HomeMy WebLinkAbout2003-0304 Council Mtg PACKET CITY OF
-ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 4, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APIPROVAL OF MINUTES: Regular Council Meeting Minutes of February 18, 2003.
IV. SPECIAL PRESENTATIONS & AWARDS:
V. CQNSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of David Chapman to the Traffic Safety
Commission for a term to expire April 30, 2003.
3. Approval of Amendment No. 1, Agreement No. 19686 - Cooperative Improvement
Agreement Helman - 2"d Street & Valley View to 4~.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject of a Land Use Appeal. All headngs must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
(None)
VII. P ,U~LIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
VIII. UI~FINISHED BUSINESS:
(None)
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IX. NE~N AND MISCELLANEOUS BUSINESS:
1. Request for Co-Sponsorship and Banner Approval for Relay for Life.
2. Motion to Designate Finance Director as Budget Officer.
3. Preliminary Engineering for Talent Ashland Phoenix (TAP) Intertie Pipelirie for Future
Construction of the line from Talent to Ashland.
4. Approval of Recommended Changes to Bylaws for the Rogue Valley Me~opolitan
Planning Organization (RVMPO) Boundary Expansion.
5. Approval of Jurisdictional Transfer Agreement No. 699, Amendment No. ~1, Rogue
Valley Highway No. 63 (Route 99) 4th Street - Walker Avenue between the City of
Ashland and the Oregon Department of Transportation.
X. ORDINANCES~ RESOLUTIONS AND CONTRACTS:
1. Second Reading by title only of "An Ordinance Modifying Chapter 18.40 Of the
Ashland Municipal Code, Land Use Ordinance, Allowing Theaters and similar
Entertainment Uses as a Conditional Use in the E-1 Zone."
2. Reading by title only of "A Resolution dedicating Property for Open Space Park
Purposes pursuant to Article XIXA, Section 2, of the City Charter (Keener Property at
Nevada Street and Ashland Creek)."
3. Reading by title only of "A Resolution Changing the Composition of the MUnicipal
Audit Committee by making the City Recorder a Voting Member, allowingithe Mayor
as an Altemative for a Council Member and Repealing Resolution No. 98~-06."
4. Reading by title only of "A Resolution calling a Special Election on May 20, 2003, in
the City of Ashland for the Purposes of Submitting to the Voters of the City a Measure
for a five-year tax-rate Levy to Provide Funds for the Operation of Youth Activity
Programs."
5. Reading by title only of "A Resolution Authorizing City to Participate in PERS Appeal."
Xl. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM
COUNCIL LIAISONS
Xll. ADJOURNMENT:
REMINDER
Study Session on March 5, 2003 at 12 noon in Council Chambers. Topics
of discussion will include: 1 ) Presentation by Forest Lands Commission~
I
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).
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 18, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
ROLL CALL: Councilors Laws, Amarotico, Hartzell, Jackson, Morrison and Heam were present.
APPROVAL OF MINUTES: The regular Council Meeting Minutes of February 4, 2002 were approved as
presented.
SPECIAL PRESENTATIONS & AWARDS:
February 28, 2003 was proclaimed as Peace Corps Day in Ashland.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Liquor License Application from Gary Mailicoat dba Ashland Hills Shell at 2495 Ashland Street.
3. Liquor License Application from Steve Apted dba Good Times at 1951 Highway 66. - -
4. Lithia Springs Property.
5. Confirmation of Mayor's appointment of Pam Hammond to the Traffic Safety Commission for a term to
expire April 30, 2003.
Item #4 was pulled from the Consent Agenda at Councilor Hartzell's request.
Councilors Morrison/Laws m/s to approve Items 1, 2, 3, and 5 on the Consent Agenda. Voice Vote: Ali
AYES. Motion passed.
It was clarified that the Gun Club lease was last modified at least five years ago and is a 15-year lease.
Councilors Hartzell/Morrison m/s to approve item #4 on the Consent Agenda. Voice Vote: All AYES.
Motion passed.
PUBLIC HEARINGS:
1. Public Hearing and First Reading of an Ordinance Modifying Chapter 18.40 of the Ashland Municipal
Code, Land Use Ordinance, Allowing Theaters and Similar Entertainment Uses as a Conditional Use in
the E-I Zone.
Community Development Director John McLaughlin explained that currently, theaters are not an allowed use in the
E-1 zone due to a 1998 modification of the zoning ordinance, in which theaters were inadvertently left out as a use.
The proposed Ordinance would allow theaters and similar entertainment as a conditional use in the E-1 zone.
"Conditional Use," lets certain things happen under certain conditions, with the Planning Commission and, upon
appeal, the Council, addressing the needs and concerns of the surrounding neighborhood. Restrictions, such as hours
of operation or noise levels, could be imposed as part of the conditional use process. He noted that this modification
fills a need that Ashland has in terms of its economic base as theaters and performing arts are seen as a critical part
of the community.
He explained that the Planning Commission held a public hearing on this ordinance amendment and unanimously
recommended adoption by the City Council. Presently there are theater groups waiting to apply for conditional use
so they might open for business this spring. The Council has the option to declare an emergency so that the
ordinance could become effective immediately. He clarified that commercial zoning sometimes occurs in proximity
to residential zones such as in the case of the Cabaret Theater. He felt that a "Tinsel Town" type of development
was unlikely, as Ashland does not have the population to support it.
Public Hearing Opened: 7:20
Phillip Lang/758 B Street/Spoke in opposition to the proposed ordinance, stating that the issue is not about
supporting theaters, but about protecting the R-2 overlay. He felt that obfuscation was going on and that this is a
case of violating the rules and then rewriting them. He cited concerns with noise, traffic, and other negative impacts
on neighborhoods.
Ashland City Council Meeting
February 18, 2003
Page 1 of 6
Eric Navickas/711 Faith Avenue/Spoke against the Ordinance, stating concerns with the possibilities of "Cinema
Plex" and "Tinsel Town," types of development destroying the downtown area. He suggested that if the ordinance
is passed to allow only performance types of theaters.
Elizabeth Cara/3306 S Pacific Hwy #46/Treasurer for the Board of Directors of Art-Attack Theater
Company/Spoke in favor of the proposed ordinance and how it relates to the theater she is associated with. She
stated that their company rented a facility without understanding that they could not use it as a theater. She
requested the opportunity to apply for a conditional use permit in order to open their season in March.
Public Hearing Closed: 7:31
McLaughlin clarified that the 1998 modification of the zoning ordinance was done in order to control where
businesses selling liquor, such as bars and nightclubs, could locate within Ashland. He noted that if a business
allowed under conditional use is out of compliance, a revocation hearing could be held and the approval could be
pulled.
Councilors Morrison/Laws m/s to approve the first reading of the Ordinance. Roll Call Vote: Laws, Hearn
Hartzeil, Jackson, Morrison, and Amarotico: All AYES. Motion passed.
PUBLIC FORUM:
Daniel Ruff/Homeless/Spoke regarding the camping ban and if the issue could be put on the agenda. He asked the
Council what they are going to do with the homeless?
Rich Rohde/124 Ohio/Addressed the evictions at The Pines mobile home park. He felt that the families are facing
expensive relocation costs and hoped that the Council would have signed the resolution letter regarding mediation.
He made three suggestions: 1.) The Council should sign the letter; 2.) The Council should put the mobile home
closure ordinance back on the table; and, 3.) The Council should get together with ACCESS to see if the renter
assistance fund could be used for mobile home owner relocation relief.
DeBoer noted that people are welcome to make appointments with him to discuss issues.
UNFINISHED BUSINESS:
1. Report on change in Food & Beverage Tax.
Finance Director Lee Tuneberg reported on the financial impact of raising this tax from 5% to 6%. The annual
impact would be about $336,000 in additional revenue which would be about $2,780,000 over the life of the
ordinance given a 3% growth in revenues. Parks SDCs are currently providing $200,000 per year and projecting out
about $2,000,000 with one quarter of that already dedicated to paying back debt related to properties purchased
through SDCs leaving a net of $1,500,000. With the proposed 30% increase, the net would be about $2,200,000. He
noted that donations, grants, and public partnerships are difficult to estimate, budget for, and count on.
If the Council decides to go forward with this, action would need to be taken by July for the September election, or
by the first meeting in March for the May election.
Mike Buckley/793 Wharton, Grants Pass/Asked the Council to reconsider increasing the meals tax because he felt
it unfairly targets the Food & Beverage Industry. The Food & Beverage industry should not be the only ones who
should have to support Open Space and Parks, and the sewer system.
Ron Roth/6950 Old Hwy 99S/Asked that.the Council considers other possible changes to the meals tax ordinance,
including 1.) Allocating a portion of the tax to affordable housing program; 2.) Allocating a portion towards
continuing the build-out of the Ashland Fiber Network; and 3.) Repealing the meals tax.
Eric Navickas/711 Faith Avenue/Supported Parks acquisition but felt that it is a regressive tax on small business
owners. Restaurants have one of the lowest profit margins of any business in the City.
Bryan Holley/324 Liberty Street/Urged the Council to support the Parks proposal and continue to acquire park
lands, noting that the tax was passed by a majority of Ashland citizens. He welcomed the new City Administrator,
Gino Grimaldi.
Ashland City Council Meeting
February 18, 2003
Page 2 of 6
Jack Hardesty/757 Dogwood Way/Protested the proposed increase in the meals tax. He felt that people who like to
eat out are being asked to pay for the pet project of another group of citizens. He suggested that if there is concern
over having more parks, to be direct about it. Voters should make the decision and the Parks Department should
live within its means.
Guy Nutter/1037 Pinecrest Terrace/Stated that he had previously supported an increase in the meals tax, but has
since changed his mind. He was disappointment that trails, which are inexpensive parks, had not been given a high
priority by the Parks Commission. He requested that the Council refrain from placing this before the community
until trails become a priority.
Dal Carver/2132 Birchwood/Owner of the Wild Goose Cafe/Supported acquiring more open space, but not on the
backs of the restaurant business. He stated that the tax impacts overall revenue shares for restaurant business and
that they compete with restaurants that do not have to collect tax. He felt that a retail tax would be more acceptable.
Richard Hendrickson/444 Monte Vista Drive/Did not support the tax increase due to failure of the Parks
Commission to budget for, and to fund the acquisition of trails.
Beth Reid/147 Strawberry Lane/Requested that the Council explains: 1.) Why they feel it is moral or just to single
out and burden only one industry with the tax; 2.) Why Jacksonville raises funds for Open Space through grants and
contributions and we don't.
Alex Reid/147 Strawberry Lane/Spoke regarding finding funding through grants, noting that Jacksonville has a
70% success rate in getting grants. He supported Open Space acquisition, but not at the cost of business for
restaurants, and suggested the Council look for alternative methods of funding.
