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HomeMy WebLinkAbout2003-0603 Council Mtg PACKETCouncil Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER CITY OF kSHLAND Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public headng which has been closed. The Public Forum is the time to speak on any subject not on the pdnted agenda. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 3, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE: II. ROLL CALL: III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of May 20, 2003 and Executive Meeting Minutes of May 20. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Mayor's Acknowledgment of Jessie Stanton's Elks Lodge-sponsored first place National Award for Americanism essay contest. 2. Mayor's Proclamation of June 14th, 2003 as Flag Day in the City of Ashland. Vw CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's reappointment of Jack Sabin, and appointments of Helen Smith and Nell Kunze to the Hospital Board for terms to expire June 30, 2007, and initial appointment of Steve Miner as the 12th Hospital Board member for term to expire June 20, 2006. Annual Liquor License Blanket Approval. Ambulance License Renewal. Hazard Trees Removal on City ProperB/. Adoption of Findings for Planning Action 2002-089, 3151 East Main Street (annexation). VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) 1. Public Hearing to consider adoption of 2003-2004 Budget. COUNCIL MEETINGS ARE BROADCAST IJVE ON CHANNEL 9 VISIT THE CITY O'F ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US VII. PUBLIC 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. UNFINISHED BUSINESS: (None) IX. NEW AND MISCELLANEOUS BUSINESS: 1. Cable Franchise Renewal Status - Charter. Xo ORDINANCES~ RESOLUTIONS AND CONTRACTS: v' 1. Second Reading by title only of "An Ordinance Amending Sections 15.04.220, 15.16.240 and 15.20.040 of the Ashland Municipal Code to Provide that Fees for the Mechanical, Plumbing and Electrical Codes be Set by Resolution of the City Council." t,/2. Reading by title only of '% Resolution Adopting the Annual Budget and Making ading o~"An Ordinance Levying Taxes for period July 1,2003 to and including 0, 2004, such taxes in the sum of $8,008,000 upon all the Real and Personal Property subject to Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County, Oregon." Reading by title only of '% Resolution declaring City's election to receive State Revenues." Reading by title only of '% Resolution Certifying City provides sufficient municipal services for qualify for State Subventions." XI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XII. ADJOURNMENT: REMINDER A study session will be held on Wednesday, June 4th at 12:00 p.m. in Council Chambers. Topics will include: 1) Homelessness - Regional and Local. 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)~ COl JNCII.. MEETINGS ARE BROADCAST I..,IVE ON CttANNEL 9 VISIT TItF, CITY OF AS}tI.AND'S WEB SITE AT WWW.ASHLAND.OR.[JS MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 20, 2003 Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Council Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present. APPROVAL OF MINUTES The minutes of the Regular Council Meeting of May 6, 2003 were approved as presented. The Council Study Session minutes were corrected to read, on the last page, last paragraph: "45,000 gross square foot area," instead of, "45,000 sq. ft. footprint." SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Termination of an Easement at 118 Nevada Street. 3. Authorization to Declare the Belt Press Equipment (Wastewater Treatment Plant Equipment Inventory) as Surplus and Offer for Sale. Item #2 was pulled from the Consent Agenda for discussion. Councilors Hartzeil/Morrison m/s to approve Consent Agenda items #1 & 3. Voice Vote: all AYES. Motion passed. Regarding Item #2, it was clarified that parcel two does not have creek frontage, and is fully away from the trail construction. Councilors Hartzell/Morrison m/s to authorize the Mayor's signature on the Quitclaim Deed terminating the City's interest in the parcel as stated. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM Ron Roth/6950 Old Hwy S/Read aloud fi'om an article on Telecom debt and spoke regarding the Ashland Fiber Network (AFN) debt. He expressed concern about the amount of money put into AFN and the long term affects of this on City finances. He suggested the City contract an outside appraisal to,determine ,both the true value of AFN and the true cost to Ashland citizens. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. Reading by title only of "A Resolution Adopting a NewFee Schedule for the City of Ashland Building Division Mechanical and Plumbing Inspection Programs." Community Development Director John McLaughlin explained that these fees have not been raised since the inception of the program and are currently the lowest in Jackson and Josephine Counties. The raise in fees will cover expected costs for running the programs, with a small buffer fund built in. Building Inspector Mike Broomfield explained how fees and expenses are tracked and how the fees do not support the program. He noted that the contracted services to the City of Talent are at a break-even point. He noted that medical gases are basically a new job for the plumbing inspectors and fees must be generated to cover costs. City Council Meeting May 20, 2003 Page 1 of 3 It was clarified that fee increases must be approved by the State. Council emphasized that fees should be as close to costs as is reasonably feasible. Councilors Morrison/Hartzell m/s to approve Resolution #15. Roll Call Vote: Amarotico, Hearn, Hartzell, Laws, Jackson, and Morrison: Ail AYES. Motion passed. 2. First Reading of "An Ordinance Amending Sections 15.04.220, 15.16.240 and 15.20.040 of the Ashland Municipal Code to Provide that Fees for the Mechanical, Plumbing and Electrical Codes be Set by ResolUtion of the City Council." Councilors Morrison/Hartzeli m/s to approve first reading of the Ordinance and move to second reading. Roll Call Vote: Hearn, Jackson, Amarotico, Morrison, Laws and Hartzell, all AYES. Motion passed. 3. Reading by title only of "A Resolution Authorizing and Ordering the Local Improvements for Construction Improvements to Tolman Creek Road, Consisting of Sidewalks, Parkrows, Parking Bays, Bicycle Lanes, Pedestrian Safety Improvements to Intersections, Traffic Diverter Islands, Drainage and Associated Improvements and Authorizing the City to Borrow Money and Issue and Sell Notes for the Purpose of Providing Interim Financing for the Actual Cost of the Local Improvement." Councilors Morrison/Jackson m/s to approve Resolution #16. DISCUSSION: It was noted that there would not be double taxation of parcels with both Tolman and Jacqueline frontages. It was clarified that Resolution 1999-09 established percentages on how different components of the LID were factored. Roll Call Vote: Laws, Morrison, Hartzell, Amarotico, Jackson and Hearn, all AYES. Motion passed. 4. Reading by title only of "A Resolution Transferring Appropriations Within the 2002-2003 Budget." It was clarified that this Resolution fixes some errors that were made and allows transfers of appropriations for projects that have shifted. Councilors Morrison/Hearn m/s to excuse Councilor Laws from voting due to potential conflict of interest. Voice Vote: All AYES. Motion passed. . Councilors Hearn/Amarotico m/s to approve Resolution #17. Roll Call Vote: Laws, Morrison, Hartzell, Amarotico, Jackson, and Hearn: all AYES. Motion passed. 5. Reading by title only of "A Resolution Adopting the City of Ashland Affordable Housing Action Plan and Housing Needs Analysis." Community Development Director John McLaughlin noted that the documents had been "clean-up" edited for formal adoption by the Council. No changes to policy or direction have been made. He pointed out two late editing changes: 1 .) On page 7 of the Action Plan, in reference to the real-estate transfer tax for Washington County, change ~ of 1% to 1/10 of 1%; and, 2.) On page 9 of the Action Plan, the format of the rates in the table was changed to follow the format of the rest of the document more consistently. Heam proposed that the following footnote be added to page 9 of the Action Plan: 1.) Under current Oregon Law local real-estate transfer taxes are not permitted. The Council issued a resolution requesting the Oregon Legislature to amend that law. McLaughlin noted that the proposed footnote language could be added directly to the text of the document. Jennifer Henderson/321 Clay Street/Supported adoption of the Affordable Housing Action Plan, noting that adoption of the Resolution puts in writing the City's resolve to make some development affordable. Concern was expressed that relaxation of landuse laws could adversely affect quality of life. Also that it should be made clear that when adopting the Action Plan the Council is no necessarily adopting every aspect of the Action Plan, but rather accepting potential solutions or remedies. It was clarified that the Action Plan does not say, "shall," or "will," but says, "should 6onsider," and "recommends." It was noted that affordable housing involves growth. City Council Meeting May 20, 2003 Page 2 of 3 Eric Navickas/711 Faith Avenue/Supported the City's position to find ways to support affordable housing. He noted, however, that this could become a double-edged sword by allowing large tracts of land to be developed that used to be farmland. He suggested looking to high-density development and offering incentives to promote the development of affordable housing. Councilors Hartzeil/Jackson m/s to approve Resolution 018 adopting the Affordable Housing Action Plan and Housing Needs Analysis including the corrections in the attached memo and language changes regarding the real-estate transfer taxes. Roll Call Vote: Laws, Morrison, Hartzell, Amarotico, Jackson and Hearn, all AYES. Motion passed. PUBLIC FORUM continued: Fred Caruso/102 Garfield #15/Spoke regarding the methods and materials used in building affordable housing. He advocated quality over quantity and commented on toxic building syndrome. Robert McLellan/441 Parkside/Announced a "National Trails Day" event to be held on Saturday, June 7th in Lithia Park and sponsored by the Ashland Woodlands & Trails Association. He explained that the Association is working on the building ora trail system around Ashland. OTHER BUSINESS FROM COUNCIL MEMBERS DeBoer commented on the status of the Senate bill regarding the real-estate transfer tax, and felt that the bill may die because revenue producing must start at the House. He asked if the Council has direction concerning this. Council did not give any new direction. Mayor DeBoer noted the need for two volunteers to serve on a Committee dealing with Citizen discounts. Councilors Jackson and Morrison volunteered to serve. Jackson announced the beginning of the Wetlands Inventory project and that notice has gone out to property owners requesting property access in order to conduct survey work. Other announcements included notice that the Bicycle and Pedestrian Commission is advertising for new commissioners and that a Bike Swap is coming up soon. It was noted that the Housing Needs Analysis and the Affordable Housing Action Plan are on the City website. ADJOURNMENT The meeting as adjourned at 8:35 p.m. Barbara Christensen, City Recorder Alan DeBoer, Mayor City Council Meeting May 20, 2003 Page 3 of 3 Bicycle and Pedestrian Commission April 17th, 2003 Regular Meeting Minutes Roll Call Spear, Nutter, Catron, Baxter, Chapman, and Hartzell were present. Matthew Barnes of RVTD were also present Officer Tom Cook of the Ashland Police Department and Call to Order Chapman called the meeting to order at 5:01 p.m. Approval of Minutes Catron/Nutter m/s to approve the minutes of March 20th, 2003 as presented. Voice vote: All AYES. Motion passed Public Forum Tom Boughton, a Southern Oregon University student working on a capstone project dealing with bicycles, transit, and alternative transportation, sated that he had done some research relative to the Siskiyou Boulevard redesign project, but sated that he was at a loss relative to city objectives beyond that project. Chapman discussed the Siskiyou Boulevard redesign, and Harris explained the bicycle component of the city's Transportation System Plan, as well as the new bike trail along the railroad tracks from Laurel Street to Jackson Road. Harris also cited the Central Ashland Bikepath and the bicycle plan for the downtown included within the council goals that is in the preliminary sages of development and that would eventually connect with the redesigned Siskiyou corridor. Chapman noted further work is in store for the north end of town in the future, and he noted that bike signage is in the works. Chapman explained that the Bear Creek Greenway is in the process of being extended to North Mountain Park and is eventually planned as a connection all the way to Emigrant Lake. Chapman concluded that he is also hoping for an eventual bike route connection to the Ditch Trail. Crosswalk Enforcement Officer Cook provided members with a copy of statistics, as well as a press release and a Daily Tidings article announcing the 2:00 p.m. crosswalk enforcement action scheduled for April 18th, weather permitting. Cook noted that Nutter and Chapman were volunteering to assist and would be serving as scribe and videographer. Cook verified that there were no crosswalk violations cited in March, but he added that this would likely change with Officer Flynn's return and the increased use of motorcycle patrols for traffic enforcement. Bike Swap Chapman questioned whether anyone present was interested in taking charge of this event. Hartzell suggested asking Lexis Packer, former member of this commission, about the possibility of her returning to the commission and chairing the Bike Swap. Nutter noted that Ed Mills might also be interested. Chapman sated that May would be a good time for this event. He suggested that the event should not be held up waiting to find someone who was interested. Harris noted that a saffmember at the Grove had expressed some interest, but she sated that she hadn't had further contact. Commission Vacancies Chapman sated that he had seen four applications so far for the two openings. Chapman sated that he would continue as chair until new members were appointed and an election could be held. Harris clarified that a new ad would be in the paper Friday announcing the vacancies. She added that the vacancies were posted on the city website, and that the deadline to apply is May 2nd. She explained that the four applications were on file and the applicants were no longer interested. Bike LMhts Harris sated that she had nothing to report, beyond the fact that seven lights had been sold at the Police Department and fifteen were given away as part of Marvin's commuter workshop. Hams sated she would look into statistics relative to light distribution by officers at bicycle traffic stops. 2003-0417_Bike Min.doc Page 1 of 3 Combinin.q Commissions Hams explained that the Traffic Safety Commission (TSC) had asked for a joint study session with commission members and council liaisons. She added that there was somewhat of a stall in finding a date that worked for everyone. Hartzell stated that she could work with Morrison to get this going again. Hams noted that while members were interested in continuing discussion, the TSC was somewhat apprehensive. Catron suggested a trial combining of the commissions to see how it would work out. Harris explained that combining required an amendment of the city municipal code. Chapman suggested that the Bicycle and Pedestrian Commission's members simply appear at the next TSC meeting and bring up this matter in public forum. Hartzell suggested that a proposal needed to be prepared and presented, and areas of resistance identified. Chapman noted that he had attended the meeting where this was discussed before, but he had been unprepared to speak and did not feel that he had been particularly convincing. Harris added that a lack of members present from this commission may have also been a factor. Chapman stated that he would like to see the chairmen of both commissions, staff liaisons, and council liaisons get together for an informal discussion. He added that evenings or late afternoon would likely be the best time to meet. Hartzell suggested that the TSC is not totally opposed to this idea, but rather that they recognize issues that may well be valid. Catron reiterated that a trial combining should be acceptable to all. Safe Routes to School Chapman gave background to the guests who were present, and he noted that the Bicycle Transportation Alliance (BTA) had received a grant to use Ashland as a pilot site for its Safe Routes to School program. He reported that he had received no response from recent inquiries to BTA relative to the curriculum or the grant. Chapman pointed out that the Ashland Middle School vice principal wants to have more input in the curriculum, rather than simply relying on the BTA to provide a program. He emphasized that they would want to be able to be involved in the program development and that they hope to eventually take over the program. Chapman stated that he was waiting for the hiring of sixth grade P.E. teachers before pursuing things further in the school. He concluded that he hoped to hear from BTA and go back to the Middle School by May in order to be prepared to start the program in the fall. Harris recapped that at the last meeting, members were looking at a meeting with the vice principal, commissioners, teachers and the BTA. Chapman stated that he was still unsure of meeting timing, but he added that he might also bring Carol Lee Rogers for that meeting. Hams pointed out that BTA had received its grant, but she had not heard whether they had hired someone to teach the program. She stated that she would follow up on this, and find out ifBTA was willing to work with teachers to develop cumculum. Hartzell stated that the commission could work with BTA and interested teachers to get them working together. Chapman stated that he would contact Vice Principal John O'Malley about the new P.E. teacher hirings and the other issues discussed here. Bike Safety Education Chapman stated that there was no word from BTA other than that Doug Staples had been hired to teach bike education for BTA and RVTD. He added that Staples and Rogers were approaching Helman and Bellview schools to schedule classes. Chapman questioned where Briscoe might fit in. Chapman suggested that a link needed to be formed between Rogers, Staples, Reynolds, and the Briscoe P.E. teacher who was interested in the program (Pam?). Catron noted that a call for volunteers went out in the city's utility billing inserts. 2003-0417_Bike Min.doc Page 2of3 Si~na~e Harris stated that she had no report. New Business Chapman noted that he had been invited to attend the transportation segment of the Metropolitan Planning Organization (MPO) Public Advisory. Barnes explained that Ashland was a new MPO member based on the most recent census results. He added that the MPO decides on funding of transportation projects and needs citizen involvement. Chapman went on to note that there was a policy group, a technical advisory group, and the public advisory. Chapman suggested that others with an interest-ghould apply for appointment and he added that meetings were bi-monthly. Harris noted that she and Pieter Smeenk from Public Works/Engineering were involved in the technical advisory group. Hartzell suggested using the RVTV commission spotlight program with Ann Seltzer to publicize the work of this conunission. Harris noted an upcoming conference she would be attending. Barnes confirmed that RVTD would be sending staff as well. Hartzell thanked Spear for her contribution in serving on the commission, and members expressed their sorrow in seeing her depart. Adjournment There being no further business, the meeting was adjourned at 6:05 P.M. Next Meetin~ 5:00 p.m. onMay 15th, 2003 2003-0417_Bike Min. doc Page 3of3 CITY OF kSHLAND ASHLAND HOUSING COMMISSION MINUTES APRIL 23, 2003 CALL TO ORDER Chair Andy Dungan called the meeting to order at 4:00 p.m_ Other Commissioners present were Richard Seidman, Larry Medinger, Chris Oswald, Joan Legg, Kim Blackwolf, Kim Miller, and Jon Uto. Cate Hartzell ar~,ed at 4:15 p.m. There were no absent members. Staffpresent were Bill Molnar and Sue Yates. APPROVAL OF THE MINUTES - Blackwolf moved to approve the March 19, 2003 minutes. Legg seconded the motion and the minutes were approved. PUBLIC FORUM AARON BENJAMIN said he hoped the Commission would continue to be concerned with inclusionary zoning. He suggested any proposal for large development should be put under a microscope and bring pressure to bear to create affordable housing. Medinger wondered if the Housing Commission could be brought in at the pre-application stage. Molnar said there would need to be some specific parameters for that to happen. There are no mandatory requirements for affordable housing. Medinger suggested looking at it from the side of the Comprehensive Plan and Statewide Planning Goals. These two documents require the building of all housing types. Molnar said they were hoping to have the Housing Coordinator look at changing the requirements of certain zones, for example, in multi-family zones, it would be much more discretionary if someone wanted to build for ownership, rather than building to rent. Dungan thought it would be helpful if the Commission could be involved in order to use the "power of suggestion" to an applicant. If an applicant knew the Housing Commission would be reviewing their proposal in the early stage, the applicant might give more thought to affordable housing. Blackwolfcommented this might also be a way to catch any houses slated for demolition that could be saved. Uto left the meeting. The Commission asked that this item (Informing the Housing Commission at the Pre-Application Stage) be put on next month's agenda. RICH ROHDE, Oregon Action, handed out a draft revision to SB863 put together by the Oregon Coalition for Complete Communities. If implemented, this would set a pilot project in Ashland and Portland. This has been strongly supported by Bob Repine, Oregon Homing and Community Services Dept. The money could begin flowing in two years. Rohde said they would be counting votes in the Senate soon. He was hoping to get some people together for a conference call to the state. Medinger, Hartzell and Miller said they would be willing. MAY 15TH ACLT ANNUAL MEETING/HOUSING FORUM Oswald handed out the draft packet that will be handed out to guests on the 15th. Hartzell was hoping to have breakout groups for various categories of activities of interest. She would like to see the Commission serve to expand volunteerism and put people into work groups. This is an opportunity for the Commission to get people fired up..The idea is to make this Commission functional. The Question and Answer time could be shortened up to make time for the breakout groups. Miller does not like the idea of having topic groups with no place to go. Hartzell said we could follow the Action Plan items. Dungan asked everyone on the Commission to be present at the forum. He and Seidman would work out how and when to present the opportunity for the breakout groups to form. Oswald passed out the flyers with the meeting information. Seidman expressed his appreciation for Oswald taking the lead on this. He was hoping the Q & A portion would not just be a time to debate the issue of affordable housing. Note: Oswald will be leaving town at the end of this week and Dungan will be taking over with the forum organization. AFFORDABLE HOUSING GUIDELINES Blackwolf wondered why the guidelines are not being used more than they are. We need to consider changing the formula to more accurately reflect real purchase prices and income levels. Medinger agreed that the structure is outdated. It was last used about four years ago. The income limits and asset levels don't work. There needs to be more flexibility. Molnar said they are looking at formulas that might be more appropriate, however, this is a more complex issue than it may seem. Also, politically, some may not like deferring SDC's on a house selling for upwards of $1~,000. He felt it would be advisable to meet with builders and the Commissioners. He added that there has been some interest in building more cottage- style homes. Hartzell suggested a small group meet regularly and start a list of the land use pieces for affordable housing. The Land Use Subcommittee will consist of Klm Blackwolf, Cate Hartzell, Joan Legg, Larry Medinger, and Evian Distefano. SUBCOMMITTEE REPORTS & ASSIGNMENTS The Land Use Subcommittee was just formed. Dungan announced there would be a meeting of the Housing Coalition on May 6th. There will also be a meeting of the Council on May 6th and Mary Brooks will be speaking. RESPONSE TO BUDGET COMMITTEE Hartzell had received a letter from a woman on the Budget Committee questioning the expenditure for a Housing Coordinator. How do we want to approach this? She said the Council and Budget Committee would be meeting Saturday from 8 a.m. until 2 p.m. and possibly again the following week at the same time to discuss the budget. It was decided that everyone on the Commission would e-mail their two best arguments for having a Housing Coordinator to Kim Miller and he would in mm compile the responses and draft a cover letter that he would then send to Dnngan for his signature. Hartzell would get a copy. The letter will be given to Lee Tnneberg, Finance Director. HOUSING COORDINATOR POSITION Dungan said he understood there are nine candidates for the position. He was asked by John McLaughlin to be on the interview committee. There was a general disappointment among the Commissioners that their wishes and recommendations were disregarded and not acknowledged by Staff. They had voted to have Kim Blackwolf and Cate Hartzell represent the Housing Commission during the interview process. Molnar said they would have to check with McLaughlin to see how he came to his decision. He said he thought the interview committee would be: Andy Dungan, John McLaughlin, Dick Wanderscbeid, and Tina Gray. Cindy Dyer.was asked but he did not think the dates would work for her. He thought there would be a fifth person chosen from outside the City. The interviews are tentatively scheduled for May 1st and 2nd. Everyone expressed their satisfaction with Dungan serving on the interview committee. Medinger felt that this is mining into a Planning Department hire. Since the Coordinator will specifically interact with this Commission, more people from the Commission should be involved in the process. Hartzell was happier knowing they would be asking a Housing Specialist from the outside to help interview. Seidman wanted to convey to McLaughlin the positive benefit of having women on the interview committee. Dungan will call McLaughlin with some of these concerns and Molnar will also speak with McLaughlin. Henderson inserted that she talked with the Mayor and he said this is a temporary position and he would see that it stayed temporary. Molnar left the meeting. ASHLAND HOUSING COMMISSION MINUTES APRIL 23, 2O03 Miller thought it was important that those interviewing for the position would at least see a presence of Commissioners, even if it was a "silent" presence. Dungan suggested asking McLaughlin to attend the next Housing Commission meeting (agenda item). They would like to have McLaughlin discuss the following issues: 1) Role of the Housing Commission, 2) the process that was used to interview, 3) the gender issue in the interview process, 4) what is the schedule for the Action Plan, and 5) who is working on it. MEETING PLACE Most of the members felt parking in the park/downtown area would make it difficult to meet in the Community Development and Engineering Services Building. It was moved and seconded to meet at the CD & ES building-in May and move back to the Council Chambers for the months of June, July and August. OTHER Dungan thanked Seidman for all the work he has done while on the Commission and how very much he will be missed. Seidman thanked the Commission for their energy and enthusiasm in making progress toward affordable housing. ADJOURMENT - The meeting was adjourned at 6:00 p.m. ASHLAND HOUSING COMMISSION MINUTES APRIL 23, 2O03 Ashland Traffic Safety Commission Minutes April 24, 2003 Members Present: William Snell, Doris Mannion, George Fardlemann, Keith Hassle, Terry Doyle, David Chapman Staff Present: Jim Olson, Dawn Lamb, Officer Tom Cook Members Absent: Pam Hammond, John Morrison, Patti Busse, Corey VanLandingham I. II. III. CALL TO ORDER APPROVAL OF MINUTES: February 27, Minutes approved as written. TI-EMS FOR DISCUSSION: A. PUBLIC FORUM TI-EMS: 1. Introduction of New Commissioner Terry Doyle. 2. Pedestrian Enforcement Opportunities Ashland Police Department will be conducting a pedestrian enforcement operation once a month for the next 6 months! There will be tons of press. B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING/ACT[ON REQUIRED 1. Request for Stop Sign Installation at Mountain Meadows & Fair Oaks Drive David Rothstein, representing Mountain Meadows Community, requested a stop sign and crosswalk markings be installed on Fair Oaks Drive at Mountain Meadows Drive. Fair Oaks Drive and Mountain Meadows Drive are local residential streets that provide nearly exclusive use in the Retirement Community. Traffic volumes are less than 500 VPD with no accident history. A turn movement study and intersection analysis determined that traffic moved smoothly and safely through the intersection. The only noted defect was the unofficial use of an empty lot as a parking lot. Handicap access ramps at the southwest and northwest corners are being used for vehicular access. Access to and from this lot is through the intersection and adds additional and unsafe turn movements. The loop driveway serving the club house and condominiums is very close to the intersection but will likely remain in its present location at the north and south sides of the intersection. There remains two vacant lots on Mountain Meadows also being used for parking that currently have no sidewalks. Warrants are not met for the installation of stop signs on either street. A stop sign was authorized at Fair Oaks and N. Mountain Avenue primarily because of the high traffic volume on N. Mountain Avenue and the site obstructions imposed by the street profile. The intersection of Fair Oaks and Mountain Meadows does not have problems that would be improved by a stop sign. The creation of marked crosswalks is always carefully considered and used only where a definite need exists and where additional traffic control devices are installed such as a stop sign, traffic light or beacon. The crosswalks should reflect a definite and anticipated connection on each side of the street. Since the sidewalks are not complete on Mountain Meadows, this condition lacks. Staff recommends the following actions be considered to help improve intersection safety: 1. Parking in the unfinished courtyard area should be discontinued. Using this area as a parking lot decreases intersection visibility and adds two additional accesses into the intersection. 