City Council direction on specific research needs and topics. Conservation Commissioners represent a depth of expertise on issues pertaining to water, natural systems, energy, recycling, waste prevention, and other topics that are unlikely to be matched by the CEAP Commission's more diverse membership and mission. 2 Appendix 1. A list of select City of Ashland Commissions, their powers and duties, and their potential overlap with the actions specified in the CEAP. (Note: not comprehensive list) The CEAP affects numerous commissions and departments, not just the Conservation Commission. This list shows how different commissions may have a role in implementing actions specified in the CEAP. Many commissions, such as Planning, Housing and Human Services, and Transportation, have equal overlap with the CEAP as the Conservation Commission. CEAP Commission Powers and Duties (from proposed ordinance) • Monitor and advise on the Implementation of the CEAP for the Community and City Operations • Recommend modifications to benchmarks, targets or implementing actions contained in the CEAP as needed to incorporate the best available science and practices to achieve CEAP related goals and targets • Monitor progress toward achieving the reductions of GHG emissions prescribed by this ordinance • Work to ensure that the CEAP considers public input and long-term social, economic and environmental impacts • Recommend changes in city ordinances, rules and processes that facilitate and/or incentivize residents and businesses to reduce their GHG emissions • Work to ensure the plans are socially equitable for all community members including low-income, young people, persons of color, elderly and those living with disabilities Work to ensure the CEAP protects Ashland's quality of life by identifying, benefiting, and preserving long- term natural resources, services, amenities, institutions, industries, and community characteristics valued by Ashland residents Airport Commission Powers and Duties • To advise the Mayor and City Council on all matters relating to the management, operation, and further development of the Ashland Airport • To investigate Federal, State, County and private funding for airport improvements • To review and recommend project applications for funding to the City Council CEAP Actions Relevant to Airport Commission • BE-1-3. Facilitate and encourage solar energy production. • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) Conservation Commission Powers and Duties • Recycling, source reduction and solid waste/landfill issues • Recycling, source reduction and solid waste/landfill issues • Electric conservation issues • Air Quality Issues • Water conservation issues • Resource conservation issues • New power resource decisions, but not decisions involving wholesale power contracts • Renewable Resource decisions • Education of citizens about resource efficiency issues CEAP Actions Relevant to Conservation Commission • BE-1-2. Promote switching to low and non-carbon fuels. • BE-2-1. Expand participation in energy efficiency programs & promote climate-friendly building/construction • BE-2-3. Identify and adopt strategies to reduce energy efficiency barriers in rent/lease properties • CM-2-2. Expand community gardening and urban agriculture 3 • CM-3-1. Improve recycling programs, implement new education and outreach, and expand public space recycling • CM-4-1. Support edible food donation • CM-4-2. Provide a best practices guide to help households and businesses reduce food waste and consumption • CM-4-3. Evaluate opportunities for recycling of commercial food waste • NS-1-2. Use green infrastructure such as bioswales, permeable pavement, other pervious surfaces to reduce flood risk and minimize sediment entry into creeks from trails and roads • NS-1-3. Undertake restoration efforts to retain and restore native fish and riparian species • NS-2-1. Evaluate incentives for practices that reduce use of potable water for nonpotable purposes and recharge ground water • NS-2-3. Expand water conservation outreach and incentive programs for residents and businesses • PHSW-1-1. Promote the expansion of tree canopy in urban heat islands or areas that need air conditioning • PHSW-2-1. Engage leading employers in a dialogue on climate action PHSW-3-2. Identify and minimize potential urban heat impacts • CC-1-1. Create a formal public outreach and education plan to inform the community about climate actions • CC-1-3. Assess the feasibility of a City-sponsored carbon offset program • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) Forest Lands Powers and Duties • To develop forest management plans for the City of Ashland's municipal forests • To provide direction and oversight to planning teams concerning wildland urban interface (wildfire lands) and Ashland Creek Watershed • To develop community volunteer programs to assist in implementation of the Ashland Forest Plan and other project plans • To submit recommendations to the City Council regarding forest management practices • To ensure that plans integrate diverse opinions of citizens and private land owners • To promote public knowledge and acceptance of the Ashland Forest Plan programs CEAP Actions Relevant to Forest Lands Commission • NS-1.1. Manage forests to retain biodiversity, resilience, and ecosystem function and services in the face of climate change. Use best available science to inform fire management and planning. • NS-1-2. Use green infrastructure such as bioswales, permeable pavement, other pervious surfaces to reduce flood risk and minimize sediment entry into creeks from trails and roads. • NS-1-3. Undertake restoration efforts to retain and restore native fish and riparian species. • NS-1.4. Map and protect areas that provide ecosystem services • Manage Ecosystems and Landscapes to minimize climate related health impacts • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) Housing and Human Services Powers and Duties • To monitor and assess the continuum of housing and human services needs of the community, and utilize this information to advise the City Council regarding policy and funding strategies relating to housing and human services • To consider the feasibility of and advise the City Council on programs that assist in addressing the unmet utility, medical, transportation, and food needs of seniors, children and families in Ashland, and other related human services programs • To review and make recommendations to the City Council on Community Development. Block Grant (CDBG) related allocations 4 • To monitor projects funded with the Community Development Block Grant (CDBG), City of Ashland Social Service Grants, and the Housing Trust Funds • To investigate federal, state, county and private funding for implementation of housing and human services programs • To foster public knowledge and support of official city housing and human services programs • To enhance cooperation between the public and private sectors by promoting integrated approaches that provide decent housing, a suitable living environment, and expanded opportunities for low- and moderate-income persons • To evaluate, review, and recommend to the Planning Commission and City Council innovative land use strategies targeted at promoting a broad variety of housing types • To monitor housing discrimination complaints and corrective actions within the.City, and to report to the City Council measures taken to further equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, source of income, or familial status CEAP Actions Relevant to Housing and Human Services Commission • PHSW-1-1. Promote the expansion of tree canopy in urban heat islands or areas that need air conditioning • PHSW-3-1. Work with vulnerable populations to create specific adaptation strategies that address public health • PHSW-4-2. Identify and address populations and essential City services within the 100-year flood zone • BE-1-2. Promote switching to low and non-carbon fuels • BE-2-1. Expand participation in energy efficiency programs & promote climate-friendly building/construction • BE-2-2. Require building energy scores to identify and incentivize cost-effective energy efficiency improvements • BE-2-3. Identify and adopt strategies to reduce energy efficiency barriers in rent/lease properties • BE-2-4. Establish minimum energy efficiency standards for the affordable housing program • BE-5-1. Encourage heat-tolerant building approaches such as cool roofs and passive cooling • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) Parks and Recreation Powers and Duties • Adopt by-laws, rules and regulations for the proper conduct of public recreation in the City • Coordinate recreational facilities now within the City, or hereafter to be constructed or created • Conduct any form of recreation or cultural activity that will employ the leisure time of the people of Ashland and vicinity in a constructive and wholesome manner CEAP Actions Relevant to Parks and Recreation Commission • NS-1.1. Manage forests to retain biodiversity, resilience, and ecosystem function and services in the face of climate change. Use best available science to inform fire management and planning. • NS-1-2. Use green infrastructure such as bioswales, permeable pavement, other pervious surfaces to reduce flood risk and minimize sediment entry into creeks from trails and roads. • NS-1-3. Undertake restoration efforts to retain and restore native fish and riparian species. • NS-1.4.-Map and protect areas that provide ecosystem services BE-1-3. Facilitate and encourage solar energy production. • BE-5-1. Encourage heat-tolerant building approaches such as cool roofs and passive cooling. • CM-1-1. Implement an education campaign for waste and consumption reduction strategies • CM-2-2. Expand community gardening and urban agriculture. • PHSW-1-1. Promote the expansion of tree canopy in urban heat islands or areas that need air conditioning. • Manage Ecosystems and Landscapes to minimize climate related health impacts • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) 5 Planning Commission Powers and Duties • Responsible for the city's comprehensive plan and development standards that implement that plan CEAP Actions Relevant to Planning Commission • BE-1-2. Promote switching to low and non-carbon fuels. • BE-2-1. Expand participation in energy efficiency programs & promote climate-friendly building/construction • BE-5-1. Encourage heat-tolerant building approaches such as cool roofs and passive cooling. • BE-2-3. Identify and adopt strategies to reduce energy efficiency barriers in rent/lease properties • ULT-1-1. Coordinate with neighboring local governments to promote use of transit, carpooling, and car- sharing • ULT-1-3. Establish policies to support development near transit hubs without displacing disadvantaged populations • ULT-2-2. Explore opportunities to convert to shared streets where appropriate to provide multimodal connectivity ULT-4-1. Regulate new development in the Wildfire Lands Overlay part of the urban growth boundary • ULT-4-2. Revise community development plans to favor walkable neighborhoods and infill density • CM-2-2. Expand community gardening and urban agriculture • NS-1-2. Use green infrastructure such as bioswales, permeable pavement, other pervious surfaces to reduce flood risk and minimize sediment entry into creeks from trails and roads • NS-2-2. Explore water-efficient technologies on irrigation systems and consider requiring them during permitting. • PHSW-1-1. Promote the expansion of tree canopy in urban heat islands or areas that need air conditioning • PHSW-3-2. Identify and minimize potential urban heat impacts • PHSW-4-2. Identify and address populations and essential City services within the 100-year flood zone. • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) Transportation Commission Powers and Duties • Proactively plan for a transportation system that is integrated into the community and enhances Ashland's livability, character and natural environment • Focus must be on people being able to move easily through the city in all modes of travel • Modal equity then is more than just a phase. It is a planning concept that does not necessarily imply equal financial commitment or equal percentage use of each mode, but rather ensures that we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move toward a less auto-dependent community. CEAP Actions Relevant to Transportation Commission • BE-1-2. Promote switching to low and non-carbon fuels. • ULT-1-1. Coordinate with neighboring local governments to promote use of transit, carpooling, and car- sharing • ULT-1-2. Work with RVTD to implement climate-friendly transit. • ULT-1-3. Establish policies to support development near transit hubs without displacing disadvantaged populations • ULT-1-4. Evaluate feasibility of expanded local transit options • ULT-2-1. Implement bicycle- and pedestrian-friendly actions in the Transportation System Plan and Downtown Parking Management Plan • ULT-2-2. Explore opportunities to convert to shared streets where appropriate to provide multimodal connectivity • ULT-3-1. Implement a local fuel-related tax. • ULT-3-3. Develop and provide information about electric and hybrid vehicles on the City website • ULT-5-1. Provide carpool and van_pool parking, charging stations, and parking for EVs for City employees • Mainstream and integrate climate considerations (include consideration of CEAP goals within the scope of every appropriate City Advisory Commission) 6 Council Business Meeting July 18, 2017' Title: Climate and Energy Action Plan Goals/Targets Ordinance - From: David Lohman City Attorney david.lohman@ashland.or.us Summary: Council approved the Climate and Energy Action Plan ("LEAP" or "Plan") on March 7, 2017, capping 18 months of committee work and extensive public engagement. The Plan provides a foundation and framework for community and City actions to reduce greenhouse gas (GHG) emissions and make our local environment, infrastructure, and people better able to cope with the growing impacts of climate change. The CEAP Ad-Hoc Committee, with the assistance of several key community stakeholders, developed and formally recommended for approval a draft ordinance prescribing greenhouse gas and fossil fuel reduction goals and targets and requiring periodic progress reporting and updating as necessary. The Committee-approved rough draft of the ordinance is attached as "CEAP Ordinance Draft A." The City Attorney's effort to restate the proposed ordinance more succinctly and in standard ordinance format without diminishing essential content is attached as "LEAP Ordinance Draft B." Additionally, in case Council determines that a resolution would be more appropriate than an ordinance as the policy instrument for confirming the City's committing to the Plan's targets and goals, the same provisions contained in CEAP Ordinance Draft B are presented in a resolution format attached as "CEAP Resolution Draft 1." Suggested questions for consideration in deciding between a resolution or an ordinance for confirming this commitment are presented below in the section titled Background and Additional Information. Actions, Options, or Potential Motions: 1) I move to direct staff to prepare for first reading at the next available Council business meeting the attached CEAP Ordinance Draft B [with the following modifications:...]. OR 2) I move to direct staff to prepare for first reading at the next available Council business meeting the attached CEAP Resolution Draft 1 [with the following modifications:...]