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HomeMy WebLinkAbout2018-04-03 Council Meeting CITY OF -ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 3, 2018 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of March 19, 2018 2. Executive Session of March 19, 2018 VI. SPECIAL PRESENTATIONS & AWARDS None VII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] IX. CONSENT AGENDA 1. Confirmation of Mayoral appointment of Adam Hanks as Interim City Administrator and approval of contract with John Karns for post-retirement CITY COUNCIL STUDY SESSION DRAFT MINUTES Monday, March 19, 2018 Council Chambers, 1175 E. Main Street Mayor Stromberg called the meeting to order at 5:33 PM Councilor Slattery, Councilor Morris and Councilor Rosenthal were present. Budget Committee Members Pamela Lucas, James Nagel, Garrett Furuichi, Shaun Moran, Paula Hyatt, Shane Hunter and David Runkle were present. L Public Input (15 minutes, maximum) None. II. Look Ahead review Interim City Administrator, Adam Hanks went over the Look Ahead. III. Capital Improvements Plan update Planning Director, Paula Brown gave a Staff report. IV. Financial forecast update and clarification Administrative Service Director, Mark Welch gave a Staff report. Items discussed were: • Financial Forecast • Personnel Services • PERS V. 2nd Quarter Financial Report of the 2017/19 Biennium Mr. Welch gave an overview of the 2°d quarter financial report. He went over the General Fund and the Health Benefit Fund. Chris from OpenGov went over how to navigate the Ashland. or.opengov.com site. VI. Budget Committee volunteers for the Audit Committee Mr. Welch gave a brief Staff report. Mr. Furuichi volunteered to be a member of the Audit Committee. VII. Economic Development, Cultural, Tourism & Sustainability Grant cycle update City Attorney, David Lohman gave a Staff report. Council discussed the process. The Study Session was adjourned at 6:57 PM Respectfully submitted by: City Recorder, Melissa Huhtala Attest, Mayor Stromberg Immediately following the study session, Council will hold an Executive Session for real property transaction pursuant to ORS 190.660(2)(e) in the Jury Room. * While the study session is not a Budget Committee meeting, appointed members of the Citizens' Budget Committee have been individually invited to attend. Notice is hereby provided that the meeting may involve a quorum of the Citizens' Budget Committee in addition to a quorum of the City Council. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). Council Business Meeting April 3, 2018 Confirmation of Mayoral Appointment of Adam Hanks as Interim City Title: Administrator and Approval of contract with John Karns for post- retirement work From: Tina Gray Human Resource Director grayt(a)ashland.or.us Summary: John Karns has been serving as City Administrator since December 1, 2016. He first was asked to step into the role as Interim City Administrator, but his appointment was eventually extended and he was appointed as the regular City Administrator December 6, 2017. Staff was directed to begin a recruitment process for City Administrator in January 2018, and John would remain on until his successor was hired. Due to overseas travel and other personal commitments, John has determined he will retire effective March 30, 2018. Staff has engaged the recruitment firm of Springsted lWaters to conduct a search for a successor City Administrator. The selection process should conclude in late spring/early summer and a new City Administrator should be appointed no later than July 1, 2018. From March 17, 2018 until such time as a new City Administrator is hired, the City needs a dedicated point person to oversee City operations and have signatory authority. Adam Hanks has held a variety of positions in his nearly 27 years with the City of Ashland. He has been working closely with John Karns as the Interim Assistant to the City Administrator since February 13, 2017. His varied background and experience with the City make Adam uniquely qualified to ensure continuity of operations on an interim basis. John Karns has agreed to remain available on a contract basis as-needed to support Adam and provide continuity for key projects such as the Strategic Planning process with City Council and upcoming Labor Negotiations with the Public Safety bargaining units. John will also support a smooth transition of leadership with the new Administrator is hired. Actions, Options, or Potential Motions: Move approval of the appointment of Adam Hanks as Interim City Administrator and approval of a post-retirement contract with John Karns until a successor City Administrator is hired in June 2018. Staff Recommendation: Staff recommends the Council confirm the Mayor's appointment of Adam Hanks as Interim City Administrator and approve a contract with John Karns to support the leadership transition and key projects. Page 1 of 2 CITY OF ASHLAND Resource Requirements: All costs associated with hiring a new City Administrator in 2018 have been budgeted, and the position of City Administrator is fully-funded for the biennium. As we have no plans to back-fill Adam's regular position while he steps up, the City will see some budget savings over the months Adam serves as Interim City Administrator. Additionally, the City will only be paying John Karns for actual hours worked and the City will no longer be contributing to his retirement or healthcare. Policies, Plans and Goals Supported: N/A. Background and Additional Information: In December 2016, John Karns was asked to step in as the Interim City Administrator leaving his position as Ashland's Fire Chief. Since that time, Council has asked him to remain on due to the outstanding work he has accomplished while serving as Interim City Administrator. During the October 17, 2017, Regular Business meeting, Council directed staff to initiate a recruitment process for City Administrator in January 2018. Council also asked staff to negotiate with John Karns and return with an employment contract to retain him in a non-interim capacity until the search for a new City Administrator is complete. John has moved up his retirement date and staff believes we are best served by appointing an internal staff member to serve as Interim City Administrator until the new City Administrator is appointed. Adam Hanks has agreed to step into the role of Interim City Administrator and is looking forward to the opportunity. Attachments: • Employment Agreement for Adam Hank as Interim City Administrator. • Contract for continued services as-needed with John Karns. Page 2 of 2 CITY OF -ASHLAND CITY OF ASHLAND Employment Agreement Interim City Administrator THIS AGREEMENT made and entered into this _th day of March, 2018, by and between the City of Ashland ("City") and Adam Hanks ("Employee"). RECITALS: A. City desires to employ the services of Employee as Interim City Administrator of the City of Ashland; and B. It is the desire of the Mayor and City Council to establish certain conditions of employment for Employee; and C. It is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment until July 1, 2018, or the regular full-time position of City Administrator is filled by appointment by the Mayor and confirmation by the City Council, whichever occurs first, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to financial security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and D. Employee desires to accept employment as Interim City Administrator of Ashland. City and Employee agree as follows: Section 1. Duties. The City hereby agrees to employ Adam Hanks as the Interim City Administrator of the City to perform the functions and duties specified in the job description for the position, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. The Interim City Administrator shall devote full time to the performance of his duties for the duration of interim appointment. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of the Interim City Administrator at any time, subject only to the provisions set forth in this agreement. Page - 1 B. Employee agrees to remain as interim City Administrator until the regular full-time position of City Administrator is filled or until July 1, 2018, whichever occurs first, and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. The end date of July 1, 2018 may be extended by mutual agreement. C. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall give the City three weeks written notice of such intention, unless such notice is waived by the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. City agrees to pay Employee a wage of $57.80/hour ($10,019.08/month). Section 4. Automobile Allowance. Employee's duties require that Employee shall have the exclusive use at all times during employment with the City of an automobile to carry out the business of the City. The City shall provide a vehicle or an automobile allowance of $400/month if the employee chooses to use his own personal vehicle for City business. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of her personal vehicle. Section 5. Tools and Equipment. City agrees to provide the tools and equipment necessary for the Interim City Administrator to efficiently perform his duties. Section 6. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Dated this of , 2018. Melissa Huhtala, City Recorder John Stromberg, Mayor Accepted this day of , 2018. Adam Hanks Page - 2 CITY OF ASHLAND Employment Agreement City Administrator Contracted Services THIS AGREEMENT made and entered into this day of March, 2018, by and between the City of Ashland ("City") and John Karns ("Employee"). RECITALS: A. City desires to employ the services of Employee on contract basis to provide advisory services to the Acting/Interim City Administrator, Mayor, City Council and staff as needed; and B. It is the desire of the Mayor and City Council to establish certain conditions of employment for Employee; and C. It is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to financial security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services when City may otherwise desire to terminate Employee's services; and D. Employee desires to accept employment as a Contracted City Administrator for the City of Ashland between April 1, 2018 and June 30, 2018. As needed to maintain continuity of projects and ensure a smooth transition of leadership. City and Employee agree as follows: Section 1. Duties. The city hereby agrees to employ John Karns on contract to support City Administration and to perform such other legally and ethically permissible and proper duties and functions as the Mayor and/or City Council shall from time to time assign. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of the contracted City Administrator at any time, subject only to the provisions set forth in this agreement. Page - 1 B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provisions of this agreement. C. Employee agrees to remain in the employ of City until June 30, 2018. This provision shall not restrict Employee from accepting other work activities provided these activities do not conflict with the duties of the Employee or otherwise create a conflict of interest for the City. D. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. Beginning April 1, 2018, City agrees to pay Employee at the rate of $70.26/hour for each hour worked. As the employee will retire from Oregon PERS effective March 31, 2018, employee will report and receive compensation for actual hours worked, and no additional benefits or compensation will be granted. Employee is responsible for tracking his hours and not exceeding 599.99 hours/year as a retired OPSRP employee. Section 4. Hours of Work. The Employee shall be available to provide consulting services on a contract basis during the duration of the contract. He shall not exceed (40) hours/week and shall not work more than 599.99 hours in a calendar year for any public employer individually or collectively. Section 5. Benefits. Except as modified by this agreement, Employee shall not receive any benefits beyond hourly compensation. Section 6: Termination. For the purpose of this agreement, involuntary termination shall occur: A. If the Mayor with consent of the Council discharges or dismisses the employee prior to the end of the contract term. B. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Mayor or City Council that the Employee resign. Page - 2 Section 7. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Dated this of , 2018. Melissa Huhtala, City Recorder John Stromberg, Mayor Accepted this day of '2018. John Karns Page - 3 Council Business Meeting April 3,2018 Title: 2nd Quarter Financial Report of the 2017/19 Biennium From: Mark Welch Administrative Services Director Mark.Welch@ashland. or. us Summary: The Council are supplied with quarterly financial reports to ensure budget compliance and for informational and comparative purposes throughout the year. The 2" d Quarter Financial Report was reviewed by City Council at a Study Session that included Budget Committee Member participation. Actions, Options, or Potential Motions: I move to accept the second quarter financial report as presented Staff Recommendation: That Council review and accept the 2nd quarter financial report. Resource Requirements: N/A Policies, Plans and Goals Supported: Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. Background and Additional Information: The attached financial statements cover 6 months of activity for the period July 1, 2017 through December 31, 2017, and equate to 25% of the biennial budget. Financial statements provide a mechanism to review the City's financial transactions on a quarterly basis. The Financial Report includes all funds and department. Total citywide revenue collections for this period are 21 % of budget appropriations. Total citywide expenses of 17.5% of budget appropriations are below the projections for the biennium. Overall, the financial position is stable for the period as reflected in these reports. Note: Pages 3-5 provide a useful "at a glance" expenditure compliance report, with pages 6-24 showing both revenue and expenditures by Fund. Attachments: 2nd Quarter Financial Report Page I of 1 CITY OF -ASHLAND City of Ashland Summary of Cash and Investments December 31, 2017 Balance Balance Change From Fund December 31, 2017 December 31, 2016 FY 2017 General Fund $ 8,650,167 $ 8,487,823 $ 162,344 Parks General Fund 477,561 68,060 409,501 Housing Trust Fund 230,469 - 230,469 Community Block Grant Fund 21,316 20,408 908 33,641 172,502 Reserve Fund 33, (138,861) Street Fund 4,064,627 5,483,769 (1,419,142) Airport Fund 145,859 142,908 2,951 Capital Improvements Fund 2,172,949 2,576,784 (403,835) Parks Capital Improvements Fund 988,545 1,055,969 (67,423) Debt Service Fund 696,019 1,020,039 (324,020) Water Fund 8,628,230 6,819,541 1,808,689 Wastewater Fund 8,551,795 7,152,617 1,399,178 Storm Drain Fund 1,717,832 - 1,717,832 Electric Fund 1,073,810 978,201 95,609 Telecommunications Fund 436,184 165,939 270,245 Central Services Fund 783,874 811,060 (27,186) Insurance Services Fund 895,400 1,047,130 (151,730) Health Benefits Fund 502,369 432,314 70,055 Equipment Fund 3,739,835 3,186,419 553,416 Parks Equipment Fund 183,435 205,789 (22,354) Cemetery Trust Fund 959,855 949,329 10,526 $ 44,953,772 $ 40,776,601 $ 4,177,171 Total Cash Distribution $ 44,953,772 $ 40,776,601 $ 4,177,171 Manner of Investment General Banking Accounts $ 583,025 $ 668,480 $ (85,455) Loral Government Inv. Pool 44,370,746 39,108,120 5,262,626 City Investments - 1,000,000 (1,000,000) Total Cash and Investments $ 44,953,772 $ 40,776,601 $ 4,177,171 Dollar Distribution Cash Balance Distribution Claims & Central Services, Judgments Insurance and Parks and SDC's $661,139 Equipment Funds Recreation Funds $6,194,372 1% 13%~ 49% 14% Trust $960.531 Food & Beverage 2% Unassigned $1,608,600 $21,698053 4% 48% Library All Other (General 0% Government) Debt Reserved Bushes p.: 38% $2,822,720 TOT Tourism Funds 6% $338,658 % 45% Other Reserved 1 Asset Forfeited $10,637,386 $32.313 