2. Crosswalk markings be delayed until the sidewalk on the east side of Mountain Meadows is constructed, at that time revisit the issue. Warrants are not met for the installation of a stop sign on Fair Oaks Drive. However, staff recognizes the special needs and limited use of this intersection. Because of the nature and direction of the streets the traffic is nearly exclusively Mountain Meadows Community oriented. \\COMPAQl\DATA\GOV~pub-wrks\eng\dept~admin\TRAFV~41NUTES~003~pril 24 03.doc Page 1 of 5 Staff would approve installing a stop sign if the IVlountain Meadows Community funded the cost of installation, about $250. Discussion' Chapman asked in horse shoe area because it forces pedestrians to cross in the intersection. It should be dealt with. IVlassie would you make it a condition to not install the crosswalk until the sidewalk connections are complete. Olson will use this for leverage for the stop sign approval. Decision: Snell motioned to accept staff recommendation to require parking lot to be closed to parking because of visibility issue and to construct sidewalks along sidewalks along east side of Mountain IVleadows at which time the IVlountain IVleadows community can fund the installation of stop signs and crosswalk markings at Fair Oaks and Mountain IVleadows Drive. Notion seconded by Chapman, vote passed unanimously. IVlannion asked staff if the IVlountain Meadows Community had plans to provide a public parking area, Olson was not sure. 2. Request for Crosswalk iVlarkings at Oak and A Streets Ed Bemis, A Street IVlarketplace co-developer, requested crosswalk markings across Oak Street near the A Street intersection and across A Street to aid pedestrian access. Oak Street is one of the City's busier arterials with over 4500 VPD. The area just south of the railroad is not very pedestrian nor driver friendly. In an area less than 150 feet long A Street enters from the east, Van Ness Avenue enters from the west, Oak Street angles right about 22 degrees and traffic is stopped at the railroad. In this short area there are twelve separate possible turn movements that can be made resulting in twelve potential impact points per vehicle. The existence of residential driveways and on-street parking further complicates this intersection. Given the intersection geometry, it appears that there is no safe location for a crosswalk across Oak Street. There are too many possible turn movements, and too high a traffic volume to provide a safe pedestrian crossing in this location. A Street however does have an obvious crosswalk location with a proven destination and need. Staff recommends that standard crosswalk markings be installed across A Street as shown on the enclosed drawing. Staff further recommends that no crosswalk be marked across Oak Street. Discussion: Chapman asked why the cross on Oak was so opposed. Olson feels the lack of a clear stopping area would create confusion to an already confusing area creating a more unsafe situation. Doyle asked if a textured crosswalk or another type of crosswalk could be considered. Staff has no objections to them except for their cost and that there is no hard data to how effective they are. Staff could also consider curb bump-outs in the same location with a cost estimate of about $2,000 to $3,000. IVlassie asked if a pedestrian count could be taken in this area. The bikepath outlet will also be continued down to Oak Street. Decision: Snell moved to accept staff's recommendation to deny the request for a crosswalk across Oak Street, but to mark a crosswalk across A Street. Seconded by Mannion and passed unanimously. 3. Request to Establish Loading Zones on Helman and Randy Streets Barbara Fields, Helman Elementary School Principal requests establishment of loading zones on Randy Street and possibly on Helman Street to accommodate anticipated additional bus and passenger vehicle traffic next school year. \\COMPAQl\DATA\GOV~pub-wrks\eng\dept-admin\TRAFV,41NUTESk2003V~pril 24 03.doc Page 2 of 5 With the scheduled closure of Briscoe School next year, it is expected that additional bus routes will be added to transport former Briscoe students to Helman School. ]:n addition, many more parents will be dropping off and picking-up their children at Helman School. The Ashland School's Transportation Director indicated the bus loading at Helman School will remain as it is currently even with additional buses. Currently buses load and unload at the interior sidewalk directly in front of the office. This requires that the buses enter the front parking lot from Helman Street and exit at the south end of the lot. Although the entrance to the lot is difficult for the buses to negotiate it is by far the safest option for the children. This location puts the children directly onto the sidewalk at the school and does not require crossing the street or parking lot. Providing a 15 minute loading zone on Helman and Randy Streets for parents dropping off children was also discussed. Unfortunately both locations require students to cross parking lots to enter the school. The Helman Street location would be much more hazardous as it is a much busier driveway, a larger parking lot and has the additional conflict with bus loading and unloading. The Randy Street location also crosses a parking lot, but it is much smaller and less used. Staff recommends two fifteen minute parking spaces be established on Randy Street between the entrance to the parking lot for use by parents dropping off children. The limitation could be in effect weekdays from 8:00 AlVi to 5:00 PM. Discussion: IVlany commissioners visited this site. Staff revised their recommendation to increase the number of 15 minute parking areas from two to four. Commission discussed other options but the areas where a child would not nee to cross a parking lot or a vehicle path were limited. The changing of these four spaces will take long term parking from the neighborhood, but the parking spaces are not heavily parked. Chapman would like to have the parking lot redesigned to only have one access. The east entrance could be closed. Staff looked at this but felt it would make the maneuvering within the lot too difficult. Chapman also witnessed the bus loading zones being used extensively by parents unloading their children, l~f children are dropped off at the Randy curb there would need to be a stair case built into the retaining wall and then the students would still need to cross the bus loading zone. Decision: Snell moved to accept Staff's recommendation to designate four parking spaces on Randy Street as 15 minute parking on weekdays from 8:00 AM to 5 PlVl. Seconded by IVlannion and passed unanimously. Olson will talk further with Fields regarding the parking lot issues. 4. Request to Establish Bike Lanes on N. IVlountain Avenue William Holmes sent a letter to the Planning Department complimenting the City on the installation of sidewalks on Mountain Avenue and further suggesting that bike lanes be added as well. N. IVlountain Avenue from Little Village Drive northerly was designed to accommodate bikelanes on both sides. Completion of Riverwalk Subdivision later this summer will complete bikelanes nearly continuously from Fair Oaks to Village Green Drive. Only a small section on the west side of N. Mountain Avenue north of Bear Creek remains undeveloped. Several bike generators exist in the area including N. IVlountain Park, the Bear Creek trail system (under development), the Riverwalk Subdivision wetlands and open spaces, and the bikelane connection to Hersey Street to the Central Ashland Bikepath. Maria Harris indicated the Bike and Pedestrian Commission advocates the creation of bikelanes on this section of N. IVlountain. \\COMPAQ l\DATA\GOV~pub-wrks\eng\dept-ad m in\TRAF'gVII N UTES~003'v~pril 24 03.doc Page 3 of 5 The section of N. Mountain Avenue between E. Main Street and Village Green Drive is 36 feet wide and currently designated with two 8 foot wide parking lanes and two 10 foot wide travel lanes. To install bike lanes on this section requires removal of parking on one or both sides of the street. The removal extent is dependent upon the neighborhood and on street conditions. N. Mountain is classified as an Avenue under our current classification system (formerly arterial street). Under the 1999 City Street Design Handbook an avenue is required to have two 10 to 10.5 foot wide travel lanes and two 6 foot bike lanes with parking provided in 8 to 9 foot wide bays. Of course these standards are primarily for new construction and sometimes compromises are required to retro-fit existing streets. It may be possible to reduce all lane widths similar to what was done on Walker Avenue and still maintain parking on one side of the street. The following lane configuration may be possible:l) Parking lane - 7 feet wide; 2) Bike lane - 5 foot wide; 3)Travel lane - 9.5 feet wide; 4) Travel lane -9.5 feet wide; 5) Bike lane - 5 feet wide; Total 36 feet. These widths are below standards but might be considered in some circumstances. The alternative to this is to remove parking entirely. If the Commission wishes to pursue this issue it will be necessary to solicit public comment and review. This matter could be discussed further at the May meeting. Discussion: The bicycle generators will increase with the addition of the Riverwalk Subdivision and included parks areas. The travel lanes would be narrowed to 9 1/2 feet which is very narrow. The neighborhood will be noticed and invited to next month's meeting. Doyle commented that there is a lot of parking in the Mountain area. Olson said if bike lanes were added on only one side that the loss of parking would be because bicycles travel can not oppose the flow of traffic. It is illegal and we can't create an illegal situation. Decision' Chapman motioned for commission to consider options on parking removal and addition of bikelanes to be brought back next month. Staff will notice the neighborhood for their input. Seconded by Doyle, passed unanimously. 5. Sidewalk Needs Inventory- Proposed Sidewalk Construction Priority List Massie has compiled a list and prioritized the sidewalks brought to him by the commissions. The list followed the priorities of safety, nearness of schools, nearness of public areas and pedestrian usage. Olson would like the commission to look over this list and help find areas that have been neglected or need to have their priorities changed. Funds for these areas will be included as part of the Capital Improvements Projects or if eligible for the CBDG monies. Mannion asked Massie to consider Walker Street between Oregon and Francis. Chapman asked if the railroad crossing on Hersey and other railroad crossings could be added. Olson informed the Commission that HDR Engineering has been contracted to help evaluate the safety of railroad crossings in various locations throughout Ashland. A priority list will be prepared and Olson will bring it to the commission. Chapman asked if when a building is proposed does the City require pedestrian improvements in the adjacent areas. Olson commented that improvements are usually applied to the directly connecting property but not to intersections or further. Offsite improvements are very hard to enforce and justify. Decision' Commission will read over the list provided by Massie and respond to him before the next meeting to relay any changes or additions. C. Follow-Up On Previous Actions: None D. Goals: Staff will be reviewing and updating the spreadsheet to make it easier to determine what has been accomplished already. \\COMPAQ l\DATA\GOV~pub-wrks\eng\dept-admin\TRAFVvtl N UTES~2OO3~pril 24 03.doc Page 4 of 5 IV. Em Fi G, Traffic Safety Education 1. Transportation Safety Action Plan Meeting, May 7, 2003 Grants Pass Development Review 1. Bike & Ped Commission Report- Commission was considering Housebill 2434 which addresses electronic personal assistive mobility devices. B&P felt that some of these devices which can travel up to 15 MPH should not be allowed on sidewalks. Commission will take opportunity to respond to Senator Hannon. 2. Planning Commission Agendas 3. Hearings Board Agenda Capital Projects Update Other 1. Utility Billing Insert - Give Olson any suggestions for upcoming topics. 2. Miscellaneous Communication- 3. Pedicab Application - Commission has been asked for their input on a pending proposal for a pedicab operation. The operation would be for a rickshaw type vehicle that would pick up fares from different areas and then drop them off at another location. There would be no established tour route. The operator is not charging a fare, only requesting tips. Bike and Ped will also be considering this proposal. Additional ]~tems Adjourned 8:10 PM \\COMPAQ l\DATA\GOV\pub-wrks\eng\dept-ad m in\TRAF'CAIN UTES~.003'v~pril 24 03.doc Page 5 of 5 , CITY OF SHLAND ASHLAND HISTORIC COMMISSION Minutes May 7, 2003 CALL TO ORDER At 7:05 p.m., Chairperson Dale Shostrom called the meeting to order in the Sis__k_iyou Room, located in the Community Development/Engineering Services Building at 51 Winbum Way. In addition to Shostrom, members present were Terry Skibby, Keith Chambers, Alex Krach and Sam Whitford. Also present were Associate Planner Mark Knox, Council Liaison John Mordson and Secretary Sonja Akerman. Members Jay Leighton, Tom Giordano, Joanne Krippaehne and Rob Saladoff were unable to attend. INTRODUCTION OF NEW MEMBERS Knox introduced new members Alex Krach and Sam Whitford to the Commission. APPROVAL OF MINUTES Chambers moved and Skibby seconded to approve the Apdl 2, 2003 minutes as submitted. The motion passed with a unanimous vote. PUBLIC HEARING Planning Action 2003-045 Site Review 230/232 VanNess Avenue Serin Eggling and Sherri Morgan Knox reported the applicants are proposing to build a third residential unit that will be attached to the existing duplex. The new unit will replace the existing garage/storage building and will be built on the same footprint with an additional 34 square feet. It will be connected to the existing duplex by a roof. The existing house was built in 1948 and will not be altered. The parking area that will be paved was a concern for Staff because of the potential impact the paving would have on the histodc resources of the area. However, a reciprocal easement with the adjacent neighbor was granted to allow common use access since the driveways are contiguous. This will cut down on the amount of paving required while also allowing adequate parking on the site. In Staff's opinion, the application is acceptable Shostrom opened the public headng and it was noted there was no one in the audience to speak on behalf of the applicants. The Commission remarked the north elevation of the existing house was not drawn accurately. Shostrom stated the elevations of the existing house and the proposed unit depict similar siding. In reality, the existing building is block. He also wondered why a more similar design to the existing house was not chosen. The existing house has a gable roof and the proposed unit has a hipped roof. He also said he would rather see a design for the new unit that mimics what is already existing rather than introduce another style for the cottage. Whitford asked if it is typical for the applicant or owner to come to the meetings. He was told the applicants and designers/architects are made aware the planning actions before the Historic Commission meetings are considered to be public hearings. Most often someone will attend the meeting to represent the applicant(s). Chambers moved to recommend the Headngs Board call this action up for a public headng based on the following: · There were not enough details submitted for the proposed unit. Ashland Historic Commission Minutes May 5, 2003 CITY OF -ASHLAND · The Histodc Commission would like to talk to the applicants about the design of the proposed unit. · There are concerns about the compatibility of the proposed unit with the existing building. · The drawings that were submitted are not accurate and specific materials were not stated. · There was not a clear sense of what is being proposed for the existing house. · The roof style proposed for the new unit is not compatible with the roof style of the existing house. The Commission would like to see a more similar style. In discussing this motion, all the members felt the above concerns could best be addressed through a public hearing. Skibby seconded the motion and it passed with a unanimous vote. ___ Planning Action 2003-035 Conditional Use Permit and Site Review 665 East Main Street E. Kirk McAIlister For the benefit of the new members, Knox reviewed the reasons for requesting this proposal be called up for a public headng last month. The Heatings Board agreed with the Histodc Commission; therefore it will be heard again by the Histodc Commission and will then go before the Planning Commission. Knox also stated the applicant was not present last month, but has since done quite a lot of research and met with the Review Board. Applicant Kirk McAIlister stated he had met with Brad Roupp, a local contractor who has restored and moved several structures in Ashland. He has also viewed old Sanbom maps to ascertain when the abutment was added to the odginal outbuilding. Additionally, he conducted a research and concluded the market for renting out a single room was not as high as he had originally thought. McAIlister said that for now, he is changing his application in order to get approval for a one-unit traveler's accommodation with a garage. He will leave the outbuilding as it is with the exception of removing the abutment (which was added some time after 1928) and it will serve as the garage. Also, by removing the abutment, it will allow for another parking space. Although this will decrease the size of the building to less than 500 square feet, McAIlister assured the Commission it is not his intention to demolish it. The side of the outbuilding with the currently existing abutment will be re-sided once the abutment is removed. Other than that, he will leave the building as it is for the time being. Whitford asked if there will be exterior changes to the existing house and McAIlister responded a bathroom will be added within the interior, but no extedor changes are planned. Skibby asked if the alley would need to be paved. Knox replied it is the policy of Staff and the City Council to require that certain alleys be paved, including those where residential and commercial areas abut. Shostrom said he was still concemed with the removal of the abutment and asked if it was necessary. Knox stated a five-foot buffer is required between all parking facilities and the adjacent property in a commercial zone. Therefore, it will be necessary to remove it. Shostrom asked what type of siding will be used on the area left after the abutment is removed and McAIlister responded he will remove the siding from the abutment with care and possibly be able to use that, although it is slightly different than the odginal building. Shostrom stated there are also ways to age new siding that could work for him. McAIlister stated there is a possibility that the building will be remodeled in the future. It was the consensus of the members that by completely remodeling the interior, it could be a nice addition to his traveler's accommodation. Shostrom added the Historic Commission promotes the art of preservation and realizes it will cost more overall than starting from scratch, so the members greatly appreciate the efforts McAIlister is making to retain the building. McAIlister said he is unsure how rentable the building would be as another unit if it looks like an old outbuilding on the outside. The Commission felt that if the outbuilding were to be upgraded and used as another unit, it could be very charming, but agreed it would be best to make sure photos of the inside be used in all marketing. Knox informed the Commission that if the applicant does decide to demolish the building (even though it will be less than 500 square feet), the applicant would have to come back before the Histodc and Planning Commissions Ashland Historic Coiim~ission Minutes May 5, 2003 CITY OF -ASHLAND because he would be modifying the site. He also noted that Building Official Mike Broomfield has agreed to run all demolition applications that look historic by the Commission. Knox then asked the members about the prospect of paint for the building and the consensus was to keep it rustic to retain its charm. It should be protected, but not with paint. Skibby moved to recommend approval of the application to the Hearings Board based on the following: · The one-unit traveler's accommodation will be located in the existing house. · The small outbuilding will be retained except for the small abutment on the west side. · The siding on the outbuilding be retained in its natural condition. · The replacement siding on the west side of the outbuilding match the existing siding as close as possible. · The alley not be paved. Whitford seconded the motion and it passed with a unanimous vote. OLD BUSINESS Review Board - Following is the May schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: May 8th May 15th May 22nd May 29th Skibby and Shostrom Skibby, Chambers and Kdppaehne Skibby and Shostrom Skibby, Leighton and Whitford Project Assi.qnments for Planninq Actions PA #2000-120 485 "A' Street (Steve Hoxmeier) Shostrom PA #2001-029 455 Siskiyou Boulevard (Fire Station) Skibby PA #2002-021 25 Granite Street (Carol Dutra) PA #2002-080 286 Eighth Street (John & Mary Ellen Cole) PA #2002-075 SE Comer of "A' & Pioneer Streets (Alan Sandier) saladoff PA #2002-094 340 Oak Street ("A" Street Marketplace) Saladoff PA #2002-100 142 East Main Street (Earthly Goods) Leighton PA #2002-125 44 North Second Street (Tdnity Episcopal Church) Skibby PA #2002-127 NW Comer North Main & Maple Streets Intersection (ACHF) Kdppaehne PA #2002-142 120 Gresham Street (Chanticleer) Kdppaehne PA #2003-005 35 S. Second Street (Winchester Inn) Kdppaehne PA #2003-035 665 East Main Street (Kirk McAIlister) Shostrom PA #2003-045 230/232 VanNess Avenue (Sedn Eggling/Sherd Morgan) ~'..' National Histodc Preservation Week (May 5-12) - Everyone was reminded to make a special effort to attend the award ceremony on May 9. Came.qie Library Restoration - In the viewpoint of the Histodc Commission, the Camegie Library will not be completed until the fascia and cornice work are finished to match the other three sides. Mordson offered to look into a contingency fund to find out if any county funds could be allocated to this project. Whitford stated he is on a committee for the county libraries and knows that no money will be let go until all the libraries have been completed. Ashland Historic Commission Minutes May 5, 2003 3 CITY OF SHLAND NEW BUSINESS: House Size Limitation - Knox reported this subject is still alive. Common numbers are being compiled for new homes and additions in the historic districts. It should be on the agenda for the Planning Commission Study Session on May 27. ITEMS NOT ON AGENDA: Modification of Approved Plans for 542 "A" Street - Architect Jerome White stated ~ was soliciting feedback as a favor to a friend who is considering buying 542 "A" Street. (He noted he will not be the architect involved with this project.) Plans were approved by the Planning Commission last year to renovate and add on to the building. Since that time, the building has been put up for sale. White said the front would be renovated as was already approved. The rear, however, would have some revisions. The existing porch on the building would be enclosed and used as a bathroom. The catwalk would not be built, as the existing shed would remain one story and be moved back to maintain the look of a shed and become a storage area for wine. This will also allow for more of a courtyard behind the building. The Commission agreed the changes would be positive and suggested White encourage his fdend to buy the property. ANNOUNCEMENTS Knox related that Dave Skilton, Tax Incentives Coordinator for the State Histodc Preservation Office, would like to hold a June workshop in Ashland on restoration, rehabilitation and maintenance. A tentative date has been set for June 20. This would be in lieu of the upcoming bi-monthly brown bag workshop sponsored by the Historic Commissions of Ashland and Jacksonville. ADJOURNMENT With a motion by Skibby and second by Chambers, it was the unanimous decision of the Commission to adjourn the meeting at 9:00 p.m. Ashland Historic Commission Minutes May 5, 2003 ASHLAND FOREST LANDS COMMISSION May 14, 2003 4:30 - 6:00 PM MINUTES MEMBERS PRESENT: Members Absent: Staff Present: Frank Betlejewski, Richard Brock, Elizabeth Crosson, Jo Anne Eggers, Stephen Jensen, Bill Robertson (Chair) Anthony Kerwin Nancy Slocum, Pieter Smeenk Marty Main (Consultant) I. CALL TO ORDER AT 4:35 PM II. APPROVAL OF MINUTES: March 12, 2003 minutes approved as submitted. mo PUBLIC FORUM: Eric Navickas voiced his concern that at Public Workshop II he was not allowed to finish his comments which come from sound scientific grounds. He wanted to say that a Forest Service project 8 or 9 years ago removed 8 million board feet of timer for fuels reduction. He said there was a 50-year history of removing timber in the Ashland Watershed. ITEMS FOR DISCUSSION: A. Nomination and Vote on Forest Lands Commission Chair and Vice Chair - Eggers motioned to table this item until later in the meeting. Jensen seconded the motion and it passed unanimously. Bo Discussion of Public Comments on City Forest Lands Restoration Project - Robertson thought it best to accept the public comments and have them available for public review. Crosson disagreed with this approach stating that the commission had emphasized the need for public input. The commission owes the public acknowledgement and commission scrutiny. Eggers agreed. Jensen especially valued the input of the SOU students. Robertson asked the commission to reread all the comments and compile topics in need of further discussion. The topics will be discussed at the next meeting. C° Set City Council Public Heating Date - Robertson thought the commission should work backwards (with Main's assistance) in order to be on the ground by next winter. Main said the field work will take the summer. He sees major differences between the lower parcel and Winbum. He thought management of the two parcels could be separated. The lower parcel is in C:\WINDOWS\TEMP~MAY 14.doe rapid decline. In addition, this would allow more careful consideration of Winbum. He will have info on the lower parcel in July or August. He will have give additional detail at the next meeting and emphasized the need for more commission and public field trips. Jensen would like all City Councilors to attend at least one field trip. He commented on the lack of pubic input citing several posCble explanations: few people care, poor public relations, the proposal was well done enough that people were comfortable with it. Eggers added a cultural explanation: "What do I have to offer"? "Let the experts do it." Liz suggested that people were distracted by recent news events. Brock joined the meeting at 5:00 PM. Robertson suggested forming a subcommittee to contact a wide variety of special interest groups and set up specialized field trips. Jensen, Crosson and Robertson volunteered. Navickas, reading the Forest Plan, would like a field trip to the quarry. Commission set fields trips for the second Tuesday in June, July and August (June l0th, July 8th, August 12th) from 3:00 PM to 7:00 PM. In addition, one Saturday a month will be designated for tentative specialized field trips. Main will check his calendar for available dates. Potential Commission Comment on the Mount Ashland Expansion - This agenda item is at Crosson's request. Looking at the commission's charter, she sees the possibility of the City Council asking for a recommendation. Robertson sees the commission busy with finalizing the Restoration Project. The commission asked Slocum to email Councilor Heam for his opinion. The commission noted they would need a two to three month lead time to make a comment. Eggers noted that the goals and priorities used for the proposal would be the same/for a commission Comment. Brock said that the Memorandum of Understanding with the Forest Service allows the City "full consideration" of any work done in the watershed. Commission decided the set the public hearing date for August providing Main would be ready. Nomination of Vote on Forest Lands Commission Chair and Vice Chair- Robertson has been Chair of the commission since its inception in 1992. As the commission is in the middle of a large project, Betlejewski nominated Robertson to continue as Chair. Motioned died for a lack of second. Brock nominated Crosson as Chair, but the motion was withdrawn. Eggers nominated Crosson as Chair and Jensen as Vice-Chair, Brock seconded the motion. Vote was 3-3 and therefore failed. Crosson motioned to table this agenda item until the next meeting when all the commissioners were in C:\WINDOWS\TEMP'uMAY 14.doc Vo VI. attendance. Brock seconded the motion and it passed unanimously. OTHER BUSINESS A. Smeek reported that the Federal Environmental Regulatory Commission (FERC) is requiring more trees be removed in front of Hosler Dam. The tree marking for this project will be complete next week if any commissioner would like to view it. The new waterline associated with this proj~t_ will be installed next spring. B. Crosson asked that the Restoration Project document and all public comment be available on the City website under "Forest Commission," Slocum will ask Ann Seltzer to do this. C. Commission asked Main to do demonstration markings of at least one acre before the field trips begin. D. Commission would like staff to report on the status of the Bill Hick's contract. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING A. Next scheduled meeting was set for Wednesday, May 28, 2003 from 7:00 to 8:30 PM. VII. MEETING ADJOURNED AT 6:15 PM C:\W1NDOWS\TEMPXMAY 14.doc The following is a brief summary regarding the Elks sponsored Americanism school essay contest for 2002-2003. Theme "What Does Freedom Mean to Me?" In early January, essay contest forms were passed out to all the local schools and schools in the SW District thththth from Elk Lodges. There were two categories: Division 1 (5 & 6 grades) and Division 2 (7 & 8 grades). The top three winners in each category were then sent on for the state finals. Ashland Elks Lodge placed two in the top three categories for State, Jessie Stanton placed first in State in Division 2 and Clara Fain placed second in Division 1. Both essays were then submitted for the National Contest. Jessie's essay went on to win first place in the National Contest. Our Ashland Elks Lodge is proud of the youth in our community and honored to have two youths in our community write such outstanding essays. Jessie Stanton's Essay th (Jessie is in 7 grade, and is home schooled with the assistance of the Willow Wind Community Learning Center. To go beyond dreams and pursue their birth, to comprehend each person's life as a separate entity, these are two qualities of freedom - a word with unending and undying definitions, reflective of the hopes it inspires. Its message resides within each of use, yearning to be heard. Even when suppressed by dictatorial or communistic powers, it finds ways to continue. From the passion of Patrick Henry to the vision of Martin Luther King Jr., someone always comes forward in times of adversity bearing the message of life, liberty and the pursuit of happiness. For centuries America has been the stronghold for "freedom's government," democracy. A haven for the persecuted, it has shown many people a personal definition of freedom and how mercy is more powerful than hatred. One reason free nations remain great is their citizens understand freedom's worth. We in America realize liberty comes at a price, and the only way to remain free is to stand behind our flag. Freedom is the essence of hope, and without hope we are lost. Therefore, if freedom brings about war, let us fight; if peace, let us rejoice. For although peace is a blessing, without war, free nations would not exist. Office of the Mayor Alan W. DeBoer MEMORANDUM DATE: TO: FROM: RE: I May 29, 2003 City Council Members Mayor Alan DeBoer ~/ Appointments/Reappointments to Hospital Board June 3~ 2003 Ci.ty Council Meeting Please confirm the reappointment of Jack Sabin, and appointments of Helen Smith and Neil Kunze to the Hospital Board for terms to expire June 30, 2007. In addition, the appointment of Steve Miner as an additional board member for a term to expire June 20, 2006. The Hospital Bylaws allows twelve board members, and there are currently eleven on the board. The addition of Steve Miner will bring the number of board members to twelve. Hospital Bylaws state that directors who have served on the Board for two full continuous terms are not eligible for appointment to a subsequent term, thus both Pat Acklin and Greg Williams, who have served on the Hospital Board for two full four-year terms, will not be reappointed for further terms. Attached are the letters of interest from Helen Smith, Neil Kunze and Steve Miner. City ofAshland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 ° Email: awdb@aol.com April 14, 2003 To~ Mavis Cloutier, Chair Board of Directors Ashland Community Hospital From: Helen Smith, Administrator Linda Vista Care Center I am writing to express my interest in joining the Board of Directors at Ashland Community Hospital and to give you some background about myself. I will give you a very brief background about my schooling & work history. As a child, I lived in Europe for 5 years and attended French & Italian schools. When I went to college, I continued with my studies in languages and have a B.A. in Romance Languages and an M.A. in French Literature. I set up & ran a language lab at Tuffs University for 10 years and taught elementary Italian. In the course of teaching I found students who couldn't write an essay, so I went back to school to become a pre-school Montessori teacher. I followed that profession for about 5 years and then discovered the wonderful world of Nursing Facilities. I started in the Dietary Department & learned every position. I went back to school, again, & became a Certified Dietary Manager. I held that position in two different facilities, over the course of 11 years. Then, in 1993, I went back to school one more time and became a Nursing Home Administrator. I was the Assistant Administrator at Three Fountains in Medford for 4 & ~/~ years and have been the Administrator at Linda Vista since August 1998. In the community, I have been a Rotarian since April of 1994--with a year & 1/2 LOA. I held the position of Secretary, Board member & President in the North Medford Rotary Club. I will be on the Ashland Rotary Club Board for 2003-2005. I've been on the Administrative Council at our Church. I am the Secretary of the Disabilities Recreation Project Board. With regard to reasons I would like to be a part of the Ashland Community Hospital Board, here are a few. Over the 20 years that I have worked in nursing facilities, I have seen many changes. One of the changes is in the close relationship that has developed with acute care hospitals. I feel that Linda Vista and ACH have been able to develop a very close connection and my being on the Board would allow me to act as liaison to improve our systems & communication. I feel that many changes in healthcare as a whole and in each of our settings are still to come and I would like to be able to ensure the quality and continuity of care that we provide in both settings. I am very honored that you considered me to be a part of your Board and I look forward to being able to give back to the Community through participation of your Board. Thank you again for asking me. I look forward to your reply. Sincerely, Helen F. Smith April 14, 2003 Jean Keevil, M.D. 600 Forest Street Ashland, Oregon 98720 Dear Jean, As I mentioned to you last week during our phone conversation I am honored to be considered for a position as a member of the Board of Trustees of Ashland Community Hospital. I am very much a believer in the idea that as citizens one has an obligation to give something back to one's community. As you can see from my attached brief vita, during my many years in Adzona I was a very active and engaged member of a number of local and state organizations. I am especially proud of the time I spent as the chair of the social health committee of the Flagstaff School District. I also look back with a great deal of satisfaction at my membership (gubernatorial appointment) and chair of Arizona's Department of Economic Security Advisory Council. Judee and I returned to Oregon in 1995 when I accepted a position as an academic dean here at Southern Oregon University. Now that I am semi-retired after a very busy but quite rewarding time here at SOU as dean of two schools and interim provost, I now ready to give some of my time and energy back to our local community. I believe in the mission, values and vision of Ashland Community Hospital. As a historian I especially enjoyed reading and learning more about the early history of our hospital in Kay Atwood's Ashland Community Hospital: A Century of Chanq.e. Finally, on a very personal note, after being a patient at Ashland Community Hospital for two eye surgeries (Dr. William Rodden) I can attest to the very professional care given to me by the staff at the hospital. I will be most happy to provide any additional information. Sincerely, Neil Kunze Nell Kunze 1565 Lilac Circle Ashland, Oregon 541-482-5096 (Home) 541-552-6114 (Office) Education: High School: Hillsboro High School, Hillsboro, Oregon University: B.S. and M.A., History, University of Oregon Ph.D., History, U.C.L.A. ,Employment: Northern Arizona University, Flagstaff, Arizona Professor of History Chair, Department of History Associate Dean, College of Arts and Sciences Associate Vice President for Academic Affairs Associate Provost Southern Oregon University, Ashland, Oregon Professor of History Dean, School of Social Science, Education, Health and Physical Education Interim Dean, School of Arts and Letters Interim Vice President for Academic Affairs and Provost Special Assistant to the Provost Community Activities and Memberships American Youth Hostel Board, Flagstaff, Chair Campus Christian Center, Northern Arizona University Arizona Department of Economic Security Advisory Council, Chair (Gubernatorial Appointment) Early Childhood Learning Center, Flagstaff, Chair Executive Committee, Local Cub Scout Pack, Flagstaff Congregational Church in Flagstaff and Ashland (various leadership positions) Social Health Committee, Flagstaff School District, Chair Bio for Steven J. Miner, Ashland, OR I have spent the last 5 years as Director of Research and Development for Key Technology (V.P of Engineering of SRC Vision, pre-merger). Key Technology is an $80M world-wide supplier of machine vision and factory automation equipment. As a member of the five-person executive staff} I am responsible for helping direct the activities of the company as well as having direct responsibility for some 50 engineering staff located in Medtbrd, Oregon andWalla Walla, WA. Prior to joining Key Technology, I spent 18 years in engineering and sales in the semiconductor industry in New England. I co-founded three successful companies: Kerr Energy Systems (industrial power monitoring); Quartet Technology (voice operated environmental control); and Express Electronics (semiconductor parts broker). In these businesses, I operated in various capacities in design and executive management in manufacturing, sales, marketing and operations. I graduated from the Massachusetts Institute of Technology in 1979 with a degree in Electrical Engineering and Computer Science and minors in Economics and Philosophy. I have academic and design experience in Electrical, Software, Mechanical, Ocean, and Nuclear Engineering. My wife and I spent two years researching small towns on the west coast, scouted Ashland out in 1995 and finally moved here in 1997 with our three sons (now ages 13, 14 and 17). We are trying to become more active in the community (one of the reasons this opportunity with Ashland Community Hospital is attractive to me). I am also active in volunteer work with the ScienceWorks Museum, building exhibits and assisting in direction of the business side. Regarding background that might prove useful in this undertaking: My immediate family has 3 doctors, a nurse and a Physician's Assistant (my wife, Dorothy, who works for Ashland Family Practice). Several college roommates are also doctors, so I've been somewhat attuned to the culture and vernacular for 20 years. One of my start-ups (Quartet Technology) made devices primarily for quadriplegics so I have a fair amount of experience dealing with hospitals, rehab centers and the FDA. On the "customer side", my experience is thankfully more limited: I spent 3 weeks in rather sad shape in a hospital surviving typhoid, and have some fair experience with cardiology from a long time arrhythmia. In addition, I've had the more routine exposure from attending my wife's three C-sections, and all the emergency room repairable damage three boys can do to themselves. In addition, I've dealt with end-of-life issues several times, including life-support cessation. From a business perspective, I have significant practical experience in business development and operations, and an extensive personal network of contacts for ideas and assistance. My brother, for example, has some 200 employees so we discuss unique personnel issues fairly often. I have significant project management experience, and am used to quickly assimilating large amounts of technical data and synthesizing useful direction. I have a reasonable financial and contracts background, but would consider my strengths to be in other management areas. I have heard from current board members that both the board and staff have some very capable people, so I am also quite attracted to the opportunity because of my expectations of what I might gain from the experience. A close friend served on a community hospital board--we had numerous discussions during his tenure and he highly recommended the experience to me. In my present job, I do travel about I week per month. Because the Board meets on a fairly fixed schedule, I should typically be able to schedule around that time. Certainly if I am asked to join the Board, I will take the commitment and responsibilities very seriously. Thank you for your consideration, Steve Miner April 14, 2003 To~ Mavis Cloutier, Chair Board of Directors Ashland Community Hospital From: Helen Smith, Administrator Linda Vista Care Center I am writing to express my interest in joining the Board of Directors at Ashland Community Hospital and to give you some background about myself. I will give you a very brief background about my schooling & work history. As a child, I lived in Europe for 5 years and attended French & Italian schools. When I went to college, I continued with my studies in languages and have a B.A. in Romance Languages and an M.A. in French Literature. I set up & ran a language lab at Tufts University for 10 years and taught elementary Italian. In the course of teaching I found students who couldn't write an essay, so I went back to school to become a pre-school Montessori teacher. I followed that profession for about 5 years and then discovered the wonderful world of Nursing Facilities. I started in the Dietary Department & learned every position. I went back to school, again, & became a Certified Dietary Manager. I held that position in two different facilities, over the course of 11 years. Then, in 1993, I went back to school one more time and became a Nursing Home Administrator. I was the Assistant Administrator at Three Fountains in Medford for 4 & ½ years and have been the Administrator at Linda Vista since August 1998. In the community, I have been a Rotarian since April of 1994--with a year & ½ LOA. I held the position of Secretary, Board member & President in the North Medford Rotary Club. I will be on the Ashland Rotary Club Board for 2003-2005. I've been on the Administrative Council at our Church. ! am the Secretary of the Disabilities Recreation Project Board. With regard to reasons I would like to be a part of the Ashland Community Hospital Board, here are a few. Over the 20 years that I have worked in nursing facilities, I have seen many changes. One of the changes is in the close relationship that has developed with acute care hospitals. I feel that Linda Vista and ACH have been able to develop a very close connection and my being on the Board would allow me to act as liaison to improve our systems & communication. I feel that many changes in healthcare as a whole and in each of our settings are still to come and I would like to be able to ensure the quality and continuity of care that we provide in both settings. I am very honored that you considered me to be a part of your Board and I look forward to being able to give back to the Community through participation of your Board. Thank you again for asking me. I look forward to your reply. Sincerely, Helen F. Smith April 14, 2003 Jean Keevil, M.D. 600 Forest Street Ashland, Oregon 98720 Dear Jean, As I mentioned to you last week during our phone conversation I am honored to be considered for a position as a member of the Board of Trustees of Ashland Community Hospital. I am very much a believer in the idea that as citizens one has an obligation to give something back to one's community. As you can see from my attached brief vita, during my many years in Arizona I was a very active and engaged member of a number of local and state organizations. I am especially proud of the time I spent as the chair of the social health committee of the Flagstaff School District. I also look back with a great deal of satisfaction at my membership (gubernatorial appointment) and chair of Arizona's Department of Economic Security Advisory Council. Judee and I returned to Oregon in 1995 when I accepted a position as an academic dean here at Southern Oregon University. Now that I am semi-retired after a very busy but quite rewarding time here at SOU as dean of two schools and interim provost, I now ready to give some of my time and energy back to our local community. I believe in the mission, values and vision of Ashland Community Hospital. As a historian I especially enjoyed reading and learning more about the early history of our hospital in Kay Atwood's Ashland Community Hospital: A Century of Chang.e, Finally, on a very personal note, after being a patient at Ashland Community Hospital for two eye surgeries (Dr. William Rodden) I can attest to the very professional care given to me by the staff at the hospital. I will be most happy to provide any additional information. Sincerely, Neil Kunze Neil Kunze 1565 Lilac Circle Ashland, Oregon 541-482-5096 (Home) 541-552-6114 (Office) Education: High School: Hillsboro High School, Hillsboro, Oregon University: B.S. and M.A., History, University of Oregon Ph.D., History, U.C.L.A. Employment: Northern Arizona University, Flagstaff, Arizona Professor of History Chair, Department of History Associate Dean, College of Arts and Sciences Associate Vice President for Academic Affairs Associate Provost Southern Oregon University, Ashland, Oregon Professor of History Dean, School of Social Science, Education, Health and Physical Education Interim Dean, School of Arts and Letters Interim Vice President for Academic Affairs and Provost Special Assistant to the Provost Community Activities and Memberships American Youth Hostel Board, Flagstaff, Chair Campus Christian Center, Northern Arizona University Arizona Department of Economic Security Advisory Council, Chair (Gubernatorial Appointment) Early Childhood Learning Center, Flagstaff, Chair Executive Committee, Local Cub Scout Pack, Flagstaff Congregational Church in Flagstaff and Ashland (various leadership positions) Social Health Committee, Flagstaff School District, Chair Bio for Steven J. Miner, Ashland, OR I have spent the last 5 years as Director of Research and Development fbr Key Technology (V.P of Engineering of SRC Vision, pre-merger). Key Technology is an $80M world-wide supplier of machine vision and thctory automation equipment. As a member of the five-person executive staft~ I am responsible for helping direct the activities of the company as well as having direct responsibility for some 50 engineering staff located in Medfbrd, Oregon and Walla Walla, WA. Prior to joining Key Technology, I spent 18 years in engineering and sales in the semiconductor industry in New England. I co-fbunded three successful companies: Kerr Energy Systems (industrial power monitoring); Quartet Technology (voice operated environmental control); and Express Electronics (semiconductor parts broker). In these businesses, I operated in various capacities in design and executive management in manufhcturing, sales, marketing and operations. I graduated from the Massachusetts Institute of Technology in 1979 with a degree in Electrical Engineering and Computer Science and minors in Economics and Philosophy'. I have academic and design experience in Electrical, Software, Mechanical, Ocean, and Nuclear Engineering. My wife and I spent two years researching small towns on the west coast, scouted Ashland out in 1995 and finally moved here in 1997 with our three sons (now ages 13, 14 and 17). We are trying to become more active in the community (one of the reasons this opportunity with Ashland Community Hospital is attractive to me). I am also active in volunteer work with the ScienceWorks Museum, building exhibits and assisting in direction of the business side. Regarding background that might prove useful in this undertaking: My immediate family has 3 doctors, a nurse and a Physician's Assistant (my wife, Dorothy, who works for Ashland Family Practice). Several college roommates are also doctors, so I've been somewhat attuned to the culture and vernacular for 20 years. One of my start-ups (Quartet Technology) made devices primarily for quadriplegics so I have a fair amount of experience dealing with hospitals, rehab centers and the FDA. On the "customer side", my experience is thankfully more limited: I spent 3 weeks in rather sad shape in a hospital surviving typhoid, and have some fair experience with cardiology from a long time arrhythmia. In addition, I've had the more routine exposure from attending my wife's three C-sections, and all the emergency room repairable damage three boys can do to themselves. In addition, I've dealt with end-of-life issues several times, including life-support cessation. From a business perspective, I have significant practical experience in business development and operations, and an extensive personal network of contacts for ideas and assistance. My brother, for example, has some 200 employees so we discuss unique personnel issues fairly often. I have significant project management experience, and am used to quickly assimilating large amounts of technical data and synthesizing useful direction. I have a reasonable financial and contracts background, but would consider my strengths to be in other management areas. I have heard from current board members that both the board and staff have some very capable people, so I am also quite attracted to the opportunity because of my expectations of what I might gain from the experience. A close friend served on a community hospital board--we had numerous discussions during his tenure and he highly recommended the experience to me. In my present job, I do travel about 1 week per month. Because the Board meets on a fhirly fixed schedule, I should typically be able to schedule around that time. Certainly ifI am asked to join the Board, I will take the commitment and responsibilities veps' seriously. Thank you fbr your consideration, Steve Miner CiTY OF LAND Council Communication Title: Dept: Date: Submitted By: Approved By: Synopsis: Annual Liquor License Blanket Approval City Recorder/Treasurer OjJune3, 2003 Barbara Christ¢~ Gino Grimaldi Annual approval of renewals on liquor licenses as requested by Oregon Liquor Control Commission. Recommendation: Endorse the renewal applications with the following recommendation: "The city has determined that the location of this business complies with the city's land 'use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC now proceed in the matter." Fiscal Impact: Required fee of $35 will be collected at time of renewal. Background: There are approximately 85 applications that will need to be renewed between June and September 2001J. Each requires an approval signature along with a $35.00 renewal fee',. Each application will have been reviewed to prove that they meet the city ordinance requirements for business licenses, registered as a restaurant, and filed for city's food and beverage tax, if applicable. City of Ashland 2003 Renewal for Liquor Licenses ALEX'S REST. ALBERTSON'S ALLYSON'S OF ASHLAND AMUSE REST. ARCO AM/PM ASHLAND BAKERY & CAF~ ASHLAND CREEK BAR & GRILL ASHLAND SPRINGS HOTEL ASHLAND WINE CELLAR (X2) AZTECA MEXICAN REST-RAMOS INC. ASHLAND COMMUNITY FOOD STORE BEASY'S ON THE CREEK BI-MART THE BLACK SHEEP BEAU CLUB/GEPPETTO'S BOUDASHERY BROTHERS REST. & DELI BREADBOARD REST. CLUB BO - GEPPETTO'S COZMIC PIZZA-PAR3tDISE LLC CUCINA BIAZZI ELK'S LODGE THE GARDEN-IL GIARDINO GLOBAL PANTRY NEW GOLDEN DYNASTY REST. GREENLEAF REST. (X2) THE GREAT AMERICAN PIZZA CO GOODTIMES HOUSE OF THAI CUISINE HONG KONG BAR JADE DRAGON REST. KATWOK LA CASA DEL PUEBLO LELA'S BAICERY & CAF~ LITHIA FOI/NTAIN & GRILL LOUIES BAR & GRILL LEO'S BISTRO GRILL & COFFEE BAR LOS GORDOS MACARONI'S RISTORAlqTE/MARTINO'S MI~ TERIYAKI GRILL MINUTE M3tRKET #5 MORNING GLORY MINIYTE MARKET #6 City of Ashland 2003 Renewal for Liquor Licenses MONET MUNCHIES THE NATURAL CAFE NORTHWEST PIZZA & PASTA CO OREGON CABARET THEATRE O'RYAN'S IRISH SPORTS OREGON SHAKESPEAREAN FESTIVAL OAK TREE NORTHWEST OMAR'S INC OMAR'S INC. CATERING SAFEWAY SENIOR SAMS SHOP N KART SISKIYOU MICRO-PUB SOSC STEVENSON UNION FOOD SERVICE SOUTH STAR (TEXACO) STANDING STONE BREWERY(X2) PANDA GARDEN PANGEA GRILLS & WRAPS PILAF PEERLESS GARDEN GRILLE & BRISTRO (X2) PLAZA CAF~ PIZZA HUT PLAZA INN & SUITES QUINZ Q's BAR & GRILL RITE AID DRUG STORE TABU THAI PEPPER THREE RIVERS CUISINE TOM'S GOLF SHOP VIC'S MONGOLIAN BBQ THE VINYL CLUB WILD GOOSE CAF~ & BAR WILEY'S ORGANIC PASTA, CO. WINDMILL'S ASHLAND HILLS INN WRIGHTS FOODLINER - PC MARKET 7 ELEVEN FOOD STORE CITY OF H ILAN D Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: APPROVED BY: Ambulance License Renewal Ashland Fire & Rescue June 18, 2002 Keith E. Woodley, Fire Chief Greg Scoles, City Administrator Paul Nolte, City Attorney Synopsis: Ashland Municipal Code (AMC) Chapter 6.40.110 requires ambulance service providers operating within the City of Ashland to apply annually for an ambulance operator's license. Fiscal Impact: None. Recommendation: Staff recommends approval of the request by Ashland Fire & Rescue for renewal of their · ambulance operator's license. Background Information: AMC Chapter 6.40.110 requires ambulance service providers operating within the city limits to apply annually for an operator's license. The issued license shall be valid from the date of issuance to the next following thirtieth day of June, commencing on the first day of July by ordinance. AMC Chapter 6.40.100 sets forth license requirements, all of which have been met by the applicant. CITY OF -AS H LAN D Memo TO: FROM' DEPT: RE: Greg Scoles, City Administrator Keith E. Woodley, Fire Chief ,~ Ashland Fire & Rescue Annual Ambulance Service License Renewal DATE: May 7, 2002 In compliance with AMC 6.40.120, an inspection and test of all ambulance service vehicles, equipment and fixed facilities has been completed incident to the renewal of the ambulance service operator's license of Ashland Fire & Rescue. All vehicles, equipment and facilities associated with the provision of ambulance services to the City of Ashland have been found to be in compliance with ordinance requirements. Ashland Fire & Rescue Tel: 541-482-2770 \455 S i ski you Blvd Fax: 541.488-5318 Ashland, Oregon 97520 T'I'Y: 800-735-2900 www.ashland.or, us CITY OF ASHLAND APPLICATION FOR AMBULANCE OPERATOR LICENSE AMC Ch. 6.6.40 Applicant's Name: CITY OF ASHLAND Trade Name, if any: ASHLAND FIRE & RESCUE Address: 455 Siskiyou Boulevard Ashland, OR 97520 Telephone number: (541 ) 482-2770 Ambulance descriptions Manufacturer Vin # License # 1. 1985 BRAUN BRAUN 1FDJE3OLSFHA49888 EXEMPT 2. 1992 FORD WHEELED 1FDJS34M4NHA34394 EXEMPT COACH 3. 1992 FORD LIFELINE 1FDKE30M7PHAO5945 EXEMPT 4. 1996 FORD LIFELINE 1FDKE30F8THA48282 EXEMPT 5. 1999 FORD LIFELINE 1FDXE40F2XHA00469 EXEMPT 9 Attach information showing that every proposed driver, attendant and driver-attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as required by the laws of the State of Oregon. 9Enclose with the application, the initial license fee of $300 plus $100 per ambulance. 9Enclose a performance bond in the amount of $500,000. 9Enclose an insurance policy meeting the requirements of AMC §6.40.110.7. Attach additional pages as necessary. Explain any box not checked. Submit your application and required enclosures to Barbara Christensen, City Recorder, City Hall, 20 East Main Street, Ashland, Oregon 97520. I certify that each ambulance listed above is adequate and safe for the purposes for which it is to be used and that it is equipped as required by Ashland Municipal Code Chapter 6.40 and the laws of the State of Oregon. Signature: Print name: Title: Date: CERT. NO, PAYMENT RECEIVE[:.) EXPIRATION DATE MO. DAY YR.  i<::(.'-? }t.h [:'~ !.A ,::: ,::,. d } :'5'" Chi e ~" ADMINISTRATOR I 4~?:.; ~i';i ~,:: i'v'OL:~ 'E~!vci State Healt~ Division _ 111 ~'1' ~ ..... _::%:% - ~_' -- _ _ ...... DATE MO. DA~YR, 4!55 S O f4UST BE POSTED IN A CONSPiCI!OUS Pt ACE, NOT TRANSFERABLE ADMINISTRATOR State Health Division I_ (8/87) DEPARTMENT OF HUMAN -,,-.o,.. , '""' .,,,,._ :, ;~_,, ¢. HEALTH DIVISION · 3 8 9 8 CERT. NO. PAYMENT OERT. NO. PAYMENT FiECEIVED EXPIRATION DATE MO. DAY YR. OR ':?"?'SZ 0 · _ L,_l_ I II I ' ' ..... ~fll __ I ~4UST BE POSTED IN A CONSPICUot~S P~CE -~ Nor TRANSFERABLE ADMtNtSTFtA-I'OR State Health Division :-.::,..~ 4. ,:l-~.5 Z .::,'"' 1 O"; ~'~.'- 22-2 (8!87) DEPARTMENT OF HUMAN REoOLJRCEo°~ ' :*: OREGON STATEI HEALTH' DIVISIONAUDIT NC). :"""' R(:iiEi:NC"' ,'lEI:..:, ~: ,:.::,.'~l .SE:t':~:t." ~: r:E SE,'::T:~Oi',, -' ~,,I',i)::UL ~,~'~C'[:~ ' :i:,::ENS,< 3 8 9 8 6 i, t~ 1 ,~ · .... ' .... ':1' d.* 3 PAYMENT CERT, NO, , RECEIVED 999 FORD EXPIRATION DATE MO. DAY YR. jLff, i :'3';} I ADMINISTRATOR 1 State Health Division 22-2 (81871 AMBULANCE SERVICE PERSONNEL ROSTER Service: ASHLAND FIRE AND RESCUE (1501) Last Name First Name MI Level Cert # 'Expires DL # Empl,Stat' Anders, Walt L. EMT-Basic 112485 06/30/2003 *'1955034 PFT Beck Todd E. EMT-Paramedic 124333 06/30/2003 583732'.6 PFT Boyersmith Steven P. EMT-Paramedic 120378 06/30/2003 4545965 PFT ' Burns Kelly W. EMT-Paramedic 120248 06/30/2003 5207865 PFT Case Greg I. EMT-Paramedic 113788 06/30/2003 325494.1 PFT Clayton Todd M. EMT-Paramedic 123797 06/30/2003 483672.6 PFT Cockell II Robert C. EMT-Paramedic 123943 06/30/2003 610912.0 PFT Formolo Curt J. EMT-Paramedic 118901 06/30/2003 373894.0 PFT Freiheit Matthew _-. EMT-Paramedic 121237 06/30/20031 4927105 PFT Hadden Jennifer A. EMT-Paramedic 124336 06/30/2003 3535298 PFT Hanstein David C. EMT-Paramedic 111814 06/30/2003i 252406;4 PFT Hard David K. EMT-Paramedic 127938 06/30/2003 858174.5 PFT Hollingsworth Scott M. EMT-Paramedic 113607 06/30/2003 283014.6 PFT Jones Gregory Rees EMT-Basic 110972 06/30/2003 1423603 PFT LaCoste Rod T. EMT-Paramedic 127119 06/30/2003 4322818 PFT Rogers Allan S. EMT-Paramedic 125456 06/30/2003 4777892 PFT Rosenlund Derek A. EMT-Paramedic 121067 06/30/2003 554149,8 PFT Sallee Dana S. EMT-Paramedic 116336 06/30/2003 365475;2 PFT Saurman Daniel R. EMT-Basic 109202 06/30/2003 2518612 PFT Sharkey Brent D. EMT-Paramedic 127124 06/30/2003 6110613 PFT Shepherd David G. EMT-Paramedic 123197 06/30/2003 3667291 PFT Stephens Robert W. EMT-Paramedic 123787 06/30/2003 5856509 PFT Stoy John Trent EMT-Paramedic 118911 06/30/2003 485622:7 PFT White Danial R. EMT-Basic 116422 06/30/2003 3697732 PFT Wright Robert C. EMT-Paramedic 127060 06/30/2003 6037313 PFT Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( on May 25, 2001 Walt Anders 23 Wilson Road Ashland, OR 97520-9102 Below is your new EMT-B certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there' is an error in your name or EMT-B certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-B, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (c) (d) (e) (f) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or m, isconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-B; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-B certification, please give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 112485 BASIC EXPIRES 06/30/2003 ANDERS, WALT L 23 Wilson Road Ashland, OR 97520-9102 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seQ. and is certified as an Emergency Medical Technician at the level indicated. Thom"'""as NRE~IPT.~J FI. Harpor, Jr, JO, Grant Higginson, ~O, MPH~ ~ Acting Director, Emergency Medical Services Acting Administrator, Oregon Health Division STATE OF OREGON EMERGENCY MEDICAL TE-'CHNICIAN IDENTIFICATION EMT-B CERT. # 112485 Walt Anders HT: 6' 2" HAIR: Blonde WT: 198 EYES: Hazel ATTACH PHOTO HERE EXI~~ ~P~er 46401 This certificate is the proper~y of the Oregon Health Division and must be surrendered bv thR holdRr nn Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( on May 25, 2001 Todd Beck 12735 Highway 238 Jacksonville, OR 97530 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-P certification r, umber return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or rrdsconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265;-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 124333 PARAMEDIC EXPIRES 06/30/2003 BECK, TODD E 12735 Highway 238 Jacksonville, OR 97530 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq. and is certified as an Emergency Medical Technician at the level indicated. ~ ~t~,~_~ T.o"~s ...ar~.. J,. JO, .RE~T-~ G.an, .,~,n~on,'MO,-M~.h [ Acting Director, Emergency Medical Services Actin~ Administrator Ore~on Health D'~v~'s' ion i i i ,, i io i'o I-Ij STATE OF OREGON EMERGENCY MEDICAL TFCHNICIAN IDENTIFICATION EMT-P CERT. # 124333 Todd Beck HT: 6' 1" HAIR: Dark Brown WT: 215 EYES: Blue ATTACH PHOTO HERE EX °0c :Pt [ l :ler 4 6 3 4 3. This certificate is the property of the Oregon Health Division and must be surrendered by the holder on domancl Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( on May 25, 2001 Steven Boyersmith 1055 Diamond Medford, OR 97501 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carc~lly. If there is. an error in your name or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Heath Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) ~) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician.; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/cletter. I I f27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN , CERT. # 120378 PARAMEDIC EXPIRES 06/30/2003 BOYERSMITH, STEVEN P ,o 1055 Diamond ,,~ Medford, OR 97501 ,o ,,~_ The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et ~ and is certified as an Emergency Medical Technician at the level indicated. STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 120378 Steven Boyersmith HT: 5' 11" HAIR: Dark Brown WT: 170 EYES: Green . ~ c /'k' .-~ ........ ~. ....,' ATTACH PHOTO HERE 46486 This certificate is the property el the Oregon Health Division and must Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( gon May 25, 2001 Kelly Bums 524 Drager St. Ashland, OR 97520 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate c~ei~al!y. If there is an error in your name or EMT-P certification number remm your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notil~ying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your OregOn EMT-P certification, please give us a call at 731-4011. ss/clettcr. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 120248 PARAMEDIC EXPIRES 06/30/2003 BURNS, KELLY W 524 Drager St. Ashland, OR 97520 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et sea, and is certified as an Emergency Medical Technician at the level indicated. Harper, Jr, JO, .RE~PT-~5J Grant Higginson, MO, MPHq ~ Thomas R. i IO ',~_ STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 120248 Kelly Burns HT: 6' 4" HAIR: Dark Brown WT: 200 EYES: Blue ATTACH PHOTO HERE This certificate is the property of the Oregon Health Division and must Department of Human Resources- Health Division { on EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 ° Fax (503) 731-4077 May 25, 2001 Greg Case 816 Voris Avenue Ashland, OR 97520 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-P certification number return your certificate immediately to our office with the corrections. Sendthe certificate to: Oregon Health Division, iEMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician'.; being named as a defendant in a lawsuit which alleges medical malpractice or :misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of thc certificate holder ~to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/clettrr. 1 i/27/9~ STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 113788 PARAMEDIC EXPIRES 06~30~2003 CASE, GREG I 816 Voris Avenue Ashland, OR 97520 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et ~ and is certified as an Emergency Medical Technician at the level indicated. Thorn""~as R. Harper, Jr, JO, NRE~IPT-[~5J Grant Higginson,'MO.-MPH~-- ' ~ Acting Director, Emergency Medical Services Actin~l Administrator Ore(x)n Health Division STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 113'188 Greg Case HT: 5' 9" HA[E:: Dark Brown WT: 180 EYES: Green ATTACH PHOTO HERE EX~t0~00~r 46517 This certificate is the property oi~ the Oregon ttealth Division and must be surrendered hv the hnldnr nn d~rn,~nrf Department of Human Resources- Health Division ( on EMERGENCY MEDICAL SERVICES · 800,NE Oregon Street Ste. 607 Portland, OR 97232 ° (503) 731-4011 · Fax (503) 731-4077 May 25, 2001 Robert Cockell II 1151 Tolman Creek Rd Ashland, OR 97520 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF :$10.00. Review your certificate earefially. If there is an error in' your nme or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (c) (d) (e) (f) (g) 01) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265--160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN , = CERT.// 123943 PARAMEDIC EXPIRES 06/30/2003 COCKELL II, ROBERT C 1151 Tolman Creek Rd '~' Ashland, OR 97520 '~- The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq. and is certified as an Emergency Medical Technician at the level indicated. ~ Thom""~as R. Harper. Jr, JD..REI~tPT-~5JGra. n! Higgi.n .son,'MD, Acting Direc!or, Emergency Medical Services Acting Adm~mstrator Oregon Health O~wsion STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 1239421 Robert Cockell II HT: 5' 10" HAIR: Blonde WT: 175 EYES: Blue ATTACH PHOTO HERE EX]~ ~O/l~00)~er 46531 This certificate is tho property of the Oregon Health Division and must be surrendered by the holder on demand. ' ' :i ';'Department of Human Resources--Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon street Ste. 607 Portland, OR 97232 · {503} 731-4011 · Fax (5oal 7a 1-4077 ( on May 25, 2001 Curt Formolo 1883 Valley View Medford, OR 97504 Below is your new EMT-P certificate which expires 06130/2003 . Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your cetXificate carefully. If there is an error in your .mme-orEMTq~,.. certification number re,mm, your certificate - immediately to our office with the corrections. Send the certificate to: 'Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. · IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) Co) (c) (d) (e) (0 (g) Ch) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P cert:ification, please give us a call at 731-4011. STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 118901 PARAMEDIC EXPIRF.3 06/30/2003 FORMOLO, CURT I 1883 Valley View Medford, OR 97504 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et sea_. and is certified as an Emergency Medical Technician at the level indicated. Acting Director, Emergency Meff, cal Se~:n~ Acting Admlnlstralor, Oregon 146allh OMsio~ i I i I STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P. CERT. #.118901 curt Wrmo o HT: 6' 1" HAIR: Dark Brown WT: 185. EYES: ]Brown ATTACH PHOTO HERE 4 6 513 This certificate is the property of tl~ O~egon tlealth D/vision and must be surrendered Dy the holder on demand. Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( jon May 25, 2001 Matthew Freiheit PO Box 535 Ashland, OR 97520 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error ir, your name or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (h) O) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. sslcletter. I I/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 121237 PARAMEDIC EXPIRES 06/30/2003 FREIHEIT, MATTHEW E PO Box 535 Ashland, OR 97520 The individual named above and described on the reverse of this card has completed the requirements set lorth in ORS 823.010 et seQ. and is certified as an Emergency Medical Technician at the level indicated. .................. 1-[ 1~ ! ! ic` ,_O I-o STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 121237 Matthew Freiheit HT: 6' 0" HAIl;[: Blonde WT: 180 EYES: Blue ATTAC PHOT( HERE 4631 Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( on May 25, 2001 Jennifer Hadden 1313 Mill Pond Rd Ashland, OR 97520-7321 Below is your new EMT-P certificate which expires 06/3012003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to, perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 124336 PARAN~_,DIC EXPIRES 0613012003 HADDEN, JENNIFER A ,o i'~ 1313 Mill Pond Rd Ashland, OR 97520-7321 ,o ,,~_ The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et ~ and is certified as an Emergency Medical Technician at the level indicated. Thom'"-'as NRE~PT-~~SJ R. Harper, Jr, JO, Grant Higginson, MD, MPH~ ~ Acting Director, Emergency Medical Services Acting Administrator, Oregon Health Division STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 124336 Jennifer Hadden HT: 6' 0" HAIR: Light Brown WT: 143 EYES: Hazel ATTACH PHOTO HERE 46372 This certificate is the property of tI~e Oregon Health Division and must be surrendered by the holder on domand. Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 May 25, 2001 David Hanstein 1516 Larkspur Medford, OR 97504 Below is your new EMT-P certificate which expires 06/30/2003' Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF :M0.00. Review your certifica:e carefully, If there is. an error in your name or EMT-P certification number re,urn your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, ElvIS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-.160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 111814 PARAMEDIC EXPIRES 06/30/2003 HANSTEIN, DAVID C 1516 Larkspur Medford, OR 97504 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq. and is certified as an Emergency Medical Technician at the level indicated. ~ ~ Th~as R. Harper, Jr, JO, NREI~IPT-~b'''} Grant .igginson,'MD.-MP ~--~, Acting 0irector, Emergency Medical Services Acting Administrator Oregon Hea th Division' STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 111814 David Hanstein HT: 6' 2" f t;[AIR: [)ark Brown WT: 245/~" // ,EYES: Hazel ATTACH PHOTO HERE 4644.3 This certificate is the property ot the. Oregon tlealth Division and must De surrendered by the holder on demand. Department of Human Resources ,-Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street #21 Portland, OR 97232 · (503) 7314011 · Fax (503) 731-4077 ( on February 22, 2001 David Hard 671 Spring Creek Dr Ashland, OR 97520 Congratulations on becoming an Oregon-certified EMT-P and a member of Oregon's professional prehospital emergency medical care team! The issuance of this certificate causes your previous certification level to be invalid. Your passing score on the written examination was N/A %. Below is your new EMToP certificate which expires 06/30/2003 . Please keep your certificate ina secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-P certification number return your certificate immediately to our office with 'the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 7314011. sslcletter. 11/27/95 OREGON HEALTH DIVISION ] CERT' # 127938 ~c~Px'~S 06/30/2003 HARD. D~~.~'~\\ 671 Ashland, Tho individua~a~~~~d~n the reverse of this card has ~~~~~h in ORS 823.010 A. aa~d Jester Director, Emergen~ M~I ~s Administrator. Or~ Health ~vlslon STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN HT: ,nde WT: 1! ;lue ATTACH PHOTO HERE 4311z This certificate Is the property of the Oregon Health Division and must be surrendered by the holder on demand. Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( gon May 25, 2001 Scott Hollingsworth 3077 E Main Ashland, OR 97520 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate ca,-e~ally. If there is an error in your name or EMT-P certification number rcmrn your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or nfisconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. sslclctter. 1 i/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN ,.~ CERT. # 113607 PARAMEDIC EXPIRES 06/30/2003 HOLLINGSWORTH, SCOTT M ,-o 3077 E Main Ashland, OR 97520 ,.9.o STATE OF OREGON EMERGENCY MEDICAL TFCHNICIAN IDENTIFICATION EMT-P CERT. # 113607 Scott Hollingsworth HT: 6' 2" HAIR:: Black WT: 195 EYES: Brown ATTACH PHOTO HERE I .............. IT The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et ~ and is certified as an Emergency Medical Technician at the level indicated. ~ThOmas ¢ ~'"~'~n'~r. '4~ ' NRE~PT-~LJ ~ Higginson,'MD, ~" [[ R. Harper, J, JO, Grant MPHMi ~ Actina Director, Emergency Medical Se[vices Acting Administrator, Oregon Health Division 46505 This certificate is the property of the Oregon Health Division and must be surrendered by the holder on demand. Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( gon May 25, 2001 Gregory Jones 107 N Wightman Ashland, OR 97520 Below is your new EMT-B certificate which expires 06/30/2003 Please keep your certificate in a secu~ place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-B certification number return, your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-B, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or rrfisconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-B; any physical disability lasting more than 30 days, as described in OAR 333-265;-160; any change in mental health which affects that ability of the certificate holder ti) perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-B cen:ification, please give us a call at 731-4011. sslcletter. 11/27195 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 110972 BASIC EXPIRES 06/30/2003 JONES, GREGORY R 107 Ix[ Wightman Ashland, OR 97520 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et ~ and is certified as an Emergency Medical Technician at the i I~,,II/ ~'~',,,,~'-~ ~~level indicated. ~ ~ ~ Thomas R. Harper, Jr, JD, Grant Higginson.'MD, MPH 0t Aetinn I')irnclm' I:rn,~rnnnev Mndical Services Actina Administrator OreoonXl~JHealth Division IO ic' 11:3 STATE OF OREGON EMERGENCY MEDICAL TFCHNICIAN IDENTIFICATION EMT-B CERT. # 1109'72 Gregory Jones HT: 6' 0" HAIR: Dark Brown WT: 180 EYES: Hazel ATTACH PHOTO HERE ~~'~~l~er 4G 390 .... p perty of the Oregon Health Division and must be surrendered by the holder on demand. Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES, 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 May 215, 2001 Rod Lacoste PO Box 329 Cottage Grove, OR 97424 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT.-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 3313-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. sslcletter. 11/27195 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. #127119 PARAMEDIC EXPIRES 06/30/2003 ' LACOSTE, ROD PO Box 329 Cottage Grove, OR 97424 ,_.o ',~_ The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et so~_, and is certified as an Emergency Medical Technician at the ~,. ~JA.,f,~'-'-~~-~.levelindicated' ~ ~ "-" . ...... .t.~_k ! ^ . ' - I~ I~ STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 127119 Rod Lacoste HT: 5' 11" HA[R: Blonde WT: 175 EYES: Blue EXI~RE$ ~,~[Y3~er ATT~ PH( HE 463: DePartment of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 O on May 25, 2001 Allan Rogers 1351 Flower St Medford, OR 97504 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF' $10.00. Review your certificate carefully. If there is an error in your name or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to. perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-.160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. sslcletter. 11 t27/95 Thom'"-'as R. Harper, Jr, JD, NREI~PT-~~-.j Acting Director, Emergency Medical Services STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 125456 PARAMEDIC EXPIRES 06/30/2003 ROGERS, ALLAN S 1351 Flower St ,,~ Medford, OR 97504 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq, and is certified as an Emergency Medical Technician at the level indicated. STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 125456 Allan Rogers HT: 5' 10" HAIR: Light Brown WT: 175 EYES: Brown ATTACH PHOTO HERE 4 476 This certificate is tho property of tho Oregon Health Division and must Department.of Human Resources - Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 O OYI May 25, 2001 Derek Rosenlund 642 Wilson Road Ashland, OR 97520-9324 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your cerfificatc-carefuHy. If there is an error in your name-or-EMT-P certification number return your certificate .immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon'Certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-2(;5-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 7314011. ss/cletter. 11 f27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 121067 PARAMEDIC EXPIRES 0613012003 ROSENLUND, DEREK A 642 Wilson Road Ashland, OR 97520-9324 STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seQ. and is certified as an Emergency Medical Technician at the ~" J ~'~'~"-'~~ -level indicated. ~1~ ~n. Thomas R. Harper. Jr. JO, NRE~IPT-~'J Grant Higginson,-MO.-MPH~ [~ · ' h ii' Acting Director, Emergency Medical Sen/ices Acting Administrator Oregon Healt O v s~on IDENTIFICATION EMT-P CERT. # 121067 Derek Rosenlund HT: 6' 1" HAIR: Dark Brown WT: 202 EYES: Blue / EX~ ~0~a00~e' , ATTACH PHOTO HERE 4 323 This ce~flcate is the property of the Oregon Health D/vision and must be surrendered by the holder on demand· Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES, 800 NE Oregon Street Ste. 607 Portland, OR 97232 * (503) 731-4011 · Fax (503) 731-4077 () on May 25, 2001. Dana Sallee 170 Brierwood Dr Talent, OR 97540-8618 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carel~ally. If there is an error in your name or EMT-P 'certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifyh~g the Health DiVision, IN WRITIN..G, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physiciani being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; · any change in your physical or mental health which may affect your ability to iperform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-1.60; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. " Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011-. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 116336 PARAMEDIC EXPIRES 06/30/2003 SALLEE, DANA S 170 Brierwood Dr Talent, OR 97540-8618 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 e_!t seq. and is certified as an Emergency Medical Technician at the level indicated. Thomas R. Harper, Jr, JO, NREI~IPT-~~J Grant Higginson,'MD, MPH\l ti i i i i I io 113 lc: STATE OF OREGON EMERGENCY MEDICAL TECIHNICIAN IDENTIFICATION EMT-P CERT. # 116336 Dana Sallee HT: 6' 0" HAIR: Dark Brown WT: 200 EYES: Blue ATTACH PHOTO HERE EXI~I)RI3S ~I~PI00~.~er This certificate is the property of the Oregon Health Division and must 0 fold along dotted line ITl ~o~ ~ Oz ~ Z m°~o mOT Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES, 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 May 2, 2001 Brent Sharkey 1310 Girard Ave Cottage Grove, OR 97424 ( gon Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DU'PLICATES CAN BE ISSUED FOR A FEE OF $!0.00. Review your certificate carefully. If there is an error in your name or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265.-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please., give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 127124 PARAMEDIC EXPIRES 06/30/2003 SHARKEY, BRENT D 1310 Girard Ave Cottage Grove, OR 97424 I I I ! i ! Io i~- I.~ STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 127124 Brent Sharkey HT: 5' 11" HAIR: Light Brown WT: 175 EYES: Green The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq.. and is certified as an Emergency Medical Technician at the ?r~nt Hjg, gi.ns, on,'MD, Thomas R. Harper, Jr, JD, NR£1~PT-~ -. .............. ~ _,:__ ~:___,_. r ......... m~.~,--, ~--.:--- ATTACH PHOTO HERE 43987 This cer~'ficate is the property of the Oregon Health Division and must Department of Human .Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 C on May 25, 2001 David Shepherd 4690 Avenel Ct Medford, OR 97504 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEI*_, OF $10.00. Review your certificate carefully. If there is an error in your nme or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P;~ any physical disability lasting more than 30 days, as described in OAR 332;-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please give us a call at 731-4011. ss/cletmr, i 1/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 123197 PARAMEDIC EXPIRES 06/30/2003 SHEPHERD, DAVID G 4690 Avenel Ct Medford, OR 97504 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq. and is certified as an Emergency Medical Technician at the ~ ~,.,..~"-'~~,c-~levelindicated' . ~ ~,~tl~ Thom'""'as R. Harper, Jr, JD, NRE~IPT-~~j Grant Higginson,'MD,-MPHl~-- -[~ Acting Director, Emergency Medical Services Acting Administrator, Oregon Health Division STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT./t 1:23197 David Shepherd HT: 6' 0" HAIR: Dark Brown WT: 175 EYES: Green 4649 This certilicat~ is the properly ol the Oregon Health Division and ~ surrend~r~ ~ the holder on demand. AT'FA' PHO' HEF DePartment of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503} 731-4077 l on May 25, 2001 Robert Stephens 100 Alder Street Phoenix, OR 97535-7721 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate care_fully.. If there is an error in your name or EMT-P certification number remm your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR 333-265-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-P certification, please gixie us a call at 731-4011. ss/clei~er. 11 f27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN ,.~ CERT. # 123787 PARAMEDIC EXPIRES 06/30/2003 STEPHENS, ROBERT W I00 Alder Street ,,~ Phoenix, OR 97535-7721 ,_o The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seq. and is certified as an Emergency Medical Technician at the level indicated. ~ ~ Thomas R. Harper, ,.Ir, JO, .RE~PT-~L'-}Grant Higginso., MO,-MPH~" ' ~ Acting Director, Emergency Medical Services Acting Administrator, Oregon Health Division STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 12378;7 Robert Stephens HT: 6' 0" HAIR: Light Brown WT: 219 EYES: Brown ATTACH PHOTO HERE EXPl~$~~l}~er ,46529 This certificate is the propeay of the Oregon flea~th Division and must be surrendered by the holder on demand. Department of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 { on May 25, 2001 John Stoy 955 Grandview Dr Ashland, OR 97520 Below is your new EMT-P certificate which expires 06/30/2003 Please keep your certificate in a secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-P certification number return your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, F, MS SectiOn, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-P, you are personally responsible for notifying the Health Division, E'q WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (f) (g) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-P; any physical disability lasting more than 30 days, as described in OAR.333-265;-160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome give us a call at ss/cletter. 1 !/27/95 to the team. Should you have any questions regarding your Oregon EMT-P certification, please 731-4011. STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN ,.~ CERT. # 118911 PARAMEDIC EXPIRES 06/30/2003 ,,~ STOY, JOHN T ,o 955 Grandview Dr Ashland, OR 97520 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 ~ rgL(L and is certified as an Emergency Medical Technician at the ~ ~]~,,,~'-"~.level indicated.l~~ . ~ ~f~~ Thom'-"as R. Harper, Jr, JO, NRE~IPT-~L--) Grant Higginson,'MD, MPHI~ ~ Acting Director, Emergency Medical Services Acting Administrator Oregon Health Division STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-P CERT. # 118911 John Stoy HT: 6' 1" HAIR: Dark Brown WT: 195 EYES: Blue ATTACH PHOTO HERE /EXl~lii~~l~er 4 $ 3 4 4 This certificate is the property of the Oregon Health Division and must be surrendered by the holder on demand. DePartment of Human Resources- Health Division EMERGENCY MEDICAL SERVICES · 800 NE Oregon Street Ste. 607 Portland, OR 97232 · (503) 731-4011 · Fax (503) 731-4077 ( on May 25, 2001 Daniel White PO Box 3143 Ashland, OR 97520 Below is your new EMT-B certificate which expires 06/30/2003 Please keep your certificate in a'secure place. DUPLICATES CAN BE ISSUED FOR A FEE OF $10.00. Review your certificate carefully. If there is an error in your name or EMT-B certification number remm your certificate immediately to our office with the corrections. Send the certificate to: Oregon Health Division, EMS Section, PO Box 14450, Portland OR 97214-0450 and a corrected certificate will be issued to you. IMPORTANT: As an Oregon-certified EMT-B, you are personally responsible for notifying the Health Division, IN WRITING, within 30 working days of any of the following: (a) (b) (c) (d) (e) (0 (g) (i) a change in name or home address; a change in EMS affiliation; a change in supervising physician; any restriction placed on your scope of practice by your supervising physician; being named as a defendant in a lawsuit which alleges medical malpractice or misconduct; conviction or arrest for driving under the influence or for any crime; any change in your physical or mental health which may affect your ability to perform as an EMT-B; any physical disability lasting more than 30 days, as described in OAR 333-265--160; any change in mental health which affects that ability of the certificate holder to perform all the duties of an EMT. Again, welcome to the team. Should you have any questions regarding your Oregon EMT-B certification, please give us a call at 731-4011. ss/cletter. 11/27/95 STATE OF OREGON - DEPARTMENT OF HUMAN RESOURCES OREGON HEALTH DIVISION EMERGENCY MEDICAL TECHNICIAN CERT. # 116422 BASIC EXPIRES 06/30/2003 WHITE, DANIEL R PO Box 3143 Ashland, OR 97520 The individual named above and described on the reverse of this card has completed the requirements set forth in ORS 823.010 et seQ. and is certified as an Emergency Medical Technician at the level indicated. Thomas R. Harper, Jr, JD, NRE~PT-~ Gtan! Higgins0n,'MO,-MPH~~ ~ Acting Director, Emergency Medical So.ices Acting Administralor Oregon Health Divi~s'on STATE OF OREGON EMERGENCY MEDICAL TECHNICIAN IDENTIFICATION EMT-B CERT.//116422 Daniel White ,_.o HT: 6' 2" HAIR: Dark Brown "~ WT: 185 EYES: ][llue ATTACH PHOTO HERE 45524 This certificate is the property of tho Oregon Health Division and must be svn'endered by tile holder on demand. STATE OF OREGON .: :.'' EMERGENCY MEDICAL TECHNICIAN IDE~ 'ION Brown' 43O75 This certificate is the property of the Oregon Health Division and must be surrendered by the holder on demand. OREGON HEALTH DIVISION EM ERG E~I..~~_~(';~, ~.~ [~CHNICIAN WRIGHT, gQ'~'~e,g:~g.." :.~": .'.: Boring O~'~j"a)~. ", '. i";M, · ~ .;.'- ,'it?.i,,~i. :W: ".~.', . The individuaL~a~'~,~Yd~ :r~D'btl p;, the reverse of this card has (;ompt~ke~'th~,~t~[[gmCn~ ~t f0dh ,n ORS 823. O10 et ~. :md is corhh'~d. a~ '~ E~g~i't~y, M&(J,cal Technician at th~ level ir,dic:alod "" ~ Dinor Hag, MPH Director, Emergen~ Medical Se~ices Administrator, Ore~n Health Divisi~ CITY OF kSHLAND Memo DATE:05-15-02 TO: Barbara Christensen- City Recorder FROM: Greg I. Case Fire Dept.,Div. Chief RE: Ambulance License Just a note: Here are the documents you requested. Should you need any other information please let me know and I will get it to you as soon as possible. Thank you ! _ ~ Ashland Fire & Rescue Tel: 541482-2770 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or, us AGENT DIRECT NAMED PARTICIPANT City of Ashland 20 East Main Street Ashland, OR 97520 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI(;ATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOC, UMENT. THIS CERTIFICATE DOES NOT AMEND, 'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. COMPANIES AFFORDING CovERAGE COMPANY A - City County Insurance Services (CCI.S) COMPANY B - Hartford Steam Boiler COMPANY C - Fidelity and Deposit of Maryland COMPANY D - Commonwealth of Amedca This is to certify that coverage documents listed herein have been issued to the Named Participant herein for the Coverage pedod indicated. Not withstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. Type of Coverage Certificate # Effective Date Expiration Date Limits General Liability Commercial General Liability Public Officials Liability Employment Practices Occurrence Automobile Liability Scheduled Autos Hired Autos Non-Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Non-Owned Autos Property Boiler and Machinery Excess Crime Excess Earthquake Workers' Comp. 01 LASH 01 LASH 7/1/2001 6/30/2002 General Aggregate None 7/1/2001 6/30/2002 6~30~2002 Each Occurrence 01APDASH 01PASH 7/1/2001 7/1/2001 6/30/2002 General Aggregate Each Occurrence $1,000,000 None $1,000,000 -. Per Filed Values DESCRIPTION: CERTIFICATE HOLDER CANCELLATION: Should any of the coverage documents herein be cancelled before the expiration date thereof, CCIS will endeavor to provide 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon CClS, its agents or representatives, or the issuer of this certificate. By: ¢'-) --' ", . Date: Council Communication Title: Hazard Trees Removal On City Property Dept: Ashland Fire & Rescue Date: May 27, 2003 Submitted By: Keith E. Woodley, Fire Chief Approved By: Gino Grimaldi, City Administrator Synopsis: The City will be removing some trees that pose a threat to the public and/or municipal buildings on City-owned property. This memo is written to inform Council of the project. Recommendation: For information only, no Council action required. Fiscal Impact: Cost of hazard trees removal is budgeted within the Forest Interface budget. Background: It has become necessary to remove hazard trees from city-owned property as described below: Location Description Volume Below Ashland Loop Rd. above Morton St. Dead trees near road. 2 truck loads Water Plant Road (above road) Dead trees near road. 2 truck loads Water Treatment Plant Dead trees near buildings. 5 trees Hosler Dam (adjacent to dam face) Live trees – FERC requirement 25 trees Recent insect infestations have resulted in increased tree mortality on city-owned forest lands. This development becomes a public safety concern where dead trees are located near frequently traveled roads or near inhabited buildings. In addition to these concerns, the Federal Energy Regulatory Commission is requiring some live trees to be removed adjacent to the dam face at Hosler Dam. All trees that are merchantable will be sold to a local mill. This action is part of the dam safety upgrades that the City is required to complete. Removal of these trees will allow visual inspection and observation of the dam superstructure, which is an essential element of our dam safety program. Tree removal methods will not require the use of machinery off of existing road systems. CiTY OF --ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Background: Adoption of Findings for Planning Action 2002-089, 3151-East Main Street (Annexation) Department of Community Development Planning Division June 3, 2003 John McLaughlin, Director of Commu~ty Development Maria Harris, Associate Planner 0t/I, Gino Grimaldi, City Administrator On April 1, 2003, Planning Action 2002-089, a request for Annexation and a Zoning Map Change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-1 (Employment) for a 2.2 acre parcel located at 3151 East Main Street was approved by the City Council. The applicant requested a City zoning designation of E-l, which was consistent with the property's Comprehensive Plan designation of Employment. The E-1 zone allows for a variety of commercial and light industrial uses. After final approval of the annexation, the applicant intends to construct two buildings, each approximately 4,000 square feet in size, for light manufacturing use. The findings supporting the decision of the City Council to approve this request are attached. Staff recommends that the City Council adopt the attach findings supporting their decision to approve the annexation of the 2.2 acres at 31 $1 East Main Street. At its meeting on February 11, 2003, the Planning Commission made a recommendation that the City Council approve the request for Annexation of the 2.2 acre parcel. No action is required by the City Council on the Site Review component of the application because this was approved by the Planning Commission. At the April 1, 2003 meeting, the City Council accepted testimony and reviewed evidence regarding the requested annexation. At that meeting, the Council approved the annexation request. At its meeting on February 11, 2003, the Planning Commission reviewed the application for Annexation and Zoning Map amendment from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-1 (Employment) for a 2.2 acre parcel located at 3151 East Main Street. The application also includes a request for Site Review approval for construction of two buildings for light manufacturing use. On February 11, 2003, the Planning Commission approved the Site Review request to construct two buildings for light manufacturing use. The decision of the Planning Commission on the Site Review component of the application is the final decision of the City unless appealed to the City Council. Since no appeal was filed, the Planning Commission's decision to approve Site Review is final and no action by the City Council is required. The motion by the Planning Commission included a recommendation to the City Council for approval of the Annexation request. The City Council makes the final decision with regards to Annexation. BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON April 1, 2003 IN THE MATTER OF PLANNING ACTION #2002-089, A REQUEST FOR ANNEXATION OF A 2.2 ACRE PARCEL LOCATED AT 3151 EAST MAIN STREET. THE REQUEST INCLUDS A ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING EMPLOYMENT (E-1). APPLICANT: Ely Schless and Krista Johnson ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) RECITALS: 1) Tax lot 303 of 391E12 is located at 3151 East Main Street at and is proposed to be zoned E-1 (Employment). 