Fred Caruso/102 Garfield/Felt it important to consider making elderly and disabled individuals exempt from
paying the meal tax.
Jim Lewis/Chair of the Parks Commission/Supported funding the Open Space Plan noting the need to complete
the short term plan. He felt that 1% is a modest increase and a small price to pay. He explained that they do not
have formula that says an exact percentage goes to each area of the plan, but history shows that open space and trails
connections have been acquired with meals tax funds. He hoped that they could work with trail people to acquire
easements and develop trails.
Council discussed the issue, noting the following: · The budget process starts soon and the issue could be worked through the budget committee to see what
ideas they come up with.
· The committee that already worked on this could meet again, along with the Finance Director, to explore
options.
· More details are needed on how priorities are set for each phase of the plan.
· The voting public is not supporting new tax measures.
· Having both an activities levy and another tax measure would pit voter against voter.
· We should work toward reduction in the City budget rather than increasing it.
Creative and alternative funding options should be explored.
· Additional Open Space could be deferred.
· The meals tax hits people who have some choice in and control over their expenditures, while an increase
in sewer rates impacts those who can not afford it.
· The question before the Council is whether to put this issue to the people for a vote, not to approve the tax
or not.
· The need for an emphasis on trails can be addressed through public processes.
NEW AND MISCELLANEOUS BUSINESS:
1. Review of Draft 2003-2004 Council Goals.
Interim City Administrator Brian Almquist explained that this is a draft and that each Councilor was to mark up the
draft with their comments and then give it to City Recorder Barbara Christensen. A final Goal document would be
prepared for adoption at another public meeting.
2. 2003 Citizen Survey.
Ashland City Council Meeting
February 18, 2003
Page 3 of 6
Almquist reported that every two years a telephone is survey done and is currently underway. He asked the Council
to review the proposed questions and provide feedback to Communications Director Ann Seltzer.
It was noted that the City is under contract for survey services but there are provisions allowing the City to get out of
the contract. The $15,000 cost of the survey was questioned and it was wondered if there might be a less expensive
way to accomplish it. It was noted that currently $15,000 was the lowest price found. Laws noted that Bill Hughes
in the Southern Oregon University (SOU) Political Science Department has a lab with banks of telephones where
this could be done. DeBoer suggested doing the survey in the fall so the results would be available for the next
year's goal setting. The accuracy of the survey's representation of Ashland's population was questioned because in
previous surveys homeowners were a disproportionate number of the respondents.
Council directed that Seltzer research cost, options, and survey methodologies and to report back at a future Council
meeting.
3. Request for Co-sponsorship of Ashland Independent Film Festival (AIFF).
Ron Hulteen/87 Granite Street/Ashland Independent Film Festival Administrator/Thanked the Council for past
support and gave an overview of the Festival's planned activities for this year. He noted that the success of the
Festival means increased economic activity for Ashland and asked that the City co-sponsor the event.
Councilors Morrison/Hearn m/s to approve co-sponsorship of the AIFF. Voice Vote: Ail AYES. Motion
passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. Reading by title only of "A Resolution to Protect Civil Liberties."
City Attorney Paul Nolte reported that there are two versions of the Resolution before the Council: 1.) Originally
proposed by Paul Copeland and a group know as the Ashland Patriots but with various mutually agreed upon
wording changes; and, 2.) A shortened resolution based in part on similar resolutions adopted by other cities.
Law asked that the consequences and impact of making the names of persons detained under the Patriot Act a matter
of public record is considered.
Paul Mensch/451 N Main Street/Spoke in opposition to the resolution, stating that the Patriot Act is a Federal law
and it is the duty of the Congress and President to enact those laws. It is not the duty of the City Council to direct
the police department not to participate in the enforcement of those laws. He read aloud from the City Charter,
noting that it allows the Council to pass laws not in conflict with the laws of the United States. He did not find
direction there indicating that these clauses applied only to laws of the United States that the Council happens to
agree with, and felt this is not a City issue.
Joseph Powell/21752 Dead Indian Memorial Road/Felt that this is a City issue and that the Patriot Act is un-
American, unconstitutional, and Stalinism. He supported the rights of people to defend their freedoms.
Genie and Glenn Hardon/269 N 2nd/Urged the Council to adopt the resolution as it is all of our responsibilities to
uphold the Constitution and defend everyone's civil rights. She felt that the City Council is the first layer of
representation.
Ron Tracy/185 Beacon Hill/Spoke in opposition to the resolution and expressed concern over the safety of his
family if the local police force were handcuffed by the resolution. He supported local police departments and peace.
Pam Vavra/2800 Dead Indian Memorial Road/Read aloud a quote in support of civil liberties, due process, and
privacy. She urged the Council to adopt the resolution and act with the leadership for which Ashland is so well
known. We as a community must speak up while we still can.
Steve Traisman/1001 N Main/Felt that the real terror in America is the terror against health and a clean
environment. Stated that the Patriot Act is unpatriotic and unconstitutional. He felt that we are the terrorists.
Lance Hill/2800 Dead Indian Memorial Road/Quoted Benjamin Franklin noting that choosing freedom over
security is never easy. He urged the Council to support the resolution in order to protect citizen's rights
Ashland City Council Meeting
February 18, 2003
Page 4 of 6
Ralph Temple/150 Myer Creek Road/Spoke in favor of the proposed resolution submitted by Paul Copeland. In
speaking to the issue raised by Laws, he noted that when people are arrested and detained, public records are vital in
order to prevent people from just "disappearing" as is happening in other countries. He felt it is the duty of the
Council to uphold the U.S. Constitution.
Bill Ashworth/201 Gresham Street/Spoke in favor of the resolution and explained how it directly affects his
household and the international student exchange program. He noted that exchange students can be deported at any
time and that no one would be notified that authorities took them.
Rev. Patt Herdklutz/384 Clinton Street/Voiced concern regarding racial profiling. She encouraged the Council to
adopt the resolution and stand with other cities in support of civil liberties.
Marilee Jenkinson/144 N 2nd Street/Spoke in support of civil liberties and peace, and read aloud from a document
downloaded from the internet.
Fred Caruso/102 Garfield/Spoke in support of the resolution and civil liberties. He explained his view of how the
U.S. Constitution came about and what it means.
Councilors Hartzell/Morrison m/s to extend meeting past 10:00 p.m. Voice Vote: all AYES. Motion passed.
Paul Copeland/462 Jennifer/Spoke in support of the resolution and noted the wide support shown for it. He felt
the issue is non-partisan and not a threat to security or the ability of the police to co-operate with other law
enforcement. He highlighted various parts of the Patriot Act that he felt were in violation of civil liberties and the
Constitution. He felt that the espionage rules of the CIA are being substituted for domestic law enforcement. He
asked that we hold to the higher standards of the Bill of Rights and not to the relaxed standards of the Patriot Act.
Leslie Adams/no address/Felt that is clear that the Patriot Act is in violation of the U.S. Constitution. She
suggested that the recent flag burnings were a physical representation of our democracy, which, in her view, is going
to fascism.
DeBoer noted disappointment when he went to listen to Senators Widen and Smith yesterday because not one
person asked them a question about the Patriot Act. He noted that both senators had voted for the Act. He favored
the second version of the proposed resolution and deleting item "D," regarding search and seizure.
Council discussed which version to pass noting that the first version makes a stronger statement and the shorter one
gets right to the point. Nolte clarified that in terms of enforceability, both versions carry the same import.
Councilors Hartzell/Morrison m/s to adopt the original Resolution to Protect Civil Liberties. Discussion:
Nolte noted wording changes that would help clarify and improve some provisions of the Resolution. The changes
were read aloud and shown to the Council.
Councilor Hartzell/Morrison m/s to amend the motion to adopt the original Resolution to Protect Civil
Liberties with the wording changes proposed by Paul Nolte. Voice Vote: All AYES. Motion passed.
Roll Call Vote on the original motion as amended: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn:
All AYES. Motion passed.
2. Reading by title only of "A Resolution establishing Cable Television and Internet Rates for the Ashland
Fiber Network."
Councilors Laws/Hearn m/s to approve the Resolution establishing Cable Television and lnternet Rates for
the Ashland Fiber Network. Roll Call Vote: Hartzeli, Morrison, Laws, Hearn, Jackson, Amarotico: All
AYES. Motion passed.
e
Reading by title only of "A Resolution supporting the Oregon Department of Transportation,
Transportation (ODOT) Enhancement Grant Application in the amount of $580,000 for Construction of
the North Ashland Multi-Use Path."
Ashland City Council Meeting
February 18, 2003
Page 5 of 6
Councilors Morrison/Hartzell m/s to approve the Resolution supporting the Oregon Department of
Transportation, Transportation Enhancement Grant Application in the amount of $580,000 for Construction
of the North Ashland Multi-Use Path. Roll Call Vote: Laws, Amarotico, Hartzeli, Jackson, Morrison and
Hearn: All AYES. Motion passed.
4. Reading by title only of "A Resolution of the City of Ashland, Jackson County, Oregon, authorizing the
issuance of Water Reserve Bonds for a total of not to exceed $2,943,000 and Providing for Publication of
Notice."
Finance Director Lee Tuneberg clarified that with financing costs and reserves the maximum is $3,500,000. It was
noted that we are refinancing the 1994 water bonds.
Councilors Amarotico/Jackson m/s to approve the Resolution as amended. Roll Call Vote: Hearn, Morrison,
Jackson, Hartzell, Amarotico, and Laws: All AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS:
It was noted that the City Attorney annual evaluation was extended until November and the City Administrator 6-
month evaluation would be done at the same time.
The Lower Pines issue was noted as being in the courts and that DeBoer had requested information from the tenants
with one tenant responding. He commented that the owner is willing to discuss the issue, and that the tenants are not
currently paying rent.
Hartzell asked that a study session be scheduled in April concerning the City's contract with Rogue Valley
Television (RVTV) and the cable franchise agreement.
ADJOURNMENT
The meeting was adjourned at 10:29 p.m.
Alan DeBoer, Mayor
Ashland City Council Meeting
February 18, 2003
Page 6 of 6
Office of the Mayor
Alan W. DeBoer
MEMORANDUM
DATE: February 18, 2003
TO: City Council Members
FROM: Mayor Alan DeBoer
RE: Appointment to Traffic Safety Commission
March 47 2003 City Council Meeting
This will confirm my appointment of David Chapman to the Traffic Safety Commission
for a term to expire April 30, 2003.
The vacancy was created following the resignation of David Dotterrer following his
appointment to the Planning Commission in January, 2003.