24% 0% 6. Dec FY18 Financial Reportxlsx 1I18I2018 City of Ashland Statement of Revenues and Expenditures - City Wide As of 12/31/ 17 (25% of biennium) Biennial Percent Biennial To Date Actuals Budget Collected 2015-2017 Resource Summary (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Revenues Taxes $ 16,362,675 $ 50,223,505 32.6% $ (33,860,830) $ 15,331,996 $ 46,433,031 Licenses and Permits 363,978 1,660,300 21.9% (1,296,322) 396,524 2,141,624 Intergovernmental Revenues 1,275,655 9,899,404 12.9% (8,623,749) 2,308,869 6,226,279 Charges for Services - Rate & Internal 29,875,876 119,079,676 25.1% (89,203,800) 27,014,458 109,762,842 Charges for Services - Misc. Service fees 902,550 3,244,733 27.8% (2,342,183) 874,372 3,782,285 System Development Charges 267,333 731,500 36.5% (464,167) 267,094 1,265,774 Fines and Forfeitures 279,191 857,900 32.5% (578,709) 96,750 546,003 Assessment Payments 7,323 60,000 12.2% (52,677) 27,231 133,837 Interest on Investments 285,998 457,850 62.5% (171,852) 90,000 634,042 Miscellaneous Revenues 1,218,854 1,305,564 93.4% (86,710) 258,197 1,384,481 Total Revenues 50,839,432 187,520,432 27.1% (136,680,999) 46,665,491 172,310,198 Budgetary Resources: Other Financing Sources 425,491 56,086,312 0.8% (55,660,821) 866,500 1,831,438 Interfund Loans 2,100,000 0.0% (2,100,000) 325,000 840,544.35 Transfers In 898,879 2,997,791 30.0% (2,098,912) 1,029,075 1,477,867 Total Budgetary Resources 1,324,370 61.184,103 2.2% (59859733) 2,220,575 4,149.849 Total Resources 52,163,802 248,704,535 21.0% (196,540,732) 48,886,067 176,460,047 Requirements by Classification Personal Services 15,722,118 67,376,674 23.3% 51,654,556 14,647,820 59,132,807 Materials and Services 24,552,558 100,407,057 24.5% 75,854,499 22,639,832 87,413,909 Debt Service 2,383,986 10,244,803 23.3% 7,860,817 2,116,878 8,686,005 Total Operating Expenditures 42,658,662 178,028,534 24.0% 135,369,872 39,404,530 155,232,721 Capital Construction Capital Outlay 1,425,646 70,163,409 2.0% 68,737,763 2,208,513 12,371,298 Interfund Loans - 2,100,000 0.0% 2,100,000 325,000 840,544 Transfers Out 898,879 2,997,791 30.0% 2,098,912 1,029,075 1,477,867 Contingencies (Original Budget $3,085,000) - 3,342,185 0.0% 3,342,185 - - Total Budgetary Requirements 898,879 8,439,976 10.7% 7, 7 1,354,075 Total Requirements 44,983,187 256,631,919 17.5% 211,648,732 42,967,118 169,922,430 Excess (Deficiency) of Resources over Requirements 7,180,615 (7,927,384) 190.6% 15,107,999 5,918,949 6,537,617 Working Capital Carryover 39,472,221 38,079,778 103.7% 1,392,443 32,934,606 32,934,606 Unappropriated Ending Fund Balance $ 46,652,836 $ 30,152,394 154.7% $ 16,500,442 $ 38,853,554 $ 39,472,221 6. Dec FY18 Financial Reportxlsx 2 111812018 City of Ashland Schedule of Budgetary Compliance Per Resolution 2017-17 Amended for Resolution 2017-29 As of 12/31/17 (25% of biennium) Biennial to Date Actuals (6 Biennial Budget Percent Months) 2017.2019 Used Balance General Fund Administration $ 751,724 $ 3,006,150 25.0% $ 2,254,426 Administration - Municipal Court 246,571 944,095 26.1% 697,524 Administrative Services - Miscellaneous 4,004 38,000 10.5% 33,996 Administrative Services - Band 39,147 131,540 29.8% 92,393 Administrative Services - Parks 2,604,750 10,601,400 24.6% 7,996,650 Police Department 3,666,633 15,258,125 24.0% 11,591,492 Fire and Rescue Department 4,269,974 17,505,290 24.4% 13,235,316 Public Works - Cemetery Division 184,788 851,778 21.7% 666,990 Community Development- Planning Division 891,430 3,291,729 27.1% 2,400,299 Community Development- Building Division 319,371 1,479,935 21.6% 1,160,564 Community Development - Social Services Grants - 267,940 0.0% 267,940 Transfers 166,851 377,351 44.2% 210,500 Contingency - 790,000 0.0% 790,000 Total General Fund 13,145,243 54,543,333 241% 41,398,090 Parks and Recreation General Fund Parks Division 1,908,950 8,633,533 22.1% 6,724,583 Recreation Division 699,024 3,199,553 21.8% 2,500,529 Golf Division 249,859 1,163,100 21.5% 913,241 Contingency - 195,000 0.0% 195,000 Total Parks and Recreation Fund 21857,834 13,191,186 21.7% 1777352 Housing Trust Fund Materals and Services 366,351 0.0% 366,351 Total Housing Trust Fund - 0.0°/35 Community Development Block Grant Fund Personal Services 14,103 62,880 22.4% 48,777 Materials and Services 41,307 390,905 10.6% 349,598 Total Community Development Grant Fund diD 3 78r 12.2% Reserve Fund Interfund Loan 1,050,000 0.0% 1,050,000 Total Reserve Fund - - - - - - flQr=, 0.0% 00~ Street Fund Public Works - Ground Maintenance 139,219 501,900 27.7% 362,681 Public Works- Street Operations 1,215,716 19,188,971 6.3% 17,973,255 Public Works - Transportation SDC's 327 2,198,720 0.0% 2,198,393 Contingency - 43,685 0.0% 43,685 Total Street Fund 1,715,463 21,933,276 7.8% 20,217,813 Airport Fund Materials and Services 76,650 425,380 18.0% 348,730 Capital Outlay 13,101 312,000 41% 298,899 Debt Service 19,268 77,075 25.0% 57,807 Contingency - 10,000 0.0% 10,000 Total Airport Fund 109,019 824,455 13.2% 715,436 6. Dec FY18 Financial Reportxlsx 3 1/18/2018 Schedule of Budgetary Compliance Per Resolution 2017-17 Amended for Resolution 2017-29 As of 12/31/17 (25% of biennium) Biennial to Date Actuals (6 Biennial Budget Percent Months) 2017.2019 Used Balance Capital Improvements Fund Public Works - Facilities 557,270 2,458,100 22.7% 1,900,830 Administrative Services - SDC (Parks) - 394,640 0.0% 394,640 Administrative Services - Open Space (Parks) 22,603 1,500,000 1.5% 1,477,397 Transfers 600,000 1,667,000 36.0% 1,067,000 Contingency - 60,000 0.0% 60,000 Total Capital Improvements Fund 1,179,873 6,079,740 19.4% 4,899,867 Parks Capital Improvement Fund Materials and Services 13,716 150,000 9.1% 136,284 Capital Outlay 93,465 4,945,000 1.9% 4,851,535 Transfers - 440,440 0.0% 440,440 Total Parks Capital Improvement Fund 107,181 5,535,440 1.9% 4,987,819 Debt Service Fund Debt Service 1,303,885 3,740,387 34.9% 2,436,502 Total Debt Service Fund 1,303,885 3,740,387 34.9% 2,436,502 Water Fund Public Works - Conservation 137,707 738,888 18.6% 601,181 PublicWorks - WaterSupply 341,012 2,751,150 12.4% 2,410,138 Public Works - Water Supply Debt 9,035 636,758 1.4% 627,723 Public Works- Water Distribution 1,587,812 10,807,452 14.7% 9,219,640 Public Works - Water Distribution Debt 227,901 592,101 38.5% 364,200 PublicWorks - WaterTreatment 980,097 24,383,636 4.0% 23,403,539 Public Works - Water Treatment Debt 103,645 282,177 36.7% 178,532 Public Works- ImprovementSDC's 54,777 4,181,350 1.3% 4,126,573 Public Works - Debt SDC's 130,667 430,369 30.4% 299,702 Transfer 125,000 500,000 25.0% 375,000 Contingency - 685,000 0.0% 685,000 Total Water Fund 3,697,653 45,988,881 8.0°% 42,291,228 Wastewater Fund Public Works- Wastewater Collection 1,091,057 6,088,930 17.9% 4,997,873 Public Works - Wastewater Collection Debt 54,014 144,656 37.3% 90,642 Public Works- Wastewater Treatment 1,372,952 10,279,543 13.4% 8,906,591 Public Works- Wastewater Treatment Debt 141,752 3,732,624 3.8% 3,590,872 Public Works - Improvements SDC's - 4,060,025 0.0% 4,060,025 Contingency - 325,000 0.0% 325,000 Total Wastewater Fund 2,659,775 24,630,778 10.8% 21,971,003 Stormwater Fund Public Works- Storm Water Operations 303,183 1,459,713 20.8% 1,156,530 Public Works - Storm Water Operations Debt 11,225 24,500 45.8% 13,275 Public Works - Improvements SDC's 5,471 250,000 2.2% 244,529 Contingency - 30,000 0.0% 30,000 Total Stormwater Fund 319,879 1,764,213 18.1% 1,444,334 Electric Fund Administration - Conservation 458,508 1,486,890 30.8% 1,028,382 Electric - Supply 3,605,583 14,981,925 24.1% 11,376,342 Electric - Distribution 3,338,998 13,390,730 24.9% 10,051,732 Electric - Transmission 472,348 2,531,435 18.7% 2,059,087 Debt Service 22,393 1,128,202 2.0% 1,105,809 Contingency - 225,000 0.0% 225,000 Total Electric Fund 7,897,830 33,744,182 23.4% 25,846,352 6. Dec FY18 Financial Reportxlsx 4 1118/2018 Schedule of Budgetary Compliance Per Resolution 2017-17 Amended for Resolution 2017-29 As of 12/31/17 (25% of biennium) Biennial to Date Actuals (6 Biennial Budget Percent Months) 2017.2019 Used Balance Telecommunications Fund IT - Personal Services 320,887 1,448,575 22.2% 1,127,688 IT - Materials & Services 470,257 1,899,520 24.8% 1,429,263 IT - Capital Outlay 363 150,000 0.2% 149,637 Debt - To Debt Service Fund 204,500 818,000 25.0% 613,500 Contingency - 105,000 0.0% 105,000 Total - Telecommunications Fund 996,007 4,421,095 22.5% 3,425,088 Note; In M & S appropria6'on Central Services Fund Administration Department 885,982 3,775,160 23.5% 2,889,178 Information Technology- Info Services Division 661,596 2,811,275 23.5% 2,149,679 Administrative Services Department 1,336,326 5,212,449 25.6% 3,876,123 City Recorder 90,080 384,450 23.4% 294,370 Public Works - Administration and Engineering 848,086 3,644,262 23.3% 2,796,176 Contingency - 235,000 0.0% 235,000 ~ Total Central Services Fund X070 23.8% Insurance Services Fund Personal Services 56,682 233,160 24.3% 176,478 Materials and Services 687,125 1,854,790 37.0% 1,167,665 Capital - 480,000 0.0% 480,000 Contingency - 38,500 0.0% 38,500 Total Insurance Services Fund 743,807 2,606,450 28.5% 1,862,643 Health Benefits Fund Materials and Services 3,456,052 11,557,301 29.9% 8,101,249 Interfund Loan - 1,050,000 0.0% 1,050,000 Contingency - 500,000 0.0% 500,000 Total Health Benefits Fund 3,456,052 13,107,301 26.4% 9,651,249 Equipment Fund PublicWorks - Maintenance 668,905 3,176,472 21.1% 2,507,567 Public Works - Purchasing and Acquisition 106,334 2,849,000 3.7% 2,742,666 Contingency - 100,000 0.0% 100,000 Total Equipment Fund 775,239 6,125,472 12.7% 5,350,233 Parks Equipment Fund Capital Outlay 133,940 450,000 29.8% 316,060 Total Parks Equipment Fund 133,940 450,000 29.8% 316,060 Cemetery Trust Fund Transfers 7,028 13,000 54.1% 5,972 Total Cemetery Trust Fund 7,028 13,000 54.1% 5,972 Total Appropriations $ 44,983,187 $ 256,631,921 17.5% $ 211,648,734 6. Dec FY18 Financial Reportxlsx 5 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 110 General Fund Taxes $ 14,810,595 $ 42,958,500 34.5% $ (28,147,905) S 13,497,668 S 39,315,229 343% Licenses and Permits 363,978 1,660,300 21.9% (1,296,322) 396,524 2,141,624 18.5% Intergovernmental 530,820 2,246,874 23.6% (1,716,054) 454,887 2,057,077 22.1% Charges for Services 868,113 3,327,000 26.1% (2,458,887) 856,366 3,330,630 25.7% Fines 279,191 857,900 32.5% (578,709) 96,750 546,003 17.7% Interest on Investments 29,849 75,000 39.8% (45,151) 8,508 86,199 9.9% Miscellaneous 46,039 395,200 11.6% (349,161) 52,047 219,974 23.7% Transfer in (Water Fund) 125,000 500,000 25.0% (375,000) 125,000 500,000 25.0% Transfer In (Cemetery Fund) 7,028 13,000 54.1% (5,972) 2,514 15,938 15.8% Total Revenues and Other Sources 17,060,613 52,033,774 32.8% (34,973,161) 15,490,264 48,212,675 32.1% Administration 751,724 3,006,150 25.0% 2,254,426 667,482 2,098,880 31.8% Administration - Municipal Court 246,571 944,095 26.1% 697,524 232,623 951,831 24.4% Administrative Services- Miscellaneous 4,004 38,000 10.5% 33,996 39,707 109,460 36.3% Administrative Services - Band 39,147 131,540 29.8% 92,393 40,568 127,186 31.9% Administrative Services - Parks 2,604,750 10,601,400 24.6% 7,996,650 2,340,000 9,560,000 24.5% Police Department 3,666,633 15,258,125 24.0% 11,591,492 3,378,163 13,487,220 25.0% Fire and Rescue Department 4,269,974 17,505,290 24A% 13,235,316 3,673,586 15,713,581 23.4% Public Works - Cemetery Division 184,788 851,778 21.7% 666,990 184,490 675,452 27.3% Community Development- Planning Division 891,430 3,291,729 27.1% 2,400,299 666,164 2,705,513 24.6% Community Development- Building Division 319,371 1,479,935 21.6% 1,160,564 346,402 1,353,877 25.6% Community Development- Social Services Grants - 267,940 0.0% 267,940 130,885 265,254 49.3% Transfers Out (Debt Service, Cemetery & Housting Trust) 166,851 377,351 44.2% 210,500 293,080 97,010 302.1% Contingency - 790,000 0.0% 790,000 - - Total Expenditures and Other Uses 13,145,243 54,543,333 24.1% 41,398,090 11,993.150 47,145,264 25.4% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 3,915,370 (2,509,559) 256.0% 6,424,929 3,497,114 1,067,411 327.6% Fund Balance, Jul 1, 2017 4,687,674 4,412,535 106.2% 275,139 3,620,263 3,620,263 100,0% Fund Balance, Dec 31, 2017 _$8 603044 $ 1.902.976 452.1 % 3 6.700.068 $ 7.117.377 S 4.687674 151.8% Reconciliation of Fund Balance: Restricted and Committed Funds 862,615 Unassigned Fund Balance $ 7,740.428 6. Dec FY18 Financial ReporLxlsx 6 1/182018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 211 Parks and Recreation General Fund Intergovernmental $ - $ 30,000 0.0% $ - $ - $ ChargesforServices - Internal 2,604,750 10,601,400 24.6% (7,996,650) 2,340,000 9,560,000 24.5% Charges for Services - Misc. Service Fees 413,031 2,181,200 18.9% (1,768,169) 462,644 1,830,527 25.3% Interest on Investments 2,917 14,000 20.8% (11,083) 1,419 5,968 218% Miscellaneous 11,512 60,000 19.2% (48,488) 872 28,543 3.1% Transfers In (Parks CIP) - 170,000 0.0% (170,000) 52,500 52,500 100.0% Total Revenues and Other Sources 3,032,210 13,056,600 23.2% (9,994,390) 2,857,435 11,477,537 24.9% Parks Division 1,908,950 8,633,533 22.1% 6,724,583 1,982,916 7,813,195 25.4% Recreation Division 699,024 3,199,553 21.8% 2,500,529 698,315 2,821,724 24.7% Golf Division 249,859 1,163,100 21.5% 913,241 281,882 1,056,914 26.7% Other Financing Uses - Transfers - - NIA - - 80,000 0.0% Contingency - 195,000 0.0% 195,000 - - Total Expenditures and Other Uses 2,857,834 13,191,186 21.7% 10,333,352 2,963,113 11,771,832 25.2% Excess(Deficiency) of Revenues and Other Sources over 35.9 Expenditures and Other Uses 174,376 (134,586) 229.6% 308,962 (105,678) (294,295) Fund Balance, Jul 1, 2017 209,333 140,165 149.3% 69,168 503,628 503,628 100.0% Fund Balance, Dec 31, 2017 $ 383,709 $ 5,579 6877.7% $ 378,130 $ 397,950 $ 209,333 190.1% Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance $ 383,709 6. Dec FY18 Financial Reportxlsx -7 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 240 Housing Trust Fund Taxes $ 64,118 $ 200,000 32.1% $ (135,882) $ $ Interest on Investments - - N/A - - - Transferln 166,351 166,351 100.0% - Total Revenues and Other Sources 230,469 366,351 62.9% (135,882) 0.0% Personal Services - - N/A - - Materials and Services 366,351 0.0% 366,351 Total Expenditures and Other Uses 366.351 0.0% 366,351 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 230,469 - N/A 230,469 Fund Balance, Jul 1, 2017 - N/A - Fund Balance, Dec 31, 2017 $ 230,469 $ N/A $ 230,469 $ - $ - Reconciliation of Fund Balance: Restricted and Committed Funds 230,469 Unassigned Fund Balance $ 6. Dec FY18 Financial Reportxlsx 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 250 Community Development Block Fund Intergovernmental $ 41,279 $ 453,785 9.1% $ (412,506) $ 74,013 $ 291,526 25.4% Personal Services 14,103 62,880 22.4% 48,777 11,257 64,255 17.5% Materials and Services 41,307 390,905 10.6% 349,598 74,132 227,268 32.6% Total Expenditures and Other Uses 55.410 453.785 12.2% 398 375 85.389 291.523 29.3% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (14,131) - N/A (14,131) (11,376) 4 -319550.6% Fund Balance, Jul 1, 2017 33,801 1 3380056.0% 33,800 33,797 33,797 100.0% Fund Balance, Dec 31, 2017 $ 19,670 $ 1 1967003.0% $ 19,669 $ 22.421 $ 33,801 66.3% Reconciliation of Fund Balance: Restricted and Committed Funds 19,670 Unassigned Fund Balance $ 6. Dec FY18 Financial Reportxlsx 9 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 255 Reserve Fund Interest on Investments $ 5,474 $ 700 782.0% $ 4,774 $ 6,114 $ 22,433 27.3% Interfund Loan - 1,050,000 0.0% (1,050,000) 325,000 325,000 100.0% Transfers In - - NIA - - - Total Revenues and Other Sources 5,474 1,050,700 0.5% 4,774 331,114 347,433 95.3% Interfund Loan (Health Benefits Fund) 1,050,000 0.0% 1,050,000 - 515,544 0.0% Total Expenditures and Other Uses 1,050,000 0.0% 1,050,000 515,544 0.0% Excess(Deficiency) of Revenues and Other Sources over -197.0% Expenditures and Other Uses 5,474 700 782.0% 4,774 331,114 (168,111) Fund Balance, Jul 1, 2017 28,168 24,735 113.9% 3,433 196,279 196,279 100.0% Fund Balance, Dec 31, 2017 $ 33,642 $ 25.435 132.3% $ 8,207 $ 