HomeMy WebLinkAbout2006-0221 Council Mtg Packet
Barbara Christenson
:. . . City Recorder
Council Meeting Packet
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ASH.l,ANO
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 21, 2006
Civic Center Council Chambers
. 1175 E. Main Street
6:00 p.m. Executive Session Parks Land Acquisition pursuant to ORS 192.660(2)(e)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES [5 minutes]
1. Regular Council Meeting Minutes of February 7, 2006
2. Council Special Meeting Minutes of February 9, 2006
V. SPECIAL PRESENTATIONS & AWARDS
None
VI. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Proclaniatio':1 of Peace Corps Week February 27 - March 5, 200.6
3. liquor License Application ~ Double Deuce Sandwiches .
4. Liquor License Application'::'" Cozmic Pizza
VII.. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a.. .
. Land Usa Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to. 9:30 p.m. by a two-thirds vote of council {AMC 92.04.040})
1.. . PI~nning Action 2004 -141 - Annexation. and Z<?n~ ~hange (Jac~son .County Rural
Residential RR-5 to City of Ashlan"d Low Density Multi~Fa.miiy R-2) for an approximately
10-acre parcel located on the east side of Clay Street, north of Ashland Street, at 380
Clay Street [2 hours] Please note: the public hearing will be opened, but the item will
be continued to- March 21., 2006 . . .
2. Crowson Property ~ WithdrawaHrom Rural Fire Protection' DistriGt #5 [10 M;nutes]
. .
VHI. . PUBLIC FORUM Busine~s ft:Qmthe audience not included on the age.nda. crotaJ time
. aUowedfor puJ:>lic F.orum is 1.5 minutes.. Spea~er~ are limited. to. 5 minutes or' less; depend!ng
. ,
.cOUNCIL MEETINGS ARE BROADCAST LlVEON CHANNEL 9
VISIT THE CITY OF ASHLAND'So.WEB SITE AT WWW.ASHLA.ND~OR,US.
on the number of individuals wishing to 'speak.)' [15 minutes maximum)
IX. UNFINISHED BUSINESS
None
X. .NEW AND MISCELLANEOUS BUSINESS
'1. Appointment to Budget Committee [10 Minutes}
2. AFN Report - July 1 to DecembE;)r 31,2005 [30 Minutes)
3. ,Discuss Allocatidnof Unused Transient Occupancy Tax Grant Monies [20 Minutes)
4. Request to Negotia'te New Franchise'- Charter Communications [30 Minutes)
5. Food and Beverage Tax and Transient Occupancy Tax Collection [30 Minutes)
6. Emergency Water Supply [30 Minutes)
7. Omgon Economic Development Grant/Loan Application for Jefferson Street Continuation
[20 Minutes)
XI. ORDlINANCES. RESOLUTIONS AND CONTRACTS
1. Reading by title only of, "A Resolution Authorizing Signatures, Including Facsimile
. Signatur~s, for Banking Services on Behalf of the City of Ashland': [5 Minutes)
XII. OTHE:R BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Request from Councilor Hartzell to discuss Federal lobbying efforts known as the "United
Front"
XIII. ADJOURNMENT
In compliancH 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. 104ADA Title I).
('OUNClL MEETINGS ARE BROADCAST LIVE ON ClIANNEI. l).
ViSrr.THE CITY OF ASHLAND'S WEB,SITE A.f WWWASHLAND.ORJ1S
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 7, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of January 17,2006 were approved as present~:d.
SPECIAL PRESENTATIONS & AWARDS (None)
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Appointment to Bicycle and Pedestrian Commission.
3. Liquor License Application - Pasta Piatti.
4. Approval of an Electric Department Contract for Wood Pole Inspection in Excess of $75,000.
5. Perpetual Easement Agreement Between Members of TAP and the City of MedfOlod.
Councilor Jackson/Hardesty m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Ambuja RosenlRequested that the Council consider a law restricting tethering of animal family members.