Attached is a copy of David Chapman's application received in response to the
advertisement as it appeared in the Daily Tidings. The vacancy was also advertised on
the City's Web site, and on the notice board in City Hall.
Attachment
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com
The City of Ashland has two new vacancies on the TRAFFIC
SAFETY COMMISSION for terms to expire April 30, 2003 with the
opportunity to be consid~ed for further 3-year terms. If you are
interested in being considered for a volunteer position on the Traffic
Safety Commission, please submit your request in wdting, with a
copy of your resume (if available) to the City Recorder's office. Addi-
tional information regarding this position can be obtained from the
office of the City Recorder.
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland.
APPLY BY: Wednesday, February 12, 2003.
CITY OF
, .SHLAND
February 13, 2003 '--~,/
Alan DeBoer, Mayor
City of Ashland
Ashland, OR 97520
Dear Mr. Mayor,
I would like to be considered for an opening on Ashland's Traffic Safety Commission.
Currently, I am serving as the Chair on the Bicycle and Pedestrian Commission. My term
expires in April and I would appreciate the opportunity to continue working in our
community in a different position.
An important aspect of maintaining a livable community in Ashland is working toward
easier safe access for pedestrians and cyclists, and that has been my primary interest
while working on the Bicycle and Pedestrian Commission. I have also served as our
liaison to the Traffic Safety Commissioa and attended their meetings. I served on the
Citizen's Design Committees both for Siskiyou Boulevard and for Ashland Street. In
addition, I attended meetings with the Transportation, Transit and Parking Committee
and the community meetings for the Strawberry Lane and the Tolman Creek LIDs.
Thank you.
Sincerely,
David R. Chapman
318 Wrights Creek Dr.
Ashland, OR 97520
DavidSusan~_2a~hlandhome. net
DAVID IL CHAPMAN
318 Wrights Crcek Dr.
Ashland, Oregon 95750
(541) 498-0152
SUMMARY:
FiRcen years experience with the computer industry in research and
development working with a wide variety of networked equipment. FiRcen
years experience with theater industry.
EDUCATION:
1984 M.S. Program in Computer Science, University of Minnesota, 1Wmneapolis,
MN. Completed coursework with the area of concentration in machine design
and graphics.
1973 B.A. in Theater Arts, University of Texas, Austin, TX. Specialization in
Theater Technology and Lighting Design.
EXPERIENCE:
1991- Serf-employed Computer Consultant Worked with companies on a project
basis to supply expertise in several areas acquired from previous appointments.
My projects ranged from ongoing work at MCC to Website design and
implementation for small companies. Projects included identifying and resolving
problems in the workplace. The solutiens were small programs or scripts using
applications such as Word, Access, Excel and PhotoShop, Worked with Unix
and PCs in C, Delphi, Pearl, Flash, HTML, ColdFusion, SQL and FTP.
1989-91 Microelectronies and Computer Teclmology Corp. (MCC), Austin, TX.
Worked on pattern recognition sottware including neural net simulators and
their application in flatscrcen display technology. The focus of my work was to
improve the efficiency of simulators and image processing and to build
demonstration hardware and software using o~r technology. Worked with Lisp
machines, various Unix workstations and PCs in Lisp and C.
1988-89 Lockheed Missiles and Space Co., Austin, Texas. Worked on groupware for
the Software Technology Center. The focus of my work was user interfaces for
tools across a variety of networked machines. Worked with Lisp machines, Mac
and Sun workstations in Lisp, C and Hypercard.
1984-88 Microelectronics and Computer Technology Corp. (MCC), Austin, TX.
Team designed and worked on the platform and interactive editors for a
networked Electrical CAD system. Worked with Lisp machines, Silicon
Graphics and Sun workstations in object-oriented Lisp, C and X windows.
Strengths: Creative, forthright, leader.
198384 Control l)at~ Corp., Minneapolis, MN. Sol, ware applications developer in
Electrical CAD systems. Worked on an interactive placement progrmn for gate-
array layout. Design, usability, documentation, programming and customer
support. On Unix workstations, in FORTRAN. Strengths: Quick, responsible,
thorough, professional.
1969-83 Theatrie~l Experience. Lighting design, technical direction, stage construction,
electrics, sound and special effects for theater, opera, dance, concerts and
television. Representative skills: Artistic, management, carpentry, electrical,
plastics, welding, engineering, draRing, rigging, etc.
Practicing and teaching Tai Chi Chuan, bicycling, hiking, painting and music,
CITY OF
4XSHLAND
Co,uncil Communication
Title: Approval of Amendment No. 1, Agreement No. 19686 - Cooperative
Improvement Agreement Helman - 2nd Street & Valley View to 4th
Dept: Public Works Department
Date: March 4, 2003
Submitllgi By: Paula Brown~
Reviewed By: Paul Nolte
Approvofl By: Gino Grimaldi
Syn sis:
On July 16, 2002, Council approved the original Agreement No. 19686 - Cooperative Improvement
Agreen~nt Helman - 2~a Street & Valley View to 4t~. This agreement was to add curb extension at four
interseOtions in the downtown section and to change the signal and illumination pole designs per the
City's l~que~t. Staff did not catch the original detail on the type of sign material and requested ODOT
modify the material to aluminum sign backing. This is a City standard design, and in return, the City
will nmintain the signs. The attached amendment reflects those changes.
Recommendation:
It is re0Dmmended that Council approve Amendment No. 1, Agreement No. 19686 - Cooperative
Improvement Agreement Helman - 2na Street & Valley View to 4t~.
Fisc Impact:
The C~ reqm~sted ODOT's support in providing pedestrian improvements to the Downtown core. The City
h~l al~y ~mitted to designing the pedestrian improvements and has hired Hammond Engineering to
ae, co~sh this task (contract amount includes additional intersections at a total cost of $21,000). This
agreem~t will also require the City to maintain the signal and illumination poles, which is estimated to be
less tlmm $500 per year.
The additional of the aluminum sign blanks will extend the life of the signs to l0 years versus 2 years. The
City will replace the signs as required. Other than vandalism, the overall maintenance over the life of the
signs is negligible. The street signs typically cost less than $40 each.
Background:
The Ci~ recosnizes the need for better pedestrian improvements and concrete bump outs through the
downto~ cor~. As a first step, the City has requested support from ODOT to incorporate four intersections
into ODOT's project to upgrade traffic signals at Helman at Main, Pioneer at Lithia Way, and 2nd Street at
both Pi{meet and Lithia Way. The City is completing the design and will work with ODOT to gain their
approve. ODOT has also acknowledged the City's desire to maintain historic compatibility with the
downtown eom and will design the signal poles, sign material and luminaries to the City's standards - as
long ~ the City agrees to maintain these "different" (than ODOT standard) fixtures.
CC ApSe O~T Agmt 19686 Amd I 4Mar03.doc
PaSo ! of~l
February 12, 2003
Misc. Contracts and Agreements
No. 19686-01
Cooperative Improvement Agreement
AMENDMENT NO. 1
Helrnan - 2''~ Street & Valley View to 4~h
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as ODOT, and the City of Ashland, hereinafter referred to as
City, entered into an Agreement on Au~gust 30, 2002. Said agreement covers the
Helrnan - 2"a Street and Valley View to 4~' Project.
It has now been determined by ODOT and City that the agreement referenced above,
although remaining in full force and effect, shall be amended by this agreement to add
the installation of signs to the proiect and include responsibility for sign maintenance
Paragraph I of Terms of Agreement, Page 2, which reads:
1. For the purpose of improving pedestrian safety and enhancing local historic
compatibility, ODOT and City plan and propose to replace signals at the
intersections of:
Heiman @ OR 99 (Main Street)
Pioneer Street @ OR 99 (East Main Street)
Pioneer Street @ OR 99 (Uthia Way)
2nd Street @ OR 99 (Main Street) and
2nd Street @ OR 99 (Uthia Way);
City and ODOT will also add curb extensions at the intersections of Pioneer
Street @ OR 99 (Uthia Way) and 2nd Street @ OR 99 (Uthia Way), provide
alternate signal and illumination pole treatments, and provide metal sign posts,
hereinafter referred to as 'Project". The location of the Project is appmxirnately
as shown on the sketch map attached hereto, marked Exhibit A, and by this
reference made a part hereof.
Shall be amended to read:
_
1. For the purpose of improving pedestrian safety and enhancing local historic
compatibility, ODOT and City plan and propose to replace signals at the
intersections of:
Helman @ OR 99 (Main Street)
Pioneer Street @ OR 99 (East Main Street)
Pioneer Street @ OR 99 (Uthia Way)
2nd Street @ OR 99 (Main Street) and
Agreement No. 19686-01
Helman - 2nd St. & Valley View to 4th
2nd Street @ OR 99 (Lithia Way);
City and ODOT will also add curb extensions at the intersections of Pioneer
Street @ OR 99 (Uthia Way) and 2nd Street @ OR 99 (Lithia Way), provide
alternate signal and illumination pole treatments, provide aluminum signs and
metal sign posts, hereinafter referred to as "Project". The location of the Project
is approximately as shown on the sketch-map attached hereto, marked Exhibit
A, and by this reference made a part hereof.
Paragraph 3 of City Obligations, Page 3, which reads:
3. City shall, at City expense, maintain all signal and illumination poles and sign
posts within said project limits.
Sltall be amended to read:
3. City shall, at City expense, maintain ail signal and illumination poles, sign posts
and aluminum signs within said project limits.
Paragraph 3 of ODOT Obligations, Page 4, which reads:
3. As a project expense, ODOT shall replace the signals, provide aitemate signal
pole treatments, provide alternate illumination pole treatments, and provide
metal sign posts listed under TERMS OF AGREEMENT, paragraph 1. ODOT
shall perform the signal equipment testing timing and turn-on.
Shall be amended to mad:
3. As a project expense, ODOT shall replace the signals, provide altemate signal
pole treatments, provide alternate illumination pole treatments, and provide
aluminum signs and metal sign posts listed under TERMS OF AGREEMENT',
paragraph 1. ODOT shall perform the signal equipment testing timing and turn-
on.
IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of
the day and year hereinafter written
The Oregon Transportation Commission on February 13,2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for
day4o-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
Agreement No. 19686-01
· Helman - 2nd St. & Valley View to 4th
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director delegates authority to the
Executive Deputy Director for Highways to approve and execute agreements over
$75,000 when the work is related to a project included in the Statewide Transportation
Improvement Program
CITY OF ASHLAND, by and through its STATE OF OREGON, by and through its
City Council Department of Transportation
By By
Title: Executive Deputy Director for Highways
By Date
Title:
By By
Title: Tech. Services Mgr./Chief Eng.