527,393 $ 28,168 1872.3% Reconciliation of Fund Balance: Restricted and Committed Funds 33,642 Unassigned Fund Balance $ 6. Dec FY18 Financial Reportxlsx 0 1/1812018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 260 Street Fund Taxes $ 186,249 $ 1,236,800 15.1% $ (1,050,551) $ 11,319 $ 372,710 3.0% Intergovernmental 635,019 5,311,945 12.0% (4,676,926) 611,479 2,536,631 24.1% Charges for Services - Rates 759,148 3,195,895 23.8% (2,436,747) 1,060,351 4,323,090 24.5% Charges for Services - Misc. Service Fees 9,138 - N/A 9,138 12,213 50,768 24.1% System Development Charges 58,934 150,000 39.3% (91,066) 56,319 348,760 16.1% Assessments 7,323 60,000 12.2% (52,677) 27,231 133,837 20.3% Interest on Investments 33,508 60,000 55.8% (26,492) 14,294 90,528 15.8% Miscellaneous 227,212 353,304 64.3% (126,092) 70,087 225,754 31.0% Other Financing Sources 11,687,162 0.0% (11,687,162) - - Total Revenues and Other Sources 1,916,531 22,055,106 8.7% (20,138,575) 1,863,292 8,082,079 23.1% Public Works- Ground Maintenance 139,219 501,900 27.7% 362,681 140,919 474,636 29.7% Public Works - Street Operations 1,575,917 19,188,971 8.2% 17,613,054 1,703,862 5,552,282 30.7% Public Works - Street Operations Debt - - N/A - - 122,753 0.0% Public Works- Storm Water Operations - - N/A - - 1,166,823 N/A Public Works - Storm Water Operations Debt - - N/A - - 25,300 N/A Public Works- TransportationSDC's 327 2,198,720 0.0% 2,198,393 - 355,078 0.0% Contingency - 43,685 0.0% 43,685 - Total Expenditures and Other Uses 1,715,463 21,933,276 7.8% 20,217,813 1,844,781 7,696,872 24.0% Excess(Deficiency) of Revenues and Other Sources over 4 8 Expenditures and Other Uses 201,068 121,830 79,238 18,511 385,207 Fund Balance, Jul 1, 2017 3,955,854 3,977,740 99.4% (21 886) 5,278,231 5,278,231 100.0% Fund Balance, Dec 31, 2017 $ 4,156,923 $ 4,099,570 101.4% $ 57,353 $ 5,296,742 $ 5,663,438 93.5% Reconciliation of Fund Balance: Moved to Stomlwater Fund $ (1,707,564) Restricted and Committed Funds 4,156,923 $ 3,955,854 Unassigned Fund Balance S 0 6. Dec FY18 Financial Report.xlsx 11 1118/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 280 Airport Fund Intergovernmental $ - $ 536,800 0.0% $ (536,800) $ - $ - NIA Charges for Services - Rates 73,936 270,000 27.4% (196,064) 60,119 271,528 221% Interest on Investments 1,351 1,000 135.1% 351 327 2,386 13.7% Total Revenues and Other Sources 75.287 807.800 9.3% (732,513) 60.446 273.915 22.1% Materials and Services 76,650 425,380 18.0% 348,730 28,372 87,020 32.6% Capital Outlay 13,101 312,000 4.2% 298,899 314 54,113 0.6% Debt Service 19,268 77,075 25.0% 57,807 19,268 77,072 25.0% Contingency - 10,000 0.0% 10,000 - - Total Expenditures and Other Uses 109,018 824,455 13.2% 715,437 47,954 218,205 22.0% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (33,731) (16,655) -102.5% (17,076) 12,492 55,710 22.4% Fund Balance, Jul 1, 2017 173,224 118,677 146.0% 54,547 117,514 117,514 100.0% Fund Balance, Dec 31, 2017 $ 139,493 S 102,022 136.7% S 37.471 S 130.006 S 173.224 751% Reconciliation of Fund Balance: Restricted and Committed Funds 139.493 Unassigned Fund Balance $ 6. Dec FY18 Financial Reportxlsx 2 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actua Is Budget Collected 2015-2017 Collected (6 Months) 20172019 Expended Balance Biennium to Date End of Biennium Expended 410 Capital Improvements Fund Taxes $ - $ - N/A $ - $ 176,477 $ 1,273,537 13.9% Intergovernmental N/A 870,000 2,732 31847.5% Charges for Services - Internal 503,085 2,074,940 24.2% (1,571,855) 473,085 1,930,074 24.5% Charges for Services - Misc. Service Fees 2,000 - N/A 2,000 2,000 8,000 25.0% System Development Charges 20,301 101,500 20.0% (81,199) 22,625 116,163 19.5% Interest on Investments 19,363 26,000 74.5% (6,637) 6,594 44,464 14.8% Miscellaneous 477,871 20,000 2389.4% 457,871 - 4,438 0.0% Other Financing Sources - 1,500,000 0.0% (1,500,000) - 870,000 0.0% Transfer In (Insurance Fund) N/A 100,000 100,000 100.0% Total Revenues and Other Sources 1,022,620 3,722,440 27.5% (2,699,820) 1,650,781 4,349,407 38.0% PublicWorks - Facilities 557,270 2,458,100 22.7% 1,900,830 389,049 1,921,671 20.2% Administrative Services - SDC (Parks) - 394,640 0.0% 394,640 - 358,529 0.0% Administrative Services - Open Space (Parks) 22,603 1,500,000 1.5% 1,477,397 1,324,160 2,288,041 57.9% Transfers Out 600,000 1,667,000 36.0% 1,067,000 38,981 215,419 18.1% Interfund Loan (Equipment Fund) - - N/A - - - NIA Contingency - 60,000 H% 60,000 - - N/A Total Expenditures and Other Uses 1.179.873 6,079.740 19.4% 4.839.867 1.752.190 4.783.660 36.6 % Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (157,252) (2,357,300) 93.3% 2,200,048 (101,409) (434,253) 23.4% Fund Balance, Jul 1, 2017 2,315,233 2,522,222 91.8% (206,989) 2,749,486 2,749,486 100.0% Fund Balance, Dec 31, 2017 $ 2,157,980 $ 164,922 1308.5% $ 1,993,058 $ 2,648,077 $ 2,315,233 114.4% Reconciliation of Fund Balance: Restricted and Committed Funds 2,157,980 Unassigned Fund Balance $ 0 6. Dec FY18 Financial Reportxlsx 13 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 411 Parks Capital Improvement Fund Taxes 5 238,210 1,484,690 16.0% (1,246,480) $ 454,160 $ - N/A Intergovernmental - 900,000 0.0% (900,000) - 801,770 0.0% Charges for Services - - N/A - - 13,137 0.0% Charges for Services - Internal - - N/A - - 1,477,771 0.0% Interest on Investments 4,994 20,000 25.0% (15,006) 575 16,460 3.5% Miscellaneous - - N/A - - 16,555 0.0% Other Financing Sources 3,250,000 0.0% (3,250,000) 866,500 - N/A Total Revenues and Other Sources 243,204 5,654,690 4.3% (5,411,486) 1,321,235 2,325,693 56.8% Personal Services - - NIA - - 162,235 0.0% Materials and Services 13,716 150,000 9.1% 136,284 5,149 64,069 8.0% Capital Outlay 93,465 4,945,000 1.9% 4,851,535 50,936 1,456,284 3.5% Transfer Out - 440,440 0.0% 440,440 - - Total Expenditures and Other Uses 107,181 5,535,440 1.9% 5,428,259 56,085 1,682,589 3.3% Excess(Deficiency) of Revenues and Other Sources over 196.7% Expenditures and Other Uses 136,023 119,250 114.1% 16,773 1,265,150 643,104 Fund Balance, Jul 1, 2017 852,406 341,235 249.8% 511,171 209,302 209,302 100.0% Fund Balance, Dec 31, 2017 $ 988,429 $ 460,485 214.6% $ 527,944 $ 1,474,452 $ 852,406 173.0% Reconciliation of Fund Balance: Restricted and Committed Funds 988,429 Unassigned Fund Balance $ 0 6. Dec FY18 Financial Reportxlsx 14 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 530 Debt Services Taxes $ 446,704 $ 973,540 45.9% $ (526,836) S 454,649 $ 1,015,919 44.8% Charges for Services - Internal 577,150 2,308,600 25.0% (1,731,450) 372,650 2,308,600 16.1% Charges for Services - Misc. Service Fees - - NIA 60,488 140,365 43.1% Interest on Investments 2,172 8,000 27.2% (5,828) 919 12,792 7.2% Transfer In (General Fund & CIP) - 480,440 0.0% (480,440) 331,561 311,429 106.5% Other Financing Sources NIA N/A Total Revenues and Other Sources 1,026,026 3,770,580 2T2% (2,744,554) 1,220,267 3,789,105 32.2% Materials and Services - - N/A - - 1,600 0.0% Debt Service 1,303,885 3,740,387 34.9% 2,436,502 1,239,988 3,672,977 33.8% Interfund Loan (Central Service Fund) - - N/A - - Total Expenditures and Other Uses 1,303,885 3,740,387 34.9% 2,436,502 1,239,988 3,674,577 33.7% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (277,859) 30,193 -920.3% (308,052) (19,721) 114,529 17.2 Fund Balance, Jul 1, 2017 976,089 1,193.610 818% (217,521) 861,560 861,560 100.0 Fund Balance, Dec 31, 2017 $ 696.230 S 1223.803 57.1 % S (525.573) S 841.839 $ 976.089 86,2% Reconciliation of Fund Balance: Restricted and Committed Funds 698,230 Unassigned Fund Balance $ - I 6. Dec FY18 Financial Reportxlsx 15 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 670 Water Fund Taxes $ $ N/A $ $ 2 $ 10 20.7% Intergovernmental NIA 14,897 14,897 100.0% Charges for Services - Rates 4,724,000 15,874,482 29.8% (11,150,482) 4,016,569 14,055,539 28.6% Charges for Services - Misc. Service Fees 35,717 - NIA 35,717 62,552 211,347 29.6% System Development Charges 108,284 200,000 54.1% (91,716) 137,022 587,637 23.3% Interest on Investments 56,515 64,000 88.3% (7,485) 13,395 101,814 13.2% Miscellaneous 510 50,000 1.0% (49,490) 7,403 74,484 9.9% Other Financing Sources 425,491 29,749,150 1.4% (29,323,659) - 890,072 0.0% Total Revenues and Other Sources 5,350,517 45,937,632 11.6% (40,587,115) 4,251,840 15,935,799 26.7% PublicWorks - Conservation 137,707 738,888 18.6% 601,181 117,625 534,788 22.0% PublicWorks - Water Supply 341,012 2,751,150 12.4% 2,410,138 629,967 2,390,999 26.3% Public Works - Water Supply Debt 9,035 636,758 1.4% 627,723 8,950 18,970 47.2% PublicWorks - Water Distribution 1,587,812 10,807,452 14.7% 9,219,640 1,465,489 5,815,636 25.2% PublicWorks - WaterDistrbutionDebt 227,901 592,101 38.5% 364,200 225,466 502,128 44.9% Public Works- Water Treatment 980,097 24,383,636 4.0% 23,403,539 578,506 2,602,448 22.2% PublicWorks - Water Treatment Debt 103,645 282,177 36.7% 178,532 102,975 281,690 36.6% Public Works - Improvement SDC's 54,777 4,181,350 1.3% 4,126,573 104,819 453,197 23.1% PublicWorks - DebtSDC's 130,667 430,369 30.4% 299,702 32,220 215,123 15.0% Debt Service - - NIA - - 33,849 0.0% Transfers (General Fund) 125,000 500,000 25.0% 375,000 125,000 500,000 25.0% Contingency 685,000 0.0% 685,000 - - NIA Total Expenditures and Other Uses 3,697,653 45,988,881 8.0% 42,291,228 3,391,016 13,348,827 25.4% Excess(Deficiency) of Revenues and Other Sources over 33.3 Expenditures and Other Uses 1,652,864 (51,249) 3325.2% 1,704,113 860,823 2,586,972 Fund Balance, Jul 1, 2017 7,795,565 8,697,716 89.6% (902,151) 5,208,593 5,208,593 100.0% Fund Balance, Dec 31, 2017 _$448 ,428 $ 8,646,467 109.3% $ 801,961 $ 6 .069,416 $ 7,795,565 77.9% Reconciliation of Fund Balance: Restricted and Committed Funds 4,341,844 Unassigned Fund Balance $ 5,106,584 6. Dec FY18 Financial Reportxlsx 1 6 1118/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 675 Wastewater Fund Taxes $ 597,742 $ 3,209,200 18.6% $ (2,611,458) $ 705,909 $ 4,265,334 16.5% Charges for Services - Rates 2,991,243 11,852,000 25.2% (8,860,757) 2,599,273 10,568,020 24.6% Charges for Services- Misc. Service Fees 13,250 - NIA 13,250 13,250 26,500 50.0% System Development Charges 66,438 200,000 33.2% (133,562) 51,128 213,214 24.0% Interest on Investments 57,890 50,000 115.8% 7,890 13,580 107,419 12.6% Miscellaneous - 2,000 0.0% (2,000) 1,042 1,620 64.3% Other Financing Sources 9,900,000 0.0% (9,900,000) - 71,366 0.0% Total Revenues and Other Sources 3,726,563 25,213,200 14.8% (21,486,637) 3,384,182 15,253,471 22.2% Public Works- Wastewater Collection 1,091,057 6,088,930 17.9% 4,997,873 976,551 4,079,963 23.9% Public Works- Wastewater Collection Debt 54,014 144,656 37.3% 90,642 54,714 147,454 37.1% Public Works- Wastewater Treatment 1,372,952 10,279,543 13.4% 8,906,591 1,183,537 5,028,690 23.5% Public Works- Wastewater Treatment Debt 141,752 3,732,624 3.8% 3,590,872 186,148 3,237,073 5.8% Public Works - Reimbursements SDC's - - NIA - 1,657 13,039 12.7% Public Works- ImprovementsSDC's - 4,060,025 0.0% 4,060,025 1,888 377 500.7% Contingency - 325,000 0.0% 325,000 - - NIA Total Expenditures and Other Uses 2,659,776 24,630,778 10.8% 21,971,002 2,404,495 12,506,596 19.2% Excess(Deficiency) of Revenues and Other Sources over 35.7 Expenditures and Other Uses 1,066,787 582,422 183.2% 484,365 979,687 2,746,875 Fund Balance, Jul 1, 2017 7,842,218 6,751,916 116.1% 1,090,302 5,095,343 5,095,343 100.0% Fund Balance, Dec 31, 2017 $ 8,909,005 $ 7,334,338 121.5% $ 1,574,667 $ 6075.030 $ 7,842,218 77.5% Reconciliation of Fund Balance: Restricted and Committed Funds 3,227,425 Unassigned Fund Balance $ 5,681,580 6. Dec FY18 Financial Reportxlsx 7 1/1812018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 20172019 Expended Balance Biennium to Date End of Biennium Expended 680 Stormwater Fund Charges for Services - Rates $ 347,725 $ 1,390,000 25.0% $ (1,042,275) $ $ Charges for Services - Misc. Service Fees 600 - NIA 600 System Development Charges 13,375 80,000 16.7% (66,625) Interest on Investments 8,467 19,000 44.6% (10,533) - - Miscellaneous - - NIA - - - Other Financing Sources NIA - - - Total Revenues and Other Sources 370,167 1,489,000 24.9% (1,118,833) Public Works- Storm Water Operations 303,183 1,459,713 20.8% 1,156,530 326,504 Public Works - Storm Water Operations Debt 11,225 24,500 45.8% 13,275 11,425 - PublicWorks - Storm WaterSDC's 5,471 250,000 2.2% 244,529 - - Contingency - 30,000 0.0% 30,000 - Total Expenditures and Other Uses 319,879 1,764,213 18.1% 1,444,334 337,929 - Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 50,288 (275,213) 118.3% 325,501 (337,929) - Fund Balance, Jul 1, 2017 1,707,584 1,697,095 100.6% 10,489 - Fund Balance, Dec 31, 2017 $ 1,757,872 $ 1,421,882 123.6% $ 335,990 $ (337,929) $ - Reconciliation of Fund Balance: Moved from Street Fund $ 1,707,584 Restricted and Committed Funds 34,835 Unassigned Fund Balance $ 1.723.037 6. Dec FY18 Financial Reportxlsx 1118/2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 20172019 Expended Balance Biennium to Date End of Biennium Expended 690 Electric Fund Intergovernmental $ 68,536 $ 420,000 16.3% $ (351,464) $ 283,593 $ 521,646 54.4% Charges for Services - Rates 7,799,839 32,014,707 24.4% (24,214,868) 7,209,799 29,017,217 24.8% Charges for Services - Misc. Service Fees 207,730 487,533 42.6% (279,803) 63,698 497,417 12.8% Interest on Investments 10,407 22,100 47.1% (11,693) 3,430 21,526 15.9% Miscellaneous 48,583 195,060 24.9% (146,477) 48,499 230,897 21.0% Total Revenues and Other Sources 8135,095 33,139,400 24.5% (25,004,305) 7,609,019 30,288,703 25.1% Administration - Conservation 458,508 1,486,890 30.8% 1,028,382 427,597 1,397,555 30.6% Electric - Supply 3,605,583 14,981,925 24.1% 11,376,342 3,277,474 13,869,063 23.6% Electic - Distribution 3,338,998 13,390,730 24.9% 10,051,732 3,118,141 12,961,713 24.1% Electric - Transmission 472,348 2,531,435 18.7% 2,059,087 487,875 1,742,187 28.0% Debt Service 22,393 1,128,202 2.0% 1,105,809 22,664 46,686 48.5% Contingency - 225,000 0.0% 225,000 - - N/A Total Expenditures and Other Uses 7,897,830 33,744,182 23.4% 25,846,352 7,333,751 30,017,203 24.4% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 237,265 (604,782) 139.2% 842,047 275,268 271,500 101.4% Fund Balance, Jul 1, 2017 2,026,663 1,533,657 132.1 % 493,006 1,755,163 1,755,163 100,0% Fund Balance, Dec 31, 2017 $ 2,263,928 $ 928,875 243,7% $ 1,335.053 $ 2,030.431 $ 2,026,663 100,2% Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance S 2,263 928 6. Dec FY18 Financial Reportxlsx 9 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 695 Telecommunications Fund Charges for Services - Rates $ 1,077,531 $ 4,335,155 24.9% $ (3,257,624) $ 999,577 $ 4,105,254 24.3% Charges for Services - Misc. Service Fees 7,011 - N/A 7,011 - - N/A Interest on Investments 3,112 4,000 77.8% (888) 480 4,310 11.1% Miscellaneous 489 - N/A 489 467 696 67.1% Interfund Loan N/A 315,544 0.0% Total Revenues and Other Sources 1,088,143 4,339,155 25.1% (3,251,012) 1,000,524 4,425,604 22.6% Personal Services 320,887 1,448,575 22.2% 1,127,688 328,074 1,269,970 25.8% Materials BServices 470,257 1,899,520 24.8% 1,429,263 459,783 1,795,285 25.6% Capital Outlay 363 150,000 0.2% 149,637 164,215 248,189 66.2% Debt - Transfer to Debt Service Fund 204,500 818,000 25.0% 613,500 - 818,000 0.0% Confingency - 105,000 0.0% 105,000 - - N/A Total Expenditures and Other Uses 996,007 4,421,095 22.5% 3,425,088 952,072 4,131,444 23.0% Excess(Deficiency) of Revenues and Other Sources over 16.5 Expenditures and Other Uses 92,136 (81,940) -112.4% 174,076 48,452 294,359 Fund Balance, Jul 1, 2017 599,417 309,449 193.7% 289,968 305,058 305,058 100.0% Fund Balance, Dec 31, 2017 $ 691,553 $ 227,509 304.0% $ 464,044 $ 353,510 $ 599,417 59.0% Reconciliation of Fund Balance: Restricted and Committed Funds 613,500 Unassigned Fund Balance $ 78,053 6. Dec FY18 Financial Reportxlsx 20 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 710 Central Service Fund Taxes $ 19,057 $ 160,775 11.9% $ (141,718) $ 31,812 $ 190,292 16.7% Charges for Services - Internal 3,392,561 13,659,500 24.8% (10,266,939) 3,175,592 12,949,788 24.5% Charges for Services - Misc. Service Fees 105,795 576,000 18.4% (470,205) 104,721 671,504 15.6% Interest on Investments 4,728 17,600 26.9% (12,872) 3,954 16,939 23.3% Miscellaneous 13,153 - N/A 13,153 64,745 338,676 19.1% Transfer in (CIP Fund) 600,000 1,667,000 36.0% 1,067,000 417,000 417,000 100.0% Total Revenues and Other Sources 4,135,294 16,080,875 25.7% (9,811,581) 3,797,824 14,584,199 26.0% Administration Department 885,982 3,775,160 23.5% 2,889,178 818,446 3,443,253 23.8% Information Technology- Info Services Division 661,596 2,811,275 23.5% 2,149,679 598,034 2,743,451 21.8% Administrative Services Department 1,336,326 5,212,449 25.6% 3,876,123 1,049,727 4,690,220 22.4% City Recorder Division 90,080 384,450 23.4% 294,370 250,335 984,526 25.4% Public Works- Administration and Engineering 848,086 3,644,262 23.3% 2,796,176 825,936 3,341,783 24.7% Contingency - 235,000 0.0% 235,000 - - N/A Total Expenditures and Other Uses 3,822,070 16,062,596 23.8% 12,240,526 3,542,478 15,203,233 23.3% Excess(Deficiency) of Revenues and Other Sources over -41.2% Expenditures and Other Uses 313,224 18,279 1713.6% 294,945 255,346 (619,034) Fund Balance, Jul 1, 2017 281,574 242,081 116.3% 39,493 900,608 900,608 100.0% Fund Balance, Dec 31, 2017 $ 594,798 $ 260.360 228.5% $ 334,438 $ 1,155,954 $ 281,574 410.5% Reconciliation of Fund Balance: Restricted and Committed Funds 175,000 Unassigned Fund Balance $ 419,798 6. Dec FY18 Financial Reportxlsx 2 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 720 Insurance Service Fund Charges for Services - Internal $ 343,787 $ 1,560,000 22.0% $ (1,216,213) $ 371,148 $ 1,486,002 25.0% Interest on Investments 6,525 14,000 46.6% (7,475) 3,362 19,376 17.4% Miscellaneous 812 80,000 1.0% (79,188) 10,748 78,233 13.7% Total Revenues and Other Sources 351,124 1,654,000 21.2% (1,302,876) 385,258 1,583,610 24.3% Personal Services 56,682 233,160 24.3% 176,478 48,898 202,900 24.1% Materials and Services 687,125 1,854,790 37.0% 1,167,665 605,640 1,523,670 39.7% CapitalOuday - 480,000 0.0% 480,000 - - N/A Transfer Out (Multiple 4 funds) - - N/A - 569,500 569,500 100.0% Contingency - 38,500 0.0% 38,500 - - N/A Total Expenditures and Other Uses 743,807 2,606,450 28.5% 1,862,643 1,224,038 2,296,070 53.3% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (392,683) (952,450) 58.8% 559,767 (836,780) (712,460) 117.7% Fund Balance, Jul 1, 2017 1,053,823 1,117,444 94.3% (63,621) 1,766,283 1,766,283 100.0% Fund Balance, Dec 31, 2017 $ 661,140 $ 164,994 400.7% $ 496,146 $ 927 503 $ 1,053,823 88.0% Reconciliation of Fund Balance: Restricted and Committed Funds 661,140 Unassigned Fund Balance $ 0 6. Dec FY18 Financial Reportxlsx 22 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 725 Health Benefits Fund Charges for Services - Internal $ 2,804,419 $ 11,852,537 23.7% $ (9,048,118) $ 2,379,746 $ 9,970,841 23.9% Interest on Investments 3,945 13,000 30.3% (9,055) 2,252 9,374 24.0% Miscellaneous (Stop Loss Reimbursements) 311,286 - N/A 311,286 - 88,738 0.0% Interfund Loan (Reserve Fund) 1,050,000 0.0% (1,050,000) - 200,000 0.0% Total Revenues and Other Sources 3,119,650 12,915,537 24.2% (9,795,887) 2,381,998 10,268,953 23.2% Materials and Services 3,456,052 11,557,301 29.9% 8,101,249 2,413,018 10,021,261 24.1% Interfund Loan - 1,050,000 0.0% 1,050,000 325,000 325,000 100.0% Contingency - 500,000 0.0% 500,000 - N/A Total Expenditures and Other Uses 3,456,052 13,107,301 26.4% 9,651,249 2,738,018 10,346,261 26.5% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (336,402) (191,764) 175.4% (144,638) (356,020) (77,308) 460.5 Fund Balance, Jul 1, 2017 396,418 521,456 76.0% (125,038) 473,726 473,726 100.0% Fund Balance, Dec 31, 2017 " $ 60,016 $ 329,692 18.2% $ (269,676) $ 117,706 $ 396,418 297% Reconciliation of Fund Balance: Restricted and Committed Funds 60,016 Unassigned Fund Balance $ 0 "This balance includes $472,616 for accrued claims 6. Dec FY18 Financial Reportxlsx 23 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actua Is Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 730 Equipment Fund Charges for Services - Internal $ 890,166 $ 4,288,460 20.8% $ (3,398,294) $ 977,165 $ 3,908,660 25.0% Charges for Services - Misc. Service Fees 108,278 - NIA 108,278 92,806 345,857 26.8% Interest on Investments 26,112 35,000 74.6% (8,888) 8,196 54,051 15.2% Miscellaneous 56,258 150,000 37.5% (93,742) 2,288 75,875 3.0% Total Revenues and Other Sources 1,080,814 4,473,460 24.2% (3,392,646) 1,080,455 4,384,443 24.6% PublicWorks - Maintenance 668,905 3,176,472 21.1% 2,507,567 707,422 2,762,798 25.6% Public Works- Purchasing and Acquisition 106,334 2,849,000 3.7% 2,742,666 254,875 1,153,785 22.1% Contingency - 100,000 0.0% 100,000 - - WA Total Expenditures and Other Uses 775,239 6,125,472 12.7% 5,350,233 962,297 3,916,583 24.6% Excess(Deficiency) of Revenues and Other Sources over 25.3 Expenditures and Other Uses 305,575 (1,652,012) 118.5% 1,957,587 118,158 467,861 Fund Balance, Jul 1, 2017 3,404,967 3,343,135 101.8% 61,832 2,937,106 2,937,106 100.0% Fund Balance, Dec 31, 2017 $ 3,710,541 $ 1,691,123 219.4% $ 2 019 418 $ 3,055,264 $ 3,404,967 89.7% Reconciliation of Fund Balance: Restricted and Committed Funds 3,710,541 Unassigned Fund Balance $ - 6. Dec FY18 Financial Reportxlsx ,Z4 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 731 Parks Equipment Fund Charges for Services - Internal $ 113,750 $ 425,000 26.8% $ (311,250) $ 113,750 $ 455,000 25.0% Interest on Investments 1,642 1,450 113.2% 192 87 2,064 4.2% Miscellaneous 25,129 - N/A 25,129 - - N/A Transfer In (Park Fund) - - N/A - - 80,000 0.0% Total Revenues and Other Sources 140,521 426,450 33.0% (285,929) 113,837 537,064 21.2% Capital Outlay 133,940 450,000 29.8% 316,060 95,864 360,210 26.6% Total Expenditures and Other Uses 133,940 450,000 29.8% 316,060 95,864 360,210 26.6% Excess(Deficiency) of Revenues and Other Sources over 10.2% Expenditures and Other Uses 6,581 (23,550) -27.9% 30,131 17,974 176,854 Fund Balance, Jul 1, 2017 176,854 176,139 100.4% 715 - - Fund Balance, Dec 31, 2017 $ 183,435 $ 152,589 120.2% $ 30,846 $ 17,974 $ 176,854 10.2% Reconciliation of Fund Balance: Restricted and Committed Funds 183,435 Unassigned Fund Balance $ - I 6. Dec FY18 Financial Reportxlsx 2J ~ 1/18/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance December 31, 2017 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (6 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 810 Cemetery Fund Charges for Services - Rates $ 4,673 $ 50,000 9.3% $ (45,327) $ 9,268 $ 31,690 2922 Interest on Investments 7,028 13,000 54.1% (5,972) 2,514 15,938 15.8% Transfer In (General Fund) 500 1,000 50.0% (500) 500 1,000 50.0% Total Revenues and Other Sources 12,201 64,000 19.1% (51,799) 12,282 48,628 25.3% Transfers 7,028 13,000 54.1% 5,972 2,514 15,938 15.8% Total Expenditures and Other Uses 7,028 13,000 54.1% 5,972 2,514 15,938 15.8% Excess(Deficiency) of Revenues and Other Sources over 29.9% Expenditures and Other Uses 5,173 51,000 10.1% (45,827) 9,768 32,691 Fund Balance, Jul 1, 2017 955,357 958,770 99.6% (3,413) 922,666 922,666 100.0% Fund Balance, Dec 31, 2017 $ 960,530 $ 1,009,770 95.1% $ (49,240) $ 932,434 $ 955,357 97.6% Reconciliation of Fund Balance: Restricted and Committed Funds 960,530 Unassigned Fund Balance $ - 6. Dec FY18 Financial Reportxlsx 26 1/18/2018 Council Business Meeting April 3, 2018 Title: Sole Source Procurement -Badger Water Meters through a contract with General Pacific From: Steve Walker Water Distribution Supervisor steve.walker(a-ashland. or.us Paula Brown Public Works Director pauIa.brown(@ashland.or.us Summary: Council approval is being requested for a Sole Source Procurement to authorize the City's Water Department to directly award brand specific Badger Water Meters to General Pacific, the sole authorized distributor of Badger Meter, Inc. utility products for Oregon per the attached sole source certification letter provided by Badger Meter, Inc. The term for this sole source procurement will be five years beginning on May 1, 2018, and expiring on April 30, 2023. Actions, Options, or Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve the Sole Source Procurement. Should Council not make this sole source award, staff will obtain quotations for general water meters and may end up with a variety of different water meters with potentially different accuracy readings throughout the City. Staff Recommendation: Staff recommends approval of this Sole Source Procurement. Resource Requirements: Funds are budgeted each fiscal year for the purchase of water meters and the cost per fiscal year currently ranges from $30,000 to $75,000. The majority of the meters are installed to replace older existing meters and up to 30% of the meters are installed in new developments and the cost of the meters is reimbursed to the City. Policies, Plans and Goals Supported: City Council: 21. be proactive in using best practices in infrastructure management and modernization Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources Page 1 of 2 CITY OF -ASHLAND BacklZround and Additional Information: Badger water meters have been in use in the United States and thoroughly tested since 1905. Badger reports industry testing verifies accuracy of Badger water meters exceeding the minimum standards. Badger water meters became the standard water meter in 2007 for the Water Department based on competitive cost results at that time and staff has been very impressed with Badger meters in some of the City's high pressure zones. In addition, Badger meters support Itron radios used for the City's radio read meters. Water meters are purchased, installed and/or replaced on an as needed basis. Attachments: 1. City of Ashland Form #6 Sole-Source Determination and Written Findings 2. Badger Meter, Inc. - Sole Source Certification Letter for General Pacific, Inc. (dated November 20, 2017) 3. Badger Meter Letter: Additional Information (dated March 14, 2018) Page 2 of 2 CITY OF ASHLAND #6 C I T Y OF FORM ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Greater than $100,000 To: City Council, Local Contract Review Board From: Steve Walker, Water Quality and Distribution Supervisor Date: April 3, 2018 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $30,000 to $75,000 per fiscal year Description of goods and materials: Badger Water Meters Background: This sole source justification applies to the purchase of Badger water meters for a term of five (5) years beginning May 1, 2018 and expiring on April 30, 2023. Badger water meters became the standard water meter in 2007 for the Water Department based on the cost results obtained at that time. The Badger water meters were the least expensive water meters that satisfied the City's water distribution system requirements. The Water Department procures and replaces water meters on an as needed basis. The annual cost for water meters ranges from $30,000 to $75,000 per fiscal year with the average being $36,143 per fiscal year for the previous five years. In accordance with ORS 27913.075, the City may justify the use of a Sole Source Procurement because the efficient utilization of existing equipment requires the acquisition of compatible equipment. ORS 279B. 075 Sole Source Procurement (2) The determination of a Sole Source must be based on written findings that may include: (a) That the efficient utilization of existing goods requires the acquisition of compatible goods or services. Form #6 - Sole Source - Goods and Services - Greater than $100,000, Page 1 of 3, 3/26/2018 Findings: [The findings below must include actual information supporting the determination. / Market Research Overall finding: As per the attached letter from Badger Meter dated 11/20/2017, ...General Pacific, Inc. of Portland, OR, is the sole authorized distributor of Badger Meter, Inc. utility products for the states of Oregon, Washington and Northern Idaho." Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Badger water meters became the standard water meter in 2007 for the Water Department based on the cost results obtained at that time. The Badger water meters were the least expensive water meters that satisfied the City's water distribution system requirements. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. Per the attached Sole Source Certification letter dated November 20, 2017, received from Badger Meter, Inc., "General Pacific, Inc. of Portland, OR is the sole authorized distributor of Badger Meter, Inc. utility products for the states of Oregon... " Form #6 - Sole Source - Goods and Services - Greater than $100,000, Page 2 of 3, 3/26/2018 PUBLIC NOTICE: Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the Contract Review Authority's determination that the Goods and Services or class of Goods and Services are available from only one source in a manner similar to the public notice of Competitive Sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services to be acquired by a Sole Source Procurement. The Contracting Agency shall give such public notice at least seven days before Award of the Contract. After the Sole Source Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - April 4, 2018 woinQ ColIT9cil approval l )ril 3 PUBLIC NOTICE Approval of a Sole Source Procurement First date of publication: April 4, 2018 i ,apnrorCd bi- Council) A request for approval of a Sole Source procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on April 3, 2018 % ifup roved hr Council It has been determined based on written findings that the following Goods and Services are available from only one source. General Pacific, Inc. of Portland, OR is the sole authorized distributor of Badger Water Meters for the State of Oregon. The City's Water Department will be procuring Badger meters as needed directly from General Pacific, Inc. as approved in this Sole Source Procurement for a term of five (5) years beginning May 1, 2018 to April 30, 2023. The contract terms, conditions and specifications may be reviewed upon request by contacting the purchasing representative. Kari Olson. via email at kari.olson(&ashIand.or.us An affected person may protest the determination that the personal services are available from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) day protest period will expire at 5:00pm on April 12, 2018 /il poop iu& l pr-il -l. 20181 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source procurement. Form #6 - Sole Source - Goods and Services - Greater than $100,000, Page 3 of 3, 312612018 4545 W Brown Deer Road Badger Meter PO Box 245036 • Milwaukee, Wisconsin 53224-9536 414-355-04001800-876-3837 k I 11/20/2017 VIA EMAIL City of Ashland Attn: Kariann Olsen, Purchasing Director 90 N Mountain St Ashland, OR 97520 Re: Sole Source Certification Dear Kariann Olsen: This letter will confirm that General Pacific, Inc. of Portland, OR is the sole authorized distributor of Badger Meter, Inc. utility products for the states of Oregon, Washington and Northern Idaho. You may contact Lori Bryson or Jason Vancleave for local support of your Badger Meter needs. General Pacific 5600 NE 122nd Ave Portland, OR 97230 1-800-547-9744 Sincerely, BADGER METER, INC. F nk Fenton Director of Sales, Assistant Secretary CDD cc: Erik Twenge, Account Manager, Badger Meter Inc. DBA National Meter & Automation Badger Meter General PaCift, inc. Authorized Distributor WATER METERING TECHNOLOGY FOR THE FUTURE March 14, 2018 Steve Walker City of Ashland RE: Sole Source Meter Purchases Steve, In support of the City's desire to formalize their specifications for water meters to Badger Meter and the Itron radio read solution, I am providing considerations that support that choice and make it advantageous for the City. Badger Meter is a good choice to continue with due to; 1. Badger's meters have been in the field and time tested for a number of years (US company since 1905). 2. Quality meter specifications; 1. Disc Nutations; Badger's measuring chamber on the Model 25 5/8" x 3/" has the fewest nutations per gallon than any of the competitors (49.59) and exceeds the AWWA C700 published minimum standard of 58 nutations per gallon. 