. OR 3) I move to utilize the already-approved Climate and Energy Action Plan as the City's formal acceptance of and commitment to the goals and targets contained within that document. Pagel of 3 CITY OF ASHLAND Staff Recommendation: Staff recommends using a resolution for confirming the City's commitment to CEAP's targets and goals. Resource Requirements: Beyond the resources already committed in the 2017-19 budget for a CEAP Coordinator, the resources necessary to meet the CEAP targets. and goals may well be considerable, but are not susceptible to estimation at this time - partly because of fast-changing technological and regulatory developments. Policies, Plans and Goals Supported: 1) 2015-17 City Council Goals 22.1 - Develop and implement a community climate change and energy plan 2) Ashland Comprehensive Plan, Element XI - Energy, Air and Water Conservation Background and Additional Information: At its March 7, 2017 meeting, Council formally approved the CEAP document with a unanimous vote. In addition, a CEAP staff position was successfully accepted by the Citizen's Budget Committee into the City's 2017-19 biennial budget and the hiring process for that position is currently underway. CEAP Goals and Targets 1) Reduce Ashland's contribution to global carbon pollution by reducing greenhouse gas emissions associated with City, residential, commercial and industrial activities: o Reduce total community greenhouse gas emissions by 8% on average annually through 2050 o Attain carbon neutrality in City operations by 2030, and reduce fossil fuel consumption by 50% by 2030 and 100% by 2050 2) Prepare the City's communities, systems and resources to be more resilient to climate change impacts As noted in the plan document in several places, the 8% annual emissions reduction goal is derived based on what is called a science based methodology and is a relatively new method for setting emission reduction targets. This goal methodology results in a very aggressive reduction trajectory; however, it aligns with what is globally accepted as necessary to avoid potentially catastrophic impacts. It is understood that local action alone cannot achieve the 8% annual emissions reduction goal. But local action can play a part in achieving the overall reductions needed and can be a catalyst for action and change beyond what can be collectively controlled and influenced at the local level. Implementing the Plan will require increased focus on climate change and carbon emissions as key decision making considerations and will involve nearly every department within the City, as well as community and civic partners, businesses and all residents. Page 2 of 3 CITY OF ASHLAND Questions for Discussion of Ordinance vs. Resolution • Should the goals, targets, and monitoring protocols in the Climate and Energy Action Plan be adopted in an ordinance or in a resolution? o Would adoption by ordinance make the CEAP goals legally binding in the absence of an enforcement mechanism within the ordinance? o Could adoption in an ordinance result in a lawsuit if someone later feels the ordinance terms have not been met? ■ Would the benefits of enactment by ordinance justify the possible costs of having to defend a lawsuit even if it ultimately were unsuccessful? ■ Would the threat of a possible lawsuit make compliance more likely if the plan were adopted by ordinance? o Should ordinances be reserved for actions fully within the City's authority? ■ In light of the City's relatively small share (2%) of carbon emissions within its boundaries and its inability to bind non-municipal entities, would adoption by ordinance amount to an ultimately disillusioning implication that the Plan's goals and targets are more mandatory than they really are or that City government has primary responsibility for achieving them? ■ Does adopting aspirational goals into an ordinance effectively invite other ordinances to be deemed aspirational instead of inviolable? ■ Should other important aspirational goals be likewise adopted by ordinance? (E.g., affordable housing; adequate transit service?) o Would adoption by ordinance conflict with the requirement of Oregon's local budget law that only debt service obligations be assured of funding for longer than a single budget period? (That is, would adoption by ordinance establish an unfunded mandate, at least with respect to future budget periods?) o Is adoption by ordinance consistent with the apparent consensus that new technologies and new challenges will necessitate changes to the CEAP goals at least every few years? o From a practical standpoint, what is the difference between adoption by ordinance or by resolution? ■ Would adoption by ordinance provide greater assurance that CEAP goals will be met? • Would adoption by ordinance assure greater opportunity for citizen input before consideration of any changes to the CEAP goals? ■ Would adoption by ordinance demonstrate a stronger Council commitment to the CEAP goals? • Would adoption by ordinance make it easier to foster participation by non-municipal entities and by other cities? Attachments: CEAP Ordinance Draft A - by CEAP Ad Hoc Committee, March 2017 CEAP Ordinance Draft B - by City Attorney, July 2017 CEAP Resolution Draft 1 by City Attorney, July 2017 Additional Links Final CEAP Action Plan Ad hoc CEAP Committee minutes, February 15, 2017 Page 3 of 3 CITY OF ASHLAND BEFORE THE CITE' COUNCIL OF ASHLAND, OREGON AN ORDINANCE CONCERNING THE CURRENT AND FUTURE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF RESIDENTS AND ECOSYSTEMS OF THE CITY OF ASHLAND, OREGON, A. Climate change is caused by anthropogenic activities, primarily from the consumption of fossil fuels that emit greenhouse gases, primarily carbon dioxide (C02) and methane, the primary component of natural gas. B. Mean global temperature is increasing as a result of increased concentrations of greenhouse gasses in the atmosphere. C. The decade from 2000 to 2010 was the warmest on record; 2016, 2015 and 2014 are the three hottest years on record; and the seventeen consecutive months of May 2015 through September 2016 have each set a record for global average surface temperatures for their respective months. D. C02 levels in the atmosphere surpassed 400 parts per million (ppm) for the first time in 800,000 years in the year 2013 and now are at the brink of permanently remaining above 400 ppm in the absence of a global effort to reduce emissions. E. Scientists predict that by 2100 average global temperatures will be 2 to 11.5 degrees Fahrenheit higher than they are now, depending on the rate of emissions. F. As climate change continues, the Pacific Northwest will experience a considerable amount of variation in temperature and precipitation. This is expected to have a significant impact on the local environment, economy, and community while affecting all sectors including water and other natural resources, agriculture, and recreation/tourism. G. Emissions of greenhouse gases are already impacting global ecosystems causing ocean acidification, ocean warming, and warming of the Earth's surface. Continuation of these trends lead to rising seas, more frequent and severe weather events, heavy rainfall and flooding, heat waves and drought, intense and destructive wildfires, disrupted ecosystems and agriculture, more disease, famine, disrupted economic sectors and job markets, conflict and human loss of life, increased social and economic inequity resulting in a an added burden on those least able to adapt. H. The health, welfare, and economic future of the citizens of Ashland are threatened by these climatic changes. I. Meaningful action is needed at all levels of government to mitigate climate change, effectuate climate recovery, and leave a healthier environment and atmosphere for future generations. The City of Ashland ("The City") is ready to do its part, and will engage its residents, visitors, businesses and organizations to do the same. K. This ordinance is based on the widely-accepted science of climate change. Specifically, this ordinance is a direct effort to contribute to climate stabilization and to respond to the present and future adverse impacts climate change poses to our health and safety, our environment, and our local and global economies. L. With the passage of this ordinance, Ashland commits itself to actively and significantly reducing all GHG emissions attributable to the community as defined in existing and future Greenhouse Gas Inventories. The GHG reduction targets prescribed in this ordinance are designed to be consistent with science-based goals, primarily the goal of returning global atmospheric C02 concentrations to below 350 ppm by the year 2100. M. The City will be guided and directed by a Climate and Energy Action Plan, which will be created and developed by the City with input from Ashland residents. Progress in meeting the prescribed reductions will be monitored and reported on by the City, and course corrections to the plan can and should be made, as needed over time. N. Failure to complete the Climate and Energy Action Plan and take meaningful action could permanently affect the safety, health, welfare, and economic future of the City and its residents. Delayed action could also result in increased City costs and community impacts. SECTION 1: The City of Ashland Municipal Code (AMC) Chapter 9 is amended by adding new Sections to read as follows: 9.40 CLIMATE RECOVERY 9.40.010 Definitions - The following words and phrases whenever used in this chapter shall be construed as defined in this. section. A. "Carbon Neutral" means zero net emissions of greenhouse gases (GHG) B. "City Operations" means functions, services and other similar activities carried out by the Ashland Municipal government. C. "GHG Baseline" means the carbon emissions calculations for 2015 as found in the 2016 Greenhouse Gas Inventory document 9.40.20 - Climate Recovery Goals - Community A. By the year 2100, total community greenhouse gas emissions shall be reduced to an amount that is no more than the City of Ashland's average share of a global atmospheric greenhouse gas level of 350 ppm, which is estimated in 2016 to require an annual average emission reduction of 8%. 9.40.030 - Climate Recovery Goals - City Operations A. Using actions contained in the Climate and Energy Action Plan, City operations, facilities and services shall reach carbon neutrality by 2030. B. The City shall reduce its fossil fuel consumption by at least 50% by 2030 and 100% by 2050. 9.40.040 - Climate and Energy Action Plan A. The Climate and Energy Action Plan shall contain the following: 1. Plan for City Operations, which shall contain specific and measurable GHG reduction targets and milestones to guide and direct City operations in achieving the required carbon mitigation and fossil fuel reduction targets. 2. Plan for the Community, which shall contain specific and measurable GHG reduction targets and milestones to guide and direct the community in achieving the required carbon mitigation reduction targets. 3. Each plan shall contain the following: a. Strategies, actions, timelines and progress indicators to meet GHG reduction targets b. Measurements to evaluate progress and achievement of actions c. Minimum reporting content and schedule for City Council for CEAP and GHG Inventory d. Identified process for plan amendments, including comprehensive review on a three year cycle. e. Identified role of the Climate and Energy Action Plan Commission in advisory and recommendation capacity for CEAP implementation and updates ORDINANCE NO. AN ORDINANCE ESTABLISHING GREENHOUSE GAS AND FOSSIL FUEL REDUCTION GOALS AND TARGETS FOR COMMUNITY AND CITY OPERATIONS 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, increased concentrations of greenhouse gases in the atmosphere are causing mean global temperatures to rise: The decade from 2000 to 2010 was the warmest on record; 2016, 2015 and 2014 are the three hottest years on record; and the seventeen consecutive months of May 2015 through September 2016 each set a record for global average surface temperatures for their respective months. WHEREAS, C02 levels in the atmosphere surpassed 400 parts per million (ppm) for the first time in 800,000 years in the year 2013 and have come near or exceeded that level in the following years. WHEREAS, the health, welfare, and economic future of the citizens of Ashland will be impacted by these climatic changes WHEREAS, the City of Ashland ("The City") has a Climate and Energy Action Plan ('Plan") intended to guide and support both City and Community efforts to advance the goal of returning global atmospheric C02 concentration to below 350 ppm by the year 2100. WHEREAS, the strategies and actions in the Climate and Energy Action Plan may be updated over time upon approval by the City Council. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1: The City of Ashland Municipal Code (AMC) Title 9 is hereby amended by adding a new Chapter 9.40 to read as follows: 9.40 CLIMATE RECOVERY 9.40.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section. Ordinance No. Page 1 of 3 A. "Carbon Neutral" means zero net emissions of greenhouse gases (GHG). B. "City Operations" means any and all actions undertaken by the Ashland municipal government, including any operations at its own facilities or elsewhere. C. "Community" means collectively all individuals or entities operating, residing or located within the boundaries of the City, including private and public entities. D. "GHG Baseline" means Ashland's 2015 carbon emissions calculations as found in the 2016 Greenhouse Gas Inventory document. 9.40.020 Climate Recovery Goals - Community The City shall seek and encourage cooperation and participation from all individuals and public and non-public entities operating, residing or located within the boundaries of the City in the conduct of their respective operations and facilities so as to collectively achieve the following goals: A. By the year 2030, reduce the per capita fossil fuel use in the City by a minimum of 50%. B. By the year 2050, reduce the per capita fossil fuel use in the City by 100%. C. By the year 2100, reduce total Community greenhouse gas emissions to an amount. that is no more than Ashland's average share of a global atmospheric greenhouse gas level of 350 ppm. Annual reduction target methodology and calculations are contained in the Climate and Energy Action Plan. 9.40.030 Climate Recovery Goals - City Operations City government shall conduct City Operations so as to achieve the following goals: A. By the year 2030, reduce greenhouse gas emissions in City operations, facilities and services to carbon neutral. B. By the year 2030, reduce City operations fossil fuel consumption by a minimum of 50%. C. By the year 2050, reduce City operations fossil fuel consumption by 100%. 9.40.040 Climate and Energy Action Plan Contents and Updates The Climate and Energy Action Plan and any updates must contain the following: A. Specific and measurable GHG reduction targets and milestones to guide and direct City Operations toward achieving the Plan's carbon mitigation and fossil fuel reduction targets for the City. B. Specific and measurable GHG reduction targets and milestones to guide the Community toward achieving the Plan's carbon mitigation and fossil fuel reduction targets for the Community. C. The above carbon mitigation and fossil fuel reduction targets for City Operations and for the Community must each be supported by at least the following elements in the Plan: 1. Strategies, actions, timelines for meeting the Plan's GHG and fossil fuel reduction targets. 2. Schedule of periodic objective evaluations of.progress towards achievement of the Plan's GHG and fossil fuel reduction targets. Ordinance No. Page 2 of 3 3. Minimum reporting content and schedule for presentations to City Council on CEAP, GHG Inventory updates, and progress towards achievement the Plan's GHG and fossil fuel reduction targets. 