Date
Date
APPROVED AS TO LEGAL
SUF~Y APPROV/~d_ RECOMMENDED
By f'~ x---,~.-----. By
City Attorney Region 3 Manager
Date
Date
,A.qenc¥ Address: By.
City of Ashland State Traffic Engineer
Attn: Public Works Director
20 E Main Street Date
Ashland, OR 07~20
APPROVED AS TO LEGAL
SUFFICIENCY
By.
Asst. Attomey General
Date
CiTY OF
4kSHLAND
Council Communication
Title: Request for Co-Sponsorship and Banner Approval for Relay for Life
Dept: Administration ~
Date: March 4, 2003
Submitted By: Gino Grimaldi, City Administrator
Synopsis:
The Relay for Life event organizers have requested the City of Ashland co-sponsor the Relay for Life
event which is scheduled for Saturday, May 31, 2003. The event takes place at Raider Stadium and the
organizers would like to llang a banner advertising the event over East Main Street the week of May
26th. Per City regulations, only co-sponsored events with the City are granted permission to hang
banners across East Main Street.
Recommendation:
Because of Ashland Community Hospital's involvement with the event, it is recommended that the City
of Ashland co-sponsor the Relay for Life event to take place on May 31, 2003, and approve a banner to
hang across East Main Street.
Fiscal Impact:
None, unless the council waives the $125 banner installation fee.
Background:
Last year, a~er an appearance by the Relay for Life event organizers before council to request co-
sponsorship, the banner request was granted.
CITY OF
-ASHLAND
Council Communication
TITLE: Designation of Finance Director as Budget Officer
DEPT: Finance Department
DATE: March 4, 2003 ~ ,4q
SUBMITTED BY: Lee Tuneberg, Finance Director [/]/I
APPROVED BY: Gino Grimaldi, City Administrator/~
Synopsis:
Oregon Revised Statutes require that the city officially designate and individual to serve as budget
officer provided the city has not done so by city charter.
Recommendation:
Staff recommends the council move to appoint the Finance Director to serve as budget officer per ORS
294.331.
Fiscal Impact:
None.
Background:
The governing body of each jurisdiction must designate one person to serve as budget officer. The city
charter does not designate the budget officer. Historically, the Finance Director has been viewed as the
budget officer but the council has not always taken formal action to validate this selection. In order to
comply with the state statute, the council must officially designate a budget officer, by motion.
ORS 294.331 Budget Officer: "The governing body of each municipal corporation shall, unless
otherwise provided by county or city charter, designate one person to serve as budget officer. The
budget officer, or the person or department designated by charter and acting as the budget officer, shall
prepare or supervise the preparation of the budget document. The budget officer shall act under the
direction of the executive officer of the municipal corporation, or where no executive officer exists,
under the direction of the governing body."
CITY OF
, SHLAND
Council Communication
Title: Preliminary Engineering for Talent Ashland Phoenix (TAP) Intertie
Pipeline for Future Construction of the line from Talent to Ashland
Dept: Public Works Department
March 4, 2003
Date:
Submitted By: Paula Brown/~
Approved By: Gino Grimaldi·
Synopsis:
Based on the Councii'~ decision in December 1998, staff has moved forward on Ashland's commitment
to participate with the cities of Talent and Phoenix in the design and construction of the TAP Intertie
water pipeline (24-inch line)to the City of Talent. In addition, Council asked staff to review the
following:
· Lost Creek Water Rights: Evaluate the strategy for the purchase of these water rights; timing,
quantity, etc.
· Review the process of changing the City's Talent Irrigation District (TID) water rights from the
City's "Imperatrice Property" for beneficial use within the City;
· Begin discussions with the City of Talent regarding their TID municipal water rights and future
use of those rights; and
· Continue with conservation programs in an effort to meet the goals for 20% peak day summer
time reductions.
Council's Goal Setting held February 8, 2003, renewed interest in developing the preliminary
engineering, securing easements for the pipeline and identifying other needs for this future project. This
item is being brought to Council to provide an update on the TAP process, water rights purchase, and
the future needs for the City of Ashland. This item will also provide options and a recommendation on
the next steps in the process.
Water has been, and will continue to be, a concern for the Rogue Valley. The City of Ashland will have
intermittent drought years followed by periods of sufficient water for the foreseeable planning period.
However, as we look at reasonable projections for growth, water use and successful conservation
programs, staff's concerns for adequate water supply reflect the community's desires. Planning for
adequate water supply lead staff to recommend that we develop a funding mechanism so that
construction of the TAP Pipeline and ancillary improvements and connections to the City's distribution
system can be completed by June 2008.
Recommendation:
Staff' s recommends that Council direct staff to develop and circulate a request for proposals for
preliminary engineering analysis for the continuation of the TAP Pipeline from Talent to Ashland, and
complete the engineering analysis by June 2004.
\\COMPAQI\DATA\GOVXpub-wrks\admin\PB Council\water issues\CC TAP Future 4Mar03.doc
Fiscal Impact:
The preliminary engineering costs are anticipated to be $35,000 - 50,000 and will be added to the FY04
budget. Any recommended right-of-way or additional engineering will be in future year's budget.
As a reminder, the following summarizes the total anticipated costs of the project:
Paid Future Costs
TAP Pipeline Construction Medford to Talent (2002) $1,450,000
Purchase Water Rights (2002) 931,000
Engineering
Preliminary (now) $ 50,000
Final 300,000
Future Connection of TAP from Talent to Ashland (incl engr) $2,000,000
Future SDCs to Medford Water Commission (assumed) 1,500,000
Future Ashland Pump Station 750,000
Future Ashland Distribution System Upgrades 1,000,000
Additional Lost Creek Water (increased costs) 400,000
TOTAL Costs: $8,381,000
Paid to date: 2,381,000
Total Future Costs: $6,000,000
These costs could be funded through a combination of funding sources including
Water Supply SDCs approximately 75% of TAP Pipeline,
100% water rights and 75% SDCs 3,287,500
Water Distribution SDCs approximately 75% PS and Dist upgrades 1,312,500
Water Rates approximately 1,400,000
The Water Enterprise fund has a significant list of necessary upgrades in the next 3-5 years. Staff will
develop a request for proposals for preliminary engineering. The scope of work will include pipeline
alignment, easement requirements, initial placement for the receiving well and any initial engineering
needs for the link to the City's distribution system. Staff will ask for alternative alignments to ensure
nothing is overlooked even though it is likely that the pipeline will continue down Hwy 99. Staff
anticipates the need for up to a 1 million-gallon distribution reservoir and thought is to use that as the
receiving well. Placement of that reservoir is in question and the scope of work will include that review.
The preliminaw engineering study will get underway in June/July 2003 and will be completed within 9
months. Staff will periodically bring updates to council for their input and review of necessary
decisions. Staff continues to recommendation Council look at funding the TAP Pipeline construction in
2008/09.
\\COMPAQlkDATA\GOV~pub-wrksXadminXPB Council\water issues\CC TAP Future 4Mar03.doc
Page2 r~
Background:
The following information has been provide in the past, but has been updated as of February 2003.
Review of the Water Master Plan Assumptions and Recommendations
Carollo Engineers was hired in July 1998 to assist the City in developing a long-term comprehensive water
supply study. While the City has an adequate water supply during non-drought years, the construction of the
TAP Intertie pipeline from Medford to Talent required Ashland's decision to participate in the construction.
The Master Plan looked at the City's supply and demand for water through the year 2050 (Technical
Memorandum it 1 ). The conclusions indicate that the City would not be able to provide adequate supply
during severe drought conditions as Reeder Reservoir is undersized. Aggressive summer conservation could
theoretically achieve a 20% reduction, however, the recommendation is that the City implement a voluntary
curtailment program that targets a 10% reduction during the high use summer months - every year.
Mandatory curtailment would be used to achieve the additional 10% (total 20%) reductions during sever
drought conditions. The estimated supply needs for 2050 required alleviating a 430 million gallon deficit.
The Comprehensive Master Plan evaluated and discussed several different options. The TAP pipeline was
the only "stand-alone" alternative that could supply the City with the necessary 430 million gallon deficit
that is projected (technical memorandum it2). Carollo summarized the findings and recommendations in
Technical Memorandum it3, which is attached to this report. Although this document has a published date of
January 1999, these recommendations were the basis of Council's decision in December 1998 to cooperate in
the construction of the TAP Pipeline and evaluate other water supply needs.
The timing of the construction of the TAP Pipeline to Ashland and overcoming even short-term deficits are
highly dependent upon drought conditions. The reports suggest that with "...aggressive summer
conservation, the City can theoretically reduce the overall [water supply] deficit through the year 2020.
"However, demand reduction conservation would need to be achieved every year during the highest
demand months to adequately protect against unanticipated drought. Demand reduction by summer
conservation alone is therefore not considered a suitable planning strategy for deficit reduction." The
amount of projected deficit is a strong function of projected population growth and other factors including
drought conditions. The year 2016 has been used as a planning target for overcoming the additional growth
related deficit and completion of the TAP Pipeline to Ashland.
Update on the TAP Intertie Project
The TAP Intertie Project includes a 24-inch pipeline from Medford to Talent. The cities of Talent, Ashland
and Phoenix, hired Montgomery Watson (MW - now Montgomery Watson Harza - MWH) Engineering to
complete the final engineering design and also to provide construction management services during the
construction of the TAP Intertie pipeline. The Rogue Valley Council of Governments (RVCOG) assisted in
contract oversight during construction and will continue to act as the coordinator for the three cities during
the operation of the pipeline.
Construction is complete and includes the pipeline along Hwy 99, a Regional Pump Station at Belknap and
Hwy 99, telemetry links with the City of Medford, Talent and Phoenix (and eventually will include Ashland).
Both Talent and Phoenix have has ancillary water system improvements designed and constructed as a part
of their funding through a combination grant and loan program through the Rural Development that are not
specifically part of the TAP Intertie costs.
Construction Costs to Date: The engineer's estimate for the construction work was $10,660,060. James
W. Fowler's bid (September 2000) for the work was $8,968,817 and there have been change orders to
increase that cost to $9,260,255. The City of Ashland participated in only three portions of the project
including the project mobilization, the 24" diameter pipeline from Medford to Talent, and the Regional Pump
Station. The total construction estimate for those portions was $5,410,243 and the flow-based portion for
Ashland is 19.39% or $1,049,046. The City of Ashland participated in 5 of the 13 change orders (the other 8
\\COMPAQ l\DATA\GOV~pub-wrks\admin\PB Council\water issues\CC TAP Future 4Mar03.doc
Page3 y~
were specific to Talent or Phoenix), which increased the total cost to $5,442,636, with Ashland's portion
totaling $1,058,256. James Fowler did an excellent job with keeping the costs within the estimate, and the
total change orders on the primary three-city portion were less than 1%. The Capital Improvements Budget
allowed for $1,245,000 for the TAP construction and engineering / construction management costs.