2. Warranty; Nationally published warranty terms. (Not all manufacturers follow this example) Quality warranty terms. Warranties are published at www.badgermeter.com. 3. Flow Range; Badger's Model 25 5/8"x 3%" Flow range (.5 - 25 GPM) exceeds the AWWA C700 minimum published standard (1 - 20 GPM) as well as exceeding the flow range of all other major meter manufacturers. 4. Accuracy; Badger's Model 25 5/8"x 3/" out of the box verified accuracy exceeds the AWWA C700 minimum published standard (1/4GPM @ 95%) at 1/4GPM @ 98.5%, (best amongst all manufacturers) or 0.125 GPM at 95%. 5. Pressure loss; Badger's Model 25 5/8"x out of the box pressure loss exceeds the AWWA C700 minimum published standard of 15 PSI at 20 GPM at 3.5 PSI at 20 GPM. (best amongst all manufacturers) 6. Encoder capabilities; Badger Meter offers a mechanical encoded register that works with the Itron technology, mobile or fixed. Customers can choose an electronic General Pacific, Inc. 22414 Townsend Way NE PO Box 70 Fairview, OR 97024 Phone: 503-907-2900 Fax: 503-489-2103 "Doll Free: 800-547-9744 www.genpacwater.com Badger Meter General Pacific, Inc. i ~ J Authorized WATER METERING TECHNOLOGY FOR THE FUTURE register for the Itron suite of technologies. With some manufacturers electronic registration is the only option. Additional benefits to standardizing on Badger Meter; 1. Badger Meter is a US company. This is not consistent with all major manufacturers. 2. Financial data is published on website at www.badgermeter.com This is not consistent with all major manufacturers. 3. Variety on meter; Badger offers a full suite of meters for all uses. Disc, turbo, compound, ultrasonic and electromagnetic meters in sizes from - 58" can be used with the Itron technology suite of options. 4. Inline connectors; All registers are offered with an inline connector for quick and easy future upgrades or technology change outs. Options that can be used as justification with the Oregon Procurement for sole source; 1. Compatibility with existing inventory investment in Badger Meter's. Meters that have revenue life left can be upgraded to Itron technology with less investment. a. Reduced change out investment - replace register and add radio only when upgrading a local read meter to radio read. b. Reduction for potential issues by not replacing meter and not opening water line. 2. Quality product that has been proven during the use at the City. a. Badger Meter's will improve the City's operational efficiency and resource management while enhancing their customer service and conservation efforts due to their low flow accuracy and long term life. 3. Professional expertise; Established relationships with Badger Meter and General Pacific a. Existing relationships with the vendors. i. General Pacific is Badger's only authorized distributor in Oregon. ii. It is extremely beneficial to the City to partner with an experienced vendor that has long term knowledge of the technology being deployed. iii. General Pacific supports the electric group as well as the water utility. b. Badger Meter values the City of Garibaldi as an existing customer and provides customer loyalty discounts for upgrades to technology and software. 4. Badger Meter's relationship with Itron. Badger has history in working in partnership with Itron, when radio read is a factor. Other manufacturers may add the inline connector but they do not offer support in troubleshooting any reading questions. Badger's tech support group is trained to support the Itron radios. 5. Nationally published references. Badger Meter's website, www.badgermeter.com publishes information on customers that have followed the same deployment path. General Pacific, Inc. 22414 Townsend Way NE PO Box 70 Fairview, OR 97024 Phone: 503-907-2900 Fax: 503-489-2103 Toll Free: 800-547-9744 www.genpacwater.com Badger Meter General PaCift, inc- Authorized Distributor WATER METERING TECHNOLOGY FOR THE FUTURE Please feel free to contact me to discuss these considerations in detail or if you need additional information. Kind regards, L-o,r i r3rysoi~ Lori Bryson General Pacific Inc. Ibryson@generalpacific.com 503-477-0912 General Pacific, Inc. 22414 Townsend Way NE PO Box 70 Fairview, OR 97024 Phone: 503-907-2900 Fax: 503-489-2103 Toll Free: 800-547-9744 www.genpacwater.com Council Business Meeting April • Title: Resolution authorizing signatures From: Mark Welch Administrative Services Director Mark.Welch@ashland. or. us Summary: In order to conduct the business of the City it is necessary to update authorized bank signatures on the accounts for the City of Ashland. Actions, Options, or Potential Motions: I move to adopt the resolution titled, "A resolution authorizing signatures, including facsimile signatures, for banking services on behalf of the City of Ashland." Staff Recommendation: That Council adopt the attached resolution. Resource Requirements: N/A Policies, Plans and Goals Supported: Administrative/Governance goal: "To ensure on-going fiscal ability to provide desired and required services at an acceptable level" Background and Additional Information: With recent changes in staff, an update to authorized singers of the City's bank accounts needs to be approved. There have been changes from the currently authorized by Resolution No. 2017-05. The City Recorder will become the second signature, along with the Mayor for City issued checks. The Mayor and Parks Commission Chair will remain the singers for Parks issued checks. Attachments: Resolution, authorizing bank signatories Page 1 of 1 CITY OF ASHLAND RESOLUTION NO. 2018-07 A RESOLUTION AUTHORIZING SIGNATURES, INCLUDING FACSIMILE SIGNATURES, FOR BANKING SERVICES ON BEHALF OF THE CITY OF ASHLAND THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1. The following persons are authorized to sign on behalf of the City on orders for payment or withdrawal of money: John Stromberg - Mayor Mike Gardiner - Parks Commission Chair Adam Hanks - Interim City Administrator Mark Welch - Administrative/Finance Director Mellissa Huhtala- City Recorder All prior authorizations are superseded. Section 2. Any designated depository (`Bank") of the City of Ashland is authorized and directed to honor and pay any checks, drafts, or other orders for payment of money withdrawing funds from any account of the City when bearing or purporting to bear the facsimile signatures of the person listed in Section One of this resolution, whether such facsimile signatures are made by stamp, machine, or other mechanical device. The Bank is authorized and directed to honor and to charge the City for such checks, drafts or other orders for the payment of money regardless of how or by whom such actual or purported facsimile signatures were made, provided they resemble the facsimile signatures duly certified to and filed with the Bank by the City. Section 3. This resolution was duly PASSED and ADOPTED this day of , 2018, and takes effect upon signing by the Mayor. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of 2018. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 1 of 1 Council Business Meeting April 3, 2018 Title: Award of Contract for the Lithia Springs Wetland Remediation & Mitigation Project at the Ashland Gun Club, No. 200907-999 From: Kaylea Kathol Public Works Project Manager kaylea.kathol(a.ashland. or.us Paula Brown Public Works Director pauIa.brown(cD_ashland. or.us Summary: Before the Council is a contract for environmental restoration activities at the Lithia Springs property, currently leased and operated by the Ashland Gun Club. The contract includes provisions for environmental remediation and construction of onsite mitigation wetlands. If the contract is approved, staff will work with the contractor to develop a schedule to perform onsite activities and coordinate with the lease holder. Construction is expected to begin in spring 2018. Actions, Options, or Potential Motions: Move to approve award of bid and contract to Henderson, LLC, in the amount of $211,020 for the Lithia Springs Wetland Remediation & Mitigation Project. Staff Recommendation: Staff recommends the Council accept the bid and award a contract to Henderson, LLC in the amount of $211,020 for the Lithia Springs Wetland Remediation & Mitigation Project. Resource Requirements: The Lithia Springs Wetland Remediation & Mitigation Project is funded directly by the City as a capital improvement project (CIP). The established budget for this project in the 2017-2019 Biennium is $300,000. Since 2009, the City has expended $538,550 toward the advancement of environmental remediation at the Lithia Springs property, specifically for the following actions: $105,157 ecological evaluations during the preliminary study phase; $53,621 wetland delineation and other site characterization studies during the secondary phase of more focused evaluations; $212,722 during the remedial action planning stage (including a property exchange with an adjacent property owner); and $167,049 permitting, engineering and lead reclamation during the current remedial action implementation phase. Policies, Plans and Goals Supported: This project supports Council's 2017 Goal No. 9 - Enhance and expand natural and recreational resources. Specifically, this project is one of the last remaining actions the City must take to obtain a "No Further Action" determination from Oregon Department of Environmental Quality Page 1 of 3 CITY OF ASHLAND (acknowledgment of an effective environmental clean-up) and to file a successful motion to dismiss the related law suite of DeForest, Pyle, and Kerwin v. City of Ashland, Ashland Gun Club, et. al. Background and Additional Information: The Lithia Springs Property has been owned by the City of Ashland since 1930. In the 88 years since, the City has leased the property or allowed use of the property for several different activities including a dry ice manufacturing plant, a motorcycle race track and from 1968 to present, as a shooting range. In 2008, Public Works assumed operations of the Gun Club from the Parks & Recreation Commission. At that time, Council expressed a desire to investigate the environmental impact of the Gun Club and to explore opportunities for potentially reducing any negative impacts. Public Works initiated a suite of environmental studies with the focus of identifying, quantifying, and minimizing the ecological impact of shooting range activities. While the studies produced no evidence of groundwater or waterway pollution, they resulted in the development and implementation of an Environmental Stewardship Plan (Plan). The Plan established Best Management Practices aimed to prevent the accumulation of lead in wetlands via routine management practices and one-time actions, including draining and filling of a 0.65-acre jurisdictional wetland within the shotfall zone of the shotgun range. In 2012, during the investigative stages of the remedial action, several neighbors of the Ashland Gun Club (DeForest, et al) filed a lawsuit against the City, the gun club, and its board of directors. The plaintiffs alleged, amongst other things, that firing activities were polluting Emigrant Creek and nearby wetlands, in violation of the Clean Water Act (CWA). While environmental investigations produced no evidence of CWA violations, the City was nevertheless ordered by the presiding magistrate to conduct the previously-planned remediation activities in a 0.65-acre wetland area that may have been impacted by lead shot. Since 2015, the City has been working with environmental and engineering consultants to develop plans and obtain the necessary permits for completion of the court-ordered remedial action. By 2017, the City received authorization from all applicable regulatory agencies to conduct lead removal activities in the impacted wetland, install drainage, and then permanently fill the wetland, thereby eliminating a potential pathway for possible contamination of jurisdictional waters. In addition, the project required a wetland mitigation component to offset the permanent loss of 0.65 acres of wetlands. The mitigation component will result in the restoration of 0.78 acres of formerly-filled wetlands within the Gun Club leasehold and will include: • Excavation and grading to achieve wetland topography and hydrology; • Import of biologically-active topsoil to support wetland vegetation; • Planting and maintenance of native Rogue Valley wetland vegetation; and • Five years of wetland monitoring, as established by state and federal permits. The lead removal component of the project was successfully completed by a specialty hazmat contractor during the summer of 2017 at a cost of $78,300. The contractor, Metals Treatment Technology (MT2) did not recover any lead from the impacted wetland. The remaining Page 2of3 CITY OF ASHLAND components of the project, including drainage, fill, and mitigation construction were competitively bid in early 2018. The City received seven bids for the proposed work, ranging in price from $211,020 to $418,931. The apparent low bidder was Henderson LLC, an environmental design-build company headquartered in Lake Oswego, Oregon. It is the City's intent to enter into a contract with Henderson LLC for the provision of environmental remediation and mitigation services. Attachments: • Bid Summary • City of Ashland Contract - Lithia Springs Wetland Remediation & Mitigation Project Page 3of3 CITY OF ASHLAND CITY OF ASHLAND - ENGINEERING DIVISION SUMMARY OF PROPOSALS Project: Lithia Springs Wetland Remediation and Mitigation Corrected Engineer's Estimate: Not Available Project No.: 200907-999 No of Addendum: 4 Date of Bid Opening: March 19, 2018 at 2:00 PM 1 2 3 4 5 6 7 Name of Bidder & Trask Design & LKE Corporation Roxy Ann Rock HGC, Inc. Siskiyou Cascade Suulutaqq, Inc Henderson Address Construction PO Box 350 PO Box 4488 PO Box 1145 Construction, 16 N 120 Shelton 333 S. State St, 1530 NW 23, Washougal, WA Medford OR Eagle Point, OR Riverside, Medford, McMurphey Ste V Corvallis, OR 98761 97501 97524 OR 97501 Blvd, Ste 310, Lake Oswego, Eu ene, OR OR Sum of Bid $368,959 $418,931 $309,298 $362,744 $318,742 $266,372 $211,020 Add Alternate N/A N/A N/A N/A N/A N/A N/A Name of Bonding Contractors Travelers Old Republic Berkley Lexon Insurance Fidelity and Traveler's Co. Bonding and Casualty and Surety Company Insurance Company Deposit Casualty and Insurance Surety Company Company Company of Surety Company of America Maryland Company of America Amount of Bid 10% of total bid 10% of total bid 10% of total 10% of total 10% of total bid 10% of total 10% of total Bond. bid bid bid bid Nos. of Addenda 1-4 1-4 1-4 1-4 1-4 1-4 1-4 Acknowledged Completed & y y y y y y y Signed Bid Form Minimum Criteria y y y y y y y & Quals. Form First Tier y y y y y y y Subcontractor (submitted at (submitted Disclosure Form (within 2 hrs of bid 2:27 PM) at 3:20 PM) date X:AXdept\PW_and_Legal\GunCIUb\01. Admin\ConstructionA00. SolicitationT. Bids\Lithia Springs Wetland Remediation & Mitigation Bid Summary.docx CITY or ASHLAND PUBLIC IMPROVEMENT CONTRACT FOR ASHLAND GUN CLUB WETLAND REMEDIATION & MITIGATION PROJECT Project No. 200907-999 This Public Improvement Contract (hereinafter "Contract") is by and between the CITY OF ASHLAND, an Oregon municipal corporation (hereinafter "City"), and HENDERSON, LLC, (hereinafter "Contractor"). NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. WORK 1.1. Contr actor shall complete all work as more fully described in the Contract Documents. The work is generally described as wetland remediation and mitigation and includes permanently draining and filling 0.65 acres of existing jurisdictional wetlands impacted by firing range activities, and constructing 0.72 acres of mitigation wetlands on-site to offset the loss (hereinafter collectively referred to as the "Work"). The Statement of Work, including the delivery schedule for the Work, is contained in the Contract Documents. 