2) The proposal involves a request for Annexation of a 2.2 acre parcel and a Zoning Map change from Jackson County Zoning Rural Residential (RR-5) to City of Ashland Zoning Employment (E-l). The tentative plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review are on file at the Department of Community Development. 3) The criteria for approval for Annexation are described in section 18.106 as follows: An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria: ' ho Co Eo The land is within the City's Urban Growth Boundary. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The land is currently contiguous with the present City limits. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, Go o ° along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half- street standard with a minimum 20' driving surface. The City may, after assessing the impact of the development, require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication_._Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus mm-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included. For all residential annexations of four units or greater 1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five- year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. (ORD 2792, 1997) 4) The City Council, following proper public notice, held a Public Heating on April 1, 2003, at which time testimony was received and exhibits were presented. The Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Heating Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY F1NDINGS 2.1 The Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 Ashland Municipal Code Title 18, Chapter 18.106.30 provi~d~s the approval criteria for Annexation. The City Council makes the following findings with respect to the following approval criteria: A. The land is within the City's Urban Growth Boundary. The property proposed for annexation is currently located within Ashland's Urban Growth Boundary as designated on the Ashland Comprehensive Plan. Be The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The proposed zoning for the property, E-1, is consistent with the designations indicated on the Ashland Comprehensive Plan, while the proposed light manufacturing business is an allowable use in the district. C. The land is currently contiguous with the present City limits. The property is contiguous to the existing City Limits along the south property line. Adequate City facilities for the provision of water to the site as determined by the Public Works Department; the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Sewer, water and electric service will be extended to and through the project. Water and sewer lines are located in the East Main Street right-of-way adjacent to the parcel. The water line will be extended across the full length of the property frontage. The sewer line is on the north side of the street and currently is in place along the full length of the property frontage. Electric lines are available directly to the south. Run-off from the development will be directed to an area to the rear buildings and parking area. The storm water dispersion and treatment is required to be engineered and constructed in accordance with the standards of the Ashland Public Works Department. In addition, a direct discharge of storm drainage into Neil Creek requires a permit from the Oregon Department of Environmental Quality (DEQ). E. Adequate transportation can and will be provided to and through the subject property Street improvements are required upon annexation with the degree of improvement based upon the street's location relative to the annexed area. In this case, East Main Street is currently improved to Jackson County's standards. The pavement and travel lanes meet City of Ashland standards. A bicycle lane, curb, planting strip and sidewalk will be installed along the property frontage so that the street in this location meets the city standard. Fe For all residential annexations, a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90% of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included. This section does not apply to Annexations involving commercial and industrial lands. G. For all residential annexations of four units or greater: 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. This section does not apply to Annexations involving commercial and industrial lands. H. One or more of the following standards are met: The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request. The proposed parcel will be zoned E-1. At its meeting of February 11, 2003 the Planning Commission approved a Site Review application to construct two buildings, each 4,000 square feet in size, for light manufacturing use. SECTION 3. DECISION Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, the City Council we approve Planning Action # 2002-089. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) A boundary survey and a written description of the property boundaries including the East Main Street right-of-way shall be submitted for review and approval prior to completion of the annexation. 3) That the amount, quantity and type of fill in the 100-year floodplain for Neil Creek shall be determined by an Engineer and a report submitted to the Ashland Planning Department prior to completion of the annexation. If earth-moving activities involving more than 20 cubic yards have taken place in the floodplain, a Physical and Environmental Constraints Permit in accordance with Chapter 18.92 of the Ashland Land Use Ordinance shall be obtained prior to completion of the annexation. The development on the parcel in the floodplain shall be brought into conformance with the requirements of 18.62.070.A prior to completion of the annexation. 4) That the areas of raw material, rocks and fill dirt, that have been placed in the floodplain throughout the back portion of the lot shall be removed prior to completion of the annexation. 5) That the application shall be reviewed by the Airport Commission prior to completion of the annexation. CITY OF ASHLAND, OREGON By: Alan DeBoer, Mayor Date CiTY OF SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Public Hearing to consider adopting the annual budget Finance Department June 3, 2003 /)~flx Lee Tuneberg, Finance Director ~ Gino Grimaldi, City Administrator ~ ~ Synopsis: The third phase of the annual budget process is the City Council holding a public hearing and adopting the budget as approved by the Budget Committee with or without further adjustments by Council. Oregon Budget law allows the elected body to increase expenditures by $5,000 or 10% (whichever the greater) of any fund without further review and approval by the Committee. Council cannot increase the tax rate without referring the change back to the committee for approval. Changes to any fund beyond the 10% requires re-publishing the amended budget and a second hearing to be held prior to July 1. Enclosed within the packet are four actions requiring Council approval to complete this phase and "set" the budget for FY 2003-04: 1. A resolution certifying Ashland qualifies for State subventions. 2. A resolution declaring the City's election to receive State subvention revenue. 3. A resolution adopting the annual budget and making appropriations. 4. An Ordinance levying taxes for the period of July 1, 2003 - June 30, 2004. Recommendation: Staff recommends approval of the accompanying three resolutions and first reading of the. ordinance. Fiscal Impact: Establishes the budget, levies taxes and authorizes state subvention revenues to be received for FY 2003-04. Background: The Budget Committee and/or Budget Sub Committee met numerous times this winter and spring and thoroughly reviewed this budget. On May 8, 2003, the Budget Committee met and approved the budget and recommended it for adoption. The Council must take action as proscribed above to establish the FY 2003-2004 budget. The Committee approved changes are reflected within the attached memo and table. Memo CITY OF ,-ASHLAND DATE: TO: FROM: RE: June 3, 2003 Ashland City Council ~ Lee Tuneberg, Budget Officer Fiscal Year 2003-2004 Budget Message Addendum Overview I am pleased to submit the approved Fiscal year 2003-/2004 Budget in the amount of $87,432,105. The approved budget differs from that proposed in total by $133,000. A detailed accounting of the changes to the expenditure classifications follows this narrative. There were no structural revisions made to those originally proposed by management. General Fund Finance - Social Service Grants expenditures were increased $25,000 beyond the Proposed amount of $107,400 for a total of $132, 400 in FY 2003-2004. The additional $25,000 is a one-year increase and will not be re-budgeted or increased in FY 2005. Public Works - Boulevard Maintenance was deleted from the General Fund and returned to the Street Fund where it had been budgeted in prior years reducing expenditures by the total proposed amount of $151,100. The net effect across funds is zero. Transfers was increased by $133,000 from the Proposed amount of $500 to fund School athletic field maintenance in a similar fashion as the prior year. The increased amount is a transfer to the Parks & Recreation Fund where it will be expended causing the FY 2004 Appropriation level to increase by that amount. Ending Fund Balance was reduced by $6,900 to $1,315,669 as part of the above General Fund changes. Street Fund Public Works - Street Operations increased $151,100 for Boulevard Maintenance as part of the General Fund changes explained above. This amount is also a reduction in Ending Fund Balance unless there is a change in revenues to pay for this work. This change returns the expense to this fund as it had been budgeted in prior years. Electric Fund Other Financing Uses was added to the Proposed Budget funding an Interfund Loan of $400,000 to the Telecommunications Fund, Ashland Fiber-optic Network recognizing the potential of a revenue shortfall in Charges for Service. The change is a reduction of $400,000 in Electric Fund's Ending Fund Balance and there is no impact in the Telecommunications Fund appropriations since this is a change in revenue. Central Services Fund Administration Department appropriation was reduced by $73,275 to $1,131,131 reflecting a) a budget input error of $30,000 b) reduction in the Assistant Attorney wage of $20,000 and c) reduction in the amount budgeted for the City Source production of $23,275. Parks and Recreation Fund Parks Division appropriations were increased by $133,000 by authorization of the Budget Committee to reflect increased ground maintenance support to School District 5 in return for greater public access to school grounds. Recognition of the Interfund Transfer from the General Fund offset this appropriation. There were no changes to the Property Tax levies proposed by the Budget Committee. GENERAL FUND Administrative Services Administrative Services - Municipal Court Administrative Services - Senior Program Finance - Social Services Grants Finance - Economic & Cultural Grants Finance - Miscellaneous Finance - Band Police Department Fire and Rescue Department Public Works - Cemetery Division Public Works - Boulevard Maintenance Community Development - Planning Division Community Development - Building Division Transfers Contingency Ending Fund Balance TOTAL GENERAL FUND COMMUNITY DEVELOPMENT B'LOCK GRANT FUND Personal Services Materials and Services TOTAL CDBG FUND STREET FUND Public Works - Street Operations Public Works - Storm Water Operations Public Works - Transportation SDC's Public Works - Storm Water SDC's Public Works - Local Improvement Districts Contingency Ending Fund Balance TOTAL STREET FUND AIRPORT FUND Materials and Services Capital Outlay Contingency Ending Fund Balance TOTAL AIRPORT FUND CAPITAL IMPROVEMENTS FUND Materials and Services Capital Outlay Transfers Ending Fund Balance TOTAL CAPITAL IMPROVEMENTS DEBT SERVICE FUND Debt Service Ending Fund Balance WATER FUND Electric - Conservation Division Public Works - Forest Lands Management Division Public Works - Water Supply Public Works - Water Treatment Public Works - Water Distribution Public Works - Supply SDC's Public Works ~ Treatment SDC's Public Works - Distribution SDC's Debt Services Other Financing Uses (Interfund Loans) Contingency Budget Committee Recommendations Proposed Revisions Approved Revisions To Be Adopted 97,000 97,000 97,000 296,000 296,000 296,000 117,135 117,135 117,135 107,400 25,000 132,400 132,400 436,900 436,900 436,900 6,000 6,000 6,000 56,750 56,750 56,750 4,179,470 4,179.4Z0 4,179,470 4,489,004 4,489,004 4,489,004 296,890 296,890 296,890 151,100 (151,100) 976,040 976,040 976,040 744,375 744,375 744,375 500 133,000 133,500 133,500 350,000 350,000 350,000 1,322,569 (6,900) 1,315,669 1,315,669 13,627,133 13,627,133 13,627,133 45,300 45,300 45,300 611,515 611,515 611,515 656,815 656,815 656,815 3,248,460 151,100 3,399,560 3,399,560 786,250 786,250 786,250 92,400 92,400 92,400 481,400 481,400 481,400 730,700 730,700 730,700 142,000 142,000 142,000 1,216.690 (151,100) 1.065.590 1,065,590 6,697,900 - 6,697,900 - 6,697,900 89,550 89,550 89,550 370,000 370,000 370,000 5,000 5,000 5,000 4,000 4,000 4,000 468,550 468,550 468,550 18,300 18,300 18,300 500,000 500,000 500,000 341,000 341,000 341,000 429,000 429,000 429,000 1,288,300 1,288,300 1,288,300 1,178,000 1,178,000 1,178,000 264,900 264,900 264,900 1,442,900 - 1,442,900 1,442,900 169,015 169,015 169,015 428,700 428,700 428,700 423,600 423,600 423,600 725,350 725,350 725,350 2,834,510 2,834,510 2,834,510 112,500 112,500 112,500 142,000 142,000 142,000 469,100 469,100 469,100 517,100 517,100 517,100 2,275,000 2,275,000 2,275,000 180,000 180,000 180,000 Ending Fund Balance WASTEWATER FUND Public Works - Wastewater Collection Public Works - Wastewater Treatment Public Works - Collection SDC's Public Works - Treatment SDC's Debt Services Other Financing Uses (Interfund Loans) Contingency Ending Fund Balance TOTAL WASTEWATER FUND ELECTRIC FUND Electric - Conservation Division Electric - Supply Electric- Distribution Electric - Transmission Debt Service Other Financing Uses (Interfund Loans) Contingency Ending Fund Balance TOTAL ELECTRIC FUND TELECOMMUNICATIONS FUND Electric - Customer Relations\Promotions Electric - Operations Debt Services Contingency Ending Fund Balance TOTAL TELECOMMUNICATIONS FUND CENTRAL SERVICES FUND Administration Department Finance Department City Recorder Division Public Works - Administration and Engineering Public Works - Facilities and Safety Division Electric - Computer Services Division Contingency Ending Fund Balance TOTAL CENTRAL SERVICES FUND INSURANCE SERVICES FUND Personal Services Materials and Services Contingency Ending Fund Balance TOTAL INSURANCE SERVICES FUND EQUIPMENT FUND Personal Services Materials and Services Capital Outlay Contingency Ending Fund Balance TOTAL EQUIPMENT FUND CEMETERY TRUST FUND Transfers Ending Fund Balance PARKS AND RECREATION FUND Budget Committee Recommendations Proposed Revisions Approved Revisions To Be Adopted 2,784,125 2,784,125 2,784,125 11,061,000 11,061,000 11,061,000 1,366,580 1,366,580 1,366,580 1,319,450 1,319,450 1,319,450 324,500 324,500 324,500 265,000 265,000 265,000 1,807,219 1,807,_2.~1_9 1,807,219 4,275,000 4,275,000 4,275,000 154,000 154,000 154,000 1,726,251 1,726,251 1,726,251 11,238,000 11,238,000 11,238,000 453,000 453,000 4531000 6,071,300 6,0711300 6,0711300 4,259,413 4,259,413 4,259,413 1,031,324 1,031,324 1,031,324 26,100 26,100 26,100 400,000 400,000 400,000 350,000 350,000 350,000 1,163,763 (400,000) 763,763 763,763 13,354,900 13,354,900 13,354,900 147,490 147,490 147,490 2,391,600 2,391,600 2,391,600 7,202,000 7,202,000 7,202,000 75,000 75,000 75,000 269,910 269,910 269,910 10,086,000 10,086,000 10,086,000 1,204,406 (73,275) 1,131,131 1,131,131 1,541,355 1,541,355 1,541,355 159,735 159,735 159,735 1,220,700 1,220,700 1,220,700 460,850 460,850 460,850 773,005 773,005 773,005 140,000 140,000 140,000 72,549 73,275 145,824 145,824 5,572,600 5,572,600 5,572,600 1,000 1,000 1,000 743,500 743,500 743,500 112,000 112,000 112,000 156,500 156,500 156,500 1,013,000 - 11013,000 1,013,000 244,900 244,900 244,900 500,560 500,560 500,560 796,000 796,000 796,000 175,000 175,000 175,000 908,740 908,740 908,740 2,625,200 2,625,200 - 2,625,200 23,000 23,000 23,000 684,500 684,500 684,500 707,500 707,500 707,500 Budget Committee Recommendations Parks Division Recreation Division Golf Division Debt Service Transfers Contingency Ending Fund Balance TOTAL PARKS AND RECREATION FUND ASHLAND YOUTH ACTIVITIES LEVY FUND Personal Services Materials and Services Ending Fund Balance TOTAL ASHLAND YOUTH ACTIVITIES LEVY FUND Proposed Revisions Approved Revisions To Be Adopted 3,395,182 133,000 3,528,182 3,528,182 289,000 289,000 289,000 341,925 341,925 341,925 32,000 32,000 32,000 70,000 70,000 70,000 35,000 35,000 35,000 815,000 815,000 815,000 4,978,107 133,000 5,111,t07 5,111,107 87,000 87,000 87,000 1,888,200 1,888,200 1,888,200 2,000 2,000 2,000 1,977,200 1,977,200 1,977,200 270,000 270,000 270,000 234,000 234,000 234,000 504,000 504,000 504,000 87,299,105 133,000 87,432,105 87,432,105 PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay Ending Fund Balance TOTAL APPROPRIATIONS CITY OF ,ASHLAND Council Communication Title: Cable Franchise Renewal Status - Charter Dept: Legal Department Date: June 3, 2003 Submitted By: Paul Nolte 1/~/~) Approved By: Gino Grimaldi/w~ Synopsis: The 20-year cable franchise with Charter Cable expired May 19, 2003. Preliminary negotiations with cable company representatives have resulted in practically all matters being resolved. The proposed franchise (attached) comprehensively addresses the terms and conditions of the grant to the franchisee including the use of public streets and rights of way; the fees to be charged the grantee for the use of these rights of way and the financial control over verifying the fees; clear and favorable requirements for public, educational and governmental (PEG) access requirements, and complete terms for any violation or transfer of the franchise. The franchise is granted for five years and the franchisee is required to pay 5% of its gross revenue for use of the city's rights of way, the maximum permitted under federal law. The remaining significant issue with Charter is the amount of the PEG access fee. The franchise proposes to increase the PEG access fee from the current $0.60 per subscriber to $.075 to match the amount required to be paid by AFN CATV. It has recently been suggested that the fee be increased to $1.00 per subscriber or that a one-time contribution be made in the amount of $75,000 for the purpose of refurbishing the council chambers with upgraded video equipment to enhance the quality of PEG video productions in the council chambers. The breakdown of these costs is attached. Also attached is a spreadsheet of the results from other jurisdictions who have recently negotiated renewal franchises. Recommendations: Direct staff to conclude negotiations and bring back a proposed franchise for council review and approval. Fiscal Impact: The current Charter PEG access fee raises approximately $23,040 annually (based on 3,200 Charter subscribers). The proposed increase from $0.60 to $0.75 will result in an additional $5,760 for a total of $28,800 annually. A PEG access fee increase to $1.00 per subscriber produces $38,400 annually. PEG access fees are provided to RVTV who facilities the city's PEG access programming. 1- G:~egal~PAUL~Telecommunications\Cable\Cable Renewal\council report 6-1renewal status cc.wpd Background: The city's first cable franchise was entered into in May 1983 with McCaw Communications. The McCaw franchise was transferred to Cooke CableVision in February 1987, which was then re- transferred to TCI in 1990, then to Falcon Cable in July 1998. The City consented to a transfer of control of Falcon Cable to Charter Communications Holding Company, LLC in Octob~-1999. Negotiations regarding renewal of the franchise with Charter began over two years ago with the city utilizing three different city administrators during this time and with Charter having its own corporate reshuffling resulting in several Charter representatives being involved. The franchise proposed to Charter was based on the franchise negotiated with AFN CATV in 1999. At the time that franchise was approved, it was intended that the franchise be the model for future cable franchises. The city should remain competitively neutral and non-discriminatory in its negotiations regarding cable franchises. Franchises involving competing cable companies need not be identical, but the city should not require significantly more or less from one cable provider over another. 2- G:~legal\PAUL\Telecommunications\Cable\Cable Renewal\council report 6-1renewal status cc.wpd CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT Cable Services Franchise Agreement ("agreement") dated between the City of Ashland ("City")and Falcon Cable Systems Company II, L.P. ("Grantee"). Recitals: A. Grantee is one of the City's cable television franchisees by virtue of an assignment of the original 20-year cable franchise issued to McCaw Communications in May 1983. i. The McCaw franchise was transferred to Cooke CableVision in February 1987. ii. The franchise was then retransferred to TCI in 1990. iii. The franchise was retransferred again to Falcon Cable in July 1998. iv. The City consented to a transfer of control of Falcon Cable to Charter Communications Holding Company, LLC in October 1999. B. City is authorized to grant one or more nonexclusive franchises to construct, operate, and maintain a cable television system within the city limits; and C. Grantee is willing to accept this agreement and to abide by the terms and conditions; City and Grantee agree: 1. Definitions. For the purposes of this agreement, the following terms, phrases, words and their derivations shall have the meaning set forth below. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.'1. Access means the availability for noncommercial use by vadous agencies, institutions, organizations, groups and individuals in the community, including City and its designees, of the Cable System to acquire, create, receive, and distribute video, Cable Service, and signals as permitted under applicable law, including, but not limited to: 1.1.1. Public Access which means Access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users; 1.1.2. Educational Access which means Access where schools and educational institutions are the pdmary users of programming and service 1.1.3. Governmental Access which means Access where govemmental institutions are the primary users of programming and service; and 1.1.4. PEG Access which means Public Access, Educational Access, and Govemmental Access, collectively. 1.2. Access Channel means any Channel, or portion of any Channel, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. 1.3. Basic Service means any service tier which includes the retransmission of local television broadcast signals and PEG Access Channels. 1- Falcon (Charter) CATV Franchise Cable RenewaNranchise Charter 10-02-1 drafLwpd 1.4. Cable Acts means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 and any amendments, including those contained in the Telecommunications Act of 1996. 1.5. Cable Operator means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly owns a significant interest in such Cable System, or who otherwise control or are responsible for, through any a~'angement, the management and operation of such a Cable System. 1.6. Cable Service means the one-way transmission to Subscribers of video programming or other programming service and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 1.7. Cable System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming *and which is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand service; (4) an open video system that complies with federal statutes; or (5) any facilities of any electric utility used solely for operating its electric utility systems. 1.8. Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering video signal whether in an analog or digital format. This definition does not restrict the use of any channel to the transmission of analog video signals. 1.9. Downstream means the transmission from the Headend to remote points on the Cable System. 1.10. FCC means the Federal Communications Commission. 1.11. Franchise Area means the area within the city limits of Ashland as they now exist or as they may be amended in the future. 1.12. Gross Revenues means all revenues of Grantee, or any operator of the Cable System, in any way dedved from the operation of the Cable System to provide Cable Services in the Agreement Area. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for any Basic, optional, premium, per-channel, or per-program service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and administrative fees; revenues received from programmers for carriage of programming on the Cable System; revenues from rentals or sales of converters or other equipment; advertising sales revenues; revenues from program guides; and revenues from home shopping channels. The term "Gross Revenues" encompasses any and all revenue of any kind, form or nature Including franchise fees passed through by Grantee to Subscribers, except that the term does not include sales taxes Imposed by law on Subscribers that the 2- Falcon (Charter) CATV Franchise Cab~ RenewaNranchlse Charter 10-02-1 draftwpd Grantee is obligated to collect. With the exception of recovered bad debt, "Gross Revenues" shall not include bad debt. 1.13. Headend means a facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors and all other related equipment and facilities. 1.14. Interconnection means the provision by Grantee of technical, engineering, physical, and all other necessary components to maintain a physical linking of Grantee's Cable System and Cable Service or any designated Channel or signal pathway with neighboring Cable Systems, so that Cable Service of technically adequate quality may be sent to, and received from, other systems in accordance with this agreement. 1.15. Leased Access means the use of Channel capacity designated for commercial use by Persons unaffiliated with Grantee as defined in Section 612 of the Cable Act. 1.16. Origination Point means a location where Public, Educational, or Govemmental use programming is delivered to the Grantee for Upstream transmission. 1.17. Person means any individual, natural Person, sole proprietorship, partnership, association, or corporation, or any other form of entity or organization. 1.18. Public Rights of Way include, but are not limited to, streets, roads, highways, bddges, alleys, sidewalks, trails, paths, public utility easements, and all other public ways, including the subsurface under and air space over these areas, excluding parks and parkways, but only to the extent of City's right, title, interest, or authority to grant a franchise to occupy and use such streets and easements for a Cable System and only to the extent that sufficient capacity exists for a Cable System. 'Public dghts of way" shall also include any easement granted to or owned by City or County and acquired, established, dedicated, or devoted for public utility purposes. 1.19. Quarterly, or quarter, means the standard calendar pedods of January I - March 31, Apdl 1 - June 30, July I - September 30, and October 1 - December 31, unless otherwise specified in this agreement. 1.20. RVTV means Rogue Valley Community Television as administered by the Extended Campus Program of Southern Oregon University. 1.21. School means any accredited educational institution, public or pdvate, including, but not limited to, pdmary and secondary schools, and collegeS and universities. 1.22. Street means each of the following which have been dedicated to the public, or which may be dedicated to the public in the future, and maintained under public authority or by others and located within the Franchise Area: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and other public ways. 1.23. Subscriber means any Person who elects to subscribe to, for any purpose, Cable Service provided by Grantee by means of, or in connection with, the Cable System, and whose premises are physically wired and lawfully activated to receive Cable Service from Grantee's Cable System. 3- Falcon (Charter) CATV Franchise Ca~e RenewaNmnchise Charter t0-02-1 draff.wpd 1.23.1. Commercial Subscriber means any Subscriber other than a Residential Subscriber. 1.23.2. Residential Subscriber means any Person who contracts individually for Cable Service to a residence, whether that residence is a single family unit or located in a multiple dwelling unit. 1.24. Telecommunications, Telecommunications Facilities and Telecommunications Services have the same meaning as set forth in Ashland Municipal Code Title 16. 1.25. Upstream means the carrying of a transmission to the Headend from remote points on the Cable System. 2. Grant of Franchise. 2.1 Grant. 2.1.1. City grants to Grantee in the public interest a nonexclusive and revocable authorization to make lawful use of the Streets and Public Rights of Way within the Franchise Area to construct, operate, maintain, reconstruct, and repair a Cable System for the purpose of providing Cable Services. 2.1.2. This agreement is intended to convey limited rights and interests only as to those Streets and Public Rights of Way, in which the City has an actual interest. It is not a warranty of title or interest in any right-of-way, it does not provide the Grantee any interest in any particular location within the right-of-way, and it does not confer rights other than as expressly provided in this agreement. This agreement does not deprive the City of any powers, dghts, or privileges it now has, or may acquire in the future, to use, perform work on, or regulate the use and control of the City's Streets covered by this agreement, including without limitation, the right to perform work on its roadways, rights-of-way, or appurtenant drainage facilities, including constructing, altering, paving, widening, grading, or excavating. 2.1.3. This agreement is subject to the general lawful police power of City affecting matters of local govemment concern and not merely existing contractual rights of Grantee. Nothing in this agreement shall be deemed to waive the requirements of the other codes and ordinances of general applicability enacted, or which may be enacted in the future, by City. 2.1.4. This agreement authorizes Grantee to engage in providing Cable Service, as that term is defined in 47 U.S.C. Sec. 522(6) as amended. This agreement shall not be interpreted to prevent the City from imposing lawful additional conditions, including additional compensation conditions for use of the rights-of-way should Grantee provide service other than Cable Service. Nothing in this agreement shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provisions of applicable law. 2.1.5. Grantee promises and guarantees as a condition of exercising the privileges granted by this agreement, that any joint venture or partner of the Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly 4- Falcon (Charter) CATV Franchise Cab;e Renewal~ranchise Charter 10-02-1 drafLwpd involved in the management or operation'of the Cable System in the Franchise Area, will also comply with the terms and conditions of this agreement. 2.2. Use of Public Streets And Ways. Subject to City's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public Streets, including rights-of-way and public utility easements within the Franchise Area, such wires, cables, conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of a Cable System for the provision of Cable Service within the Franchise Area. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures now in effect or enacted in the future, and must obtain any and all necessary permits from the appropriate agencies of City pdor to commencing any construction activities. Grantee, through this agreement, is granted extensive and valuable rights to operate its Cable System for profit using City's public rights-of-way and public utility easements within the Franchise Area in compliance with all applicable City construction codes and procedures. As trustee for the public, City is entitled to fair compensation to be paid for these Valuable rights throughout the term of this agreement. 2.3. Duration. The term of this agreement and all rights, privileges, obligations, and restrictions pertaining to this agreement shall be from the effective date of this agreement through June 1, 2008, unless extended or terminated sooner as provided below. 2.4. Effective Date. The effective date of this agreement shall be May 20, 2003, unless Grantee fails to file an unconditional written acceptance of this agreement and post any required bond or deposit by June 20, 2003. In either event, this agreement shall be null and void, and any and all rights of Grantee to own or operate a Cable System within the Franchise Area under this agreement shall be of no force or effect. 2.5. Franchise Nonexclusive. This agreement shall be nonexclusive, and is subject to all pdor rights, interests, agreements, permits, easements or licenses granted by City to any Person to use any street, right-of-way, easements not otherwise restricted, or property for any purpose whatsoever, including .the right of City to use same for any purpose it deems fit, including the same or similar purposes allowed Grantee. City may, at any time, grant authorization to use the public rights-of-way for any purpose not incompatible with Grantee's authority under this agreement, and for such additional Franchises for Cable Systems as City deems appropriate, upon substantially equivalent terms and conditions to those contained in this agreement as City deems appropriate. 2.6. Grant of Other Franchises. 2.6.1. In the event the City enters into a franchise or other agreement of any kind with any other Person or entity other than the Grantee to enter into the City's public ways for the purpose of constructing or operating a Cable System, or providing Cable Service to any part of the Service Area in which the Grantee is actually providing Cable Service under the terms and conditions of this agreement, or is required to extend Cable Service under the provisions of section 11.2, 11.2, the matedal provisions of such other franchise or agreement shall be reasonably comparable to those contained in this agreement, in order that one operator not be granted an unfair competitive advantage over another. 5- Falcon (Charter) CATV Franchise Cable Renewanfranc~e Charter 10-02-1 draft.~)d 2.6.2. If City grants a Franchise to a third party for service to an area that Grantee is not actually serving or required to extend service to, and which has matedal provisions that are not reasonably comparable to those contained in this agreement, City shall offer Grantee a franchise to serve the same area under terms and conditions that are reasonably comparable to those set forth in the franchise agreement entered into with the third party. 2.7. Police Powers. Grantee's dghts under this agreement are subject to the lawful police powers of City to adopt and enforce ordinances necessary to the safety, health, and welfare of the general public and Grantee agrees to comply with all applicable laws and ordinances enacted, or enacted in the future, by City or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter of the enactment. 2.8. Relations to Other Provisions of Law. This agreement and all rights and privileges granted under it are subject to, and the Grantee must exercise all dghts in accordance with, applicable law as amended over the Franchise term. This agreement is a contract, subject to the City's exercise of its police and other regulatory powers and such applicable law. This agreement does not confer rights or immunities upon the Grantee other than as expressly provided in the agreement. In cases of conflict between this agreement and any ordinance of general application enacted pursuant to the City's police power, the ordinance shall govem. Nothing in this agreement, however, shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provision of applicable law. The Franchise issued and the Franchise fee paid are not in lieu of any other required permit, authorization, fee, charge, or tax, unless expressly stated in this agreement. 2.8.1. Without limiting the foregoing, by way of example and not limitation, this agreement shall not include or be a substitute for: 2.8.1.1. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City. 2.8.1.2. Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; or 2.8.1.3. Any permits or agreements for occupying any other property of the City or pdvate entities to which access is not specifically granted by this Agreement including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the City or a pdvate entity. 2.8.2. This agreement does not authorize Grantee to provide Telecommunications Services, or to construct, operate or maintain Telecommunications Facilities. This Agreement is not a bar to imposition of any conditions on Grantee with respect to Telecommunications, whether similar, different or the same as conditions specified herein. This Agreement does not relieve Grantee of its obligations to obtain an authorization to provide Telecommunications Services, or to construct, operate or maintain Telecommunications Facilities, or relieve Grantee of its obligation to comply with any such authorizations. 6- Falcon (Charter) CATV Franchise Cable Renewa~ranch~ Charter 10-02-~ dra~x~ 2.9. Effect of Acceptance. By accepting the agreement the Grantee: (1) acknowledges and accepts the City's legal right to issue and enforce the agreement; (2) agrees that it will not oppose the City's intervening or other participation in any proceeding affecting the Cable System; (3) accepts and agrees to comply with each and every provision of this agreement; and (4) agrees that the agreement was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. 3. FRANCHISE FEE AND FINANCIAL CONTROLS. 3.1. Franchise Fees. As compensation for the benefits and privileges granted under this agreement, and in consideration of permission to use City's Streets, Grantee shall pay as a Franchise fee to City, throughout the duration of this agreement, an amount equal to five percent of Grantee's Gross Revenues including the franchise fee itself, derived from the operation of the Cable System to provide Cable Service in the Franchise Area. Accrual of such Franchise fees shall commence as of the effective date of this agreement. The Franchise fees are in addition to all other fees, assessments, taxes, or payments of general applicability that the Grantee may be required to pay under any federal, state, or local law to the extent not inconsistent with applicable law. This agreement and the Franchise fees are not in lieu of any other generally applicable required permit, authorization, fee, charge, or tax. In the event any law or valid rule or regulation applicable to this franchise limits franchise fees below the five percent of gross revenues, the Grantee agrees to and shall pay the maximum permissible amount and, if such law or valid rule or regulation is later repealed or amended to allow a higher permissible amount, then the Grantee shall pay the higher amount up to the maximum allowable by law, not to exceed five percent during all affected time pedods. 3.2. Payments. Grantee's Franchise fee payments to City shall be computed quarterly. Each quarterly payment shall be due and made available to City no later than 30 days after the last day of the preceding quarter. 3.3. Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim City may have for further or additional sums payable or for the performance of any other obligation of Grantee. 3.4. Quarterly Franchise Fee Reports. Each payment shall be accompanied by a written report to City containing an accurate statement in summarized form, as well as in detail, and in a form approved by City, of Grantee's Gross Revenues and the computation of the payment amount. 3.5. Annual Franchise Fee Reports. Grantee shall, no later than 180 days after the end of each calendar year, furnish to City a statement (Audited Gross Receipts Report) stating the total amount of Gross Revenues and all payments, deductions, and computations for the pedod covered by the payments. 3.6. Audits/reviews. On an annual basis, no more frequently than every 12 months, upon 30 days prior written notice, City shall have the right to conduct an independent audit or review of Grantee's records reasonably related to the administration or enforcement of this agreement, in accordance with generally accepted accounting principles. For purposes of this section, records reasonably related to the administration and enforcement of this agreement 7- Falcon (Charter) CATV Franchise Cab~ Renewanfranch~e Charter ~o-o2-1 draft, wpd include those financial records pertaining to the number and location of cable customers within City's Urban Growth Boundary. The City may hire an independent certified public accountant to audit or review the Grantee's financial records, in which case the Grantee shall provide all necessary records to the certified public accountant. All such records shall be made available in the local offices of the Grantee. If the audit or review shows that Franchise fees have been underpaid by 3% or more, Grantee shall reimburse to City the total cost of the audit or review and the underpayment plus interest, at the rate specified in section 3.7 within 30 days of the City's wdtten demand for same. Records for audit/review purposes shall include without limitation: 3.6.1. Source documents, which demonstrate the original or beginning amount, and the final amount shown on any report related to or included in the determination of franchise fees, revenues or expenses. 3.6.2. Source documents that completely explain any and all calculations related to any allocation of any amounts involving franchise fees, revenues, or expenses. 3.6.3. Any and all accounting schedules, statements, and any other form of representation, which relate to, account for, or support or correlate to any accounts involving franchise fees, revenues or expenses. 3.7. Interest on Late Payments. In the event that a franchise fee payment or other sum is not received by the City on or before the due date, or is underpaid, the Grantee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the legal interest rate on judgments in the State of Oregon. 3.8. Alternative Remedies. If any section, subsection, paragraph, term, or provision of this Franchise agreement or any ordinance, law, or document incorporated by reference is held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such holding shall be confined in its operation to the section, subsection, paragraph, term, or provision directly involved in the controversy in which such holding shall have been rendered, and shall not in any way affect the validity of any other section, subsection, paragraph, term, or provision. Under such a circumstance the Grantee shall, upon the City's request, meet and confer with the City to consider amendments to the Franchise agreement. The purpose of the amendments shall be to place the parties, as neady as possible, in the position that they were in pdor to such determination, consistent with applicable law. In the event the parties are unable to agree to a modification of this agreement within 60 days either party may (1) seek appropriate legal remedies to amend the agreement, or (2) shorten the agreement to 36 months, at which point either party may invoke the renewal procedures under 47 U.S.C. Subsection 546. Each party agrees to participate in up to 16 hours of negotiation dudng the 60 day pedod. 3.9. Additional Commitments Not Franchise Fees. No term or condition in this agreement shall in any way modify or affect Grantee's obligation to pay Franchise fees to City. Although the total sum of Franchise fee payments and additional commitments set forth elsewhere in this agreement may total more than 5% of Grantee's Gross Revenues in any 12- month pedod, Grantee agrees that the additional commitments are not Franchise fees as defined under any federal law, to the extent not inconsistent with applicable federal law, nor are they to be offset or credited against any Franchise fee payments due to City. 8- Falcon (Charter) CATV Franchise Ca~ RenewaNmnchlse Charter 10-02-'1 draft.wixl 3.10. Costs of Publication. Grantee shall pay the reasonable cost of newspaper notices and publication pertaining to this agreement, and any amendments, including changes in control or transfers of ownership, as such notice or publication is reasonably required by City or applicable law. 3.11. Tax Liability. Payment of the Franchise fees under this agreement shall not exempt Grantee from the payment of any generally applicable license, permitfee or other generally applicable fee, tax or charge on the business, occupation, property or income of Grantee that may be imposed by City. 3.12. Payment on Termination. If this agreement terminates for any reason, the Grantee shall file with the City within 90 calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. The City reserves the right to satisfy any remaining financial ob!igations of the Grantee to the City by utilizing the funds available in a Letter of Credit or other secUdty provided by the Grantee. 4. ADMINISTRATION AND REGULATION 4.1. Authority. City is vested with the power and right to regulate the exercise of the privileges permitted by this agreement in the public interest, or to delegate that power and right to the extent permitted under state and local law, to any agent, in its sole discretion. 4.2. Rates and Cable Service shall be federal, state and local Charges. All of Grantee's rates and charges related to or regarding subject to regulation by City to the full extent authorized by applicable laws. 4.3. Rate Discrimination. All of Grantee's rates and charges shall be published and shall be nondiscriminatory as to all Persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with governing law, with similar rates and charges for all Subscribers receiving similar Cable Service, without regard to race, color, familial, ethnic or national origin, religion, age, sex, sexual orientation, marital, military or economic status, or physical or mental disability, or geographic location in the Franchise Area. Grantee shall provide equivalent Cable Service to all Residential Subscribers at similar rates and to Commercial Sbbscribers as authorized by applicable laws. Nothing in this section shall be construed to prohibit: 4.3.1. The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; 4.3.2. The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; 4.3.3. Grantee from establishing different and nondiscriminatory rates and charges for commercial Customers, as well as different nondiscriminatory monthly rates for commercial customers as allowable by federal law and regulations; or 4.3.4. Grantee from establishing different and nondiscriminatory rates and charges for Residential Subscribers as allowable by federal law and regulations. 9- Falcon (Charter) CATV Franchise CaNe Renewal~franchise Charter 10-02-1 draft.wpd 4.4. Filing of Rates and Charges. Throughout the term of this agreement, Grantee shall maintain on file with City a complete schedule of applicable rates and charges for Cable Service provided under this agreement. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns, and rates for multiple dwelling units. Grantee shall provide upon request from City a complete schedule of current rates and charges for any and all Leased Access provided by Grantee. The schedule shall include a description of the pdce, terms and conditions established by Grantee for Leased Access. 4.5. Time Limits Strictly Construed. Whenever this agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this agreement and sufficient grounds for City to invoke any relevant provision of this agreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this agreement by reason of a force majeure occurrence, such as acts of God (for example, floods, tomadoes, earthquakes or unusually severe weather conditions), Grantee's performance shall be excused dudng the force majeure occurrence. After such occurrence Grantee shall promptly perform the affected obligations under this agreement or procure a substitute for performance which is satisfactory to City. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, employees, or duly authorized agents. 5. INDEMNIFICATION. Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City and its officers, boards, commissions, duly authorized agents, and employees against any and all claims, including, but not limited to, third party claims, suits, causes of action, proceedings, and judgments for damages or equitable relief, to the extent such liability adses out of or through the acts or omissions of the Grantee adsing out of the construction, operation or repair of its Cable System regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this agreement, provided, however, the Grantee will not be obligated to indemnify City should City intervene in any proceeding regarding the grant of this agreement pursuant to section 7. Without limiting in any way the Grantee's obligation to indemnify the City and its officers, boards, commissions, duly authorized agents, and employees, as set forth above, this indemnity provision also includes damages and liabilities such as: 5.1. To persons or property, to the extent such liability adses out of or through the acts or omissions of the Grantee, its contractors, subcontractors, and their officers, employees, or duly authorized agents, or to which the Grantee's negligence or fault shall in any way contribute; 5.2. Arising out of any claim for invasion of the right of pdvacy; for defamation of any Person, firm or corporation; for the violation or infringement of any copyright, ' trademark, trade name, service mark, or patent; for a failure by the Grantee to secure consents from the owners or authorized distributors of programs to be delivered by the Cable System; or for violation of any other dght of any Person, to the extent such liability arises out of or through the acts or omissions of the Grantee, provided, however, that Grantee will not be required to indemnify City for any claims adsing out of use of PEG Access Channels by City or RVTV; 10- Falcon (Charter) CATV Franchise Cab~ Renewal~franchlse Charter 10-02-1 drafLwpd 5.3. Arising out of Grantee's failure to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Grantee with respect to any aspect of its business to which this agreement applies, to the extent such liability arises out of or through the acts or omissions of the Grantee; and 5.4. Arising from any third party suit, action or litigation, whether brought by a competitor to Grantee or by any other Person or entity, to the extent such liability arises out of or through the acts or omissions of the Grantee, whether such Person or entity does or does not have standing to bring such suit, action or litigation if such action (1) challenges the authority of the City to issue this agreement to Grantee; or (2) alleges that, in issuing this agreement to Grantee, the City has acted in a disparate or discriminatory manner. 5.5. The City shall give the Grantee timely wdtten notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity obligation in this Section. In the event any such claim adses, the City or any other indemnified party shall tender the defense to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising from the claim, and the City shall cooperate fully. Grantee shall accept or decline the tender within 30 days. Grantee shall reimburse reasonable attorney fees and costs incurred by the City dudng the 30 day pedod in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of section 11, the City may defend such claim and seek recovery from Grantee its expenses for reasonable attomey fees and disbursements, including expert witness fees, incurred by City for defense and in seeking such recovery. 6. CUSTOMER SERVICE. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice to subscribers affected and occur dudng periods of minimum use. 7. REPORTS AND RECORDS. 7.1. Open Records. 7.1.1. Grantee shall manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to City. City shall have access to, and the right to inspect, any books and records of Grantee. Grantee shall not deny City access to any of Grantee's records on the basis that Grantee's records are under the control of any parent corporation, affiliated entity or a third party. City may, in writing, request copies of any such records or books and Grantee shall provide such copies within ten business days of the transmittal of such request. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within ten business days, that City inspect them at one of Grantee's local area offices. If any books or records of Grantee are not kept in a local office, Grantee will provide or otherwise make such documents available for inspection and review at the local office within ten business days. 7.1.2. Grantee shall at all times maintain and allow City, with reasonable notice, access and the right to review a full and complete set of plans, records and "as built" maps showing the exact location of all Cable System equipment installed or in use in the 11- Falcon (Charter) CATV Franchise Cable Renewa~ranch~e Charter 10-02-1 dratt.wpd Franchise Area, exclusive of electronics, Subscriber drops and equipment provided in Subscribers' homes. These maps shall include computer maps and shall be maintained in a standard format and medium specified by the city, in sufficient detail to agreed upon by the City and the Grantee. City's review of the plans, records, and as-built maps, shall occur at the Grantee's local office, or, if the Grantee has no office within the city, then at a location within the city specified by the City. 7.1.3. The ability for City to obtain records and information from Grantee is critical to the administration of this agreement. Grantee's failure to comply with the requirements of this section may result in fines as prescribed in section. 7.2. Confidentiality. Subject to the limits of the Oregon Public Records Law, City agrees to treat as confidential any books and records that constitute proprietary or confidential information under federal or state law, to the extent Grantee makes City aware of such confidentiality. Grantee shall be responsible for cleady and conspicuously stamping the word "Confidential" on each page that contains confidential or propdetaryinformation, and shall provide a bdef wdtten explanation as to why such information is confidential under state or federal law. If City believes it must release any such confidential books and records in the course of enforcing this agreement, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. If City receives a demand from any Person for disclosure of any information designated by Grantee as confidential, City shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request bythe party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, City agrees that, to the extent permitted by state and federal law, it shall deny access to any of Grantee's books and records marked confidential as set forth above to any Person. 7.3. Copies of Federal and State Documents. Grantee shall submit to City a list, or copies of actual documents, of all pleadings, applications, notifications, communications and documents of any kind, submitted by Grantee or its parent corporations or affiliates to any federal, state or local courts; regulatory agencies or other govemment bodies if such documents specifically relate to the operations of Grantee's Cable System within the Franchise Area. Grantee shall submit such list or documents to City no later than 30 days after their filing, mailing or publication. Grantee shall not claim confidential, privileged or proprietary dghts to such documents unless under federal, state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or by a federal or state agency. To the extent allowed by law, any such confidential matedal determined to be exempt from public disclosure shall be retained in confidence by City and its duly authorized agents and shall not be made available for public inspection. 7.4. Inspection of Facilities. City may inspect upon request any of Grantee's facilities and equipment to confirm performance under this agreement at any time upon at least 24 hours notice, or, in case of an emergency, upon demand without pdor notice. 7.5. False Statements. Any intentional false or misleading statement or representation in any report required by this agreement may be deemed a material violation of this agreement and may subject Grantee to all remedies, legal or equitable, which are available to City under this agreement or otherwise. 7.6. Report Expense. All reports and records required under this or any other Section shall be furnished, without cost, to City. 12- Falcon (Charter) CATV Franchise Cable Renewan~r'anch~e Charter ~0-02-~ draff, v4:~d 8. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS. 8.1. General Definitions. With respect to purposes of this section, the following definitions will apply with respect to PEG use of the Cable System. 8.1.1. "Access Channel" means any Channel, or portion of any Channel, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. Each Access Channel shall be six MHz and must be capable of transmitting a standard analog video signal. The capacity can be used to transmit non-commercial signals in any format, and can be used to transmit: audio only, video, or other information (including, by way of example and not limitation, secondary audio, text, digital information, high-definition signals, and compressed signals.) A non-standard NTSC use shall be subject to the Grantee's prompt prior reviewand approval to ensure that the use will not cause unreasonable technical interference with other Channels. Such uses must be in furtherance of PEG uses. Additionally, there shall not be commercial use or lease of such PEG capacity without the express written permission of the Grantee. 8.1.2. "Digital Access Channel", as used in this Section, means a Channel carrying PEG continuous full-motion video programming in a digital format. Digital Access Channels shall have the same compression ratio and transmission quality as is used to carry any of the commercial Channels that deliver programming to the City in a similar format for delivery to each Subscriber. 8.1.3. "Origination Point" means a location, where PEG programming is delivered to the Grantee for Upstream transmission. 8.2. Management And Control of Access Channels. 8.2.1. City may authorize RVTV to control and manage the use of any and all Access Facilities provided by Grantee under this agreement, including, without limitation, the operation of Access Channels. To the extent of such designation by City, as between RVTV and Grantee, RVTV shall have sole and exclusive responsibility for operating and managing such Access Facilities. The City or its designee may formulate rules for the operation of the PEG Access Channels, consistent with this agreement; such rules shall not be designed to control the content of Public Access programming. Nothing in this section shall prohibit the .City from authorizing itself or others to manage or co-manage PEG Access Channels and facilities. 8.2.2. Grantee shall cooperate with the City and RVTV in the use of the Cable System and Access facilities for the provision of PEG Access. Grantee shall enter into such operating agreements with RVTV as may be necessary to facilitate and coordinate the provision of PEG Access, provided that such operating agreements shall not be inconsistent with the terms of this agreement and shall be subject to approval by the city. 8.2.3. Except as provided in this agreement, the City shall allocate Access resources only to RVTV. The Grantee shall cooperate with the City in such allocations, in such manner as the City shall direct. 13- Falcon (Charter) CATV Franchise Cable P. enewanfranchlse Charter 10-02-1 drafLwpd 8.2.4. Subject to wdtten authorization from the City, the Grantee shall have the right to use temporarily any Channel, or portion of any Channel, which is allocated under this section for PEG uses pursuant to section 61 l(d) of the Cable Act. 8.3. Channel Capacity And Use. 8.3.1. Upon the effective date of this agreement, all Access Channels provided for in this agreement are administered by the City or designee. 8.3.2. Upon the effective date of this agreement, the Grantee shall provide six Access Channels for distribution of PEG Access programming on the residential Cable System. 8.3.3. The Grantee shall provide connection of all PEG Access Channels required by this agreement to and from the Grantee's Headend and RVTV's Headends as of the effective date of this agreement. Grantee agrees to provide reconnection for RVTV's Headend if it is relocated within 12 months of the effective date of this agreement, at no charge to City or to RVTV. 8.3.4. If video programming is delivered in a digital format or the City requests that PEG Channels be digitized, then, in lieu of the Access Channels provided for in section 8.3.2, there shall be a maximum of 18 PEG continuous, full-motion video programming Digital Channels ("Digital Access Channels"). The City shall determine the number of Digital Access Channels to be activated, not to exceed 18. Finally, if all PEG video programming is delivered in digital format, the bandwidth available for PEG use shall not exceed twice the amount of bandwidth that is necessary to transmit the 18 PEG Digital Access Channels, except that the amount of capacity available beyond the amount required to transmit the eighteen 18 Digital Access Channels shall not be less than 12 MHz in any case. 8.4. Relocation of Access Channels. Grantee shall provide City with a minimum of 60 days' notice, and use its best efforts to provide 120 days notice, prior to the time PEG Access Channel designations are changed. Grantee shall consult with City prior to making a final determination regarding any changes in PEG Access Channel designations/assignments. Any new Channel designations for the PEG Access Channels provided pursuant to this agreement shall be in full compliance with FCC signal quality and proof of performance standards. 8.5. Origination Points. 8.5.1. Additional permanent Origination Points required by the City or RVTV shall be provided by Grantee within 90 days following receipt of written notice from City at the expense of City or RV'I'V. 8.5.2. By mutual agreement by City and Grantee, upon six weeks wdtten notice in advance of the scheduled cablecast, and provided that an active drop is available at the desired location, Grantee shall provide additional Origination Points on a short term basis for the live cablecast of Access Programming. The incremental, out-of-pocket costs to Grantee shall be paid for by City or RVTV. Grantee shall not be required to facilitate more than two such Origination Points in any 24 hour pedod. 14- Falcon (Charter) CATV Franchise CaNe RenewaRfi'anchlse Charter 10-02-1 draft.wpd 8.5.3. There shall be no charge to the City, nor to any other person for the use of the upstream capacity from the program odgination locations described in this section, so long as the transmissions are designed for rerouting and distribution on any PEG Channels. 