Eric Navickas/711 Faith Street/Spoke regarding the Ski Ashland expansion project and the recent floods in
our areas. Voiced his concern with the intent to cut in our watershed due to the potential impacts in these
areas. Requested that the Council demand of the Forest Service that there be a complete assessment on the
flood impact area and to complete mitigation on these impacts.
Ryan Navickas/711 Faith Street/Made brief statement in regards to an ordinance that bans tying of dogs
outside of businesses in town for long period of times. He does not support a complete ban on tethering of
dogs and voiced his concern with possible incarceration of dogs, which may lead to euthanizing. He also
noted that this might be a hardship on the homeless and their pets.
Mayor Morrison clarified that due to time constraints the Council had not had the opportunity to discuss
whether this is a topic that they want to take on at this time. He acknowledged that there has been
misunderstanding on both sides of the issue on what is being proposed.
Art Bullock 791 Glendower/Spoke regarding the illegality of Nevada Street Local Improvement District and
his interpretation that the City did not follow its resolution setting the percentage of assessment and that the
taxpayers are subsidizing the Billings Development. He questioned who is being harmed by the "City's
deviation"? (Handout submitted into the record)
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City Attorney Mike Franell disagreed with the characterization that the LID is illegal. Resolution 1999-09
does have an allocation methodology and it works well when doing a full street project. This resolution was
put forth to allocate the cost sharing between the City and property owners for LID projects. He eXplained that
the purpose of a pedestrian project is to go back and retrofit where streets were constructed without pedestrian
pathways with pedestrian pathways. This is the case in the Nevada Street LID and followed the same
methodology used in the Helman Street LID. Instead of doing a technical breakdown in al~cordance with
Resolution 1999-09, the City chose instead to characterize the entire project as a pedestrian improvement
project. In doing this, it provides that the City will participate 60% of the cost ofthe project. This works out
to the property owner benefit. Ifthe City followed 1999-09, it would only participate at 20%, He also noted
the project has a couple of storm drainage catch basins that need to be relocated and which play into the
percentage method that the City would participate. He does believe that the City has the authority to
characterize the entire project as a pedestrian improvement project and to participate at the 60% level for the
improvements.
Mr. Franell clarified that the City has an ordinance that specifically speaks to when a bid comes in higher than
estimated, and the City could only charge the property owners 10% above the estimated asse:ssment.
Mayor Morrison announced that there are a number of vacancies in our Commissions and asked anyone who is
interested to contact the City Recorder's Office.
UNFINISHED BUSINESS
1. Approval of Grant Distribution Greater than $75,000 for the Oregon Shakespear'e Festival and
Chamber of Commerce to receive Economic and Cultural Development Grants.
Finance Director Lee Tuneberg spoke to the process of approving the contracts and stated that this process was
a little different than what has been done in the past as these are part of our budgeting process and will be
specifically identified as to who they are to go to and how much they are. The total for this fiscal year for the
Chamber of Commerce is $245, 241 and to Oregon Shakespeare Festival $112, 200. He explained that with
the Council's approval these are being paid on a monthly basis but that they are unsigned contracts. Staff is
asking Council's approval to sign these contracts.
Executive Director of the Ashland Chamber of Commerce Sandra Slattery and Graham Lewis, President of the
Board for the Ashland Chamber of Commerce, presented their report to the Council. Ms. Slattery began by
commenting on the long-standing positive partnership that the Chamber has had with the City of Ashland. The
willingness to work together has resulted in effective promotion of tourism and has created a program on
economic development designed to retain and attract businesses to Ashland that pay family wage jobs. She
stated that it was the Chambers desire and intent to continue to maintain a positive relationship with the City.
Ms. Slattery noted the detailed report for grant activities that had been distributed to the Council for their
reVIew.