1.2. Contractor shall, at its own risk and expense, perform the Work as described in the Contract Documents and shall furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the Work. Contractor shall secure all municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary for or incidental to the performance of the Work. 2. PROJECT MANAGER The City's Project Manager for this Contract is Kaylea Kathol, Facilities Project Manager, City of Ashland Public Works Department. 3. CONTRACT TIMES 3.1. All time limits for Milestones, if any, Substantial Completion, and completion for final payment as set forth in the Contract Documents are of the essence of this Contract. 3.2. The Work under this Contract shall be completed within 120 Calendar days following Contractor's receipt of the City's written Notice to Proceed. 4. CONTRACT PRICE 4.1. City agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, the sum of $211,020.00 for performing the Work under this Contract, including allowable expenses. This sum cannot be modified except by Change Order ~ Cite of Ashland approved in writing by the City. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements set forth in Section 21, of Exhibit A, Standard Terms and Conditions. 4.2. City certifies that sufficient funds have been appropriated to make payments required by this Contract during the current fiscal year. Contractor understands and agrees that City's payment of amounts under this Contract attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself-, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of this Contract. G. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. City of Ashland 2 r 77 F: I H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. Contractor's execution of this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in this Contract are premised upon performing and furnishing the Work required by the Contract Documents. 6. CONTRACT DOCUMENTS 6.1. The Contract Documents consist of the following: 1. This Contract (pages 1 to 6, inclusive). 2. Performance bond (pages 33 to 34, inclusive). 3. Payment bond (pages 35 to 36, inclusive). 4. Exhibit A, Standard Terms and Conditions (pages 7 to 26, inclusive). 5. Exhibit B, Applicable Contract Law 6. Exhibit C, Insurance Requirements 7. Exhibit D, Independent Contractor Certification (pages 29 to 30, inclusive). 8. Exhibit F, Certificate of Substantial Completion. 9. Exhibit G, Certificate of Compliance. 10. Exhibit H, Contractor's Release of Liens and Claims. 11. Exhibit I, Certificate of Final Completion. 12. Attachment A, Nondiscrimination and Equal Opportunity Policy for Contractors. 13. Drawings (not attached but incorporated by reference) consisting of the Drawings listed on the attached sheet index, page 77. 14. Addenda (numbers 1 to 4, inclusive). 15. Contractor's Bid (Attachment B). 16. The following which may be delivered or issued on or after the Effective Date of this Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. 6.2. The documents listed in 6.1 are attached to this Contract (except as expressly noted otherwise above). 6.3. There are no Contract Documents other than those listed in this Article 6- 6.4. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. 7. GOVERNING LAW This Contract shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the District of Oregon. City of Ashland 3 I Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 8. EFFECTIVE DATE This Contract shall become effective on the date of execution on behalf of the City, as set forth below (the "Effective Date,") and unless sooner terminated as provided in the Contract Documents, shall terminate upon the City's affirmative acceptance of the Work as complete and Contractor's acceptance of the City's final payment for the Work. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): HENDERSON, LLC Contact Name: Greg Benge Phone: 503-699-8999 Fax: 503-699-8777 Address: 200 N State Street, Suite 103, Lake Oswego, Oregon 97034 Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License No. Construction Contractors Board No. 142914 Citizenship: Nonresident alien Yes X No i Business Designation (check one): Individual X Sole Proprietorship Partnership Corporation Government/Nonprofit i The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement Contracts (Exhibit A) together with Exhibits B through K together with all other Contract Documents as set forth in below, and the separately bound Oregon 2015 Standard Specifications for Construction, as amended by the City of Ashland's most recent Addenda to the 2015 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an independent contractor as defined in ORS 670.600. Migne b C nt ractor: 3/21 /2018 re itle Date a Cite of Ashland i t i = Bruce Henderson Printed Name: NOTICE TO CONTRACTOR: This Contract does not bind the City of Ashland unless and until it has been executed by the Public Contracting Officer or designee. CITY OF ASHLAND SIGNATURE Approved: Paula Brown, Director of Public Works Date City of Ashland - Authorized by Ordinance 3013 and Delegation Order dated, City of Ashland 5 CITY Of ASHLAND CERTIFICATIONS OF REPRESENTATION Contractor, under 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 (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: X (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (4) Labor or services are performed only pursuant to written contracts. X (5) Labor or services are performed for two or more different persons within a period of one year. X (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 3/21/2018 Contractor Date City of Ashland s i Y I subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 37. Performance, Payment and Warranty Bonds / Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 38. jw6lyear Warranty In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within kwn "years following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure City of Ashland 21 i k EXHIBIT D: INDEPENDENT CONTRACTOR CERTIFICATION i' A. CONTRACTOR IS A CORPORATION CORPORATION CERTIFICATION: I am authori ed to act on behalf of the entity named below, and certify under penalty of perjury that it is a corporatio HENDERSON, LLC 3/21/2018 Entity Signature Date B. CONTRACTOR IS INDEPENDENT. i Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represents to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist (Check four or more of the following): X A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence, which is set aside as the location ofthe business. X B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. x C. Telephone listing is used for the business that is separate from the personal residence listing. X D. Labor or services are performed only pursuant to written contracts. x E. Labor or services are performed for two or more different persons within a period of one year. X F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. City of Ashland 29 c~ If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND, its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. 3/21/2018 ontracto Signature Date Project Manager Signature Date City of Ashland 30 Council Business Meeting April 3, 2018 Title: Liquor License Application for Mas Southern Oregon, LLC From: Melissa Huhtala City Recorder Melissa.huhtala@ashland.or.us Summary: This is a request for approval of a Liquor License Application from Mas Southern Oregon, LLC. 141 Will Dodge Way, Ashland, OR 97520. Actions, Options, or Potential Motions: I move to approve the Liquor License for Mas Southern Oregon, LLC. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application for a new Liquor License. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Letter from O'Ryan's Irish Pub owner Michael Szelong Page Iof I CITY OF -ASHLAND ' RECEIVES OREGON LIQUOR CONTROL COMMISSION NEMS lop LIQUOR LICENSE APPLICATION LICENSE FEE: Do not include the license fee with the CITY AND COUNTY USE ONLY application (the license fee will be collected at a later time). Date application received APPLICATION: Application is being made for: Name of City or County ❑ Brewery ❑ Brewery-Public House Recommends this license be Granted Denied ❑ stillery Full On-Premises, Commercial By ❑ Full On-Premises, Caterer ❑ Full On-Premises, Passenger Carrier Date ❑ Full On-Premises, Other Public Location ❑ Full On-Premises, Nonprofit Private Club OL ❑ Full On-Premises, For-Profit Private Club C¢y ❑ Grower Sales Privilege Application received by ❑ Limited On-Premises ❑ Off-Premises Date ❑ Off-Premises with Fuel Pumps ❑ Warehouse License Action: t'. p Wholesale Malt Beverage & Wine (WMBW) ,,tt ❑ Winery It ,W F ",E[)F . RD r FFIC- 1. LEGAL ENTITY (example: corporation or LLC) or IN applying for the license: Applicant #1 Applicant #2 Applicant #3 Applicant #4 2. Trade Name of the Business (the name customers will see): 3. Business Location: N mber and Street (z-f ! w if C~ City ~Z~k 1C~I C County ^ZIP_ A 4. Is the business at this location currently licensed by the OLCC? ❑ Yes -ONo 5 Mailing Address (where the OLCC will send your moil): n PO Box, Nu be Street, Rural Rc Jte~-~ --r- - ~lti St re ZIP City It 6. Phone Number of the Business Location> 6- 5 7 7. Contact Person for this Application: r )c' _ Name Phone Number Mailing Address, City, State, ZIP(ats S'k- ~t7$2C> Email. ~yuH w~~?s-._ I understand that marijuana (such as use, c umption, ingestion, inhalation, samples, give-away, sale, etc.) is prohibited on the ' e d premises. Signa ure of Ap cant Signature of Applicant #2 Signa of Applicant #3 Signature of Applicant #4 OICC kq.01 lkenw APPI-t-IRe 06%20171 March 19, 2018 UPDATED FROM MARCH 12, 2018 LETTER O'Ryans Irish Pub 137 E. Main St. Ashland, OR 97520 Ashland City Departments 20 East Main St. Ashland, OR 97520 Dear Ashland Planning Department, City Council, Mayor, Chief of Police and Fire Marshall, It has come to my attention that the Mr. Bob Kendrick is not the owner of the building at 141 Will Dodge Way, he owns the building adjacent to it. This updated letter hereby corrects that error. I write this letter for it to be introduced as a matter of public record. The purpose it to make it clear to all current and future city personnel and the Ashland community that there have been ongoing businesses located at 137 E. Main Street (O'Ryan's Irish Pub AKA IPub) that any current and future development applicants are made keenly aware of the "character of the neighborhood", including the "noise" levels, smoking, and pedestrian traffic to and from the premises that occurs on Will Dodge .Way. Any planned or future development in this area surrounding the IPub should be apprised of the following information and any decision to move forward by the city or by a developer (or any real estate transactions, leasing etc.) is done with the full knowledge of these facts: • There has been a bar/pub located at 137 E. Main St. Ashland for many decades, our research shows this to be at least 60 years and probably much more. The building it's located in was built in 1904. • It has been known as the "Ye Olde Pub", the "Irish Pub", "O'Ryan's Irish Pub and the "IPub Ashland" and perhaps other names previous to these. • Its current hours of operation are from 11am to 2am, 7 days a week. Its patrons drink, eat, socialize, play pool, listen to music and watch live bands and performers at the IPub Some patrons are smokers and go outside the IPub to smoke, talk and laugh sometimes loudly, socialize and have been know on occasion to sing. All this activity contributes to the increase of the ambient sound level and character of the neighborhood. • The patrons of our and other establishments use the alley, Will Dodge Way, as a thoroughfare to their homes, cars, bikes and other transportation to and from the area. They do so at all hours including early morning when bars close down after tam. • Travellers, homeless and others congregate in Will Dodge Way due to exclusion zones set up on Main Street and subsequent enforcement by Ashland PD. • There are other establishments (e.g. Vinyl Club) that are located or backup to Will Dodge Way. They also have patrons and are the subject of complaints due to "noise", queuing in the alley, etc. There has been a very large amount of ongoing complaints generated by local builder, Mr. Bob Kendrick, and his spouse with regard to noise level, vandalism and other "bad" behavior. Based on review of these complaints, calls and emails have exclusively originated from him/his spouse (or have been called in as "anonymous"). Further, we have ascertained that: • Mr. Kendrick owns several buildings in the immediate area. One is so close at 145 E. Main St. that it shares a common 100' footing with the IPub. • Mr. Kendrick was fully and keenly aware of the character of the neighborhood (being owner of above buildings and a long time landlord in Ashland downtown commercial area), the location of the IPub, "noise." levels, smoking, hours of operation, traffic in the alley etc. • Despite that knowledge, on or around 2006, Mr. Kendrick made a decision and.received approval to construct a dual use (commercial and residential) building within 25 feet of O'Ryan's Irish pub. (It is also the same distance to the Vinyl Club establishment located below the pub). He completed the building, moved in and at that time the complaints commenced. In my discussions, Mr. Kendrick has further informed me that the current owners, Ashland Vine LLC, are moving forward with plans to develop 20 units at 160 Lithia Way. Based on this letter, they must duly be informed of the above facts. If the city approves the plans and residential units are eventually constructed, they would be doing so with the full understanding of the character of the neighborhood including the sound levels and the various other points mentioned above. Finally, Mr, Kendrick has informed me that he is leasing out space right next to the IPub (formerly Lorella at 145 E. Main that shares the 100' footing with IPub and there is another bar going in at 141 Will Dodge Way. I Both of these OLCC applications were posted by OLCC just last Friday, March 9, 2018 in the name of IKA LLC DBA as Sakana Co/Jeffereson Spirits (@145 E. Main) and MAS Southern Oregon LLC DBA as MAS. I find it enormously ironic that the one person responsible for the plethora of complaints is now personally leasing space to a bar located within inches from the two existing bars. Also, another is being developed feet from the existing bars. How can that not cause more noise, congestion and all the things Mr. Kendrick has complained about? Only two explanations make sense: Income trumps noise and/or this is a concerted effort by him to put the two existing bars out of business. In light of the above, I respectfully suggest that any complaints (other than ones that go beyond the scope of what is outlined above) generated by Mr. Kendrick be considered illegitimate. In the same vein, any future complaints by others from newly constructed residential units should be treated likewise. Finally, if the city approves the two additional OLCC licensees to enable 4 bars within inches and feet of each other (and to Mr. Kendrick's residence) it states by implication that it approves the additional noise they will generate and the associated behaviors that go along with having that many bars that close to each other. Sincerely and res ectively submitted, Micha Szelong O=Ryan's Irish Pub Council Business Meeting April 3, 2018 Title: Approval of Public Art Recommendation - Sculpture Titled, Elevation From: Fotini Kaufman Assistant Planner fotini.kaufman@ashland.or.us Summary: The Public Art Commission recommends the City Council approve the design for the sculpture titled, Elevation. Actions, Options, or Potential Motions: I move approval of the design of sculpture Elevation at the recommendation of the Public Art Commission to be installed at the base of the Bandersnatch trail. Staff Recommendation: Staff recommends the Council approve the design for sculpture Elevation. Resource Requirements: None Policies, Plans and Goals Supported: Ashland Municipal Code 2.29. Background and Additional Information: The Watershed Art Group has received a grant from the Haines Philanthropic Foundation for the third and final piece of public art to be installed along Bandersnatch Trail. Previous installations include the Pacific Fisher and Water is Life. Stef Seffinger is the lead for the Watershed Art Group and has consulted with the Public Art Commission and Public Works on the location for the third installation. Elevation by artist Cheryl Garcia was tentatively approved by the PAC in January pending a final description of the piece and dimensions, which is attached here. If approved by the City Council, installation will likely occur in mid-summer. The piece is tied to the City's effort for ecological awareness and preservation. The PAC has met with the Watershed Art Group several times over the past year and believes the piece, Elevation enhances the visual landscape of the selected site, will be relatively maintenance free, and meets the guidelines for recommendation as stated in AMC 2.29.130. 