Non-Construction Costs to Date: Ashland has participated in the MWH design, construction management,
and bidding services at an authorized contract cost of $137,737, RVCOG administrative oversight and
management services are authorized to a total of $30,000 (not fully expended and will actually continue after
the construction phase of the project), and pump station land acquisition costs of $12,000. The total Ashland
participation estimate of these non-construction or land acquisition costs is just under $180,000. The annual
costs for RVCOG are expected to be less than $8,000 for Ashland's portion.
Lost Creek Water Rights
Based upon Carollo Engineer's evaluation for the Comprehensive Water Master Plan, the total annual deficit
during a drought year for the planning horizon of the year 2050, with recommended aggressive conservation
and curtailment in drought year, and with some reallocation of water rights, is 430 million gallons (Technical
Memorandum itl). Carolio recommended obtaining 450 million gallons (or 1380 acre-feet) of water from
Lost Creek Lake at a cost of $674 per acre/foot or a total of $931,000. The City formally initiated the
process and purchased water rights for a total of $931,000 in June 2001. Subsequent to that authorization,
the Corps of Engineers has discovered an error in their interest calculations so that the amount of water the
City purchased is significantly less than anticipated. For the $931,000, the City has purchased approximately
920 acre feet of water. The details of this difference are still being worked out with the Corps. The
difference in needed water rights will be budgeted for FY03 purchase.
TID Water Rights Reallocation - "Imperatrice Proper~y'
During the water master planning efforts, there was a proposal to look at the City's water rights on the newly
purchased lmperatrice Property. Initial intentions were to use treated effluent as the irrigation source on the
City's "Imperatrice" Property and explore the possibility of using a portion of the TID water rights currently
assigned to that property for irrigation. However, as the City has decided not to irrigate the land with treated
effluent, the water rights have remained on the property. The City was able to shift a portion of the water
rights to other City use late in the summer of 2001 to help offset the City's need for additional allocation for
TlD supplemented drinking water. This was a one-time allocation.
At one time, there was discussion by the Council to explore the possibility of providing "leased" water for in-
stream beneficial use to replace a portion of the wastewater treatment plant effluent. The ability to lease the
water for in-stream use to meet a targeted flow is possible, but may not be possible after the end of irrigation
season when the creek flows are the lowest. This issue was discussed with TID and the State Water Master
without much possibility of success and would most likely require the Federal Bureau of Reclamation
(USBOR) approval.
Conservation Programs to meet the Goals for 20% Peak Day Summer Time Reductions
The Comprehensive Water Master Plan adopted by the Council recommended continued efforts to achieving
conservation goals. The water deficit numbers used in planning for the water need in the future depended
upon achieving a 20% reduction in water use in the summer. With th|s past summers drought condltlons,
the City felt the impact of mandated water curtailment and the initial impacts of a significant water
conservation program. There were many complaints and concerns as the City achieved only a 10.5%
reduction during the summer months. A 20% conservation program is extremely aggressive and may not be
attainable several years in a row without additional measures.
Water Supply and Demand
Recder Reservoir is relatively small as the maximum storage behind the dam is 860 acre-feet or 280 million
gallons of raw water with the overflow weirs in place. Reeder Reservoir is fed from snow melt and
\\COMPAQ 1 \DATA\GOV~pub-wrks\admin\PB Council\water issues\CC TAP Future 4Mar03.doc
Page4 ~1~~
watershed rain runoff from Mount Ashland. Typically, the reservoir fills to the top and reaches capacity in
April, stays full and spills over the overflow weirs at the dam through to the end of May, and then the water
level behind the dam slowly starts to fall until the rains begin again usually sometime in October. Theoretical
drawdown of the reservoir begins the first of June and goes to "empty" in March. The reservoir never
reaches "empty" because of rains that usually start in October. The predicted 50% reservoir level is October
15th. Anytime after October 15th without rains and with the reservoir at or below 50% would cause concem
for water supply.
Water use in the summer months is highly dependant upon weather conditions; the warmer the weather, the
higher the use. When the late spring / early summer temperatures are in the 70s, the averaging use is 4-4.5
million gallons a day (mgd). With temperatures in the 80s, water use reaches 5-5.5 mgd, and with
temperatures in the 90s, average water use is 6-6.5 mgd. Peak temperatures result in peak water use of about
7.5 mgd. We have had days in prior years with use as high as 8 mgd. The 2001 drought year showed that
our community was willing to monitor their use. During the voluntary conservation periods, the average use
in August dropped to 5.3 mgd. During September, the month of mandatory curtailment, the average use
dropped to 4.1 mgd. As soon as temperatures cooled off in mid October, the average use dropped to 2.0-2.4
and stayed in that range.
TID Supplement: The City has an alternate water source to draw upon through an agreement for 769 acre-
feet of perpetual domestic water rights from the Talent Irrigation District (TID). During drought years or
less than average water years, the City will use TID to augment water storage in Reeder Reservoir.
Discussions with the City of Talent rel!ardin~ their TID Municipal Water Ri~,hts
Thc City of Talent relinquished their 300 acre-feet of stored water rights within the TID system and
suggested that Ashland pursue those rights. Staff has made contact with personnel at the Bureau of
Reclamation for an option on those rights and will also discuss this option with Oregon's Water Rights
personnel. As thc City has lost the rights to prior 1966 TID water, this might be an option to regain a good
portion of those M&I rights.
Rene~,otiating the 1966 TID Water Use Agreement
Staff has had no success, but continues discussions with TID, the Bureau of Reclamation (BOR) and the
State Water Master on the re-negotiation and renewal of our 1966 Agreement for 795 acre-feet of stored
water. There are questions regarding the type of water (whether it is specified irrigation or M&I), the stored
rights (from which initial allocation), and the ability to use the water outside of the regular irrigation season
that complicate the renewal of the agreement. Ashland is asking for a determination on the type of water
rights and prefers they be specified as domestic or M&I so that there is no question regarding use of the
water. There are several initial permits that TID has for the Howard Prairie/Hyatt Lake water that need to be
reviewed. BOR has indicated a need for City funding to review and make decisions on all of these permits.
Initial agreements for acquiring the right to stored water between TID and the City were made in 1923, prior
to the formation of the BOR.
With the Klamath Tribes now formally challenging the water diversions, it seems even more unlikely that the
City will be successful in re-negotiating these 1966 agreements and rights. It may be more prudent to drop
these discussions if the 300 acre-feet of Talent water rights can be secured and ask that the Bureau look at
stream flow augmentation.
X\COMPAQ l\DATA\GOV~pub-wrks\admin\PB Council\water issues\CC TAP Future 4Mar03.doc
CITY OF
-ASHLAND
Council Memo
Subject: Approval of Recommended Changes to Bylaws for the Rogue Valley
Metropolitan Planning Organization (RVMPO) Boundary Expansion
Oept: Public Works Department
Date: March 4, 2003
Submitted By: Paula Brown~
Approved By: ~ino ~3rimaltii 2~
Synopsis:
At the NOvember 6, 2002 study session, Council received a presentation on the Rogue Valley Metropolitan
Planning Organization (RVMPO) from the Rogue Valley Council of Governments as the designated
support arm for the RVMPO. Since then, there have been several RVMPO meetings and a combined
MPO "Summit" to discuss and resolve issues involving current and potential new members of this
required merger. The primary concerns §temmed around voting fights, voting structure and funding
decisions, and the MPO Summit produced recommended changes to the current bylaws. Once approved
by the existing and new MPO jurisdictions, the MPO Policy Committee intends to discuss and hopefully
approve these changes to the bylaws at their March 25, 2003 meeting.
Recommendation:
It is recommended that Council review and approve the attached recommended changes to the bylaws that
would:
· Amend the bylaws to incorporate new members as voting members of the MPO; and
· Amend the bylaws to change the current voting system to require a "super majority" vote (two thirds
plus one) if consensus cannot be reached on an MPO decision item/issue.
Fiscal Impact:
There are two levels of fiscal impact. The first is the "Discretionary" STP (Surface Transportation Program)
Funds. The State splits its federally allocated STP funds with all MPOs and cities with populations over
5,000. For the past several years, Ashland has been eligible for over $100,000 a year in STP funds.
Typically Council would authorize a fund exchange for these funds so that the dollars could go to a variety
of City street projects.
In the past these funds came directly to the City of Ashland to fund eligible projects (such as Sherman and
Union Streets, and recently the Water Street Bridge). Now, as a part of a larger MPO, Ashland would
compete internally for these funds. The MPO's current STP Funding Policy states that "...the STP dollars
will be rotated through the MPOjurisdictions as appropriate..."
CC MPO Bylaws 4Mar03.doc
This policy statement does not seem to be well defined and perhaps there should be specific criteria
developed for worthy projects. Perhaps the State or FHWA has guidelines for the distribution of these funds
and a standard set of criteria for project funding. Rotating project dollars does not provide a strong sense of
project merit. Staff understands that the MPO has already allocated the next 6-10 years worth of STP
dollars. If this were the case, then it would seem appropriate to allocate individual amounts to new cities
joining the MPO for the same amount of time. In any event, STP allocations and funding levels for the new
members' needs to be reviewed for better understanding and clarification.
In addition, the MPO allocates 50% of its discretionary STP funds to the Rogue Valley Transit District. The
total amount of discretionary funds has been $615,000 a year with half going to RVTD. Ashland pays
RVTD $200,000 a year plus an additional $35,000-40,000 for the free ridership program. This will need to
be discussed further as Ashland becomes a part of the MPO.
In addition to the STP funds, the City of Ashland will be required to pay MPO membership dues to RVCOG.
Currently the RVCOG charges membership dues dependent upon population. The 2001-02 dues were a total
of $19,261 with Medford paying $8,465 and Jackson County paying $3,265. The remaining dues were split
between RVTD, Central Point and Phoenix. It is anticipated that the City of Ashland would pay a similar
amount as the County for the annual MPO membership service dues to the RVCOG. RVCOG is responsible
to provide transportation planning, transportation project planning and implementation, transportation
modeling with ODOT, public involvement and air quality conformity determination.
Background:
The 2000 census codified and subsequently redefined urban areas. As such, the existing "Medford"
urbanized area grew and now extends to Ashland and Jacksonville. Our expanded urbanized area has grown
to be 128,780 in population (2000 census figures). Based upon federal regulations, the new designation
requires that the current Rogue Valley Metropolitan Planning Organization (RVMPO) expand it's boundaries
to cover the entire area that is anticipated to become urbanized within the next 20 years. This allows
transportation planning to be accomplished in total, and includes the air quality determinations for our area.