The report submitted to the Council identified line-by-line expenditures and budget for the grant along with
current plans for the programs and projects that are currently being implemented to promote tourism and
economic development. She noted that the Chamber is working very hard to promote thf: amenities, the
desirability and livability of this community to insure the success of existing businesses and to encourage new
business and family relocation.
Ms. Slattery reported that their tourism model to promote other forms of economic developmt:nt is innovative
and has great potential for the business sector, future expansion and new development for creating family-wage
jobs. She noted the newly created phrase "Destination Ashland" which has been incorporated into their
publication "Living & Doing Business in Ashland."
Ms. Slattery pointed out that the Chamber is currently overhauling their website that will allow for testimonials
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from businesses and stories about businesses operating in Ashland.
She explained that while the Chamber receives funds to promote tourism and other forms of economic
development, it is important for the Council to know that these programs are supported in no small part by
their membership who contribute significantly to the Chamber annually both financially and through volunteer
time.
Ms. Slattery stated that the Chamber believes in working together with mutual respect and collaboration, which
results in a better future for our City. She concluded by requesting support and partnership by the City for the
Chamber.
It was suggested that the Council have an opportunity to review the report and work with the Chamber through
the upcoming budget process. Council requested that the report from the Chamber be submitted at the end of
their activity year rather than in the middle of their year. It was clarified that January 31 is what is in the
current ordinance and an amendment to the ordinance would need to be done in order to change this date. It
was noted that the Council has discussed Economic Development in their goal setting.
Cathy Shaw/866 Oak Street/Spoke on her experience with the Ashland Chamber of Commerce through her
position on the City Budget Committee and as a former Ashland City Mayor. She provided an example of
how grant distribution is conducted in the City of Medford and how there are few cities where the Transient
Occupancy Tax is shared with the government. She stated that there is a general agreement by the State
Tourism Agency that this money should all go to the Chamber of Commerce for advertising and encouraging
tourism in the state.
Ms. Shaw noted our unique relationship with the Chamber of Commerce and their willingness to work with
the City. She read letters submitted by Representative Peter Buckley and Senator Alan Bates in support of the
Ashland Chamber. (Letters submitted into the public record)
Councilor Hardesty/Hartzell m/s to approve Grant Distribution Greater than $75,000 for the Oregon
Shakespeare Festival and Chamber of Commerce. Voice Vote: all AYES. Motion pass,~d.
2. Second reading of, "An Ordinance Amending Chapters 18.24, 18.28, and 18.88 of the Ashland
Municipal Code - Land Use Ordinance, Regarding Conservation Density Bonus Point Calculations
for Residential Development"
Director of Electric Dick Wanderscheid reported that this was an amendment to the City's Land Use Ordinance
and changes how Conservation Density bonuses are earned. He clarified that it includes that 100% of the
homes have to meet Earth Advantage standards. He explained that if the ordinance passes, a resolution would
need Council review and approval to adopt Earth Advantage standards.
Mr. Wanderschied explained that at the time the City negotiated a contract with Portland Gem:ral Electric, the
City had the ability to make the standards tougher but could not make them less stringent. He stated that there
is a computer program and that the energy use is modeled. It has to exceed the energy code modeled house by
at least 15% to comply. The City conducts inspections during the building process, tests the ducts to make
sure they meet the performance requirements and pays the builder $1,000 to build this home.
Mr. Wanderschied is not clear what the mechanism for compliance would be and eXplained Ihow the system
works. He stated that they have never had a situation where a house that was required to be built to the old
standards, did not comply.
City Attorney Mike Franell clarified that the Certificate of Occupancy could not be withheld, because the
Certificate of Occupancy is based upon the building requirements. Once a building meets the building code
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requirement, the Certificate of Occupancy needs to be issued. He stated that because there is a deed restriction
placed in the deed, the City would have to go back against the property owners, sue them under the deed
restriction, and require them to comply with the deed restriction.