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J•'•.; ;.•i"+.,.+." Y,~~~. ,y"`' ',Y"4~' l/,`~< ! ~ ~i .L. t' r _ ~4.:` hJ 4 1" '„r~t Wit' ti", Y1~ %A.: 'I•'!• ..-r ' :rte w a'r' .'."J~ ..n .~•.r 5'' _ !~2 . r1T'<~•A` f;. ':i5~✓t ._..:1.'r ! yq. /'.ei, ..,,f ~'.e~r! ~t rf..'. rr r`^~:. v -i`}L Council Business Meeting April 3, 0: Title: Approval of Economic Development, Cultural, Tourism and Sustainability Grants Ad-Hoc Committee, Mayor Appointments and Committee Charge From: Adam Hanks Acting City Administrator Adam. hanks@ash land. or. us Summary: A review and recommendation body needs to be formed for the 2018-19 Economic Development, Cultural, Tourism and Sustainability (ECTS) grants process. With this award cycle occurring in the "off-year" of the two-year biennial budget, Council has several options for the formation of an appointed body to complete the review and recommendation component of the grant award process. Actions, Options, or Potential Motions: 1) I move to approve the creation of an Ad-Hoc ECTS Ad-Hoc Committee with a specific charge to review and recommend to Council grant allocations consistent with Resolutions 2017-03 2012-04 and direct the Mayor to appoint the willing members of the Citizen's Budget Committee (CBC) to the ECTS Ad-Hoc Committee 2) 1 move to direct the Mayor to schedule a meeting of the CBC to create and fill an ECTS Grants sub-committee to review and make recommendations to the full CBC consistent with Resolutions 2017-03 and 2012-04, who will be charged with providing a final recommendation to Council for final approval. Resource Requirements: Grant funds were allocated by Resolution 2017-03, with an award amount for fiscal year 2018- 19 of $229,703. Funding for the grants come from the City's collection of Transient Occupancy Tax, with a portion coming from tourism restricted funds (10% of total restricted or $79,703) and the remainder from the unrestricted (non-tourism) funds ($150,000). Staff time is the only cost consideration relating to the different process options. Neither option poses a significant workload increase for staff. Motion #2 does require additional staffing for meeting prep and minutes for the two CBC meetings that would otherwise not be required with Motion #1. Policies, Plans and Goals Supported: Policies, Plans and Goals Supported: Council Goal #3 - Support and empower our community partners Council Goal #15 - Seek opportunities to diversify the economy in coordination with the Economic Development Strategy Background and Additional Information: Page 1 of 2 CITY OF -ASHLAND The City of Ashland collects a Transient Occupancy Tax (TOT), from people who stay in overnight lodging within the City limits. Over half (58%) of those funds are reserved for the City's General Fund and are used to support Police, Fire, Community Development, and Municipal Court. Slightly more than a quarter (26.67%) of those funds are used to support the tourism industry. The tourist funds are either allocated directly to groups that market Ashland to tourists or are spent on capital facilities that enhance the tourism experience within the community. The remaining funds are dedicated to the City's annual grant program. The amounts that go to each of these programs are allocated prior to the beginning of each biennium by Council. The City of Ashland reinvests a portion of the funds generated by the TOT in community non- profits through an annual grant program. Of the total anticipated TOT collection of $2,191,467, $229,703 is allocated to this grant program. Through these grants, the City is purchasing specific services from non-profits that it might otherwise provide directly. The grant program has four basic goals: • Economic Development. The grant program will support the creation, retention, and expansion of businesses and other ventures that enrich our community by creating goods and services that provide employment opportunities while maintaining and enhancing the overall quality of life. The 2011 Economic Development Strategy provides both policy level and action level guidance for eligible grant application programs and activities. • Cultural Development. The grant program will support increased diversity of and accessibility to the creative arts and cultural opportunities in Ashland for citizens and visitors and will support the visitor economy, maintain and promote job growth in this sector and enrich the overall quality of life in the community. • Tourism. As a long standing pillar of Ashland's economy, tourism programs support programs, activities and events that act similarly to more traditional traded sector activity in that dollars from outside the community are brought in and circulated locally to the benefit of our local businesses. • Sustainability. The grant program will create and support programs and activities to further support efforts to ensure Ashland is environmentally, economically and socially resilient as a community. Attachments: None Additional Links: www.ashland.or.us/2018ects,,,rants - Complete Grant Application, eligibility and award criteria Page 2 of 2 CITY OF ASHLAND Council Business Meeting Title: Audit Committee Appointment From: Mark Welch Administrative Services Director Mark.Welch@ashland.or.us Summary: The Municipal Audit Commission has a membership which includes an appointed member of the Budget Committee. Actions, Options, or Potential Motions: I move to appoint Garrett Furuichi to the Municipal Audit Commission with a term expiring December 31, 2018. Staff Recommendation: That Council appoint Garrett Furuichi. Resource Requirements: N/A Policies, Plans and Goals Supported: N/A Background and Additional Information: The Municipal Audit Commission has a membership that includes a member of appointed Budget Committee. At the March 19th Study Session, Garrett Furuichi volunteered to be a member of the Municipal Audit Commission. Attachments: None Page 1 of 1 CITY OF ASHLAND Council Business Meeting April 3, 2018' Title: Clarification of Council Rules and Protocols From: David Lohman City Attorney David.lohman@ashland.or.us Discussion Questions: This agenda item is a next step in an extended conversation on clarifying and modifying, if appropriate, expectations about Council practices at study sessions and regular business meetings. At this April 3 meeting, Council is asked to address highlighted Questions #8 through # 13 in Attachment A. The other questions in Attachment A are ones that Council has already addressed in previous meetings (#1 through #4 and #16 and #21) or has yet to address in future meetings. Resource Requirements: N/A Suggested Next Steps: As time permits at upcoming study sessions - or at a future retreat Council will be asked to address the unanswered questions in Attachment A, along with questions Councilors may wish to add to the list. Once agreement is reached on clarifications or changes to Council meeting practices, at future business meetings, staff will propose ordinance amendments needed to effect those changes or, perhaps, simple written interpretations of some rules. Policies, Plans and Goals Supported: Council Goal 2: Promote effective citizen communication and engagement. Background and Additional Information: Robert's Rules of Order serve as the default reference for meeting procedure. Over time, refinements or alternatives to Robert's Rules have been adopted to accommodate Ashland City Council's particular needs and circumstances. In 2014, the ordinance concerning formal Council rules, AMC 2.04, was updated again. Since then, more ambiguities, uncertainties, and inconsistencies have surfaced and occasionally have become sources of frustration. Discussions in 2014 did not, for the most part, address informal Council practices. This agenda item, and similar ones to follow, is intended to give the Council an opportunity to identify problems with both codified and informal Council meeting practices and decide whether changes are in order. Based on issues and questions about Council meeting practices that have arisen since 2014, staff so far has identified 33 questions believed to be worthy of Council discussion for purposes of Page 1 of 2 CITY OF -ASHLAND either clarification or revision. Council may wish to add more items to Attachment A, merge some, or strike some off the list. The questions are grouped into the following general topics: agendas; study sessions; comments, presentations, and correspondence from citizens; deliberation rules; Councilmember requests for information from staff, and miscellany. At its November 20. 2017 Study Session, Council reached conclusions on questions #1 through #3 and #16 and #21. At its regular business meeting on January 16, 2018, taking up the agenda item originally set for the December 18, 2017 study session, Council modified its previous conclusion on Question #2 and addressed questions #4 through #7. At this April 3rd session, Council is asked to address questions #8 through #13, which are highlighted in gray in Attachment A. For each of these questions, a staff-suggested conclusion is provided, along with some factors ("Points and Authorities") and alternative conclusions to consider. The questions not previously addressed and not slated to be addressed on April 3, are set forth in Attachment A simply as questions, without staff-suggested conclusions or considerations to be weighed. Note: Study sessions are the natural venue for considering these questions. An unexpected postponement of another item resulted in its inclusion in the agenda for this April 3 business meeting. Further note: At the conclusion of the November 20 meeting, it was suggested that remaining questions be addressed at a Council retreat. At the January 16 meeting, it was suggested that further questions about revisions to Council practices be addressed after compiling Councilmembers' individual email responses to them. Time constraints have kept either course from being pursued so far. Council will be asked how best to proceed to answer the remaining questions about meeting practices. In the meantime, reaching conclusions on at least questions #8 through #13 should prove beneficial to efficient use of Councilmembers' meeting time. Attachments: Attachment A: Council Rules and Protocols (4/3/18 Version) Page 2 of 2 CITY OF ASHLAND ATTACHMENT A COUNCIL RULES AND PROTOCOLS (4/3/18 Version) AGENDAS 1. Question: Should contracts above a specified dollar amount be presented as individual matters for Council decision, as opposed to being included on the Consent Agenda? Council Conclusion (11/20/17): On a trial basis, the City Administrator should place approval of any contract/procurement in excess of $100,000 on the regular business agenda. 2. Question: Should minutes of City advisory bodies be included in the Council agenda packets, along with a summary of which advisory bodies have met recently? Council Conclusion (1/16/18, modifying 11/20/17 tentative decision): Minutes for all standing and ad hoc advisory bodies are available on the opening page of the City website by clicking on the "City Commissions" tab or by clicking "Agendas and Minutes" in the Quick Link section of the homepage and using the dropbox to select the desired commission, committee, or board. Minutes are to be posted on the website shortly after each meeting whether approved or in not-yet-approved draft. Electronic versions of agendas for regular City Council meetings include an item providing hyperlinks to the minutes for each standing board or commission. 3. Question: During a Council meeting, under what circumstances should the scheduled order of a meeting agenda be altered? Council Conclusion (11/20/17): Councilors and the Mayor agree to adhere to the regular order of meeting agendas except in very rare circumstances and only after approval by a majority of the Council. No ordinance revision is necessary. 4. Question: During a Council meeting, how should a Councilor go about adding an item to the agenda? Council Conclusion (1/16/18): Retain current procedure, as provided in AMC 2.04.030C. During a meeting, a Councilor may move to add an item to the agenda for that meeting (or a future meeting). In the normal order of business, a motion to add an item to an agenda should be made at the time designated for "Other Business from Council Members." But the Mayor could change the order of business so as to take up the motion to add the item earlier in the meeting. If the motion to add an item to the current meeting's agenda receives a second, any debate, and majority approval, the item normally would be placed in the "Other Business from Council Members" section of the agenda. The Mayor, however, could decide to modify the order. [1j 5. Question: Outside of a meeting, how should a Councilor go about getting a matter added to an upcoming meeting agenda? Council Conclusion (1/16/18): Retain current procedure as provided in AMC 2.04.030B. An individual Councilor can get a matter added to a future Council meeting agenda by making a timely written request to the City Administrator, unless the item requires more than two hours of preparation by staff - in which case consent from a majority of the Council at a Council meeting is required. 6. Question: How should a citizen go about getting a matter added to a Council meeting agenda? Council Conclusion (1/16/18): Retain current procedure. A citizen should make the request to any Councilor or the Mayor or City Administrator or to a City advisory board, commission, or committee or make the request as part of testimony during Public Forum. 7. Question: During a Council meeting, how should a Councilor seek removal or postponement of a scheduled agenda item? Council Conclusion (1/16/18): Retain current procedures, as provided in AMC 2.04.040C.4.b(3) and 2.04.040C.4.j and k. Before or at the outset of consideration of a matter, a Councilor may "object to consideration of the question." After consideration of a matter has begun, a Councilor may "move to postpone the matter to a certain time" or "move to postpone the matter indefinitely." These are parliamentary mechanisms for deferring an agenda item which is believed to be not yet ripe for consideration. 