4. Specific process for considering Plan amendments, including comprehensive review on a three year cycle. S. Specification of the responsibility of the Climate and Energy Action Plan Commission for providing advisory input on CEAP implementation and updates. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to _"code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-letter, provided however that any Whereas clauses and Sections 2 and 3 need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2017, and duly PASSED and ADOPTED this day of , 2017. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of , MIT John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3 RESOLUTION NO. A RESOLUTION ESTABLISHING GREENHOUSE GAS AND FOSSIL FUEL REDUCTION GOALS AND TARGETS FOR COMMUNITY AND CITY OPERATIONS RECITALS 1. Increased. concentrations of greenhouse gases in the atmosphere are causing mean global temperatures to rise: The decade from 2000 to 2010 was the warmest on record; 2016, 2015 and 2014 are the three hottest years on record; and the seventeen consecutive months of May 2015 through September 2016 each set a record for global average surface temperatures for their respective months. 2. C02 levels in the atmosphere surpassed 400 parts per million (ppm) for the first time in 800,000 years in the year 2013 and have come near or exceeded that level in the following years. 3. The health, welfare, and economic future of the citizens of Ashland will be impacted by these climatic changes 4. The City of Ashland ("The City") has a Climate and Energy Action Plan ("Plan") intended to guide and support both City and Community efforts to advance the goal of returning global atmospheric C02 concentration to below 350 ppm by the year 2100. 5. The strategies and actions in the Climate and Energy Action Plan may be updated over time upon approval by the City Council. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Climate Recovery Goals - City Operations City government shall conduct City Operations so as to achieve the following goals: A. By the year 2030, reduce greenhouse gas emissions in City operations, facilities and services to carbon neutral. B. By the year 2030, reduce City operations fossil fuel consumption by a minimum of 50%. C. By the year 2050, reduce City operations fossil fuel consumption by 100%. SECTION 2. Climate. Recovery Goals - Community The City shall seek and encourage cooperation and participation from all individuals and public and non-public entities operating, residing or located within the boundaries of the City in the conduct of their respective operations and facilities so as to collectively achieve the following goals: A. By the year 2030, reduce the per capita fossil fuel use in the City by a minimum of 50%. B. By the year 2050, reduce the per capita fossil fuel use in the City by 100%. C. By the year 2100, reduce total Community greenhouse gas emissions to an amount that is no more than Ashland's average share of a global atmospheric greenhouse gas level of 350 ppm. Annual reduction target methodology and calculations are contained in the Resolution No. Page 1 of 2 Climate and Energy Action Plan. SECTION 3. Climate and Energy Action Plan Contents and Updates The Climate and Energy Action Plan and any updates must contain the following: A. Specific and measurable GHG reduction targets and milestones to guide and direct City Operations toward achieving the Plan's carbon mitigation and fossil fuel reduction targets for the City. B. Specific and measurable GHG reduction targets and milestones to guide the Community toward achieving the Plan's carbon mitigation and fossil fuel reduction targets for the Community. C. The above carbon mitigation and fossil fuel reduction targets for City Operations and for the Community must each be supported by at least the following elements in the Plan: 1. Strategies, actions, timelines for meeting the Plan's GHG and fossil fuel reduction targets. 2. Schedule of periodic objective evaluations of progress towards achievement of the Plan's GHG and fossil fuel reduction targets. 3. Minimum reporting content and schedule for presentations to City Council on LEAP, GHG Inventory updates, and progress towards achievement the Plan's GHG and fossil fuel reduction targets. 4. Specific process for considering Plan amendments, including comprehensive review on a three-year cycle. 5. Specification of the responsibility of the Climate and Energy Action Plan Commission for providing advisory input on CEAP implementation and updates. SECTION 4. Definitions The following words and phrases whenever used in this resolution shall be construed as defined in this section. A. "Carbon Neutral" means zero net emissions of greenhouse gases (GHG). B. "City Operations" means any and all actions undertaken by the Ashland municipal government, including any operations at its own facilities or elsewhere. C. "Community" means collectively all individuals or entities operating, residing or located within the boundaries of the City, including private and public entities. D. "GHG Baseline" means Ashland's 2015 carbon emissions calculations as found in the 2016 Greenhouse Gas Inventory document. This resolution was PASSED and ADOPTED this day of , 2017. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of 72017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. Page 2 of 2 Council Business Meeting March 7, 2017 Title: Approval of the Creation of the ad hoc Budget Process Committee From: John Karns Interim City Administrator John.karns@ashland.or.us Summary: This committee is being formed based on discussions had during the recently completed biennial budget process. Members of the Citizen's Budget Committee determined that an ad hoc committee would be useful in determining how future budget processes would be handled, as well.as set priorities for "off-year" committee discussions. Actions, Options, or Potential Motions: I move to approve the creation of the ad hoc Budget Process Committee and the charge of the committee as presented in the memo from the Interim City Administrator. Staff Recommendation: Staff recommends the creation of the ad hoc Budget Process Committee and approval of the committee charge as presented. Resource Requirements: The costs for the committee will be minimal, and directly related to staff time, which is estimated for this project to be approximately 120 to 150 hours. Policies, Plans and Goals Supported: 2. Promote effective citizen communication and engagement 2.1 Engage community in conversation about core services, desired service levels and funding mechanisms. Background and Additional Information: During the recent Citizens Budget Committee process there were discussions regarding the budget process and ways in which it could be improved. It was determined that having an ad hoc committee work through some of the issues would be helpful. Attachments: Memo with the charge of the ad hoc Budget Process Committee June 5, 2016 Citizens' Budget Committee Minutes Page 1 of 1 CITY OF ASHLAND CITY OF ASHLAND Memo DATE: July 12, 2017 TO: Mayor and City Council FROM: John Karns RE: Charge of the ad hoc Budget Process Committee Scone of Work The ad hoc Budget Process Committee will be convened to discuss specific issues relating to the Citizen's Budget Committee's (CBC) role with the City's budget and property tax levy approval. The committee will be made up of two elected members of the CBC, two citizen members of the CBC, and two City staff members to be identified by the Mayor. Each member will have voting rights. The committee will meet at a frequency desired by the committee. Topics of discussion may include but not limited to the following: • Committee member's preferences for ground rules, rules of order, conduct of meetings, voting/reaching consensus, fact finder process, etc. • General economic projections by the Finance Officer of the possible changes in revenues, expenditures, or requirements of the next budget process. • Orientation on the budget document, the fund structure and the types of activities or programs and expenditures made from each fund in the budget. • Training on the budget committee process, calendar, expectations for members, etc. • Other issues deemed pertinent by the ad hoc Budget Process Committee. • Committee will assemble a report for Council with recommendations by the second meeting in October. The committee meetings shall be governed by the City of Ashland uniform policies and procedures for advisory boards and commissions (AMC Chapter 2.10). The committee chair shall make sure that each meeting agenda includes time for public input. 1 Budget Committee Meeting June 5, 2017 Page 1 of 14 BUDGET COMMITTEE MEETING MINUTES June 5, 2017 Council Chambers 1175 E. Main Street Budget Committee Chair David Runkel called the meeting to order at 6:01 p.m. in in the Civic Center Council Chambers. ROLL CALL Present: Sal Amery Mike Morris Mary Cody James Nagel Traci Darrow David Runkel Garrett Furuichi Stefani Seffinger Paula Hyatt Dennis Slattery Greg Lemhouse John Stromberg Shaun Moran Rich Rosenthal Mr. Runkel moved agenda item V. Discussion of Funding for Council Priority Budget Add-ins before IV. Motion to Approve the 2017-19 Biennial Budget & Levy Tax. Mr. Slattery wanted a committee vote on the matter and agreed to discuss it further following Public Input. PUBLIC INPUT Ken Morrish/Fly Water Travel/479 Russell Suite 103/Supported the Climate Energy Action Plan (CEAP) position and commented on the violent weather patterns his client's had experienced. Bryan Sohl/283 Scenic Drive/Served on the Conservation Commission and the CEAP ad hoc Committee and both strongly supported the CEAP position. He explained how raising the property tax rate could fund the position. Annika Larson/795 Ellendale Drive/Medford, OR/Supported the CEAP position and explained how climate change was already effecting the local area. Julian Rice/1411 Evergreen Lane/Supported the CEAP position. The City had made a promise to make a difference on climate change and it was essential to have a dedicated position. Carson Barry/134 Church Street/Noted President Trump pulling out of the Paris Climate Agreement and the effect it had on her graduating class. She explained what it was like to be a recent high school graduate looking to her future and how often it was terrifying because of climate' change. Kayla Fennell/1350 East Nevada Street/Supported the CEAP position. She graduated from High School the week before and noted how her future was uncertain due to unstable climate leadership. She would not have a secure future. Climate change disasters would breed instability around the world resulting in more wars and desperation. John Nosco/840 B Street/Asked the Budget Committee to support funding for the Affordable Housing Trust Fund (AHTF). He spoke on the advantage of having an ongoing commitment to affordable housing via an AHTF. The City could use revenues from the marijuana tax. Another benefit was funds were not spent until partners had committed to joining the AHTF effort. Budget Committee Meeting June 5, 2017 Page 2of14 Andrew Kubik/1251 Munson Drive/Wanted to know why businesses did not employ private security. Businesses submitted trespass affidavits to the Police Department and paid property taxes but nonprofits could do the same and did not pay taxes. He did not support adding five new police officers. Claudia Alick/460 Siskiyou Blvd/Explained she was the Oregon Shakespeare Festival community producer of the Green Show and explained how staff now had extreme weather protocols for weather events. She was inspired by the high school students who spoke to climate change and proud of the community and City efforts to develop a Climate Energy Action Plan. Huelz Gutcheon/2253 Hwy 99/Submitted a document into the record and spoke on the Ashland Renewable Energy Acquisition Department. The conservation department in the budget was $1.5 million with $1 million going to purchase clean Kilowatt-hour equivalents at $1.20 that should be .05 cents. City Attorney Dave Lohman explained the chair had the authority under meeting rules to rearrange the order of business on the agenda. A committee member could also make a motion to lay a matter on the table that meant to postpone an item later in the meeting. This form of motion was not amendable or debatable and prevailed on a majority vote. Mr. Slattery explained why he thought the current agenda order was important. Chair Runkel wanted to discuss the add packages prior to approving the budget. Administrative Services/Finance Director Mark Welch confirmed the Budget Committee could approve the tax rate then make a motion to levy the other .09 cents if needed. Furuichi/Amery m/s move agenda item V. before approving the .09-cent increase on taxes. DISCUSSION: Mr. Amery explained if the discussion was on funding add packages the Committee should understand what they were and how to pay for them first. Mr. Furuichi thought the assumption of approving the .09 cents was premature and wanted to discuss all of the expenditures and possible cuts to balance the budget. Ms. Cody agreed with Mr. Furuichi. Mr. Lemhouse clarified the budget as presented was balanced at the current tax rate, not with the proposed increase. He agreed with Mr. Slattery on the agenda order. Mr. Stromberg supported keeping the agenda as is and would not support the motion. Ms. Darrow confirmed the process and supported retaining the agenda. Chair Runkel thought discussing add packages after approving the budget went against state budget law. Mr. Lemhouse disagreed commenting this was not an attempt to limit the discussion. Mr. Furuichi raised of point of information on changing an allocation once the tax rate was approved. Mr. Welch confirmed the Committee could do that by motion. Mr. Furuichi thought that would lengthen the meeting and wanted to discuss add packages prior to approving the budget. Roll Call Vote: Furuichi, Cody, Moran, Hyatt, Runkel, and Amery, YES. Slattery, Nagel, Morris, Seffinger, Stromberg, Rosenthal, Lem.house, and Darrow, NO. Motion failed 8-6. OLD BUSINESS Discussion on material provided pursuant to the Budget Committee action on May 25, 2017 Administrative Services/Finance Director Mark Welch compiled and posted budget questions received by May 30, 2017 to the website. Staff answered all the questions. There were three categories, clarifications, management and operational questions, and Council policy direction. Chair Runkel was troubled by increases he saw in the numbers that looked to be a $570 increase for every person in Ashland. Mr. Rosenthal noted staff's efforts. There were over one hundred questions and staff responded to each one. Mr. Amery was unclear on options regarding the healthcare fiend and the $525,000 that rolled in and out of the fund. Mr. Welch explained there was a 2% interest on the loan. Council could forgive the loan or just the interest via a resolution. Removing the $525,000 from the fund would create a negative balance of Budget Committee Meeting June 5, 2017 Page 3 of 14 $300,000. If the loan was forgiven for five years and in that time the fund gained a healthy balance, the City could reduce the healthcare benefit contributions that would affect the General Fund and the enterprise funds that could reduce fees charged to customers. He cautioned against forgiving the loan for five years or reducing the interest. It was the same as continuing the loan practice. The Employee Health Benefit Advisory Committee (EHBAC) recently imposed a higher deductible on employees as well as an increase in contributions. Human Resource Director Tina Gray further explained the City raised the premium contribution 5% in January and would raise it another 10% in July. The City paid 95% and the employee paid 5% but the premium costs increased and resulted in the