8.6. Access Interconnections. 8.6.1. The Grentee shall maintain for the duration of this agreement any and all existing Interconnections of Access Channels with contiguous cable systems. 8.6.2. Grentee shall be capable of interconnection of PEG Access Channels in the Cable System and Cable Systems in Franchise Areas that are geogrephically adjacent to City, provided that City has secured the wdtten permission for such Interconnection from the regulatory authority for the adjacent Frenchise Area. The cost of such Interconnections shall be Grantee's so long as Grantee or Grantee's affiliate owns the adjacent Cable System. If the adjacent Cable System is not owned by Grantee, the cost for interconnection shall be equally shared by the two Cable Systems. 8.6.3. All Interconnections shall have the capability of transmitting and receiving PEG programming. All Interconnections shall be accomplished in a manner that permits the transmission of signals meeting the technical standards of this agreement on all interconnected Channels, consistent with section 8.10. Installation of all interconnect capacity shall be completed at the Grantee's expense, except as otherwise provided in this agreement. 8.6.4. The City, or RVTV, shall have the dght to control and schedule the operation of all interconnected Access Channels and capacity. In addition, the City, or RVTV, shall have the dght to use, at its sole discretion and at no cost, any Access Channels and capacity provided under this agreement for non-commercial purposes, in furtherance of PEG use. However, the requirement to interconnect PEG programming with adjacent Cable Systems of willing franchise authorities shall not result in an increase in the number of PEG Channels beyond the number of Access Channels provided for in section 8.3. 8.6.5. The Grantee shall take all necessary steps to ensure that technically adequate signal quality in compliance with FCC requirements are initially and continuously provided for all Access Interconnections and Origination Points. 8.7. Capital Support For Access Costs. Grantee shall provide $0.75 per month, per Residential Subscriber for capital support for PEG Access. The contribution shall be payable by the Grantee to the City after notice has been given to Grantee's subscribers and contribution has been included on subscdbere bills. The Grantee shall make its best efforts to submit the content of notice to subscribers regarding such changes to the City for review and comment at least 10 days pdor to its printing. Grantee shall make such payments quarterly, following the effective date of this agreement, for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than 45 days after the end of each quarter. Payments under this section shall be subject to the provisions in section 8.8.1. 15- Falcon (Charter) CATV Franchise CaNe RenewaRfranchLse Charter 10-02-1 draft, wpd 8.8. Access Support Not Franchise Fees. 8.8.1. The Grantee agrees that support for Access shall in no way modify or otherwise affect the Grantee's obligations to pay franchise fees to the City. The Grantee agrees that although the sum of Franchise fees and the payments set forth in this section may total more than 5% of the Grantee's Gross Revenues in any 12 month pedod, the additional commitments shall not be offset or otherwise credited in any way against any franchise fee payments under this agreement. 8.8.2. The City recognizes Franchise fees and certain additional commitments are external costs as defined under the FCC rate regulations in force at the time of adoption of this agreement and the Grantee has the right and ability to include franchise fees and certain other commitments on the bills of cable customers. 8.9. Access Channels on Lowest Available Tier. All Access Channels provided to Subscribers under this agreement shall be included by the Grantee, without limitation, as a part of the lowest available tier offered by the Grantee on its Cable System. 8.10. Change in Technology. In the event the Grantee makes any change in the Cable System and related equipment and Facilities or in the Grantee's signal delivery technology, which directly or indirectly substantially affects the signal quality or transmission of Access services or programming, the Grantee shall, at its own expense, take necessary technical steps or provide necessary technical assistance, including the acquisition of all necessary equipment, and full training of the City's or Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. 8.11. Technical Quality. The Grantee shall maintain all Upstream and Downstream Access services, Channels and Interconnections at the same level of technical quality and reliability required by this agreement and all other applicable laws, rules and regulations for Residential Subscriber Channels. The Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including modulators, associated cable and equipment in use upon the effective date of this agreement, necessary to carry a quality signal to and from the City's or RV'I'V's facilities. 8.12. Promotional Services. The Grantee shall allow the City to include two bill stuffers per year. The City or RVTV shall be responsible for the cost of pdnting its bill stuffers, the costs of inserting the information into Grantee's bills, and for any incremental postage costs. Bill stuffers must conform to Grantee's mailing requirements. Grantee shall be provided an opportunity to review and approve all PEG bill stuffers. 8.13. Channel-Identification. If requested by the City or RVTV, at City or RVTV costs, the Grantee will identify the PEG Channels and FM signal and identify the programming carded on the PEG Channels and FM signal in its pdnted and electronic programming guides, in the same manner in which it identifies the Channels and programming on Channels and audio services under its control. It is the responsibility of RVTV to provide appropriate entities with program schedules in a timely manner, and, if RVTV fails to do so for a particular Channel, the Grantee may simply identify the general type of programming carded on the Channel. Grantee will bill the City or RVTV for the costs of these listings. 16- Falcon (Charter) CATV Franchise Cab~ Renewalffranchlse Charter 10-02-1 draft.wpd 9. GENERAL STREET USE AND CONSTRUCTION. 9.1. Construction. 9.1.1. Subject to applicable laws, regulations and ordinances of City and the provisions of this agreement, Grantee may perform all construction necessary for the operation of its Cable System. All construction and maintenance of any-and all facilities within Streets incident to Grantee's Cable System shall, regardless of who performs the construction, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities within the Streets. Grantee shall pay, prior to issuance, all applicable fees of the requisite construction permits. 9.1.2. Pdor to beginning any construction, Grantee shall provide City's . Department of Public Works with a construction schedule for work in the Streets. All construction shall be performed in compliance with this agreement and all applicable City Ordinances and Codes, especially AMC Chapter 16.12 and section 16.12.090. When obtaining a permit, Grantee shall inquire in wdting about other construction currently in progress, planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or bodng. Whenever it is possible and reasonably practicabl~ to joint trench or share bores or cuts, Grantee shall work with other providers, grantees, permittees and franchisees so as to reduce as far as possible the number of Street cuts. 9.1.3. City shall have the dght to inspect all construction or installation work performed within the franchise area as it shall find necessary to .ensure compliance with the terms of this agreement and other pertinent provisions of law. 9.2. Location of Facilities. Within 48 hours after notification of any proposed Street excavation, Grantee shall, at Grantee's expense: 9.2.1. Mark on the surface all of its underground facilities within the area of the proposed excavation; 9.2.2. Notify the excavator of any unlocated underground facilities in the area of the proposed excavation; or 9.2.3. Notify the excavator that Grantee does not have any underground facilities in the vicinity of the proposed excavation. 9.3. Relocation. City shall have the right to require Grantee to change the location of any part of Grantee's Cable System within the Streets when the public convenience requires such change, and the expense shall be paid by Grantee. Should Grantee fail to remove or relocate any such facilities by the date established by City, City may effect such removal or relocation, and the expense shall be paid by Grantee, including all costs and expenses incurred by City due to Grantee's delay. If City requires Grantee to relocate its facilities located within the Streets, City shall make a reasonable effort to provide Grantee with an altemate location within the Streets. 9.4. Restoration of Streets. 17- Falcon (Charter) CATV Franchise cat~e Renewal~ranch~e Charter 10-02-1 draft.wpd 9.4.1. Whenever Grantee disturbs the surface of any Street for any purpose, Grantee shall promptly restore the Street to at least its pdor condition. When any opening is made by Grantee in a hard surface pavement in any Street, Grantee shall refill within 24 hours the opening and restore the surface to a condition satisfactory to City. 9.4.2. If Grantee excavates the surface of any Street, Grantee shall be responsible for restoration in accordance with applicable regulations of the jurisdiction within the area affected by the excavation. City may, after providing notice to Grantee, refill or repave any opening made by Grantee in the Street, and the expense shall be paid by Grantee. City may, after providing notice to Grantee, remove or repair any work done by Grantee that, in the determination of City, is inadequate. The cost, including the costs of inspection and supervision, shall be paid by Grantee. All excavations made by Grantee in the Streets shall be propedy safeguarded for the prevention of accidents. All of Grantee's work under this agreement, and this section in particular, shall be done in stdct compliance with all rules, regulations and ordinances of City. Pdor to making any Street or right-of-way cuts or openings, Grantee shall provide wdtten notice to City. 9.5. Maintenance and Workmanship. 9.5.1. Grantee's Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of City, or with any other pipes, wires, conduits, pedestals, structures, equipment or other facilities that may have been laid in the Streets by, or under, City's authority. 9.5.2. Grantee shall provide and use any equipment necessary to control and carry Grantee's cable television signals so as to prevent injury to City's property or property belonging to any Person. Grantee, at its own expense, shall repair, change and improve its facilities to keep them in good repair, and safe and presentable condition. 9.6. Reservation of City Street Rights. Nothing in this agreement shall prevent City or utilities owned, maintained or operated by public entities other than City, from constructing sewers; grading, paving, repairing or altedng any Street; repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or-prevent the use and operation of Grantee's Cable System. However, if any of Grantee's Cable System interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's Cable System shall be removed or replaced in the manner City shall direct, and City shall in no event be liable for any damage to any portion of Grantee's Cable System. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by City's written notice to Grantee, City may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred by City due to Grantee's delay. 9.7. Use of Conduits by City. City may install or affix and maintain wires and equipment owned by City for govem.rnental purposes in or upon any and all of Grantee's ducts, conduits or equipment in the Streets and other public places without charge to City, to the extent space is reasonably available, and pursuant to all applicable Ordinances and Codes. For the purposes of this subsection, "governmental purposes" includes, but is not limited to, the use of the structures and installations by City for fire, police, traffic, water, electricity, telephone, or 18- Falcon (Charter) CATV Franchise CaUe Renewa~ranc~ Charter ~0-02-~ draftwpd signal systems, but not for Cable System purposes in competition with Grantee. Grantee shall not deduct the value of such use of its facilities from its Franchise fees payable to City. 9.8. Street Vacation. If any Street or portion of any Street used by Grantee is vacated by City during the term of this agreement, unless City specifically reserves to Grantee the dght to continue its installation in the vacated Street, Grantee shall, without delay or expense to City, remove its facilities from such Street, and restore, repair or reconstruct the Street where such removal has occurred, and place the Street in such condition as may be required by City. In the event of failure, neglect or refusal of Grantee, after 30 days' notice by City, to restore, repair or reconstruct such Street, City may do such work or cause it to be done, and the reasonable cost, as found and declared by City, shall be paid by Grantee within 30 days of receipt of an invoice and documentation, and failure to make such payment shall be considered a material violation of this agreement. 9.9. Discontinuing Use of Facilities. Whenever Grantee intends to discontinue using any facility within the Streets, Grantee shall submit for City's approval a 'complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that City allow it to remain in place. Notwithstanding Grantee's request that any such facility remain in place, City may require Grantee to remove the facility from the Street or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a reasonable schedule set by City. Until such time as Grantee removes or modifies the facility as directed by City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Street, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, City may choose to use such facilities for any purpose whatsoever including, but not limited to, public, governmental, or educational purposes. 9.10. Hazardous Substances. 9.10.1. Grantee shall comply with all applicable local, state and federal laws, statutes, regulations and orders conceming hazardous substances relating to Grantee's Cable System in the Streets. 9.10.2. Grantee shall maintain and inspect its Cable System located in the Streets. Upon reasonable notice to Grantee, City may inspect Grantee's facilities in the Streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this agreement, Grantee shall also remove all residue of hazardous substances. 9.11. Undergrounding of Cable. 9.11.1. Widng. A. Where all utility lines are installed underground at the time of Cable System construction, or when such lines are subsequently placed underground, all Cable System lines or wiring and equipment shall also be placed underground 19- Falcon (Charter) CATV Franchise Cable Renewal~franchise Charter 10-02-1 draff.wpd on a nondiscriminatory basis with other utility lines services at no additional expense to the City or Subscribers, to the extent permitted by law and applicable safety codes. Cable must be installed underground where: (1) all existing utilities are placed underground, (2) statute, ordinance, policy, or other regulation requires utilities to be placed underground, or (3) all overhead utility lines are placed underground. Related Cable System equipment such as pedestals must be placed in accordance with applicable Code requirements and underground utility rules as interpreted by each City's appropriate public works official. In areas where electric or telephone utility widng is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the reasonable additional cost in excess of aerial installation. B. The Grantee shall utilize existing poles and conduit wherever possible. C. This agreement does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person without their permission. Copies of agreements for use of poles, conduits or other utility facilities must be provided upon request by the City upon demonstrated need and subject to protecting Grantee's proprietary information from disclosure to third parties. D. Whenever possible, to avoid additional wear and tear on City's Rights of Way, Grantee shall when relocating or upgrading the current cable network install additional conduit or provide additional space for a rebuilt system. Grantee may charge for use of the conduit consistent with all applicable laws. 9.11.2. Repair and Restoration of Property. A. Grantee shall protect public and private property from damage. If damage occurs the Grantee shall promptly notify the property owner within 24 hours in writing. B. If public or pdvate property is disturbed or damaged, the Grantee shall restore the property to its former condition, normal wear and tear excepted. Public right-of-way or other City property shall be restored, in a manner and within a timeframe approved by the City's Director of Public Works or other appropriate designated official. If restoration of public right-of-way or other property of the City is not satisfactorily performed within a reasonable time, the Director of Public Works or other appropriate designated official may, after pdor notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. If suit is brought upon Grantee's failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the City, then the Grantee shall pay all of the City's actual costs and expenses resulting from the non-payment, including penalties, interest from the date the bill was presented, disbursements, attorneys' fees and litigation-related 20- Falcon (Charter) CATV Franchise Cable Renewal~fmnchlse Charter 10-02-1 draft.wpd costs. Private property must be restored promptly, considering the nature of the work that must be performed and in no event later than 72 hours. C. Prior to entedng onto private property to construct, operate or repair its Cable System, Grantee shall give the Person residing on or using the property adequate written notice (such as a door hanger which clearly identifies the anticipated construction) that it intends to work on the property,-a description of the work it intends to perform and a name and phone number the Person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users. 9.11.3. Movement of Cable System For and By City. The City may remove, replace, modify or disconnect Grantee's facilities and equipment located in the public right-.of-way or on any other property of the City in the case of fire, disaster, or other emergency, or when a project or activity of the City's makes the removal, replacement, modification or disconnection necessary or less expensive for the City. Except during an emergency, the City shall attempt to provide reasonable notice to Grantee prior to taking such action and shall, when feasible, provide Grantee with the opportunity to perform such action. Following notice by the City, Grantee shall remove, replace, modify or disconnect any of its facilities or equipment within any public right-of-way, or on any other property of the City, except that the City shall provide at least 60 days' written notice of any major capital improvement project which would require the removal, replacement, modification or disconnection of Grantee's facilities or equipment. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee. Within 30 days of receipt of an itemized list of those costs, the Grantee shall pay the City. 9.11.4. Movement for Other Franchise Holders. If any removal, replacement, modification or disconnection is required to accommodate the construction, operation or repair of the facilities or equipment of another Franchise holder, Grantee shall, after at least 30 days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Those Persons shall determine how costs associated with the removal or relocation shall be allocated. 9.11.5. Movement for Other Permittees. At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The permit holder must pay the expense of such temporary changes, and Grantee may require a reasonable deposit of the estimated payment in advance. 9.11.6. Tree Trimming. Subject to acquiring prior wdtten permission of the City, the Grantee shall have the authority to trim trees that overhang a public right-of-way of the City so as to prevent the branches of such trees from coming in contact with its Cable System, in accordance with applicable codes and regulations and current, accepted professional tree tdmming practices. 9.12. Codes. Grantee shall stdctly adhere to all building and zoning codes currently in effect or in effect in the future. Grantee shall arrange its lines, cables and other appurtenances, on both public and pdvate property, in such a manner as to not cause unreasonable 21- Falcon (Charter) CATV Franchise Cable Renewanfranchlse Charter lO-O2-1 draft, wpd interference with the use of said public or private property by any Person. In the event of such interference, City may require the removal or relocation of Grantee's lines, cables, and other appurtenances, at Grantee's cost, from the property in question. 9.13. Standards. 9.13.1. All work authorized and required shall be done in a safe;-thorough and workedike manner. The Grantee must comply with all safety requirements, rules, and practices and employ all necessary devices as required by applicable law during construction, operation and repair of its Cable System. By way of illustration and not limitation, the Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. 9.13.2. Grantee shall ensure that individual Cable System drops are properly bonded to the electrical power ground at the home, and are consistent, in all respects, with the requirements of the National Electric Code and the National Electrical Safety' Code. 10. TEST AND COMPLIANCE PROCEDURES. Upon request, Grantee shall advise City of schedules and methods for testing the Cable System on a regular basis to determine compliance with the provisions of applicable FCC technical standards. Representatives of City may witness tests, and wdtten test reports may be made available to City upon request. As required by FCC Rules, Grantee shall conduct proof of performance tests and cumulative leakage index tests designed to demonstrate compliance with FCC requirements. Grantee shall provide City summary written reports of the results of such tests. 11. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION 11.1. Equivalent Service. It is Grantee's general policy that all residential dwelling units in the Franchise Area have equivalent availability to Cable Service from Grantee's Cable System under nondiscriminatory rates and reasonable terms and conditions. Grantee shall not arbitrarily refuse to provide Cable Service to any Person within its Franchise Area. 11.2. Service Availability. 11.2.1. Grantee shall provide Cable Service in new subdivisions upon the earlier of either of the following occurrences: (A) Within 60 days of the time when foundations have been installed in 50% percent of the dwelling units in any individual subdivision; or (B) Within 30 days following a request from a resident. For purposes of this section, a receipt shall be deemed to be made on the signing of a service agreement, receipt of funds by the Grantee, receipt of a written request by Grantee, or receipt by Grantee of a verified verbal request. Grantee shall provide such service: (i) With no line extension charge except as specifically authorized elsewhere in this agreement; (ii) At a nondiscriminatory installation charge for a standard installation, consisting of a drop no longer than125 feet, with additional charges for non-standard installations computed according to a nondiscriminatory methodology for such installations, adopted by Grantee and provided in wdting to City; and at nondiscriminatory monthly rates for Residential Subscribers. 22- Falcon (Charter) CATV Franchise Cable Renewal~anchlse Charter 10-02-1 drafLwpd '11.3. Required Extensions of Service. Whenever the Grantee shall receive a request for service from at least ten residences within 1320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its Cable System to such Customers at no cost to the Customers for Cable System extension, other than the usual connection fees for all Customers within 90 days, provided that such extension is technically feasible, and if it will not adversely affect the operation, of the Cable System, or as provided under section 2.6. 11.3.1. No Customer shall be refused service arbitrarily. However, for unusual circumstances, such as a Customer's request to locate a cable drop underground, existence of more than 125 feet of distance from distribution cable to connection of service to Customers, or a density of less than ten residences per 1320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining .the amount of capital contribution in aid of construction to be bome by the Grantee and Customers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1320 cable-bearing strand feet of its trunks or distribution cable and whose denominator equals ten residences. Customers who request such service will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction bome by such potential Customers be paid in advance. 11.3.2. Failure to meet these standards shall subject grantee to enforcement actions on a per Subscriber basis in section 13. 11.3.3. Connection of Public Facilities. Grantee shall, at no cost to City, provide one outlet of Basic and expanded basic programming to City' public use buildings, as designated by City, and all libraries and Schools. In addition, Grantee agrees to provide, at no cost, one outlet of Basic and expanded basic programming to all such future public buildings if the drop line to such building does not exceed 125 cable feet or if City agrees to pay the incremental cost of such drop line in excess of 125 feet, including the cost of such excess labor and materials. Outlets of Basic and expanded basic programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Cost for any additional outlets shall be the responsibility of City. 12. STANDBY POWER. Grantee shall provide standby power generating capacity at the Cable System Headend capable of providing at least 12 hours of emergency operation. Grantee shall maintain standby power system supplies, to the node, rated for at least two hours duration. In addition, throughout the term of this agreement, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with outages of more than two hours. This outage plan and evidence of requisite implementation resources shall be presented to City no later than 90 days following the effective date of this agreement. 13. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE. 13.1. Procedure For Remedying Franchise Violations. 23- Falcon (Charter) CATV Franchise Cable Renewal~ranchlse Charter 10-02-1 drafl, wpd 13.1.1. If City believes that Grantee has failed to perform any obligation under this agreement or has failed to perform in a timely manner, City shall notify Grantee in wdting, stating with reasonable specificity the nature of the alleged violation. 13.1.2. The City must provide wdtten notice of a violation. Upon receipt of notice, the Grantee will have a pedod of 30 days to cure the violation or 30 days to present to the City a reasonable remedial plan. The City shall, with Grantee's consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in the event that either a cure has not occurred within 30 days or the City rejects the remedial plan. The procedures provided in section 13 shall be utilized to impose any fines. The date of violation will be the date of the event and not the date Grantee receives notice of the violation provided, however, that if City has actual knowledge of the violation and fails to give the Grantee the notice, then the date of the violation shall be no earlier than ten business days before the City gives Grantee the notice of the violation. Grantee shall have 30 calendar days from the date of receipt of such notice to: 13.1.2.1. Respond to City, contesting City's assertion that a violation has occurred, and requesting a headng in accordance with subsection 13.1.5, or; 13'. 1.2.2. Cure the violation, or; 13.1.2.3. Notify City that Grantee cannot cure the violation within the thirty 30 days, and notify the City in writing of what steps the Grantee shall take to cure the violation including the Grantee's projected completion date for such cure. In such case, City shall set a headng date within 30 days of receipt of sUch response in accordance with section 13.1.3. 13.1.3. In the event that the Grantee notifies the City that it cannot cure the violation within the 30 day cure period, City shall, within thirty 30 days of City's receipt of such notice, set a hearing. At the hearing, City shall review and determine whether the Grantee has taken reasonable steps to cure the violation and whether the Grantee's proposed plan and completion date for cure are reasonable. In the event such plan and completion date are determined by mutual consent to be reasonable, the same may be approved by the City, who may waive all or part of the fines for such extended cure pedod in accordance with the cdteda set forth in section 13.1.7. 13.1.4. In the event that the Grantee fails to cure the violation within the 30 day basic cure pedod, or within an extended cure pedod approved by the City pursuant to section 13.1.3, the City shall set a hearing to determine what fines, if any, shall be applied. 13.1.5. In the event that the Grantee contests the City's assertion that a violation has occurred, and requests a hearing in accordance with section 13.1.2.1, the City shall set a hearing within 60 days of the City's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what fines shall be applied. 13.1.6. In the case of any hearing pursuant to this section, City shall notify Grantee of the hearing in writing and at the hearing, Grantee shall be provided an 24- Falcon (Charter) CATV Franchise Cable Renewal~franchlse Charter 10-02-1 draftwpd opportunity to be heard, examine City's witnesses, and to present evidence in its defense. The City may also hear any other person interested in the subject, and may provide additional headng procedures as City deems appropriate. 13.1.7. The fines set forth in section 13.2 may be reduced at the discretion of the City, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: -- (A) Whether the violation was unintentional; (B) The nature of the harm which resulted; (C) Whether there is a history of prior violations of the same or other requirements; (D) Whether there is a history of overall compliance, or; (E) Whether the violation was voluntarily disclosed, admitted or cured. 13.1.8. If, after the headng, City determines that a violation exists, City may use one or more of the following remedies: (A) Order Grantee to correct or remedy the violation within a reasonable time frame as City shall determine; (B) Establish the amount of fine set forth in section 13.2, taking into consideration the cdteda provided for in section 13.1.7 of this section as appropriate in City's discretion; (C) Revoke this agreement, or; (D) Pursue any other legal or equitable remedy available under this agreement or any applicable law. · 13.2. Fines. 13.2.1. Failure to comply with provisions of the agreement may result in injury to City. It will be difficult to accurately estimate the extent of such injury. Therefore, the financial penalty provisions of this agreement are intended as a reasonable forecast of compensation to City for the harm caused by violation of this agreement, including but not limited to administrative expense,.legal fees, publication of notices, and holding of a headng or headngs as provided in this agreement. 