8. Question: Should the pre-meeting Council packet include any presentation slides to be shown at the following week's meeting? Staff-Suggested Conclusion: Staff should make every effort to complete presentation slides in time to include in the Council packet, but Council should not expect the packets to include presentation slides for every agenda item. Points and Authorities: a. Presentation slides are useful for some agenda items, but not others. b. Presentation slides are typically the last elements of agenda item materials to be completed. This is because they generally serve to summarize complex facts and considerations provided elsewhere in more detail. Requiring preparation of all presentation slides, in addition to the rest of a packet sent at least 5 days in advance a meeting could result in otherwise unnecessary postponement of agenda items. c. Presenters sometimes only consider preparing presentation slides in the last few days before a Council meeting, as they are thinking through how best to cover complex topics. Requiring presentation slides to be included with a packet sent at least 5 days in advance of meetings likely would result in fewer slide presentations, sometimes at the expense of clarity. Alternative Conclusions to Consider: [2] a. Staff should either provide presentation slides in the pre-meeting Council packet or forgo using slides. STUDY SESSIONS 9. Question: Should/could Study Sessions be made more useful by treating them less like briefings and more like sessions for interactive exploration of key topics, adopting minimal formalities for presentations by and questioning of staff and for discussion among Councilmembers? Staff-Suggested Conclusion: Yes, by trying the following innovations: a. Allow free-flowing, unstructured colloquy among Councilmembers and relevant staff and consultants. Allow immediate follow-up questioning, without requiring each Councilor the opportunity to speak once before allowing any particular Councilor to speak a second or third time. b. Designate selected topics at Study Session to be for brainstorming only. c. Enforce current requirement in AMC 2.04.020C.2 that public forum presentations at a Study Session be limited to topics on the agenda for that Study Session. d. Allow citizens the normal time for presentation but allow Councilmembers unlimited time for follow-up dialogue with and exploratory questioning of presenters. e. Try not televising Study Sessions. f. Resume holding Study Sessions in the Siskiyou Room to better provide an intimate, informal atmosphere. g. As an alternative to forming more committees, encourage any interested individual Councilmember to volunteer to undertake with staff and interested citizens in-depth exploration of particular Study Session topics and share the Councilmember's individual tentative conclusions and reasoning with the full Council in subsequent Study Sessions. Points and Authorities: a. Current AMC 2.04.020C.2 says, "Each study sessions shall include up to a total of 15 minutes for public forum, in which persons may speak about any topic on the agenda for that study session." b. Citizen input on Study Session often consists of unsatisfyingly abbreviated monologue rather than serious dialogue. c. Strongly-worded advocacy sometimes takes precedence over thoughtful, objective exploration of topics. d. Study Sessions often fall short of being thorough examinations of the key questions about topics on the agenda. e. Councilors may state positions on a topic, but seldom are their positions subjected to critical analysis or debate from other Councilors. Councilors are sometimes reluctant to raise questions or doubts about other Councilors' statements, perhaps to preserve collegiality, composure, or flexibility to modify views as new information surfaces. f. Staff members are often reluctant to raise questions or reservations about Councilors' statements in order to avoid perceived effrontery or disrespect. Alternative Conclusions to Consider: [3] a. Invite multiple citizen advocates for a particular position to testify "together" under an agreement to allow true dialogue but less overall time than if each one signed up to speak separately. b. Try dividing major agenda items into 5 steps: (1) staff or consultant presentation of key facts; (2) identify key questions through group discussion; (3) use brainstorming techniques to generate conceivable answers to the key questions, refraining from evaluation or rebuttal; (4) evaluate, prioritize, and refine responses to key questions; and (5) use brainstorming techniques to identify information still needed before making a final decision. c. Plan on starting study sessions at 5:30 PM and ending them at 7:30 PM unless a majority votes to extend an additional 30 minutes. This would be similar to extending the time for public hearings beyond 9 PM, as provided in AMC 2.04.050F.1. d. Retain 5:30 pm start time for Study Sessions, but provide healthy snacks to enhance conviviality and sustain energy despite delayed dinner. 10. Question: Should Council be precluded from making decisions at Study Sessions? Staff-Suggested Conclusion: Retain current practice, as provided in AMC 2.04.020C.1, which allows for guidance to staff, including, voting on guidance to staff concerning matters to presented subsequently, and consensus direction to staff on matters that don't require an ordinance or resolution. Points and Authorities: a. Current AMC 2.04.020C.1 says, "Study sessions are for Council members to receive background information and recommendations from staff or invitees with expertise on City business; to ask questions, discuss options, express their individual views on matters that may be voted on in subsequent Regular or Special Meetings and to provide guidance to staff. The Council may vote in Study Sessions on guidance to staff concerning matters to be presented to Council for decision at subsequent meetings. By consensus, the Council also may direct staff to take action on other matters that do not require Council decision by ordinance or resolution...." b. Study Sessions appear to be intended primarily to "set the stage" for subsequent formal deliberation and decisions by providing Councilmembers background information and by providing staff a rough sense of Councilmembers' interests and concerns about impending public issues. c. An informal means of focusing on issues relevant to future decisions and eliminating those of little relevance or interest is critical for time management by both staff and Councilmembers. d. Prior to 2014, AMC Chapter 2.04.020C said, "Study sessions are held so that Council can confer with staff and other experts on items under consideration that may eventually require official actions. Council may not deliberate towards a decision but can give staff direction to prepare materials for a regular Council meeting." Distinguishing "giving staff direction" from "deliberating towards a decision" is either arbitrary or subjective, because neither phrase is susceptible to precise definition. In 2014 Council chose to avoid this definitional problem by allowing both, as long as the action approved at a Study Session does not require formal approval by ordinance or resolution. [4] e. One might argue that any type of decision-making or deliberation towards a decision should occur only in Regular business meetings because members of the public are most likely then to be paying attention. A counterpoint is that rules premised on the notion that deliberation and decision-making can or should be reserved exclusively for formal meetings would be disingenuous: informal deliberation and tentative judgments by individual members of the Council inevitably occur in many circumstances other than Regular business meetings and as the result of inputs from many sources, including individual communications with constituents. Likewise, to preclude all forms of deliberation and decision-making at Study Sessions would be to have a rule based on a false pretense. Alternative Conclusions to Consider: a. Revert to the pre-2014 rules for Study Sessions, disallowing any deliberation towards a decision and any direction to staff except direction to prepare materials for a regular Council meeting. b. Allow motions of any kind to be made at Study Sessions. c. Ignoring efforts to define "deliberation" and "decision-making", transform Study Sessions (or at least particular ones designated to be for brainstorming) into more informal and interactive explorations of key topics, as discussed in Question 9. 11. Question: Should someone (the Mayor or City Administrator) be responsible for providing a summary of action taken/direction given at the end of each Study Session agenda item? Staff-Suggested Conclusion: Yes Points and Authorities: a. Both staff and Councilmembers sometimes leave Study Sessions with unclear notions of what has been decided and next steps. b. Requiring an effort to articulate common understandings would allow for immediate correction of misinterpretations and make expectations for outcomes more apt to be in alignment. Alternative Conclusions to Consider: a. Leave it to the Mayor or City Administrator to bring closure to each matter as they deem necessary. COMMENTSIPRESENTATIONSICORRESPONDENCE FROM CITIZENS 12. Question: Should a person speaking before the Council be required to state his or her street address? Staff-Suggested Conclusion: Require that persons making presentations to Council state (1) which city they reside in; or (2) which county they reside in, if in an unincorporated area; or (3) the organizations for which they are speaking or with which they are affiliated with respect to their presentations. [5) Points and Authorities: a. Earlier this year, Council provisionally decided to stop requiring persons making presentations to Council to announce their street address, subject to confirmation or further revision in the course of reviewing Council rules and protocols. b. No statutes, ordinances, resolutions, or administrative rules require identification of a speaker's residence or affiliations. c. Identification of a speaker's residence jurisdiction or pertinent affiliations can be helpful to Councilors in evaluating the merits of a particular presentation. d. It may sometimes be useful to have speakers' mail or email addresses for purposes of follow-up information from the City. e. Except perhaps in the case of quasi-judicial land use decisions, the street address of a particular presenter is of no real consequence in a Council decision. f. Some presenters may wish to be able to express their views on public matters without making it easy to direct reactions to their home addresses. Alternative Conclusions to Consider: a. Require presenters before Council to state only their names. b. Require persons to state only their names at the beginning of their presentations to Council, but to provide their mailing address on the "speaker request forms." c. Require all presenters to identify either their street address or the organizations for which they are speaking or with which they are affiliated with respect to their presentations. 13. Question: How should time limits on speakers on scheduled agenda items be determined? Staff-Suggested Conclusion: Retain current AMC 2.04.050G.2, which makes the presiding officer responsible for setting time limits on public testimony on scheduled agenda items. Points and Authorities: a. Current AMC 2.04.050G.2 says, "The presiding officer will set time limits for people to ask to speak on agenda items. In general, the time limits should be set to enable all people who wish to present testimony. Time limits shall not be so short as to not allow speakers to address their topics." b. The time available for public testimony depends on multiple variable factors, such as time required for other items on the agenda, and the number of submitted "speaker request forms." c. Especially on controversial issues, many members of the public may wish to be heard at Council meetings. d. Especially on controversial issues, elected decision-makers may well need significant meeting time for thoughtful deliberations among themselves. e. The standard time limit for public testimony at Study Sessions is 15 minutes, but a majority of Councilors can vote to extend that time. AMC 2.04.050D.2. f. Staff has recommended other flexible arrangements for public testimony input at Study Sessions. See Question 9 above. g. Public testimony at Regular Council business meetings is only one of the available forms of input from citizens. Correspondence and direct personal conversations with [6] Councilmembers (except on quasi-judicial land use matters) can be at least as helpful to elected decision-makers as necessarily time-limited statements at formal Council meetings. Alternative Conclusions to Consider: a. As with Study Sessions, make 15 minutes the standard time for public testimony at business meetings, but allow a majority of Councilors to vote to extend that time. b. Allow citizens the 15 minutes for presentation, but allow Councilmembers unlimited time for follow-up dialogue with and exploratory questioning of presenters. c. Invite multiple citizen advocates for a particular position to testify "together" under an agreement to take less overall time than if each one signed up to speak separately. 14. At what point during consideration of a scheduled agenda item, should members of the public be invited to present their views on the item? 15. If a person goes to the trouble to provide public input on a matter, should the Council respond to that input immediately after? During Council's deliberation on the matter? 16. Question: Should follow-up questioning of speakers be permitted without suspension of Council Rules? Council Conclusion (11/20/17): Follow-up questions or responses by Councilmembers should be allowed without suspension of the rules (1) in Study Sessions; and (2) when the speaker is a subject matter expert invited by staff or Council to make a presentation. Follow-up questions or responses by Councilmembers should not be allowed with respect to testimony by members of the public during Public Forum or during testimony on agenda items except in unusual circumstances and after suspension of the rules. However, Councilmembers or City staff may be recognized by the presiding officer following testimony by members of the public for purposes of correcting for the record any patent errors of fact. 17. Following a presentation to Council from staff or an invitee, should members of the public be permitted to direct arguments or questions to the presenter? 18. If discussion of an agenda item begins in one meeting and is continued to a subsequent meeting, should a member of the general public who spoke before the Council at the first meeting have opportunity to speak before the Council on the same topic at the subsequent meeting? 19. Should a citizen's wish to testify on a matter on the Consent Agenda automatically cause the item to be pulled from the Consent Agenda for separate consideration by the Council, including public testimony? 20. How should Councilmembers and staff respond to citizens' correspondence sent directly to the entire Council? Sent to the City Administrator or the department director with copies to the entire Council? Sent to the City website? Sent Directly to an individual Councilmember? DELIBERATION RULES 21. Question: Should every Councilor get a "turn" to speak on an issue before any Councilor gets a follow-up turn? [7] i Council Conclusion (11/20/17): During Council business meetings, every Councilor should get a turn to speak about an issue under consideration before any other Councilor gets a follow-up turn. During Study Sessions however, this rule should not be observed. 22. How should the Council's deliberation rule against negative remarks about the motivations or traits of others (AMC 2.04.040C.2) and the rule against criticizing any person in public meetings or emails (AMC 2.04.070D) be enforced? 23. Should the list of rules that Council can suspend be expanded? 24. How should a Councilor seek a suspension of Council rules? 25. Does suspension of the rules always require a formal vote? COUNCILMEMBER REQUESTS FOR INFORMATION FROM STAFF 26. Outside of a meeting, how should a Councilor go about getting information from staff if the request likely to require no more than two hours of staff time? If the request is likely to require more than two hours of staff time? 27. How should an employee handle a request for information that is likely to require more than 2 hours of staff time? 28. Is the two-hour rule appropriate? 29. Should the staff's response to a Councilor's inquiry always be sent to all Councilmembers? MISCELLANY 30. Should individual Councilors serve as Council liaisons to the various City departments, similar to their roles as liaisons to City advisory bodies? 31. Could changes be made to the Look Ahead to enhance its usefulness to Councilmembers? 32. What role should Councilmembers play in hiring staff? 33. Should the current format for proposed ordinances and resolutions be revised? [8)