It is the MPO's policy to develop continuing, cooperative and comprehensive transportation planning
processes that consider all transportation modes that support the regional system. Formal designation of the
revised boundaries and new MPO boundaries is recommended by the MPO Policy Committee, approved by
the Governor then accepted by the Federal Highway Association (FHWA) and the Federal Transit Authority
(FTA). By law we are required to have the boundary expanded by April 25, 2005. However funding
decisions require us to participate sooner.
The expansion of the MPO boundaries has been anticipated for the past several years. Even so, there are still
many unknowns as the organization changes. The primary concerns stem from dollars and equality, which
are very "normal" under the circumstances. Each agency will need to process the changes and feel
comfortable that their individual needs are taken into account as these policies are rewritten.
A map of the proposed boundary expansion and the recommended changes to the bylaws are attached.
CC MPO Bylaws 4Mar03.doc
Attachment 3
Rogue Valley Metropolitan Planning Organization
Rogue Valley Council of Governments
155 N. First Street (541) 664-6674
P.O. Box 3275 (541) 664-7927 (fax)
Central Point, OR 97502 www. rvcog.or§
Rogue Valley Metropolitan Planning Organization
MPO Boundary Expansion Summit
February 6, 2003
Summit Outcomes
Recommended Changes to Bylaws
Existing and incoming members of the Rogue Valley Metropolitan Planning Organization met
on Tuesday, January 21, 2003 at the Bear Creek Corporate Conference Center in Medford to
discuss and resolve issues pertaining to the federally-mandated MPO boundary expansion. Chief
among the issues discussed at the Summit were voting rights, voting structure and disposition of
Surface Transportation Funding.
After several hours of facilitated discussion, consensus was reached on several key issues. The
group supported making simultaneous changes to the MPO Bylaws that would:
· Amend the bylaws to incorporate new members (as voting members of the MPO).
· Amend the bylaws to change the current voting system to require a Super Majority vote
(two thirds plus one) if consensus (unanimity) cannot be reached on an MPO decision
item/issue.
Following that vote, the newly expanded MPO will vote on a change to the by-laws permitting
future expansion of the MPO without a by-law change.
MPO member jurisdiction representatives, who participated in the Summit, will communicate
the recommended changes to the MPO bylaws described above to their respective decision-
making bodies for ratification in February. The Policy Committee will discuss these proposed
bylaw changes and the MPO member jurisdictions' ratifications at their March 25th meeting.
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I
CiTY OF
SHLAND
Council Communication
Title: Approval of Jurisdictional Transfer Agreement No. 699, Amendment No. 1,
Rogue Valley Highway No. 63 (Route 99) 4t~ Street - Walker Avenue between
the City of Ashland and the Oregon Department of Transportation
Dept: Public Works Department
Date: March 4, 2003
Submitted By: Paula Brown/~g~
Reviewed By: Paul Nolte
Approved By: Gino Grimaldi
Synopsis:
The attached amendment provides an additional $274,000 for the Siskiyou Boulevard 4th - Walker Project.
The Oregon Department of Transportation (ODOT) initially funded $2,198,223 for this project through a
combination of State funds, State Transportation Improvement Program (STIP) Modernization dollars and
jurisdictional transfer maintenance funds (also State funds). The City authorized acceptance of the initial
jurisdictional agreement and modernization funds for the Siskiyou project on April 18, 2000. At that time,
Council urged staffto pursue additional funding for drainage improvements.
This additional $274,000 brings the total payment from ODOT to the City to $2,472,223 for the 4th to Walker
portion of the Siskiyou project. These additional funds are being reassigned from the Tolman / Siskiyou
Intersection improvement project that had been approved as part of the Federal Fiscal Year 2006 STIP. The
City will be responsible for the pedestrian alignment, concrete curb bumpouts and safety improvements.
Recommendation:
It is recommended that Council approve Jurisdictional Transfer Agreement No. 699, Amendment No. 1,
Rogue Valley Highway No. 63 (Route 99) 4th Street- Walker Avenue between the City of Ashland and the
Oregon Department of Transportation.
Fiscal Impact'
The additional $274,000 reduces the immediate financial burden of the Siskiyou project. Although the City
will ultimately have to pay for the Tolman/Siskiyou Intersection, the funds that were programmed for FY06
are realized now, not in 3 years (even with a straight percentage at 3%, we are realizing an increase in current
dollars of $25,000). Staff is incorporating the north half of the Tolman/Siskiyou intersection improvements
into the current Tolman Creek Road project between Siskiyou and E. Main, and will complete the south side
with the future improvements to Tolman between $iskiyou and Greenmeadows.
The Siskiyou Boulevard project is being funded from a variety of sources. The total 4th to Walker project is
$3,277,663 in construction and an additional $399,391 in engineering design and a construction engineering
services, for a total cost of $3,677,054. The ODOT STIP portion is only $1,500,000 and the remaining
$972,223 (including the additional $274,000) is general "State funds".
CC Approve ODOT Amendment Sisk JurEx 04Mar03.doc
In total, excluding the use of the jurisdictional exchange maintenance funds ($413,223), the State is now
obligated to pay $2,059,000 or 62.8% of the construction costs. The remaining $1,623,054 will be funded
with City funds from transportation / storm drain fees and street / storm drain systems development charges
(SDCs) totaling $1,029,131, $180,000 from the electric department, and "borrowing ahead" on the ODOT
jurisdictional transfer maintenance funds of $413,223. The City's costs pays for all of the engineering and
37.2% of the construction. The additional $274,000 in essence reduces the City's burden by 16.9%.
Staff will continue to look to ODOT to fund an additional $50,000 in operations funding for the signal
improvements. At this point it is doubtful if this will come through as we have stretched ODOT's funding
tightly on the four Ashland projects. We had hoped to gain $70,000 from the fire station for a portion of
their signal replacement that was incorporated into this project, but those funds may not be available.
Background:
Council has heard many reports on both the jurisdictional exchange debate, and on funding for the Siskiyou
project. Prior discussions will not be repeated, but a table summarizing the funding and initial project
funding is printed below:
Siskiyou 4th to Walker (B) Funding Summary
current original
contracts engineer' s
estimate
original LTM bid Was
LTM CONTRACT AMOUNTS $3,277,663 $2,146,000 $3,596,000
engineering design / construction inspection $399,391 $515,000 initially design was not fully
split across all projects
TOTAL projected project scope $3,677,054 $2,661,000
available ODOT/RVTD funding $2,054,000 $1,780,000
additional ODOT funding requested not anticipated will ask for $50,000 - operations
funds / signal optimization
availablejurex maintenance funds $413,223 $35,000 initially expected minimal
"borrow-ahead" on maint funds
could be reduced by $70,000 if
available City Street/SD funds $399,689 $646,000 the Fire Department will pay
their portion of the signal
available City Trans and SD SDC funds $630,142
available City Electric funds $180,000 $200,000
_ TOTAL POTENTIAL FUNDS $3~677~054 I $2~661~000
Construction Progress Report:
Even with the rain, LTM is ahead of schedule. Third Street is now open to two-way traffic. Work on
Gresham will start most likely in April. The concrete along the median islands is just about complete. As
the curb work is being finished from Mountain to 4t~, the landscaper is working from Mountain to Beach and
LTM is beginning work on the sidewalks along the north side of the road starting down at the University.
This will take considerable coordination with property owners and Karl Johnson has been doing an
outstanding job. His efforts have truly made this not only a coordinated City project, utilizing the expertise
of all City operational departments, but also a community project. Construction is difficult and our
community has done an outstanding job of coping through the winter months. The contractor has until
December 2003 to actually complete all work items, but hopes to be ahead of those requirements.
Completion is still optimistically scheduled for late August.
CC Approve ODOT Amendment Sisk JurEx 04Mar03.doc
January 27, 2003 Misc. Contracts and Agreements
Jurisdictional Transfer No. 699-01
AMENDMENT NO. 1
Rogue Valley Highway No. 63 (Route 99) 4th Street - Walker Avenue
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as State and the City of Ashland, hereinafter referred to as City,
entered into an Agreement on January 26, 2001. Said agreement covers jurisdictional
transfer of Rogue Valley Highway No. 63 (OR 99) between 4th Street to Walker
Avenue.
It has now been determined by State and City that the agreement referenced above,
although remaining in full force and effect, shall be amended by this agreement to
increase costs.
Paragraph 4 of TERMS OF AGREEMENT, Page 2, which reads:
4. Upon jurisdictional transfer of fight-of-way, State shall make a total payment to City
of $2,198,223 in State funds, as further described under 'STATE OBLIGATIONS',
page 4, paragraph 4.
Shall be amended to read:
4. Upon jurisdictional transfer of right-of-way, State shall make a total payment to City
of $2,472,223 in State funds, as further described under 'STATE OBLIGATIONS',
page 4, paragraph 4.
Paragraph 3 of STATE'S OBLIGATIONS, Page 3, which reads:
3. State will pay $698,223 in State funds to the City as outlined and scheduled in
paragraph 4 below.
Shall be amended to read:
3. State will pay $972,223 in State funds to the City as outlined and scheduled in
paragraph 4 below.
Jurisdictional Transfer No. 699
Rogue Valley Highway No. 63 (Route 99)
City of Ashland
Paragraph 4 of STATE'S OBLIGATIONS, Page 3, which reads:
4. Payment Schedule/Funds
November 30, 2000 $ 100,000 (State funds)
July 31, 2001 $ 78,223 (State funds)
October 1, 2001 $1,500,000 (STIP, Per City's monthly billings)
October 1, 2003 $ .520,000 (State funds)
Total: $2,198,223
Shall be amended to read:
4. Payment Schedule/Funds
> November 30, 2000 $ 100,000 (State funds)
> July 31, 2001 $ 78,223 (State funds)
> October 1, 2001 $1,500,000 (STIP, Per City's monthly billings)
> January 31, 2003 $ 274,000 (State funds)
> October 1, 2003 $ 520,000 (State funds)
Total: $2,472,223
Paragraph 3 of CITY'S OBLIGATIONS, which reads:
3. Upon transfer of rig~-of-way, City agrees to r .e~o, nstruct the roadway and add
bicycle lanes on the 4= Street-Walker Avenue Section of the Rogue Valley Highway
as part of this jurisdictional exchange. City also agrees to bring existing sidewalks
into compliance with the Americans with Disabilities Act (ADA). This project is
scheduled for construction in 2002 and shall be completed by the end of calendar
year 2003. If City should not reconstruct this project as outlined in this agreement,
City shall reimburse State the $2,198,223 and return ownership of the right-of-way
as described in Unit 1 to the State.