City and employees paying more. Premium costs were reflected in the budget. The deductible for employees went up $100 and out pocket maximum increased to $900. Mr. Slattery suggested not forgiving the loan, leaving it in place and moving on to the rest of the budget. Mr. Amery preferred discussing the item. Chair Runkel moved the discussion forward. Mr. Furuichi explained the answers provided by staff raised even more questions. The $1.66 million in the General Fund showed a transfer in from CIP on page 3-20 in the budget document. A Central Services Fund charged departments higher than anticipated fees so that amount came from the Capital Improvement Fund. He questioned whether it complied with ORS 223.208 that prohibited capital funds transfers to the general fund. Mr. Welch clarified it was going to the Central Services Fund not the General Fund. Mr. Furuichi thought the Central Services Fund passed through all the departments and wanted to know the funding source for those departments. Mr. Welch explained the Central Services Fund serviced electric, water, and sewer citywide and did not receive direct taxes. Franchise Fees went to the General Fund and not the Central Services Fund. Mr. Furuichi considered departments funded with General Fund money that had the Central Services allocation increase a transfer to reduce the General Fund. Mr. Welch clarified the General Fund was not the main funding source of the Central Services Fund. Chair Runkel asked if the transfer paid for current government cost through capital money. Mr. Welch responded it did not. The facilities portion of the Capital Improvement Fund came from fees paid by departments for upkeep of buildings and facilities. The change lowered the internal service charge to all departments and enterprise funds in order to balance the budget and accommodate the PERS increase. Chair Runkel thought it was a budget gimmick. Mr. Slattery raised a point of order on Chair Runkel's statement and explained no one was trying to hide items or move things. Questions were fine but it was important to respect and not diminish the process. Chair Runkel took note and commented he had not seen operating transfers like this in previous budgets. Mr. Stromberg added former Interim Administrative Services/Finance Director Bev Adams had worked hard at putting together a balanced budget that continued to deliver the services the City provided to the community. She transferred approximately $1 million from the Facilities Fund into the Central Services Fund to reduce the charges from the Central Services Fund to all departments to offset the PERS allocation. Mr. Furuichi countered the alternative to raising fees was cutting costs. Page 3-6 showed the long-term plan for the General Fund reflecting a negative. Mr. Welch clarified the General Fund would end with approximately $4.4 million of fund balance. The 2017-19 projection was $2 million. Mr. Furuichi had grave concern regarding the General Fund reflecting a negative fund balance. Mr. Stromberg noted future year projections were based on increasingly arbitrary assumptions. Mr. Furuichi wanted to work with the City on determining a realistic projection of fund balance. Mr. Slattery did not support a biennium budgeting process and thought there should be regular ongoing discussions during the off budget year. He wanted to appoint an ad hoe committee under his leadership to Budget Committee Meeting June 5, 2017 Page 4 of 14 determine rules of engagement, and uses of the Budget Committee in the off years. Mr. Amery suggested meeting quarterly instead of creating an ad hoc committee. Furuichi/Cody m/s to have regular quarterly meetings two to three weeks after the close of a quarter to review the budget to actual financials and any topic that came up. DISCUSSION: Mr. Stromberg raised a point of order whether the Budget Committee had the ability to schedule meetings outside the budget process. City Attorney Dave Lohman replied no. Those decisions were made by the City Council. Once the Committee approved the budget, any decisions on subsequent meetings by the Budget Committee up until the next biennium budget were for the City Council to decide. Additionally, those discussions would need to be limited. Chair Runkel ruled the motion was not in order. Mr. Furuichi referenced the motion he made on May 18, 2017 that staff provide budget support in compliance with Oregon Budget Law 294.358(3) and 294.388(5). The information staff provided at the May 25, 2017 meeting did not tie to the budget. There were significant variances. Mr. Welch explained the only way he could answer Mr. Furuichi's request was going page-by-page showing how they did tie to the budget. The salaries provided at the May 25, 2017 meeting were actual work papers they used in the office. Additional pay factored into some of the benefit calculations. Removing deferred compensation from the salary amount tied to every department page. Mr. Furuichi wanted to know the total deferred compensation on page 29. Mr. Stromberg raised a point of information regarding Mr. Furuichi's questions. It sounded like he was challenging the competency or ethics of staff. Mr. Furuichi explained he did not understand the information and was asking for clarification. He was not satisfied with the responses. Mr. Welch was uncomfortable having the conversation during the meeting. Page 29 of the handout provided at the May 25, 2017 meeting showed salaries. At the bottom of that page, the number was $1.09 million for total salaries. The difference between the two numbers was the deferred compensation portion he spoke to earlier. Mr. Furuichi moved on to Personal Services. It was a total of $1.938614 million in the budget but on this paper, it was $1.867030 million. Mr. Welch explained.the difference was overtime. It was not a position specific calculation. Overtime, holiday pay, and sick time were not specific calculations. Adding overtime and sick time pay out to the number provided on position costing would get to that number. Mr. Furuichi raised a point of clarification. The Budget Committee should be presented a number that made sense and tied rather than having the Committee "hunt" around to find where the balance and transactions were. He was a volunteer and this took a lot of time. He would have preferred a spreadsheet with links. Mr. Rosenthal addressed Mr. Welch and asked him if it was his professional opinion that the City had complied with Oregon budget law 294.358(3) and 294.388(5) based on the information requested. Mr. Welch replied it did comply. Mr. Moran had not liked the response he received on metrics used in Public Works to evaluate performance on page 28 of 89 in the handout. Looking at the 2015-17 budget, he wanted to know how many projects had come in on, under, or over budget. Engineering Services Manager Scott Fleury had put together an email on the status of the CIP projects as a continuation of information presented to the Budget Committee September 2016. In addition to the email, he had forwarded hard copies to the Finance Department to distribute to the Budget Committee. It provided a current overall status of each project in the list and funding detail. Mr. Welch clarified his earlier comment on being uncomfortable. Staff had provided the best possible and accurate information they had. The suggestion of going through the information line by line to justify every single number during a public meeting was difficult. Budget Committee Meeting June 5, 2017 Page 5 of 14 Motion to Approve the 2017-19 Biennial Budget & Levy Tax Slattery/Lemhouse m/s to leave the loan in the healthcare fund in place for the time being and look at other opportunities down the line to have it paid back with interest. DISCUSSION: Mr. Amery thought the loan should be forgiven in a manner that allowed the fund to be healthy in the future. Mr. Slattery thought the point of Mr. Amery's discussion was that he did not want the loan forgiven. Mr. Amery clarified he did not want it forgiven but postponed without interest for a period so the fund could grow. Mr. Stromberg raised a point of order and suggested Mr. Amery amend the motion. Amery/Slattery m/s to amend the motion that staff come up with an alternative means to address the loan without forgiving it that enabled the healthcare fund to grow with Council approval. DISCUSSION: Ms. Darrow raised a point of order and asked Mr. Amery to define Committee. Mr. Amery clarified he meant the Budget Committee. He was not sure 'if this was in the Committee's purview. Mr. Slattery explained the reasoning behind his motion was to hold the loan in place until a committee could decide how to proceed. That could be in six months or the next biennium. City Attorney Dave Lohman noted if the amendment passed it would take a subsequent action by the Council through a resolution. Mr. Lemhouse would oppose it due to the wording. It gave the Committee the responsibility of coming up with solutions. He thought that was staff's job. Mr. Stromberg thought the amendment was a good idea but staff with Council approval should determine the details. Mr. Amery confirmed the intent of his amendment was having staff come up with solutions that Council would approve. Roll Call Vote on amendment: Nagel, Runkel, Cody, Morris, Amery, Lemhouse, Moran, Darrow, Stromberg, Seffinger, Hyatt, Rosenthal, Slattery, and Furuichi, YES. Motion passed. Roll Call on the main motion as amended: Hyatt; Rosenthal, Runkel, Darrow, Lemhouse, Amery, Stromberg, Cody, Morris, Furuichi, Nagel, Seffinger, Moran, and Slattery, YES. Motion passed. The Committee discussed whether to make the motion to approve the budget first or make amendments prior. Mr. Stromberg raised a point of order and explained why the process was better making the main motion first then adding amendments. Chair Runkel agreed. Mr. Amery raised a point of information and asked for further clarification on the voting process and projects. Mr. Slattery explained CIP projects were approved within the, budget but individual items still needed to come forward to Council along with public hearings. CIP projects were not automatically approved when the Budget Committee passed the budget. Mr. Stromberg further explained the budget provided financial capabilities to implement various projects although some funding sources may need to be found. Having the Budget Committee pull money out of the budget regarding a specific project would be pre-empting Council process. Mr. Amery was concerned that the City had spent and raised many fees over the past few years for projects and thought the City needed to be more sensible on how it spent the funds. He was also concerned about the Reserve Fund and the potential for another economic crisis. Chair Runkel cited state budget law and stated capital projects had to be appropriated through a CIP fund approved by the Budget Committee. Every item in the CIP was subject to approval or consideration by the Budget Committee. Mr. Rosenthal explained budget was a strategy. A budget manager tried to project every potential expenditure and the revenue source. It did not mean the proj ect would happen. To remove Budget Committee Meeting June 5, 2017 Page 6 of 14 a project from the budget at this point would be irresponsible. Every department had projects that would not go forward and some would through grants. The budget was a plan. Mr. Furuichi wanted to know how the projects were being funded. Mr. Slattery noted that information was already supplied. Mr. Welch explained there was not one specific funding source for each CIP project listed. The budget document had a summary on page 1-10 and 1-11 that laid out the proposed project along with planned resources. This information was in the department section as well. Mr.. Furuichi asked if revenue bonds and general obligation bonds were part of the plan if they needed to be included in the.budget. Mr. Lemhouse responded Council decided whether to use bonds or not. Alternately, the Council could decide not to do the project. Mr. Furuichi explained ORS 294-388 stated it did not have to go into this budget if it was a revenue bond that's referral period ended after the preparation of the budget or a general obligation bond approved by electors in the current budget year. Capital projects did not need to be included in the Budget Committee review and should not. It caused the Budget Committee to spend time on things they did not need to address. Mr. Slattery further explained the CIP was part of the plan. Slattery/Nagel m/s to approve the City of Ashland 2017-19 biennial budget and recommend the budget to the City Council for adoption, approve the property tax levy in the amount of 4.1972 per $1000 of assessed value for fiscal year 2017-18 and fiscal year 2018-19 respectively, approve property taxes for the payment of general obligation principal and interest bonded debt in the total of $515,309 for fiscal year 2017-18, and $514,499 for fiscal year 2018-19. DISCUSSION: Mr. Slattery noted it was a balanced budget and time to approve. Mr. Furuichi and Chair Runkel discussed reductions and additions in line items to preserve the funding balance. Mr. Stromberg raised a point of order and explained budget law did not allow discussions outside of the budget. It seemed Mr. Furuichi and Chair Runkel was having a colloquy. Committee members could make amendments. Mr. Slattery agreed Committee members should make amendments. Furuichi/Cody to amend the motion that the Fire Department budget be reduced by the supplemental budget approved last year that expires end of fiscal period, and could provide $1.3 million for the Police Department, LEAP, and some others. DISCUSSION: Mr. Furuichi understood Council had approved three new positions in the Fire Department budget as amid-year adjustment using overtime. This year, their budget reflected a small reduction in overtime with three full time positions. It was prudent to let the supplemental expire and use the funds to fund other priorities. Ms. Cody confirmed the Fire Department would use the General Fund to fund the three firefighters once the overtime expired. Mr. Welch clarified the supplemental budget was binding until the fiscal year ended, June 30, 20.17: The amendment would not add $1.3 million to the budget. Mr. Furuichi explained he had another proposal for the Fire Department. Mr. Rosenthal stated the process was "just flat crazy." This was a City Council consideration. This was one of the oddest motions he had ever heard. There was not enough information to begin consideration of the amendment. Ms. Darrow read the following the Citizens Budget Committee page on the City website, "The budget committee does not change staffing level, salary schedules or negotiate salary contracts. It is not the committee's role to adjust policies or priorities set by the Council, or add, delete, increase or decrease programs." She noted a gray area in the sentence following, "The budget committee can make changes to any of the line items in the budget to meet the goals and services established by the Council within the revenues projected." She agreed with Mr. Rosenthal that this was not within the Committee's purview. Budget Committee Meeting June 5, 2017 Page 7of14 Roll Call Vote on amendment: Furuichi, YES, Hyatt, Morris, Nagel, Lemhouse, Runkel, Seffinger, Moran, Rosenthal, Darrow, Amery, Slattery, Cody, and Stromberg, NO. Motion failed 13-1. Slattery/Stromberg m/s called for the question. Roll Call Vote: Stromberg, Morris, Amery, Darrow, Seffinger, YES; Runkel, Cody, Lemhouse, Moran, Furuichi, Hyatt, Rosenthal, Slattery, and Nagel. Motion failed 9 to 5. Furuichi/Amery m/s to amend the motion by reducing the AFN budget by $1.3 million to fund the Police FTEs and CEAP. DISCUSSION: Mr. Furuichi explained the City had spent a lot of time investing in AFN and he thought there was a better way to provide the service.