13.2.2. Collection of Fines. The collection of fines by the City shall in no respect affect: (A) Compensation owed to Subscribers; or (B) The Grantee's obligation to comply with all of the provisions of this agreement or applicable law; or (C) Other remedies available to the City. 13.3. Revocation. In addition to all other rights and powers retained by the City under this agreement or otherwise, the City reserves the dght to forfeit and terminate this agreement and all dghts and privileges of the Grantee, in whole or in part, in the event of a material violation of its terms and conditions. A material violation by the Grantee shall include, but shall not be limited to the following: 25- Falcon (Charter) CATV Franchise Cable RenewalWanchlse Charter 10-02-1 draft.wpd 13.3.1. Violation of any material provision of this agreement or any other agreement between City and Grantee, or any material rule, order, regulation, standard or determination of the City or authorized agent made pursuant to this agreement or other agreement; 13.3.2. Attempt to evade any material provision of this agreement or to practice any fraud or deceit upon the City or its Subscribers or customers; 13.3.3. Failure to restore service after 48 consecutive hours of interrupted service system-wide, except when approval of such interruption is obtained from the City; 13.3.4. Material misrepresentation of fact in the application for or negotiation of this agreement, or; 13.3.5. If Grantee becomes insolvent, or the subject of a bankruptcy proceeding. 13.4. Relationship of Remedies. 13.4.1. Remedies are Non-exclusive. The remedies provided for in this agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another remedy, or the exercise of any rights of the City at law or equity provided that the cumulative remedies may not be disproportionate to the magnitude and sevedty for the breach for which they are imposed. By way of example and not limitation, the collection of fines by City shall in no respect affect: (A) Compensation owed to subscribers; or (B) Grantee's obligation to comply with the provisions of this agreement or applicable law. 13.4.2. No Election of Remedies. Without limitation, the recovery of amounts under the insurance, indemnity or penalty provisions of this agreement shall not be construed as any of the following: an election of remedies; a limit on the liability of Grantee under the agreement for fines or otherwise; or an excuse of faithful performance by Grantee. 13.5. Removal. 13.5.1. In the event of termination, expiration or revocation of this agreement, City may order the removal of the above-ground Cable System facilities and such underground facilities as required by City in order to achieve reasonable engineering or Street-use purposes, from the Franchise Area at Grantee's sole expense within a reasonable pedod of time as determined by City. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Streets, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment. 13.5.2. If Grantee fails to complete any required removal to the satisfaction of City, City may cause the work to be done and Grantee shall reimburse City for the reasonable costs incurred within 30 days after receipt of an itemized list of the costs. 26- Falcon (Charter) CATV Franchise Came Renewal~ranchlse Charter 10-02-1 draft.wpd 13.6. Receivership and Foreclosure. 13.6.1. At the option of City, subject to applicable law, this agreement may be revoked 120 days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless: (A) The receivership or trusteeship is vacated within 120 days of appointment, or; (B) The receiver or trustee has, within 120 days after their election or appointment, fully complied with all the terms and provisions of this agreement, and have remedied all violations under the agreement. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction,- by which the receiver or trustee assumes and agreea to be bound by each and every term and provision Of this agreement. 13.6.2. If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Grantee, City may serve notice of revocation on Grantee and to the purchaser at the sale, and the dghts and privileges of Grantee under this agreement shall be revoked 30 days after service of such notice, unless: (A) City has approved the transfer of the agreement, in accordance with the procedures set forth in this agreement and as provided by law; and (B) The purchaser has agreed with City to assume and be bound by all of the terms and conditions of this agreement. 13.7. No Recourse Against City. Grantee shall not have any monetary recourse against City or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages adsing out of any provision or requirement of this agreement or its enforcement, in accordance with the provisions of applicable federal, state and local law. The rights of the City under this agreement are in addition to, and shall not be read to limit, any rights or immunities the City may enjoy under federal, state or local law. 13.8. Nonenforcement by City. Grantee is not relieved of its obligation to comply with any of the provisions of this agreement by reason of, any failure of City to enforce prompt compliance. City's forbearance or failure to enforce any provision of this agreement shall not serve as a basis to stop any subsequent enforcement. The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this agreement or any applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Any waiver of a violation is not a waiver of any other violation, whether similar or different from that waived. 14. ABANDONMENT 14.1. Effect of Abandonment. If the Grantee abandons its System during the agreement term, or fails to operate its Cable System in accordance with its duty to provide continuous service, the City, at its option, mayoperate the Cable System; designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the City or until the agreement is revoked and a new Franchise is 27- Falcon (Charter) CATV Franchise Cable RenewaNmnchlse Charter 10-02-1 draft.wpd selected by the City; or obtain an injunction requiring the Grantee to continue operations. If the City is required to operate or designate another entity to operate the Cable System, the Grantee shall reimburse the City or its designee for all reasonable costs, expenses and damages incurred. 14.2. What Constitutes Abandonment. The City shall be entitled to exercise its options and obtain any required injunctive relief if: _4_ 14.2.1. The Grantee fails to provide Cable Service in accordance with this agreement to the Franchise Area for 96 consecutive hours, unless the City authorizes a longer interruption of service, except if such failure to provide service is due to a force majeure occurrence, as described in section 4.5; or 14.2.2. The Grantee, for any period, willfully and without cause refuses to provide Cable Service in accordance with this agreement. 15. FRANCHISE RENEWAL AND TRANSFER. 15.1. Renewal. 15.1.1. Any proceedings undertaken by the City that relate to the renewal of Grantee's agreement shall be govemed by and comply with the provisions of the Cable Act (47 USC {}546), unless the procedures and substantive protections there set forth shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law. 15.1.2. In addition to the procedures set forth in the Cable Act, the City agrees to notify Grantee of the completion of its assessments regarding the identification of future cable-related community needs and interests, as well as the past performance of Grantee under the then current Franchise term. Notwithstanding anything to the contrary set forth in this agreement, City and Grantee agree, that at any time during the term of the then current agreement, while affording the public adequate notice and opportunity for comment, City and Grantee may agree to undertake and finalize negotiations regarding renewal of the then current agreement and the City may grant a renewal. Grantee and City consider the terms set forth in this section to be consistent with the express provisions of the Cable Act. 15.2. Transfer of Ownership or Control. 15.2.1. The Cable System and this agreement shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, nor shall the title, either legal or equitable, or any dght, interest, or property pass to or vest in any Person or entity, without the pdor written consent of the City, which consent shall not be unreasonably withheld. Grantee shall reimburse the city for all direct and indirect fees, costs, and expenses reasonably incurred by the city in considering a request to transfer or assign the Cable System or this agreement. 15.2.2. The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used is this section is not limited to majodty stockholders but includes 28- Falcon (Charter) CATV Franchise Cable Renewal~ranchise Charter 1002-1 drafLwpd actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise on the acquisition or accumulation by any Person or group of Persons of 10% of the shares or the general partnership interest in the Grantee, except that this sentence shall not apply in the case of a transfer to any Person or group already owning at least a 10% interest of the shares or the general partnership interest in the Grantee. Every change, transfer or acquisition of control of the Grantee shall make this agreement subject to cancellation unless and until the City shall have consented. 15.2.3. The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the city. 15.2.4. The City shall render a final written decision on the request within 120 days of the request, provided it has received all requested information. Subject to the foregoing, .if the City fails to render a final decision on the request within 120 days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. 15.2.5. Within 30 days of any transfer or sale, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee. 15.2.6. In reviewing a request for sale or transfer, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or transfer upon such terms and conditions as it deems reasonably appropriate, provided, however, any such terms and conditions so attached shall be related to the legal, technical, and financial qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this agreement by Grantee. 15.2.7. The consent or approval of the City to any transfer by the Grantee shall not constitute a waiver or release of any dghts of the City, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this agreement. 15.2.8. Notwithstanding anything to the contrary in this section, the prior approval of the City shall not be required for any sale, assignment or transfer of the agreement or Cable System for cable television system usage to an entity controlling, controlled by or under the same common control as Grantee provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in wdting to comply with all provisions of the agreement. 16. SEVERABILITY. If any section, subsection, paragraph, term or provision of this agreement is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction, such determination shall have no effect on the validity of any other section, subsection, paragraph, term or provision of this agreement, all of which will remain in full force and effect for the term of the agreement. 29- Falcon (Charter) CATV Franchise Cable Renewal~ranchlse Charter 10-02-1 draft.wpd 17. MISCELLANEOUS PROVISIONS. 17.1. Preferential or Discriminatory Practices Prohibited. Grantee shall not discriminate in hiring, employment or promotion on the basis of race, color, creed, ethnic or national origin, religion, age, sex, sexual orientation, marital status, or physical or mental disability. Throughout the term of this agreement, Grantee shall fully comply with all equal employment or nondiscrimination provisions and requirements of federal, stateand local law and, in particular, FCC rules and regulations. 17.2. Dispute Resolution. Should a dispute arise between the parties concerning any aspect of this agreement which is not resolved by mutual agreement of the parties, and unless either party believes in good faith that injunctive relief is warranted, the dispute will be submitted to mediated negotiation prior to any party commencing litigation. In such event, the City and Grantee agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties. In the absence of such mutual agreement, each party shall select a temporary mediator,'and those mediators shall jointly select a permanent mediator. If the parties are unable to successfully conclude the mediation within 45 days from the date of the selection of the mediator, either party may terminate further mediation by sending written notice to the other. After written notice has been received by the other party, either party may pursue whatever legal remedies exist. All costs associated with mediation shall be bome, equally and separately, by the parties. 17.3. Notices, Throughout the term of the agreement, Grantee shall maintain and file with City a designated legal or local address for the service of notices by mail. A copy of all notices from City to Grantee shall be sent, postage prepaid, to such address and such notices shall be effective upon the date of mailing. At the effective date of this agreement, such addresses shall be: All notices to be sent by Grantee to .City under this agreement shall be sent, postage prepaid, and such notices shall be effective upon the date of mailing. At the effective date of this agreement, such address shall be: City Administrator City of Ashland 20 East Main Street Ashland, Oregon 07520 17.4. Binding Effect. This agreement shall be binding upon the parties, their successors and assigns. 17.5. Authority to Amend. This agreement may be amended at any time by written agreement between the parties. 17.6. Governing Law. This agreement shall be governed in all respects by the laws of the State of Oregon. 30- Falcon (Charter) CATV Franchise Cab~ Renewal~anchise Charter 10-02-1 draft, wpd 1 Echolab MSV 3 Video Switcher 1 Hotronic AP41SW Time Base Corrector w/comb filter 1 Sigma BSG26N Black Burst Generator 1 Videonics PowerScript 4000 Studio w/LAN & Memory 1 Mackie SR24.4 VLZ 24 Channel Mic mixer 1 Gentner SPH-10 telephone hybrid (approx) 1 Audio-Technica AT-MX341A Mixer 14 Audio Technica Shiock mount AT8646AM 5 Audio Technica Microphones 935AMRx/H 4 Audio Technica Audience Mics 853PMX 3 Racks w/shelves drawers and blanks 6 Rackmount Channel Monitors 2 Broadcast Monitors w/Rackmounts 1 LCD Projector Hitachi CP-X995W 2 Chief Mfg. RPA-990 Mounting Bracket for LCD 2 Focus Enhancements TView Pro AV 1 Document Camera Elmo HV-5000XG 2 Kramer 2 input 4 out VGA Switch DA 3 Leitch XPR-12V-CP 12xl Video Switch 1 Leitch XPR-CP 12xl Video Switch Control Panel 1 Leitch CAB-XPR-2R-50 Remote Control Cable 50' 4 Speakers for PA, JBL Control 28 1 Sonex Tiles for echo and feedback reduction 1 Misc. Pads 1 Cables and Wires 1 Table 1 Engineering Services $7,218.00 $7,218.00 $1,308.00 $1,308.00 $340.80 $340.80 $4,500.00 $4,500.00 $1,232.40 $1,232.40 $504.00 $~5-04.00 $536.40 $536.40 $24.00 $336.00 $217.08 $1,085.40 $177.60 $710.40 $2,500.00 $7,500.00 $500.00 $3,000.00 $1,500.00 $3,000.00 $4,500.00 $4,500.00 $170.40 $340.80 $1,192.80 $2,385.60 $2,912.40 $2,912.40 $150.00 $300.00 $590.40 $1,771.20 $147.60 $147.60 $58.80 $58.80 $220.00 $880.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $500.00 $500.00 $7,000.00 $7,000.00 1 New Ring for new Studio Lights I Electrician to raise and reporpose old light fixtures 1 New Studio Light Fixtures I Design and Consultancy I New bulbs for old fixtures 3 Skylight Louvers $1,500.00 $1,500.00 $3,000.00 $3,000.00 $7,500.00 $7,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 Total: $75,067.80 17.7. Captions. The captions and headings of this agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of any provisions of this agreement. 17.8. Entire Agreement. This agreement contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth in this agreement, and cannot be changed orally but only by an instrument in writing-executed by the parties. 17.9. Construction of Agreement. The provisions of this agreement shall be liberally construed to promote the public interest. Agreed to this day of ,2003, Grantee Falcon Cable Systems Company II, L.P. By: City of Ashland By: Title: Mayor By: Attest: Title: City Recorder 31- Falcon (Charter) CATV Franchise Cable Renewal~franchlse Charter 10-02-1 draft.wpd 0 m 0 0 0 '11 CiTY OF LAN D Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: Second Reading of an Ordinance Amending Sections 15.04.220, 15.16.240 and 15.20.040 of the Ashland Municipal Code to Provide that Fees for the Mechanical, Plumbing and Electrical Codes be set by Resolution of the City Council. Department of Community Development Building Division June 3, 2003 John McLaughlin, Director of Comm~y Development (~ Gino Grimaldi, City Administrator W,t~,~ At the May 20 meeting, the City Counbil adopted a resolution increasing mechanical and plumbing fees. These increases augmented recent changes in local structural and electrical fees. The increase in fees also required that the municipal code sections applicable to building code increases be modified to allow that fees be set by resolution of the City Council. First reading of the ordinance modifying those sections was approved by the Council at the last meeting. Staff recommends that the Council move to adopt the ordinance amending the municipal code regarding building fees. These changes will allow for future fee amendments to be adopted by the Council by resolution. The Building Division is supported by fees associated with permits and inspections. The direction from the City Council is for this division to be self-supporting through the collection of these fees. These ordinance amendments that allow for the fee increase by resolution will ensure that the Mechanical and Plumbing Programs are adequately supported by fees. The City of Ashland has provided mechanical and plumbing inspection programs as the Authority Having Jurisdiction since the inception of the building inspection program. During that period the mechanical program has been administered by the Building Official as an additional duty. A second mechanical inspector for one and two family dwellings was added to deal with volume in this sector of development. A full time plumbing inspector was employed in 1996. Fees for this program have not been increased since originally adopted. These increases will bring Ashland's fee schedule in line with others in the region. Prior to this item coming for review at the City Council, notice of the fee increase was announced at the Southern Oregon Homebuilder's Meeting. Further, two mailings, one from the State Building Codes Agency and once from the City of Ashland Building Division was sent to local contractors inviting them to comment on the proposed increases, and to attend a meeting at the end of April with the Building Official to discuss the increases. No written comments were received on this matter. No local contractors attended the meeting. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15.04.220, 15.16.240 AND 15.20.040 OF THE ASHLAND MUNICIPAL CODE TO PROVIDE THAT FEES FOR THE MECHANICAL, PLUMBING AND ELECTRICAL CODES BE SET BY RESOLUTION OF THE CITY COUNCIL THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.220 of the Ashland Municipal Code is amended to read: SECTION 15.04.220. Mechanical Specialty Code Fee. For application in this city, Section 304 of the mechanical specialty code deleted. The fee schedule for mechanical specialty code fees shall be established by resolution of the city council. SECTION 2. Section 15.16.240 of the Ashland Municipal Code is amended to read: SECTION 15.16.240. Permits-Fees. For application in this city, the plumbing specialty code fees shall be established by resolution of the city council. SECTION 3. Section 15.20.040 of the Ashland Municipal Code is amended to read: SECTION 15.20.040. Fee Schedule. The fee schedule for electrical shall be established by resolution of the city council as the fee schedule for the City in the administration of the electrical code. The foregoing ordinance was first READ on the 20th day of May and duly PASSED and ADOPTED this 3rd dayof June ,2003. ,2003, Barbara Christensen, City Recorder SIGNED and APPROVED this __ day of ,2003. Alan W. DeBoer, Mayor 1- Ordinance H:\Oouncil\building code fees ord - Second Reading.doc CITY OF ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: A resolution adopting the annual budget and making appropriations. Finance Department June 3, 2003 Lee Tuneberg, Finance Director ~ Gino Grimaldi, City Administrator !!f" Synopsis: The fiscal year 2003-2004 budget is submitted to the City Council for adoption along with the required appropriations for the fiscal year. Recommendation: Staff recommends approval of the attached resolution. Fiscal Impact: Establishes appropriations and unappropriated ending fund balances for FY 2003-2004. Background: The Budget Committee and/or Budget Sub Committee met numerous times this winter and spring and thoroughly reviewed this budget. On May 8, 2003, the Budget Committee met and approved the budget and recommended it for adoption. The combined total appropriation for all funds is $75,862:333. This number does not include the unappropriated balance of$11,569,772. r~' RESOLUTION NO. 2003-_ A RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING APPROPRIATIONS The City of Ashland resolves that the 2003-2004 Fiscal Year Budget, now on file in the office of the City Recorder is adopted. The amounts for the fiscal year beginning July 1, 2003, and for the purposes shown below are hereby appropriated as follows: GENERAL FUND Administrative Services Administrative Services - Municipal Court Administrative Services - Senior Program Finance - Social Services Grants Finance - Economic & Cultural Grants Finance - Miscellaneous Finance - Band Police Department Fire and Rescue Department Public Works - Cemetery Division Community Development - Planning Division Community Development - Building Division Transfers Contingency TOTAL GENERAL FUND CAPITAL IMPROVEMENTS FUND Materials and Services Capital Outlay Transfers TOTAL CAPITAL IMPROVEMENTS $ 97,000 296,000 117,135 132,400 436,900 6,000 56,750 4,179,470 4,489,004 296,890 976,040 744,375 133,500 350,000 12,311,464 45,300 611,515 656,815 3,399,560 786,250 92,400 481 ,400 730,700 142,000 5,632,310 89,550 370,000 5,000 464,550 18,300 500,000 341,000 859,300 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Personal Services Materials and Services TOTAL CDBG FUND STREET FUND Public Works - Street Operations Public Works - Storm Water Operations Public Works - Transportation SDC's Public Works - Storm Water SDC's Public Works - Local Improvement Districts Contingency TOTAL STREET FUND AIRPORT FUND Materials and Services Capital Outlay Contingency TOTAL AIRPORT FUND DEBT SERVICE FUND Debt Service 1,178,000 1,178,000 WATER FUND Electric Department - Conservation Division 169,015 Public Works - Forest Lands Management Division __.428,700 Public Works - Water Supply 423,600 Public Works - Water Treatment 725,350 Public Works - Water Distribution 2,834,510 Public Works - Supply SDC's 112,500 Public Works - Treatment SDC's 142,000 Public Works - Distribution SDC's 469,100 Debt Services 517,100 Interfund Loan 2,275,000 Contingency 180,000 8,276,875 WASTEWATER FUND Public Works - Wastewater Collection 1,366,580 Public Works - Wastewater Treatment 1,319,450 Public Works - Collection SDC's 324,500 Public Works - Treatment SDC's 265,000 Debt Services 1,807,219 Interfund Loan 4,275,000 Contingency 154,000 TOTAL WASTEWATER FUND 9,511,749 ELECTRIC FUND Electric - Conservation Division 453,000 Electric - Supply 6,071,300 Electric - Distribution 4,259,413 Electric - Transmission 1,031,324 Debt Service 26,100 Interfund Loan 400,000 Contingency 350,000 TOTAL ELECTRIC FUND 12,591,137 TELECOMMUNICATIONS FUND f:::..... .r.:..~n. "....nt~....\O.........~~n 1,n 11M . ! I I t' ~ tj~ ~ Electric - Operations Debt Services Contingency TOTAL TELECOMMUNICATIONS FUND 2,391,600 7,202,000 75,000 9,816,090 CENTRAL SERVICES FUND Administration Department Finance Department City Recorder Division Public Works - Administration and Engineering Public Works - Facilities and Safety Division Electric - Computer Services Division Contingency TOTAL CENTRAL SERVICES FUND 1,131,131 1,541,355 159,735 1,220,700 460,850 773,005 140,000 5,426,776 INSURANCE SERVICES FUND Personal Services Materials and Services Contingency TOTAL INSURANCE SERVICES FUND PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay TOTAL APPROPRIATIONS 1,000 743,500 112,000 856,500 244,900 500,560 796,000 175,000 1,716,460 23,000 23,000 3,528,182 289,000 341,925 32,000 70,000 35,000 4,296,107 87,000 1,888,200 1,975,200 270,000 $ 75,862,333 EQUIPMENT FUND Personal Services Materials and Services Capital Outlay Contingency TOTAL EQUIPMENT FUND CEMETERY TRUST FUND Transfers PARKS AND RECREATION FUND Parks Division Recreation Division Golf Division Debt Service Transfers Contingency TOTAL PARKS AND RECREATION FUND ASHLAND YOUTH ACTIVITIES LEVY FUND Personal Services Materials and Services TOTAL ASHLAND YOUTH ACTIVITIES LEVY FUND This resolution takes effect upon signing by the Mayor. This resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on this _ day of June, 2003. Barbara Christensen, City Recorder Signed and Approved on this_ day of June, 2003. Alan W. DeBoer, Mayor tij~ Paul Nolte, City Attorney CiTY OF - SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: An ordinance levying taxes for the period of July 1, 2003 to and including June 30, 2004. Finance Department June 3, 2003 ~ Lee Tuneberg, Finance Director v-fi]) ) Gino Grimaldi, City Administrator[(,~ Synopsis: An Ordinance levying taxes for the period of July 1, 2003 to and including June 30, 2004. Such taxes in the sum of $8,008,000 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon. The levy consists of three parts: (1) a permanent rate supporting the General and Parks Funds of $3.56440, totaling $5,388,000 (2) a local option levy supporting Ashland Youth Activities Fund at a rate of $1.3800, totaling $2,022,000, and (3) four bonded debt levies totaling $598,000 with a combined rate of $0.39560. Recommendation: Staff recommends approval of the attached Ordinance. Fiscal Impact: Enables the City to levy a property tax rate and receive revenue as authorized by the budget committee. Background: The estimated total tax rate is expected to decrease over last fiscal year due to a slight reduction in bonded debt levies. This Ordinance is consistent with the Budget Committee's recommendation. ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2003 TO AND INCLUDING JUNE 30, 2004, SUCH TAXES IN THE SUM OF $8,008,000 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $3.5640 per thousand an amount estimated to be $5,388,000, voter authorized Local Option in the rate of $1.3800 per thousand an amount estimated to be $2,022,000, as well as $598,000 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2003, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Subject to General Excluded from General Government Limitation Government Limitation Rate Permanent Rate Local Option Bonded Debt Per $ 1 ,000 General Fund $ 2,225,000 1.4719 Parks and Recreation Fund 3,163,000 2.0925 Youth Activities Levy $ 2,022,000 1.3800 1982 Water Bond Levy $ 83,000 1992 Water Bond Levy 100,000 1997 Flood Restoration Bond Levy 105,000 2000 Flood and Fire Station Bonds 310,000 $ 5,388,000 $ 2,022,000 $ 598,000 The foregoing ordinance was first READ on the _ day of June, 2003. day of June, 2003, and duly PASSED and ADOPTED this Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of June, 2003. Alan W, DeBoer, Mayor p;:;~ Paul Nolte, City Attorney CiTY OF : SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: A resolution declaring the City's election to receive State revenue. Finance Department June 3, 2003 Lee Tuneberg, Finance Director Gino Grimaldi, City Administrator"'f Synopsis: The fiscal year 2003-2004 budget includes revenue and disbursements of funds form the State. In order to receive and disburse monies the City Council must elect to receive State revenue. Recommendation: Staff recommends approval of the attached resolution. Fiscal Impact: Enables the City to receive and disburse State monies like gas and cigarette tax revenue. Background: Council annually adopts a resolution electing to receive an apportionment of the Oregon Department of Administrative Services General Fund revenues derived from tax imposed on the sale of liquor as part of State Revenue Sharing. RESOLUTION 2003-_ A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES RECIT ALS: The City must annually adopt a resolution electing to receive an apportionment of the Oregon Department of Administrative Services General Fund revenues derived from tax imposed on the sale of liquor as part of State Revenue Sharing. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Pursuant to ORS 221.770, the City elects to receive state revenues for fiscal year 2003-2004. This resolution takes effect upon signing by the Mayor. This resolution was read by title only and duly adopted at a regular meeting of the City Council of the City of Ashland on this _ day of June, 2003. Barbara Christensen, City Recorder SIGNED AND APPROVED this _ day of June, 2003. Alan W. DeBoer, Mayor M~ Paul Nolte, City Attorney A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES I certify that a public hearing before the Budget Committee was held on May 8, 2003 and a public hearing before the City Council was held on June 3, 2003, giving citiz.eAS an opportunity to comment on use of State Revenue Sharing. Barbara Christensen, City Recorder CITY OF --ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: A resolution certifying City qualifies for State subventions. Finance Department June 3, 2003 Lee Tuneberg, Finance Director Gino Grimaldi, City Administrator Synopsis: The fiscal year 2003-2004 budget includes revenue and disbursements of funds from the State. In order to receive and disburse monies the City Council must certify to the State that it qualifies based upon the services rendered. Recommendation: Staff recommends approval of the attached resolution. Fiscal Impact: Enables the City to receive and disburse State monies like gas and cigarette tax revenue. Background: Council certifies this activity by resolution each year prior to adopting a second resolution that elects to receive state funds. This is a necessary step in the 2003-2004 budget process. RESOLUTION 2003- RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL SERVICES TO QUALIFY FOR STATE SUBVENTIONS RECITALS: A. ORS 221.760 provides the City of Ashland may disburse funds from the State if the City provides four or more of the following services: 1. Police Protection 2. Fire Protection 3. Street construction, maintenance, lighting 4. Sanitary Sewer 5. Storm Sewer 6. Planning, zoning and subdivision control 7. One or more utility services B. City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with 221.760, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The City of Ashland certifies that it provides the following municipal services enumerated in ORS 221.760(1): 1. Police Protection 2. Fire Protection 3. Street construction, maintenance, lighting 4. Sanitary Sewer 5. Storm Sewer 6. Planning 7. Electric Distribution 8. Water This resolution takes effect upon signing by the Mayor. This resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the _ day of June, 2003. Barbara Christensen, City Recorder SIGNED AND APPROVED this _ day of June, 2003. Alan W. DeBoer, Mayor R.we~ aul Nolte, City Attorney