Shall be amended to read:
3. Upon transfer of right-of-way, City agrees to reconstruct the roadway and add
bicycle lanes on the 4~ Street-Walker Avenue Section of the Rogue Valley Highway
as part of this jurisdictional exchange. City also agrees to bring existing sidewalks
into compliance with the Americans with Disabilities Act (ADA). This project is
scheduled for construction in 2002 and shall be completed by the end of calendar
year 2003. If City should not reconstruct this project as outlined in this agreement,
City shall reimburse State the $2,472,223 and retum ownership of the right-of-way
as described in Unit 1 to the State.
2
Jurisdictional Transfer No. 699
Rogue Valley Highway No. 63 (Route 99)
City of Ashland
Insert new Paragraph 6 of CITY OBLIGATIONS, Page 5, to read as follows:
6. City shall, at City expense, construct improvements at the intersection of Tolrnan
Creek Road & Rogue Valley Highway No. 63 (OR 99). Said intersection
improvements will improve safety, traffic flow, and pedestrian access. City and
ODOT agree that a mutua! review of the preliminary plans and construction plans
will be conducted prior to advertisement for construction bid proposals.
IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of
the day and year hereinafter written.
The Oregon Transportation Commission on January 16, 2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program.
The Oregon Transportation Commission approved this agreement on October 11, 2000,
and authorized the Executive Deputy Director to execute the agreement. Said authority
is recorded in the Commission minutes.
SIGNATURE PAGE TO FOLLOW
Jurisdictional Transfer No. 699
Rogue Valley Highway No. 63 (Route 99)
City of Ashland
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director delegates' authority to the
Executive Deputy Director for Highways to approve and execute agreements over
$75,000 when the work is related to a project included in the Statewide Transportation
Improvement Program.
CITY OF ASHLAND, by and through its STATE OF OREGON, by and through its
City Officials Department of Transportation
By. By.
City Mayor/Manager Executive Deputy Director
Date. Date
By. APPROVAL RECOMMENDED
City Recorder
By.
Date Technical Services Manager/Chief
Engineer
APPROVED AS TO LEGAL
SUFFIX, E~ _ Date.
By
City Attorney By
Date ~[~,fO~' Right-of-Way Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY By
Region 3 Manager
By
Assistant Attomey General Date
Date
AGENCY ADDRESS
City of Ashland
Attn: City Recorder
20 East Main Street
Ashland OR 97520
CITY OF
.SHLAND
Council Memo
Subject: Update Siskiyou Projects and Costs
Date: March 4, 2003
Submitted By: Paula Brown, Public Works Department~
Synopsis:
One of the more complicated construction funding projects is the "Siskiyou Boulevard Project". Four
different projects with four unique funding sources are identified as follows:
· Ashland Street from Siskiyou to the Railroad Bridge - Project funded in large part by ODOT
Access Management Grants and the remaining with City funds
· Siskiyou Boulevard from 4th to Walker Street - Project funded predominately through ODOT
State Transportation Improvement Program with Modernization Funds and the remaining with
City street fees/rates and some Electric Department funds (in progress)
· The Siskiyou Boulevard ~ Lithia Way & E. Main Street Intersection - Project funded mostly
with 2001 Oregon Transportation Initiative Act funds and the remaining with City street fees and
rates (in progress)
· Bus Shelters - Project funded in total by Federal Transportation Act funds through the Rogue
Valley Transportation District
LTM was selected as the contractor and progress is going very well. The contractor has worked with the City
to identify changes to the design without compromising quality. Karl Johnson, Assistant Engineer has been
the City's construction engineer on site and has ensured close coordination with all of the business/property
owners, City departments and the contractor.
Recommendation:
This is an informational item only.
Fiscal Impact:
Funding for the Siskiyou Projects has been difficult, but meeting with successes. There are several funding
sources and ODOT funds have been stretched to their limit. A consolidated summary is shown below:
SUMMARY LTM engineering TOTAL available additional available available available available total
Contract design and projected ODOT/ ODOT jurex City Street City Trans City potential
Amounts construction project RVTD funding funds / SD funds and SD Electric funds
inspection scope funding requested SDC funds funds
Intersection not $908,210
(A) $802,595 $105,615 $908,210 $500,000 $100;000 receivedn°ne $66,488 $241,722 requested
Siskiyou 4th not
to Walker (B) $3,277,663 $399,391 $3,677,054 $2,054,000defined $413,233 $399,689 $630,142 $180,000 $3,677,054
Ashland
Street (C) $660,267 $85,591 $745,858 $550,000 received $112,416 $44,442 $39,000 $0 $745,858
Bus Shelters
(D) $174,600 $10,000 $184,600 $184,600 $0 $0 $0 $0 $0 $184,600
$4,915,125 $600,597 $5,515,722 $3,288,600 $100,000 $529,416 $510,619 $910,864 $180,000 $5,515,722
Council Memo Siskiyou Progress 4Mar03.doc
F.'I
CITY OF
SHLAND
Council Communication
TITLE: Second Reading of an Ordinance Modifying Chapter 18.40 of the Ashland Municipal
Code, Land Use Ordinance, Allowing Theaters and Similar Entertainment Uses as a
Conditional Use in the E-1 Zone
DEPT: Department of Community Development
Planning Division
DATE: March 4, 2003 mm
SUBMITTED BY: John McLaughlin, Director of Co DevelopmenL~,...~
APPROVED BY: Gino Grimaldi, City Administrator
Synopsis: Currently, theaters are not an allowed use in the E-1 zone. A modification to uses in the
E-1 zoning district in 1998 inadvertently excluded theaters as a use. This modification
would allow theaters as a conditional use. This action was initiated by the Planning
Commission by majority vote on November 25, 2002. The Planning Commission held a
public heating on this ordinance amendment on January 14, 2003 at which time they
unanimously recommended adoption by the City Council. The City Council held a
public hearing on February 18, 2003 at which time they approved first reading of the
ordinance.
Recommendation: Staff recommends adoption of the ordinance.
Fiscal Impact: None.
Background: The ordinance is attached.
ORDINANCE NO.
AN ORDINANCE MODIFYING CHAPTER '18.40 OF THE ASHLAND
MUNICIPAL CODE, LAND USE ORDINANCE, ALLOWING
THEATERS AND SIMILAR ENTERTAINMENT USES AS A
CONDITIONAL USE IN THE E-'I ZONE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.40.030.N. Conditional Uses is added to the Ashland Municipal
Code and shall read:
"N. Theaters (excluding drive-in) and similar entertainment uses."
The foregoing ordinance was first read on the __ day of ,
2003,
and duly PASSED and ADOPTED this __ day of ., 2003.
Barbara M. Chdstensen, City Recorder
SIGNED and APPROVED this __ day of ,2003.
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
CITY OF
-ASHLAND
Council Communication
Title: A Resolution Dedicating Property for Open Space Park Purposes Pursuant to Article
Xixa, Section 2, of the City Charter (Keener Property at Nevada Street and Ashland
Creek)
Dept: Legal Department
Date: March 4, 2003/~
Submitted By: Paul Nolte ~'
Approved By: Gino Grimaldi
Synopsis:
This resolution dedicates property purchased by the city in late August for open space purposes. The
property was purchased in December 2002 from the Keener family with open space funds.
Recommendations:
Move to adopt the resolution.
Fiscal Impact:
None. The property was purchased in December 2002 for $162,500 with open space funds as authorized
by the council. The purchase included a separate buildable residential lot which has been placed on the
market for sale. Proceeds from the sale of the lot will be used to reimburse the open space fund.
Background:
The council approved purchase of this property for open space purposes at its August 6, 2002, meeting.
The Parks and Recreation Commission previously recommended the purchase at its July 22, 2002,
meeting. The property transaction closed in December 2002 and the deed has been recorded. Article
XIXA, Section 2, of the city charter requires that land acquired for open space purposes shall be
dedicated by the council for such purposes.
1 - G:~iegal~PAUL~PARKS\Dedicate Keener property cc.wpd
RESOLUTION NO. 2003-
A RESOLUTION DEDICATING PROPERTY FOR OPEN SPACE PARK
PURPOSES PURSUANT TO ARTICLE XIXA, SECTION 2, OF THE CITY
CHARTER (KEENER PROPERTY AT NEVADA STREET AND
ASHLAND CREEK)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The below described property is dedicated for open space park purposes
pursuant to Article XIXA, Section 2, of the Ashland City Charter:
Parcel No. 3 of that Land Partition filed for record on the 5th day of
December, 2002, and recorded as Partition Plat No. P-70-2002 in Index Volume
13, Page 70 of the Records of Partition Plats in Jackson County, Oregon.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
{}2.04.090 duly PASSED and ADOPTED this __ day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this~ day of ,2003.
Alan W. DeBoer, Mayor
Re 'ewed as to form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION DESIGNATING PROPERTY FOR PARK PURPOSES
(G:~legal~PAUL\PARKS~3~dicate Keener property res.wpd)
MEMORANDUM
TO : Honorable Mayor and City Councilors
FROM : Ashland Parks and Recreation Commission
DATE : February 27, 2003
SUBJECT : Dedication of Keener Property as Park Land
The Ashland Parks and Recreation Commission is recommending to the Council that the
property known as the Keener property on Nevada Street be dedicated as park land. It was
specifically partitioned for this purpose.
Thank you.
·
CiTY OF
SHLAND
Council Communication
TITLE: Resolution Changing the Composition of the Municipal Audit Committee by
Making the City Recorder a Voting Member, Allowing the Mayor as an
Alternative for a Council Member and Repealing Resolution No. 98-06.
DEPT: Finance Department
DATE: March 4, 2003 ~
SUBMITTED BY: Lee Tuneberg, Finance Director {~/
APPROVED BY: Gino Grimaldi, City Administrator
Synopsis:
In reviewing the role and responsibility of the Audit Committee, members have felt a change is
appropriate to provide efficient operations of the Committee consistent with current practices. This
resolution will increase voting membership from four to five, eliminate any ex-officio position and
formally allow the Mayor to act as the City Council representative on the Committee.
Recommendation:
Staff recommends the Council approve the recommendations from the Audit Committee.
Fiscal Impact:
None.
Background:
Membership and voting authority for the Audit Committee has changed several times since inception.
Over time, changes in the committee have been done consistently with changes in the departments and
needs for committee performance.
A quorum has been held at three voting members but only four of the five Committee members could
vote. The City Recorder was held as an ex-officio member. Additionally, the resolution in force
identified a Council member as a Committee member but did not specify whether the Mayor could be
that person.
The proposed changes adhere with current needs for a well functioning committee and the Committee
voted unanimously in favor of the recommendation.
RESOLUTION NO.