- He wanted AFN to find a way to fund itself with a reduced budget. Mr. Amery explained AFN finally had a platform that could be successful. Taking away funds and reducing that capability would hurt it in the long term. Removing funds was not prudent. Mr. Welch confirmed that AFN was currently covering operating costs and contributing $409,000 to the debt reduction. Mr. Stromberg agreed with Mr. Amery. Mr. Slattery added his agreement that it was not the time to reduce funds for AFN. Mr. Furuichi clarified his intention was pushing AFN to increase their customer service base. Roll Call Vote: Furuichi, YES; Darrow, Morris, Runkel, Lemhouse, Cody, Slattery, Stromberg, Hyatt, Rosenthal, Nagel, Seffinger, Amery, and Moran, NO. Motion failed 13 to 1. Mr. Moran stated AFN performance had not performed well and needed attention. Even when AFN presented, they mentioned a marketing plan that did not show the necessary results. The budget showed where they were $300,000 below forecast. Mr. Stromberg raised point of order that Mr. Moran's comments did not pertain to the discussion on the main motion. Chair Runkel explained the Committee had the discussion on the motion. Nh-. Moran's statement was out of order. Mr. Lemhouse raised another point of order and clarified Mr. Moran could speak to the main motion and could talk.about AFN as it related to the whole budget. Runkel/Cody m/s to amend the motion to reduce the Economic Development program from $360,000 to $100,000. DISCUSSION: Chair Runkel explained this would allow cost savings in the budget. This area showed a weak performance, business licenses had declined and he wanted to see it centralized within the City. He was disappointed that in this budget process they had not looked at ways to save money. Ms. Cody agreed on the lack of performance and bringing it into the City. Mr. Lemhouse understood the desire to cut expenses. He thought the City could operate within the budget and did not advocate reducing the Economic Development fund. Without a detailed plan on how to use that $100,000, it was difficult to support that kind of reduction. Mr. Moran noted the Chamber of Commerce used to handle many of the Economic Development tasks and thought it should revert to the Chamber. Mr. Stromberg explained the Council passed a resolution allocating the Transient Occupancy Tax (TOT) with $175,000 going to the Economic Development. He did not think the. Budget Committee could undo a resolution. In addition, the City and the Chamber collaboration on Economic Development had been remarkable. Chair Runkel clarified the motion did not intend to remove money from the TOT and indicated page 2-7 of the budget and explained it was a $100,000 in City expenses. His motion would move Economic Development back into the City. Ms. Darrow commented the motion had merit but would not support it. She did support Council reviewing different ways to appropriate money. Mr. Morris would not support the motion either. The Economic Development plan was in place. Cutting funds would cause reallocations. It did not make sense. Budget Committee Meeting June 5, 2017 Page 8 of 14 Mr. Stromberg raised a point of order during the roll call because Mr. Slattery and Mn Amery abstained from the vote. Mr. Amery abstained because he was confused on how add packages would be funded. Mr. Slattery abstained because of a potential conflict of interest. Mr. Lemhouse raised a point of order and explained a person could not abstain unless there was a conflict of interest. City Attorney Dave Lohman agreed. A committee member had to vote yes or no unless they were recused after providing an explanation. Mr. Slattery declared his wife was the executive director of the Chamber of Commerce. Even though it was a potential conflict of interest, he wanted to recuse himself. Lemhouse/Stromberg m/s to recuse Mr. Slattery. Voice Vote: ALL AYES. Motion passed. Roll Call Vote: Furuichi, Runkel, Moran, Amery, Cody, YES; Morris, Nagel, Lemhouse, Darrow, Seffinger, Rosenthal, Stromberg, Hyatt, NO. Motion failed 8-5. Mr. Runkel motioned to zero out social services grants, and the non-tourism aspects of the economic cultural and sustainability grants because TOT funded them. Mr. Stromberg raised a point of order regarding the motion. The Budget Committee voted to accept the recommendations of the subcommittee regarding grants at the May 25, 2017 meeting. Chair Runkel withdrew the motion. Furuichi/Amery m/s to amend the motion by reducing the health fund by $1.3 million per year to fund the Police Department and CEAP positions. DISCUSSION: Mr. Furuichi thought the employees were doing a good job looking at ways to reduce the self-insurance nightmare. It was fiction that it would create savings in the future. He wanted them to research other insurance programs. His personal analysis showed a potential savings of $1.5 million or $2.1 million. Mr. Welch explained there was reinsurance on the health benefit plan. Mr. Stromberg thought this was wildly crazy and irresponsible to dismantle a self- insurance program. It was not a nightmare. Self-insurance had helped keep costs down. The City was saving $400,000 a year. Staff was learning along the way. It was not a disaster. Mr. Lemhouse would not support the motion and did not think it was a nightmare either. The City had saved some and there was a potential to save more. Premiums had gone up nationally and the City rate had increased but not as much. He took issue with using words like "nightmare" and "crazy." Roll Call Vote: Furuichi, and Cody, YES; Seffinger, Runkel, Lemhouse, Moran, Slattery, Darrow, Stromberg, Hyatt, Rosenthal, Nagel, Morris, Amery, NO. Motion failed 12-2. Mr. Lohman clarified the Department of Revenue Budget Manual stated the Budget Committee's role was not to directly establish or eliminate specific programs or services. The Budget Committee's influence was most often exerted at a higher level when it approved the budget and established the tax levy. The manual also stated if a majority of Budget Committee members agreed, it could add or delete funding for specific services. Runkel/Furuichi m/s to amend the motion and remove from the budget the expenditure of $631,000 year one and $631,000 in year 2 for shading of Bear Creek. DISCUSSION: Mr. Runkel explained the Department of Environmental Quality (DEQ) no longer supported this type of mitigation for shading effluent and did not think it was a worthwhile project. Mr. Furuichi noted there was $189,000 in sewer SDCs and $1,000,000 in fees and rates as a source of funds. He supported using that source to fund other positions. Mr. Slattery asked Chair Runkel if he had calculated what it would cost the citizenry by not doing the shading project. This was similar to deferred maintenance. Chair Runkel responded DEQ had Budget Committee Meeting June 5, 2017 Page 9 of 14 not given a current ruling on the temperature reduction. Mr. Slattery thought this was a City Council policy decision and not up to the Budget Committee. Ms. Darrow thought it was premature to remove the item from the budget until there was a final ruling from DEQ. Engineering Services Manager Scott Fleury explained this was one of the projects to achieve compliance with wastewater effluent. In December 2015, DEQ proposed and passed legislation that approved Water Quality Trading or shading for credits for far field built temperature compliance. The near field compliance effort was the outfall relocation from Ashland Creek to Bear Creek. They were dual solutions and separate projects built to achieve total temperature compliance for the effluent. Alternative solutions were building a cooling tower and chillers. Shading was environmentally sound and less expensive. Costs for a cooling tower and chiller was $8 to $9 million in capital with $175,000 to $250,000 annual operating costs. The oxidation ditch was the biological treatment of the wastewater. Mr. Fleury was not aware that DEQ no longer thought this process was viable. Staff would meet with DEQ in a few weeks to discuss moving forward with the program. Chair Runkel stated DEQ was very favorable at one point but no longer. Mr. Fleury clarified it was not a requirement and one of the ways the City could meet temperature compliance. DEQ was not requiring the City to do specific mitigation measure. They were requiring the City to mitigate the issue with a solution the City chose. Mr. Morris thought this demonstrated the issue with changing the CIP items. It affected technical, engineering, and master plan solutions by not funding them. The temperature requirement was a requirement the City had to meet. Mr. Fleury explained the temperature requirement would be in the City's new permit. The timetable was 2019. If the City proceeded before the permit, DEQ would issue credits prior to establishing the new permit itself. Mr. Furuichi agreed with Mr. Morris. The projects needed a schedule and timeframe associated with them. He submitted a document into the record from Ted Hall providing a process he wanted the City to incorporate. Mr. Lemhouse explained amounts in the CIP were reflective of a strategy Council had discussed thoroughly years ago how to resolve cooling the effluent. He would not support the motion. Mr. Stromberg acknowledged Mr. Hall but noted there were competent people in Public Works. These projects involved serious research and consideration. Mr. Furuichi clarified he was not questioning the competency of staff. Mr. Stromberg added although the Budget Committee was highly qualified it did not have the engineering expertise and Committee members needed to be aware of the influence their words had on the viewing audience. Mr. Amery thought some of the frustration was not knowing how the City would pay for the add packages and extra head count. No one was looking at delaying projects to free up funds. Roll Call Vote: Runkel, YES; Rosenthal, Cody, Stromberg, Hyatt, Lemhouse, Moran, Darrow, Amery, Seffinger, Nagel, Slattery, Furuichi, and Morris, NO. Motion failed 13-1. Cody motioned to amend the motion and remove the East Nevada Street Extension from the budget. Motion died for lack of a second. Ms. Hyatt observed the Budget Committee was looking ahead taking into consideration PERS, forecastable economic cycles, and a static population and expectations of that population. There were also regulations, and an infrastructure that needed attention. Some of the solutions suggested tonight were products of trying to do right by the citizenry. She was struggling with the budget. Three weeks reviewing the budget was not enough time to make a decision. She thought Mr. Slattery`s idea was critical. She wanted. to know if the motion could be amended to include next steps for the ad hoc committee and the Budget Committee. Mr. Amery added he too struggled with budget. Predominately because he did know the history on some items. He wanted to start planning to build the reserve fund over time to be proactive. Roll Call Vote on main motion: Seffinger, Darrow, Hyatt, Lemhouse, Amery, Slattery, Nagel, Morris, Stromberg, and Rosenthal, YES; Moran, Cody, Runkel, and Furuichi, NO. Motion passed 10-4. Budget Committee Meeting June 5, 2017 Page 10 of 14 DISCUSSION OF FUNDING FOR COUNCIL PRIORITY BUDGET ADD-INS Lemhouse/Slattery m/s to provide a dedicated revenue stream to fund the Affordable Housing Trust Fund using City proceeds from the marijuana tax. DISCUSSION: Mr. Lemhouse commented it was not a solution to affordable housing but was a crucial piece. 'Mr. Slattery added this was another tool to move forward. It would grow over time. Administrative Services/Finance Director Mark Welch anticipated the City's portion of the tax would be $100,000 for the biennium. Ms. Hyatt clarified the Budget Committee was not allowed to budget funds unless they were available and measurable. City Attorney Dave Lohman explained once the money was available they could. do a supplemental budget. The purpose of the discussion was to get Budget Committee input so when it did become available, the Council would have the benefit of the Committee's input. Mr. Lemhouse withdrew the motion. Lemhouse/Darrow m/s the Budget Committee support the Council using City marijuana dedicated revenue steam to fund the Affordable Housing Trust Fund. DISCUSSION: Mr. Amery suggested using only part of the City portion for the Affordable Housing Trust Fund and the other portion elsewhere. Ms. Seffinger agreed with Mr. Amery and thought the second portion could go towards building the reserve fund. Stromberg/Slattery m/s to amend the motion to establish a target level of funding up to $100,000 a year of the City's. marijuana tax portion. DISCUSSION: Ms. Hyatt was encouraged to know they could revisit the allocation in two years if needed. Mr. Darrow thought there were constraints within the ordinance itself that required matching funds and oversight. If it could not leverage the money for the intended programs, Council could address using the funds in another area. Ms. Seffinger supported the motion, it was important for the community. She thought $100,000 was more than they would receive. Mr. Lemhouse would support the motion. Mr. Amery would support the motion but was concerned on building the reserve fund. Roll Call Vote: Amery, Furuichi, Hyatt, Lemhouse, Moran, Morris, Nagel, Seffinger, Slattery, Stromberg, Rosenthal, and Darrow YES; Cody and Runkel, NO. Motion passed 12-2. Mr. Morris preferred funding the Affordable Housing Trust Fund through another source other than marijuanataxes. Roll Call Vote on amended main motion: Morris, Stromberg, Cody, Darrow, Amery, Lemhouse, Moran, Furuichi, Seffinger, Hyatt, Rosenthal, Slattery, and Nagel, YES; Runkel, NO. Motion passed 13-1. Slattery/Darrow m/s to fund the Climate Energy Action Plan position within the current budget as already approved, having the City Administrator, Mayor, and staff to figure out how to incorporate that position without spending more money in the budget. DISCUSSION: Mr. Slattery wanted a dedicated person to the position and there was enough room within the budget to fund one position at this level. Ms. Darrow would support the motion. The Conservation Commission had programs that already addressed some of the items in CEAP. She wanted a collaboration on the position between the City and the community. Mr. Lemhouse supported the position and the motion. He did not see an alternate revenue stream he felt comfortable using to fund the position. Mr. Rosenthal urged a no vote on the motion. Supporting the motion effected staff three ways. Someone could lose their job to make room for the CEAP position. There was the possibility current staff did not have the expertise required for the position. It could eliminate a pertinent position when someone retired. The right way was finding a new revenue source and not sacrificing another position. Ms. Seffinger noted Budget Committee Meeting June 5, 2017 Page 11 of 14 this was one of the most important issues of our time. She wanted a dedicated revenue stream for the position. She would not support the motion. Mr. Stromberg thought the City needed to create a new position. The meter fee would turn out to be less than a dollar a month per meter. He would not vote against the motion but supported a new position with its own funding. Cody/Seffinger m/s to amend the motion for funding sources for the Climate Energy Action Plan position-to come out of the Electric and Water Conservation programs. DISCUSSION: Ms. Cody explained this was a viable funding source. Ms. Seffinger agreed. Mr. Rosenthal raised a point of information and asked Assistant City Administrator Adam Hanks whether this was a viable funding source. Mr. Hanks explained water and electric rates funded both divisions. Diverting funds to the CEAP position would require cuts to either division or rate increases in water or electric. Both programs did CEAP related actions already and he was not sure what they could change to accommodate the new position. Primarily the Energy Conservation Division was energy efficiency, renewable programs, and water efficiency in the Water Master Plan. Ms. Darrow clarified her second to Mr. Slattery's motion. She wanted to find within the budget, programs and other things to put together funding for the position. Mr. Hanks would bring information on what might be lost or gained regarding funding the position and options to a future Council meeting for consideration. Mr. Lohman explained Mr. Slattery's motion would eliminate positions in the Electric Department and Public Works Department in order to have a CEAP position. Ms. Cody's amendment spoke to how it would happen. Mr. Slattery thought his motion was funding the position out of the existing budget and did not think anyone would lose his or her job to fund the position. Mr. Lohman clarified the amendment would take funds out of the conservation programs. Essentially, the only thing in the conservation programs was staff. Mr. Moran thought staff could multitask. Mr. Hanks explained they could not fund a new position using existing funds. The two people in both divisions had full time tasks and more. Staff in these divisions would perform some of the actions in the CEAP because they already did those duties. The CEAP position was beyond what staff in those divisions currently did. Although there was overlap, the current positions could not assume CEAP position duties. They were a function of the plan but the position defined in the plan covered much more. Mr. Morris would not support the amendment or the motion. The CEAP position was not what the conservation people were doing, it was bigger. The CEAP position needed a dedicated funding stream in order for it to be successful. Mr. Slattery agreed the City needed a specialist. He just thought the funding might be available within the current budget. Stromberg/Rosenthal m/s to call for the question. Voice Vote: All AYES. Motion passed. Roll Call Vote on the amendment: Runkel, Cody, Moran, Furuichi, and Seffinger, YES; Stromberg, Morris, Amery, Lemhouse, Darrow, Hyatt, Rosenthal, Slattery, and Nagel, NO. Motion failed 9-5. Rosenthal/Lemhouse m/s to amend the motion to identify the following funding sources for the Climate Energy Action Plan staff, 50% from the Electric Fund, and 50% the Central Service charges. DISCUSSION: Mr. Rosenthal explained this was the staff recommendation. He thought the intent was finding a way to create the position that did not take from something else and fund it with the most logical non-property tax-funding source. That would be from the Electric Fund and internal charges to all departments. Mr. Lemhouse would support the motion. It would not threaten jobs and the revenue streams identified were possible. However, if it turned out there were problems with this funding, he wanted staff to bring forth an alternative. Ms. Darrow could not support the motion fully. She agreed with 50% coming from Central Service fees but wanted other options instead of using the Electric fund. Mr. Amery Budget Committee Meeting June 5, 2017 Page 12 of 14 questioned why the motion could not have the concerned parties look within the budget to try and fund the position. Ms. Hyatt agreed with Mr. Amery and Ms. Darrow. Mr. Furuichi raised a point of clarification and wanted further details on the funding recommendation. Mr. Rosenthal responded it was in the memo regarding the CEAP position and provided to the Budget Committee as one of two possible funding sources. The second option was raising the property tax. Mr. Amery raised a point of clarification and confirmed the motion would increase fees in the Electric Fund. For the Central Services, staff could take it out of the Ending Fund Balance this year or they could reallocate charges. They would not be able to reallocate all the Central Services charges between now and when Council approved the budget. Mr. Furuichi raised point of clarification to confirm there were Central Services charges to the Electric fund. He thought it was "double dipping." Mr. Hanks clarified only a small portion. Mr. Furuichi commented it would be 50.5% for the Electric Fund due to the Central Services allocation. Stromberg/Seffinger m/s to call for the question. Voice Vote: Amery, Cody, Darrow, Furuichi, Hyatt, Lemhouse, Moran, Morris, Nagel, Runkel, Seffinger, Slattery, and Stromberg, YES; Rosenthal, NO. Motion passed 13-1. Roll Call Vote on the amendment: Morris, Nagel, Lemhouse, Seffinger, Rosenthal, and Stromberg, YES; Hyatt, Furuichi, Runkel, Moran, Darrow, Amery, Slattery, and Cody, NO. Motion failed 8-6. Roll Call Vote on main motion: Nagel, Runkel, Cody, Amery, Lemhouse, Darrow, Stromberg, Seffinger, Hyatt, Slattery, and Furuichi, YES; Morris, Moran, and Rosenthal, NO. Motion passed 11-3. Morris/Stromberg m/s to add the permit ombudsman using one tenth through the Community Development building permit fee, $20,000425,000 from existing Economic Development, and the remaining from Central Service charges to the departments. DISCUSSION: Mr. Morris thought the program was long overdue. They needed the position and it would. make the process more effective. He did not think Community Development could fund the position entirely. The economic development portion was appropriate for the position along with the building permit fees. Mr. Stromberg agreed with Mr. Morris. The Community Development fee increase was appropriate. Mr. Lemhouse supported the intent and confirmed raising the one-tenth percent permit fee would increase fees significantly. Ms. Hyatt confirmed with the exception of the permit fee increase, the rest of the funding would be accomplished within the existing budget. Interim City Administrator John Karns explained the methodology was three tiered. He wanted to capture people managed or advantaged by this position. The ombudsman would create a link between the departments affecting development. Development had become complex with many overlays that required a combination of efforts from several departments. It also served as an economic development tool. Mr. Furuichi asked what the performance metrics were for the position. Mr. Karns explained the position would be a communication link between departments. A reporting mechanism would come to Community Development and Administration to check on performance of the departments and developers. The ombudsman would provide outreach for a new inter-governmental software that would allow the public and developers to view the status of their projects. Mr. Furuichi wanted to know what value the position would provide in terms of new permits and revenues. Mr. Karns replied the coordination efforts from the ombudsman would produce increased performance from the departments involved. Mr. Stromberg added the position would improve coordination, and execution. Mr. Moran agreed with Mr. Furuichi and wanted Budget Committee Meeting June 5, 2017 Page 13 of 14 to know the metrics around what the Budget Committee could expect for $110,000 a year. Roll Call Vote: Seffinger, Darrow, Hyatt, Lemhouse, Slattery, Nagel, Morris, Stromberg, Runkel, and Rosenthal, YES; Moran, Amery, Cody, and Furuichi, NO. Motion passed 10-4. BUDGET COMMITTEE COMMENTS Furuichi/Amery m/s to recommend to Council there is a budget meeting scheduled in July to review the 8th quarter financial information year to date actuals compared to the 2015-17 budget and have a summary of actual fund balances at the end of that fiscal period. DISCUSSION: Mr. Furuichi thought regularly scheduled meetings were important and something he wanted to have occur monthly. A quarterly meeting would suffice. Mr. Amery agreed. There was a lot of misunderstanding on what was expected and required. Mr. Lemhouse supported the motion with the caveat there was an understanding that approving the financial report was a function of the Council. Mr. Stromberg raised a point of order and explained the Council decided what the Budget Committee did. Meetings were something the ad hoc committee could determine. Mr. Furuichi raised a point of clarification and explained staff was already working on quarterly financials for the Council, he was not asking for additional work. Mr. Stromberg clarified the Committee did not have the authority to require additional meetings, Council did. Mr. Furuichi refrained his motion as a recommendation to Council and thought regular meetings would eliminate the need for an ad hoc committee. Mr. Slattery disagreed with both Mr. Furuichi and Mr. Stromberg. He did not think the Budget Committee knew the rules of engagement. The current budget process proved that. An ad hoc would sort that out for the Budget Committee. He was fine meeting quarterly or every other quarter. This budget process had not shown good government and the way the committee members were treating each other. Members could.not keep from interrupting one another and that was just common decencies that occurred during meetings. The Budget Committee needed to improve how they met. This was important business and needed to be treated that way. City Attorney Dave Lohman explained the Budget Committee did not have authority to set meetings during the off-season after the budget was approved. It was clear in the Department of Revenue Budget Manual. Local budgeting for Oregon from the Department of Revenue explained the governing body might reconvene the Budget Committee in the event the. financial conditions of the district changed at the discretion of the governing body. Some of the Committee members' terms would lapse between now and the next biennium. This Budget Committee finished its work when it adopted the budget. Council could decide to call back the members but the members were not automatically members anymore. The motion was invalid because it conflicted with budget law. Darrow/Seffinger m/s to raise the property tax the remaining 9 cents to the assessed value, raising approximately $222,000 annually as a start to funding the commitment to funding the police officers. DISCUSSION: Ms. Darrow thought it was important to fund the officers. She was not in favor of raising utility rates and this was a valid way to get started on funding the police positions. That Ashland was a quiet town of over 20,000 people was a ridiculous notion. Up to 400,000 people came to Ashland annually and it stressed public safety and city infrastructure. Ms. Seffinger explained there were many reasons to add police staff. One was the prevention of crime. Job responsibilities were increasing. Police now had to deal with mental health issues. Police safety was an issue. The police were crucial in disaster events. Crime had also increased. Mr. Lemhouse would not support raising the property tax. He supported the additional staff and thought it would fall to the Council to find ways to fund the positions. It would take time to hire five police officers and it may occur incrementally. Mr. Furuichi supported the Budget Committee Meeting June 5, 2017 Page 14 of 14 additional positions. He had proposed several options to fund them that were unsuccessful. He would not support the property tax increase and encouraged Council to look at his ideas. Mr. Morris added other options included using the state portion of the marijuana tax, or funds from the call center if it went to a separate district. Council had time to determine funding. He went on to comment on the Budget Committee discussing what to fund. The budget process was not determining who was over paid. It was an investment in the community. It was something that should continue. Throughout the meetings, he often heard references on how other cities managed their budget process and it frustrated him. If someone wanted to do things the way another city did they should move back there. Yet no one wanted to go back so there must be a reason. Mr. Amery agreed with Mr. Morris and Mr. Lemhouse. He supported more officers but was concerned on limited funds. The City could not keep spending. He wanted to allocate funding for two officers for now, create a plan and reserve funds and in two to three years add more. Mr. Lohman noted if the motion passed it would be at odds with the earlier motion to approve the budget and set a tax rate. The Council could resolve it subsequently. Mr. Runkel explained this was why he had wanted to change the agenda. Mr. Runkel wanted to the revise the motion. Mr. Slattery commented changing the motion was not necessary at this time. Presently, there was a motion to fund the police officers using nine cents in.the property tax. If that passed, they could make another the motion. Mr. Runkel questioned doing two motions when one could cover both. Stromberg/Seffinger called for the question. Vote by show of hands: Amery, Cody, Darrow, Hyatt, Lemhouse, Moran, Nagel, Rosenthal, Runkel, Seffinger, Slattery, and Stromberg, YES; Furuichi and Morris, NO. Motion passed 12-2. Roll Call Vote on main motion: Darrow, Morris, Stromberg, Rosenthal, and Seffinger, YES. Runkel, Lemhouse, Cody, Slattery, Furuichi, Hyatt, Nagel, Amery, and Moran, NO. Motion failed 9-5. ADJOURNMENT Meeting adjourned at 10:48 p.m. Respectfully submitted, Dana *Smith Assistant to the City Recorder Council Business Meetin July 18, 2017 Title: Emergency Procurement Ovivio USA, LLC From: David Gies Wastewater Treatment Plant Supervisor david.gies@ashland.or.us Summary: Approval is being requested for an Emergency Procurement. This Emergency Procurement will allow the Wastewater Treatment Plant to directly award a contract to Ovivio USA, LLC to repair the #2 clarifier at the WWTP. Ovivio USA, LLC provided a proposal, including detailed cost options to rebuild the existing unit and provide a new replacement unit. WWTP staff is recommending the #2 clarifier be replaced with a new replacement unit at a cost of $95,282.00. Option #1 - Rebuild $100,054.00 Option #2 - Replacement (new) $95,282.00 Actions, Options, or Potential Motions: The Council, acting as the Local Contract Review'Board, moves to approve the direct award to O.vivio USA, LLC to provide and install and a new replacement unit at the WWTP. Staff Recommendation: Staff recommends the public contract be directly awarded to the manufacturer of this equipment, Ovivio USA, LLC for the new replacement unit at the proposed cost of $95,282.00. Resource Requirements: The funding will come from the WWTP infrastructure budget. Policies, Plans and Goals Supported: N/A Background and Additional Information: This Emergency Procurement is required to replace a drive unit on secondary clarifier #2 at WWTP. This unit helps to remove solids from the system. There are a total of 3 secondary clarifiers and if one of the other 2 units fails then there is a highly probable likelihood that the NPDES permit will not be met. Therefore, it is important that this unit be repaired and or replaced quickly. There was no advance warning or indication that this unit was going to fail. Attachments: Ovivio USA, LLC - Proposal Page 1 of 1 CITY OF ASHLAND PROPOSAL' . Worldwide Experts Q2017037-CL in Water Treatment 14 JULY 2017 i u ASHLAND WWTP ASHLAND, OR a{ PROJECT 30SI Drive Unit Rebuild/Replace for 80' dia. Dorr Oliver" RSR Clarifier Serial #80740-2 AREA REPRESENTATIVE Treatment Equipment Company Jens Nielsen (253) 508-9955 iensk tec-nw.com Chad Layton O vivo USA, LLC Phone (801) 931-3240 4246 Riverboat Road -Suite 300 Fax :01) 931-3080 Salt Lake City, Utah 84123-2583 chad.laVton@ovivowater.com l 1 PROPOSAL r PROJECT SUMMARY: Ovivo USA, LLC (formerly EIMCO Water Technologies - EWTII) is