A RESOLUTION CHANGING THE COMPOSITION OF THE MUNICIPAL AUDIT COMMITTEE BY MAKING
THE CITY RECORDER A VOTING MEMBER, ALLOWING THE MAYOR AS AN ALTERNATIVE FOR A
COUNCIL MEMBER AND REPEALING RESOLUTION NO. 98-06.
RECITALS:
A. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to
Resolution 91-16. The committee was re-established in 1995 with modified objectives and responsibilities as set forth
in Resolution 95-24 and 98-06.
B. The city council desires to modify the composition of the committee by making the city recorder a voting
member and allowing the mayor to serve as a voting member.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Committee Established. The Municipal Audit Committee is established and shall consist of five voting
members. The committee may request the presence of any city official at its meetings.
SECTION 2. Terms, Qualifications, Vacancies.
A. Four voting members shall be appointed by the city council and shall consist of one council member or mayor,
one budget committee member, and two citizens at large. The fifth voting member shall be the City Recorder.
The terms of the council member or mayor and budget committee member shall be for one-year each expiring
on April 30 of each year; and the terms for the citizens at large shall be for three-year terms, expiring on April
30, or until their respective successors are appointed and qualified; provided that in the first instance the terms
of the initial citizen- at-large members shall be staggered for two and three years.
B. In making the appointments, the council shall give preference to persons with accounting or auditing
experience, background or expertise.
C. Any committee member, other than the city recorder, who is absent, without prior permission from the
committee chair, from two or more meetings in a one-year period shall be considered no longer active and the position
vacant, and a new person shall be appointed to complete the term.
SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The committee shall establish rules
for its meetings and shall meet at least semi- annually and at such other times as may be necessary.
SECTION 4. Responsibilities. The committee shall be responsible to:
A. Recommend to the council an independent fn'm of certified public accountants to perform the annual audit of
the city.
B. Analyze and report to the council significant findings in the annual audit report and make recommendations
regarding such findings.
C. Make recommendations, if any, to the council regarding the following financial documents:
1. Annual financial statements,
2. Management letter submitted by the independent auditor, and
3. Response to management letter submitted by city staff.
SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to the council. Reports or
recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city
council.
SECTION 6. Repeal. Resolution No. 98-06 is repealed.
This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 duly PASSED and
ADOPTED this day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ,2003.
Alan DeBoer, Mayor
Paul Nolte, City Attorney
CiTY OF
-ASHLAND
Council Communication
Title: A Resolution Calling a Special Election on May 20, 2003, in the City of Ashland for the
Purposes of Submitting to the Voters of the City a Measure for a Five-year Tax-rate Levy
to Provide Funds for the Operation of Youth Activity Programs.
Dept: Legal Department
Date: March 4, 2003
Submitted By: Paul Nolte
Approved By: Gino Grimaldi
Synopsis:
This measure, if passed, would allow the Ashland Parks and Recreation Commission to continue to
contract with the Ashland School District to provide numerous youth activities conducted at the
elementary, middle and high school levels. The specific activities are more particularly described in the
ballot summary and the explanatory statement which are attached. The levy also includes a small portion
for community activities conducted by the Ashland Park and Recreation Commission.
Recommendations:
Approve thc resolution submitting thc youth activities levy to the voters and approve thc attached
explanatory statement for placement in the voters' pamphlet.
Fiscal Impact:
The resolution approves the submission of this measure to the voters. If the measure is adopted by the
voters, it would increase property taxes by a rate of $1.38 per thousand for five years. This is the same rate
that was applied for the past three years for a similar measure adopted in May 2000.
The cost to the city for the special election is estimated to be between $3,500 and $3,800. Since this cost
has not been budgeted, a transfer from the contingency fund may be necessary.
Background:
This resolution approves submitting to the voters a fourth measure for funding youth activity programs.
The first measure was approved in 1994 for three years followed by the second measure which was
approved for three years in 1997 followed by a third measure for three years in 2000. In terms of activities
to be funded, this measure does not differ significantly from the previous three measures. This measure
differs from the previous measures in the respect that it is for five years instead of three years.
1 - G:qegal\PAUL\School levy~school 2003 ballot title cx:.WlXt
RESOLUTION NO. 2003-
A RESOLUTION CALLING A SPECIAL ELECTION ON MAY 20, 2003, IN THE
CITY OF ASHLAND FOR THE PURPOSES OF SUBMITTING TO THE VOTERS
OF THE CITY A MEASURE FOR A FIVE-YEAR TAX-RATE LEVY TO PROVIDE
FUNDS FOR THE OPERATION OF YOUTH ACTIVITY PROGRAMS.
THE CITY OF ASHLAND RESOLVES:
SECTION 1. A special election is called to be held in the City of Ashland, Oregon, on
May 20, 2003, at which election there is to be referred to the voters for their adoption or
rejection the following proposed measure:
CAPTION: ASHLAND YOUTH ACTIVITIES FIVE-YEAR OPERATING LOCAL OPTION
TAX
QUESTION: Shall City impose $1.38 per $1,000 of assessed value for youth activities
beginning 2003-2004? This tax rate would be imposed for five years. This
measure may cause property taxes to increase more than three percent.
SUMMARY: This measure may be passed only at an election with at least a 50 percent
voter turnout. The additional tax revenue will be used to provide funds to
continue several programs for Ashland School District students, grades
kindergarten through twelfth, which may be eliminated or reduced because of
insufficient funding by the state legislature. Various programs will be funded
at the elementary, middle and high school levels such as athletics, brain bowl,
debate, drama club, fresh start program, student yearbook, musical
performances including band, choir, orchestra and children's strings,
vocational club program, middle school second language program and
elementary music, physical education and child development specialist
programs. The levy also includes a small portion for community activities
conducted by the Ashland Park and Recreation Commission. Student
programs will be conducted by the Ashland School District by agreement with
the Park and Recreation Commission. It is estimated that the proposed rate
will raise $2,022,000 in 2003-2004, $2,082,000 in 2004-2005, $2,145,000 in
2005-2006, $2,209,000 in 2006-2007 and $2,275,000 in 2007-2008.
SECTION 2. The city recorder is requested and directed to give due notice of such special
election as provided by law.
SECTION 3. A seven-person committee appointed by the mayor shall advise the Ashland
School Board on the allocation of funds by the school district. This committee shall be
composed of three citizens, a member of the parks commission, a member of the school
board, the athletic director, and one non-high school principal or administrator. The
committee will serve for the duration of the levy.
PAGE 1 -RESOLUTION (G:/Jegal~PAUL~School levy~schoo12003 ballot title.wpd)
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this __ day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ,2003.
I~~a~ Alan W. DeBoer, Mayor
Paul N'blte, City Attorney
PAGE 2-RESOLUTION (G:~Jegal~PAUL~School levy~schoo12003 baltot title.wpd)
Under ORS 251.345, the city council is to submit "an impartial, simple and
understandable statement explaining the measure and its effect" for the voters'
pamphlet.
EXPLANATORY STATEMENT
This measure would raise money from property taxes for the Ashland Park and
Recreation Commission to conduct activities for young people in and around Ashland.
The bulk of the money would be paid to the Ashland School District to conduct activities
traditionally carried on by the school district for students. These funds would be paid to
the district under a contract with the park commission to provide for programs and
activities connected with the elementary, middle and high schools. The programs
include athletics; elementary music and physical education; various clubs such as
drama, vocational, second language, marketing and business; musical performances
such as band, choir, orchestra and children's strings and other activities such as the
brain bowl, debate and student yearbook. The levy also includes a portion for
community activities for adults and non-school age children. Community activities would
be conducted by the Ashland Park and Recreation Commission. Most of the money
raised by this measure is intended to continue programs of the school district which
would have been eliminated or reduced because of less state funding for schools and
Ballot Measure Five adopted in 1990. Measure Five amended the state constitution to
limit the amount of property taxes that can be spent for education. Because of the ballot
measure limitations, none of the money raised by this measure would be for
educational services or for courses of study required by law or by the rules of the State
Board of Education. The programs and activities conducted by the school district would
primarily be conducted outside of regular school hours and many of them would be
conducted off school grounds.
(G:\legal\PAUL\School levy~school 2003 explanatory statement.wix:l)
CITY OF
SHLAND
Council Communication
Title: A Resolution Authorizing the City to Participate in PERS Appeal
Dept: Legal Department
Date: March 4, 2003 .
Submitted By: Lee Tuneberg/;J('~/~/dul
Nolte
Approved By: Gino Grimaldi
Synopsis:
This resolution authorizes an appeal of the PERS Board (PERB) order imposing new rates on municipal
employers. The new rates are based on the current practices of PERB which led to the PERS crisis in
Oregon.
Recommendations:
Adopt the resolution to authorize an appeal of the newly adopted PERS rates.
Fiscal Impact:
The fiscal impact of the increased PERS rates on the city is substantial. The impact of the appeal,
however, is minimal as the city's obligation for attorney fees is $150.
Background:
On February 11, 2003, PERB adopted new employer rates effective July 1, 2003. The League of Oregon
Cities (LOC) is encouraging all cities to file an appeals of the rate order as soon as possible. The city has
60 days from the date of the rate adoption to file a formal appeal. LOC has retained the services of
attorneys John W. Osbum and Peter W. Mersereau of Portland for any LOC member city that elects to
participate. The cost to participate is a flat-fee rate of $150. The fee covers the following services:
· Filing a timely notice of appeal in Marion County Circuit Court;
· Prosecution of the appeal to judgment in circuit court; and
· In the event of legislative action materially affecting the litigation, consultation with the
League and individual participants regarding any subsequent legal action.
1 - G:qegaI\PAUL\ORD\P~PERS appeal res 03cc.wpd
RESOLUTION NO. 2003
A RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN PERS APPEAL
RECITALS:
A. Eight public employers brought suit against the Oregon Public Employee Retirement
System in Marion County Circuit Court, claiming they were being overcharged in the
calculation of employer contribution rates; and
B. Judge Paul Lipscomb has returned the case to the Oregon Public Employee
Retirement System Board with instructions to update employee mortality tables, issue new
employer rate orders for 1998 and 2000 and make a new earnings allocation order for the
1999 investment year; and
C. The Oregon Public Employee Retirement System Board has yet to comply with
these instructions and has adopted proposed employer rate increase at its February 2003
regular meeting; and
D. The rate increases would be less if the Board had complied with Judge Lipscomb's
instructions.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The League of Oregon Cities is authorized to coordinate the filing of an
appeal on the city's behalf, through outside counsel, from the rate increase received from
PERS.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090
duly PASSED and ADOPTED this ~ day of 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this __ day of ,2003.
Alan DeBoer, Mayor
Paul Nolte, City Attorney
G:\IegaI\PAUL\ORD\P\PERS appeal res 03.wpd