pleased to offer the following proposal to provide materials and labor to perform a standard rebuild of one (1) 3051 drive unit at our authorized rebuild center in Salt Lake City, UT, also including drive unit access platform and turn-key labor services. This is for one (1) existing 80' dia. Dorr Oliver® clarifier installed in 1974 under serial #80740-2. Ovivo is also providing new replacement C30HT drive unit as an option. Rebuild of 3051 drive unit Disassembly and Inspection m Completely disassemble drive into individual parts and components. a Steam clean and inventory all parts. Standard Rebuild o Blast clean bases, main gear, housings, covers, and end cap. Machined surfaces are protected or are not blasted Replace all wear items i.e. bearings, bearing strip liners, bearing balls, seals, gaskets, keys, retaining rings, grease fittings, gauges, piping and fasteners m Deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shafts m Polish all shafts s Completely re-assemble, paint and inspect equipment. Premium Ovivo paint scheme, two (2) coats of Tnemec Series N69F epoxy @ 6-8 mils DFT o Top coated with (1) coat of Tnemec Series 73 Endura Shield urethane paint @ 2-3 mils DFT o Topcoat is highly resistant to abrasion, wet conditions, corrosive fumes, chemical contact and weathering a One (1) year warranty parts & workmanship • Replace drive motor (3/4hp), sprockets and chain ® Rehab existing torque overload alarm device s Drive unit freight to/from rebuild facility Non-Standard Rebuild items - NOT included o Replacement of gears, pinions or housings if required Drive lubricants or special paint O & M manual - -•-Field service startup/checkout (see optional adder below)---- I . Ovivo USA, LLC 14246 Riverboat Road, suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com i PROPOSAL Q2017037-CL Drive Unit Platform Ovivo will manufacture and supply one (1) drive unit platform required for drive unit conversion to include the following: 8'x 8' square steel access platform with connections to and support from the existing bridge structure and center column. ® W aluminum checkered floor plate platform walking surface • 1%" diameter aluminum pipe, 2 rail design hand railing with mechanical fasteners e Paint process is an SSPC-SP-6 metal prep followed by two (2) coats of Tnemec Series 69 primer and finish coat for a DFT total of 6-8 mils o Installation fasteners (304 SS) © Adapter steel • One (1) year warranty m Engineering a FOB ship point freight prepaid and allowed Items NOT Included ® Removal or installation services o Finish or touch up painting • Lubricants or drive unit oil e Disposal of any old lubricants/fluids © Overtime work hours or removal of old debris '1 0 0§ _ u~~i_ re m d p1affa~;r tt a~ c i ed a 23_ ± - lead tia?~IS~46w,efr 30S~";cl ov'rb`uilLead time's<is~G&wee!<sif©ridrluez~unitapLtforrrlr Dote: Drive rebuild price is based on a typical (standard) rebuild and does not include the replacement of major components. If any of these items are in need of replacement, they will be at additional cost to the order. 1 Drive Unit Rebuild Labor Removal & Installation Services This will require two (2) separate mobilizations to the site First mobilization: • Mobilization to site - crane, mats, rigging & related equipment • Crib up rake arms • Remove walkway & 3051 drive unit •One-(1)-yearwarranty-parts-& installation - • Demobilization of personnel and equipment • 10 hours per day Ovivo USA, LLC 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.mm i PROPOSAL Q16.17037-CL Second mobilization: m Mobilization to site - crane, mats, rigging & related equipment m Re-install rebuilt 30S1 drive unit & walkway 0 Install drive unit access platform m Remove cribbing m Re-level rake arms & mechanism m Test run clarifier m One (1) year warranty parts & installation m Demobilization of personnel and equipment m 10 hours per day Items NOT Included m Draining or cleaning of tank prior to start of removal or installation m Electrical disconnect/installation or alteration of existing electrical supply m Finish or touch up painting ® Lubricants or drive unit oil a Disposal of any old lubricants/fluids • Overtime work hours or removal of old debris a Field service startup/checkout (see optional adder above) 6~~oc $ ®1te~n l onsia I n scgs porrn- iet ~5-descgcbeMa~gve -64n. 1 - T sjs avprevail ng~rar~ project ae d~those p'_ic -care ~fl cted-sr~ o-s~quot: f Optional Adder: Please ADD the following price to include one Ovivo serviceman visit for one (1) trip of one (1) day on site to perform check-out (start-up) and inspect rebuilt or new drive unit installation, platform installation and provide operator training. Price includes all travel and miscellaneous expenses. P,rscm or field ervice check®ut complete as del l ibed:abo~oe: 1609! - L~ &f _ _ - Ovivo C30HT Drive Unit Ovivo will manufacture and supply one (1) complete C30HT drive unit to include the following: m Basic C30HT drive rated to match existing 30S1 drive unit • Drive torque control unit with micro switches and actuating pin a Motor drive package (3/4 hp TEFC motor, reducer, sprockets, chain and guard) • Ovivo paint scheme, two (2) coats of Tnemec Series N69F epoxy @ 6-8 mils DFT o Top coated with (1) coat of Tnemec Series 73 Endura Shield urethane paint @ 2-3 mils DFT-(sky-blue color) - o Topcoat is highly resistant to abrasion, wet conditions, corrosive fumes, chemical contact and weathering • Installation fasteners & shim kit (304 SS) • Adapter steel Ovivo USA, LLC (4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com • e•e • Q2017037-CL 14july 17 • 0 & M manual ® One (1) year warranty o FOB ship point freight prepaid and allowed m Engineering Items NOT Included m Finish or touch up painting v Lubricants or drive unit oil Disposal of any old lubricants/fluids Drive Unit Platform Ovivo will manufacture and supply one (1) drive unit platform required for drive unit conversion to include the following: m 8'x 8' square steel access platform with connections to and support from the existing bridge structure and center column. aluminum checkered floor plate platform walking surface m 1%" diameter aluminum pipe, 2 rail design hand railing with mechanical fasteners • Paint process is an SSPC-SP-6 metal prep followed by two (2) coats of Tnemec Series 69 primer and finish coat for a DFT total of 6-8 mils m Installation fasteners (304 SS) o Adapter steel • One (1) year warranty • Engineering ® FOB ship point freight prepaid and allowed Items NOT Included m Removal or installation services • Finish or touch up painting • Lubricants or drive unit oily 6 m Disposal of any old lubricants/fluids • Overtime work hours or removal of old debris Price fi C-3pa"ft'ie~e= i tt er pracer~'err9t_8jplatf~rm as tl~scri ed,abovte .....................:41;475 _ . . ead time (s 6=8'weeks=for C30HT dr yeunit.& i?latfo_rov Drive Unit Replacement Labor Removal & Installation Services o Mobilization to site -crane, mats, rigging & related equipment • Crib up rake arms • Remove walkway & 3051 drive unit • Install adapter steel & new C30HT drive unit Ovivo USA, LLC 14246 Riverboat Road, Suite 300, Salt Lake Cft Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com PROPOSAL Q2017037-CL o Install drive unit access platform o Re-install walkway m Remove cribbing ® Re-level rake arms & mechanism o One (1) year warranty parts & installation m Demobilization of personnel and equipment m 10 hours per day Items NOT Included m Draining or cleaning of tank prior to start of removal or installation o Electrical disconnect/installation or alteration of existing electrical supply o Finish or touch up painting/ m Lubricants or drive unit oil 9' l © Disposal of any old lubricants/fluids n ~iy m Overtime work hours or removal of old debris- m Field service startup/checkout (see optional adder above) V~ ■•ice=f®rr~30E4++rerc~v'alJrsfl9ation services eormplefe as described alcove ;5Q,2 ao: WON e~aiBng~~a proji`~t==`a'ny d th~os ~r s a~~.flec~'e~-3~,~fii~~~g~aat~ T,has- pr Optional Adder: Please ADD the following price to include one Ovivo serviceman visit for one (1) trip of one (1) day on site to perform check-out (start-up) and inspect rebuilt or new drive unit installation, platform installation and provide operator training. Price includes all travel and miscellaneous expenses. Prt~ cing -11bldssenY c-e_cftecl ou ,complete as escribed booed o..aY;...::;. =3;60Q DELIVERY/ Ovivo intends to ship all Products as indicated above after. receipt of approved purchase order and approved submittal drawings from Purchaser. However, the date of shipment of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal. If such delivery is prevented or postponed by reason of Force Majeure, as defined in Ovivo's standard terms and conditions of sale, Ovivo shall be entitled at its option to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser'-s-acceptance-of-delivery,-to-cause-the-Products-to-be-stored-at-such-a-point or points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If.shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Ovivo that the Products are ready for Ovivo USA, LLC 14246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com PROPOSAL Q-2917037-CL shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are. FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within forty five (45) days after Purchaser's receipt of invoice. Invoice will be submitted after all materials have been received at the job site or they have been successfully installed by an Ovivo contractor and the field service check-out and start-up procedure is finalized. Credit is subject to acceptance by the Ovivo Credit Department. Purchaser shall remit payment for proper invoices received from Ovivo in accordance with the payment terms stated above even if the Purchaser has not been paid by the Purchaser's customer (the "Owner"), if Purchaser is not the end-user of the Products. Payments are due within forty five (45) days after Purchaser's receipt of invoice. Overdue and unpaid invoices are subject to a service charge of 2% per month until paid. If Purchaser requests or causes cancellation, suspension or delay of Ovivo's work, Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to date of such event plus Ovivo's overhead and reasonable profit. Additionally, all charges related to and risks incidental to storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment for all work shall be due and payable forty five (45) days from the date work is placed into storage. TAXES Federal, State or local sales, use or other taxes are not included in the sales price. Such taxes, if applicable, shall be for Purchaser's account. I BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such work or expenses, until after Purchaser/Owner has provided Ovivo's PROJECT MANAGER full details (including estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ovivo has approved the same in writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has Ovivo USA, LLC 14246 Riverboat Road, Suite 300, Salt Lake OtV, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com PROPOSAL Q2017037-CL previously accepted the return in writing and provided Purchaser/Owner with shipping instructions. "PURCHASE ORDER-SUBMISSION", In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4246 Riverboat Road - Suite 300, Salt Lake City, Utah 84123-2583 Fax 801-931-3080 Tel. 801-931-3240 chad.layton@ovivowater.com ADDITIONAL FIELD SERVICE When included and noted in the Product pricing of each proposal item, Ovivo will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days. Notwithstanding Ovivo's performance of the above-referenced services, Ovivo shall not be held liable for any faulty workmanship or other defects in the Products' installation, or for other goods and/or services, performed-by third parties unless such goods and/or services are expressly included under Ovivo's scope of work. If additional service is required over and above the Field Services described above, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's responsibility to provide for all necessary lubrication of. all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. SURFACE PREPARATION AND PAINTING GENERAL INFORMATION If painting the Products is included under Ovivo's scope of work, such Products shall be painted in accordance with Ovivo's standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or Ovivo USA, LLC 14246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com PROPOSAL finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability. GENERAL ITEMS NOT INCLUDED Unless specifically and expressly included above, prices quoted by Ovivo do not include unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. Performance and payment security, including but not limited to bonds, letters of credit, or bank guarantees, are not included, but can be provided if purchased for an additional cost. MANUALS The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Products are copyrighted and shall not be modified without the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Ovivo in connection with the Project. WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo's offer of Products and related services and replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. Ovivo USA, LLC 14246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com b PROPOSAL Q2011037-CL 1. ACCEPTANCE. The proposal of OVIVO USA. LLC ("SELLER'), m well ns these tents and eonditioms of applicable to the Products supplied. sale (collectively the °Agrmnent')• constitutes SELLERS contractual offer of goods and associated senicw, and 11, SOFTWARE. PURCHASER shall have a nonexclusive and nonrmmfembk license to use any information PURCHASER's acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms processing program supplied by SELLER with the Products. PURCHASER acymowledges that such programs and and conditions of this Agreement represent the entim offer by SELLER and suprscde all prior solicitations, the information contained themin is Confidential Information and agrees: a) not to copy or duplicate We program discussions, agreements, understandings and mp e,watation between the parties. Any scope or terms and 12. PATENT INDEMMTY. SELLER wit defend at its own expense any suit instituted against PURCHASER conditions included in PURCHASER's acceptance/purchase order that arc in addition to or different from this based upon claims that SELLERS Product hereunder in and of itself constitutes an infringement of any, valid Agreement am hereby rcjectcd. apparatus claims of any United States paint issued and existing s of the dale of this Agreement, if notified 2. DELIVERY. Any statements relating to the date of shipment of the Products (as damned below) represent promptly in wiling and given all infenmtion, assistance, and sole authority to defend and sadc the same, and SELLER'S best estimate, but is not guaranecd, and SELLER shall not be liable for any damages due to lat. SELLER shall indemnify the PURCHASER against such clainn of infringement. Fuithamom, in case the use of delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terns stated the Products is enjoined in suelr suit or in case SELLER olbernise dims it advisable, SELLER shill, al its ovva in SELLER'S proposal. If such delivery, is prevented or postponed byres son of Fomc Mojevhe (as defined below), expense and discretion, (a) pmcum for the PURCHASER the right to continue using the Products, (b) replace the SELLER shall be entitled at its option to lender delivery to PURCHASER at the point or points of manufactun; same vwith nontinfringing Products, (c) modify the Product so it becomes non-inf fnging, or (d) remove the and in default of PURCHASER's acceptance of delivery, to cause the Products to be stated at such a point or points Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and of manuFaerum at PURCHASER'S cspense. Such tender, ifaeecptcd, or such storage, shall eamtilutc delivery for PURCHASER shall indemnify SELLER for, any, claim of infringement related to (a) die use of the Products for all purposes of this agreement. If shipment is postponed at request of PURCHASER, or due to delay in m cipt of any purpose other than that for which it vas fumished by SELLER, (b) compliance with equipment designs not shipping instructions, payment of the purchase prize shall be due on notice from SELLER that to Products arc furnished by SELLER or (c) use of the Products in combination with any other equipment. The foregoing states ready for shipment. Handling, moving, storage, inumocc and other charges thereafter incurred by SELLER with the sole liability of SELLER for patent infringement with respect to the Products respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when 13. GENERAL INDEMNITY. Subject to the rights, obligations and limitations of liabilities of the parties set invoiced forth in this Agreement, PURCHASER shall protect and indemnify SELLER, its ultimate parent, its ultimate 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in die Products to the paran's subsidiaries and each of their respective officers, directors, employees and agents, from and ogairm an extent permitted by applicable law, including a security interest in We Products, until the full purchase price has claims, demands and causes of action asserted by any entity to the extent of PURCHASER'S negligence or willful been paid to SELLER The giving and accepting ofdmfts, notes and/or trade aeeepLvecs to evidence the payments misconduct in connection with this Agreement due shall not constitute or be constmed as payment so as to pass SELLER's interests until said drafts, notes and/or 14. DEFAULT. TERMINATION. In the event that PURCHASER becomes insolvent, comuhitsm act of trade acceptances arepaid in full. Risk ofloss shall pass to PURCHASER at the delivery, point. bankruptcy or defaults in the performance army term or condition of this Agreement, the entire unpaid portion of 4. PAYh1ENT TERMS. SELLER reserves the right to strip the Products and be paid for such on a pro into basis, the purchase price shall, without notice or demand, become immediately, due and payable. SELLER at its option, ' asshipped. Ifpaymena arenot made by the due date, interest at a rate of two percent (20%) pcr month, calculated without notice or demand, shall be emitted to sue for said balance and for reasonable legal fret, plus out-of-pocket daily, shall apply from The due date for payment. PURCHASER is liable to pay SELLER'S legal fees and all other avcnscs and interest; and/or to enter any, place when the Products are located and to take immediate possession of expenses in mpcct of enforcing or attempting to enforce any of SELLER'S rights relating to a beach or threatened and remove the Products, wide or without legal process; and/or retain all payments made as compensation for the breach of the payment Icin s by PURCHASER.. use of the Products: and/or resell the Products, without notice or demand, for and on behalf of the PURCHASER, 5. TAXES. Unless otherwise specifically, provided in SELLER's quotationtproposal; PURCHASER shall pay and to apply die net proceeds from such sale (after deduction from the sale price ofall mpereses ofsuch sale and all and/or reimburse SELLER, in addition to the price, for all sales, use and other raves, excises and charges which expenses of retaking possession, repairs necessary, to put the Products in saleable condition, storage charges, t-es, SELLER may pay or be required to pay to any government directly or indirectly in connection with the production, liens, collection and legal fees and all other expenses in connection themvith) to the balance then due to SELLER sale, transportation, and/or use by SELLER or PURCHASER, of any of the Products or services dealt with herein for the Products and to receive from the PURCHASER the deficiency between such net proceeds of sale and such (whether the same may be regarded as personal or real property,). PURCHASER agrees to pay all property and balance. PURCHASER hereby waives all trespass, damage and claims resulting from mysuch entry, repossession, other taxes which may be levied assessed or clargd against or upon any of the Products on or after the date of mmo al, retention, repair, alteration and sale. The remedies provided in this paragraph am in addition to and not actual shipment, or placing into storage for PURCHASER'S account. limitations army other rights of SELLER 6. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER -is that a- 15. CANCELLATION. PURCHASER nay terminate this Agreement for convenience upon giving SELLER equipment and parts manufactured by it and provided to PURCHASER(colledively,'Products') shall be free them thirty (30) day: prior writer notice of such fact and paying SELLER for all costs and expenses (including defects in material and worlmo ship. The %arcinty period shall be twelve (12) months from startup of the overhead) incurred byit in performing its work and closing out the sonic plus a reasonable profitthcrcon. All such equipment not to exceed eighteen (18) months from shipment. If any of SELLER'S Products fail to comply with costs and expcaaes shall be paid to SELLER within ten (10) days of the termination of the Agreement, or be the foregoing warranty, SELLER shall repair or replace free of chargo to PURCHASER, EX WORKS SELLER'S subject to an additional late payment penally, arrive percent (5%) ofthe total amount of costs and expenses owed. FACTORIES or other location dot SELLER designates, any Product or parts thereof miumed to SELLER, which 16, RENIEDIFS. The rights and remedies of the PURCHASER in connection with the goads and services examirution shall show, to have failed under normal use and service operation by PURCHASER within the provided by SELLER hereunder am exclusive and limited to the rights and remedies expressly, stated in this Warranty Period; provided, that if 4 would be impracticable for the Product or part thereof to be returned to AgrecmenL SELLER, SELLER will send a mprescnmtive to PURCHASEWsjob site to inspect the Product. If it is dacrmfned 17. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER's facility. after inspection that SELLER is liable underthis warranty to repair or replace the Product or pan thereof, SELLER SELLER reserves the right to dacrminethe reasonableness ofthe request and to select an appropriate time forsuch shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its inspection All costs of inspections not mprwsly included as an itemiud part of the quoted price of the Products representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is in this Agtn:mem shall be paid by PURCHASER. dctemined after inspection that SELLER is not liable under this warranty, PURCHASER shall pay those costs. For 18. WAIVER. Any failure by SELLER to enforce PURCHASER's strict performance of my provision of this SELLER to be liable with respect to this marmrity, PURCHASER must make its claims to SELLER with respect to Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this naneenty in writing no later than thirty (30) days after the data PURCHASER discovers the basis for its this Agreement. warranty claim and in no event more than thirty (30) days after the expiration ofthe Warranty, Period. In addition to 19. COMPLIANCE WITH LAWS. If applicable laps, ordinances, regulations or conditions requiro anything any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at of tot following: O failure of the Products, or damages to them, due to PURCHASER's negligence or willful PURCHASER'S written request and expense. misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or 20. FORCE IMMURE, I£SELLER is rendered unable, wholly or in material part, by reason ofForec hfajeum to written instructions that SELLER provides to the PURCHASER); (i) my Products that have been altered or cany out any of its obligations hereunder, then on SELLER's notice in writing to PURCHASER within a repaired in any way without SELLER'S priorwxitten authorimthm;(fii)The costs of'dismantling and reinstallation mosonable time after the occurrence ofthe cause mlied upon, such obligations shall be suspended'Porce Majeum" ofthe Products;(fv) my Products damaged while in transit or ohetwise byacefdrnt;(e) decomposition ofProducts shall include, but not be limited to, acts of God, laws and mguLatfont, stnlms, civil disobedience or unrest, by chemical action, erosion or corrosion or wear to Products or due to conditions oFtempemture, moisture and dirt; lightning, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASEWs or (v) claims with respect to pans that am consunuble and normally replaced during maintenance such as filter subcontractors, btalage or accident to equipment or machinery, uars, police actions, terrorism, embargw, and any media, filter drainage bells and the like, except where such parts am not performing to SELLERS cstirrate of other noses that am not reasonably, within the cannot critic SELLER Uthe delay is the result ofPURCHASER's normal.senice life, in which case. SELLER shall only be liable for the pro into cost of replacement of those pans action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to minibursemem of costs based on SELLER'S estimate of what the remaining service life of those pans should have been; provided, that incurred to maintain its schedule. failure of those parts did not rcauir from any of the mairm listed in clause (i) through (v) above With regard to 21. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independent contractor, and turd-party, puts, equipment, aoc s orics or components not of SELLER's design, SELLER'S liability shall be that neither SELLER nor its principals, partners, patents, subsidiaries, afEliatcs, employees or subcontractors am limited solely to the assignmeut of available third-pony %anandes. THE PARTIES AGREE THAT ALL servants, agents, pain tiasJoint ventures orcmplo3ws ofPURCHASER in anywaywhaaocver. OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A 22. SEVERABILITY. Should any, portion of this Agreement, be held to be invalid or unenforceable under PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR applicable law then the validity of the remaining ponfmss thereof shall not be affected by such invalidity or STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PER1111SSMLE BY LAW. All ustrontes unenfmcoability and shall remain in full force and effect. Furthenumm my invalid or unenforceable provision shall be and obligations of SELLER shall terminate if'PURCHASER fats to perform its obligations under ibis Agreement modified accordingly within the confirms of applicable law, giving maximum pmdssable effect to the parties' intentions including but not limited to any failure to pay any charges due to SELLER. SELLER'S quoted price for the expressed herein. Products is based upon this warranty. Any incnnso in warraty obligation may be subject to an increase in pricy 23. CHOICE OF LAW. CHOICE OF VENUE. This Agreement short be governed and construct in accordance 7. CONFIDENTIAL INFORMATION. All nonpublic information and data famished to PURCHASER with the laws of the State of Utah, without m&vd to its rules regarding conflicts or choice of law. The parties hereunder, including but not limited to price, size, type and design ofthe Products is the sole property of SELLER submit to thejurisdictonand venue of the state and federal courts located in Salt lake City, Utah. and submitted for PURCHASER'S own confidential use solely in connection with this Agreement and is not to be 24. ASSIGNMENT, PURCHASER shall not assign or transfer this Agreement iithaot the prior written coment made knoum or available to any third party without SELLER'S prior written consent. of the SELLER Any attempt to make such an assignment or tmnsfcr shall be null and void. SELLER shag have 8. PAINTING. The Products shall be painted in accordance with SELLER'S standard practice, and purchased the authority to assign, or otherwise transfer, its rights and obligations in connection with this Agreement, in whole items such as motors, controls, speed reducers, pumps, clo, will be painted in accordance with manufacturers' or in part, upon prior mium notice to PURCHASER standard practices, unless otherwise agreed in writing. 25, LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL 9. DRAWINGS AND TECHNICAL. DOCUMENTATION. A%gten PURCHASER requests approval ofdmwirigs HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE before commencement of manufacture, shipment may be delayed if appmvcd drawings mc not returned to COST OF CORRECTING ANY DEFECTS, OR IN THE A13SENCE OF ANY DEFECT, IN EXCESS OF SELLER within fourteen (14) days of receipt by PURCHASER of such drawings for approval. SELLER will THE VALUE OF THE PRODUCTS SOLD HEREUNDER. NOTWITHSTANDING ANY LIABILITIES furnish only general arrangement, general assembly, and if required, airing diagrams, erection drawings, OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE inetallation and opcmtion-maimcnance manuals for SELLER'S equipment (in English Language). SELLER will RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT supply six (6) complete sets of drawings and operating hhslmetiom. Additional sets will be paid for by TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF PURCHASER. Electronic files, if requested Item SELLER, will be provided inWf,Jpg or liffom it only. ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR 10. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR paynments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against my money, REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY duo rdaimed to be due from SELLER to-PURCHASER-on account ofmyothertransaction or claim. OTHER-INDIRECT; INCIDENTAL,-SPECIAL,-PUN177VE, EXEMPLARY,-OR-CONSEQUEIYIIAL l except for archival or security, purposes; b) not to we the program on my computer other than the computer with LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER wbich it is supplied; and c) to limit access to the program to those of its employees who arc necessary to permit CAUSE WHATSOEVER. authorized use ofhc program. PURCHASER agrees to execute and be bound by the terms of any software license REFISIONDATE-SEPTFAMER 2010 t Ovivo USA, LLC 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ' ovivowater.com i PROPOSAL . US MUNICIPAL & INDUSTRIAL FIELD SERVICE RATE SKEET Effective June 2016 Standard (Travel) Daily Rate (8 hour day) $ 1,200.00 Hourly Rate (4 hour minimum) $ 150.00 Standard (Labor) Daily Rate (8 hour day) $ 1,200.00 Hourly Rate (4 hour minimum) $ 150.00 Saturday Daily Rate (8 hour day) $ 1,800.00 Hourly Rate (4 hour minimum) $ 225.00 Sundays/Holidays * Daily Rate (8 hour day) $ 2,400.00 Hourly Rate (4 hour minimum) $ 300.00 Overtime Hourly Rate - Standard Day $ 225.00 Hourly Rate-Sundays & Holidays $ 300.00 For all hours worked over eight (8) hours per standard day and Saturdays Sunday & Holiday requests will be billed at the double-time rate UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note: All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fired Per Diem rate is required, it will be charged at $250.00 per day (lodging and meals) with the exception of the East Coast where the price will be $300.00). Travel/Labor on Saturday will be billed at the overtime rate. Travel/Labor on Sunday or Holidays will be billed at the'double-time rate. Use of Ovivo Fleet vehicles for travel will be charged at the rate of $0.54 per mile. Ovivo USA, LLC 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 USA I Tel: (801) 931-3000 1 Fax: (801) 931-3080 ovivowater.com