Mr. Wanderschied stated that the Bonneville Power Administration (BP A) is proposing to pay approximately
$1,100 under the Conservation Acquisition Program for homes that are certified as Energy Star. He explained
that the City could certify homes as Energy Star. There is a little difference between Energy Star and Earth
Advantage, which has to do with lighting, but the City has petitioned with BP A to call them equivalent
programs. If BP A approves this, then the $1,100 incentive would be available from BP A to lthe City to pay
the homeowner or developer who builds Earth Advantage homes.
Mr. Wanderschied clarified that the density bonus would only apply to those that are subdividing lots. Interim
Community Director Bill Molnar clarified that density bonuses are done under the performancl~ standards in a
subdivision and that our code states this needs to involve three or more lots.
Dave Dotterrer/538 Sutton Place/Stated that himself, Allan Douma and John Stromberg hadl been working
on this for some time. They believe that energy conservation is important for all and want to (:ncourage City
policies that maximize energy savings. He cited the need for life saving changes, which involve several factors
needed for success, these goals should be: 1) easily understood, 2) flexible, and 3) as few hurdlles as possible
in order to achieve.
He reported that they did not believe that the information provided on the Earth Advantage program indicates
it would maximize the long-term potential for energy savings. They feel the rules are complicated and only
provide a minimal incentive for the minimum amount of energy usage and not energy savings are layered on
top of energy savings efforts.
Mr. Dotterrer offered the suggestion of a complete staff analysis, which provides the Council with a decision-
making analysis required and tools on this issue. He stated that it should be the Council that drives the policy
options and trade-offs that lead to a decision. The analysis would include a wide range of options, which
covers potential ways to address the issues. They believe that a full analysis of the options would be necessary.
This would be the only process that allows the Council to mitigate some ofthe negative aspects of whatever
option is chosen. In addition, the preparation of these options should include all the stakeholders involved.
Mr. Dotterrer provided the Council a template that could be used to review options. They requested that the
Council not pass the proposed ordinance but send back to staff for a full analysis.
Chapman commented that the Super Good Cents program was not a good fit for the City according to our
Comprehensive Plan.
Council discussion continued on the value of the program and the need to maximize the amount of energy
savings we get for the least amount of resources. It was noted that this would apply to a small percentage of
homes built and that Council would like to hear about more options.
Comment was made that this is a good first step but that should not deter the Council from hearing more on
further options. It was noted that Earth Advantage offers more than what Super Good Cents offered and
although there is a desire that more could be applied, it was a good planning tool. It was pointed out that staff
had spent a substantial amount oftime researching this program and there was a preference to move forward.
Council discussed dropping the proposed 15% to 10% but retaining the $1,000 bonus and for staff to continue
to work and evaluate programs. Additional discussion was had on whether the ordinance should have a sunset
clause; however there was not general support of a sunset clause. Staff reported that the program would need
to run for one to two years in order to develop data that shows participation levels.
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Council directed staff to provide annual reports on the progress of this program. Staff stated that a Resolution
could be brought back for Council consideration if there is a desire to charge the developers $1,000 per unit.
Councilor Jackson/Chapman m/s to approve Ordinance #2923 for a term of two years. DISCUSSION:
Hartzell stated she could not support the motion with the inclusion of the density bonus and that she did not
believe that we are getting as much as we can. Councilor Jackson commented on an article from Sunset
Magazine in regards to a communities where the development included zero net energy homes and stated that
she believes that this is the right thing to do at this time. Jackson clarified that that two-year term would be
based on results. She stated that if it were best to request annual reports instead of having a sunset clause, she
would rescind her motion and make another without the sunset clause. Staff assured Council that the annual
reports would happen. The matrix submitted by Mr. Dotterrer was noted as a good model to use.
Councilor Jackson withdrew the motion with approval by Councilor Chapman.
Councilor Jackson/Amarotico m/s to approve Ordinance #2923. DISCUSSION: It was clarified that the
maximum 15% bonus means that no one can get more that 15%. Roll Call Vote: Councilor Silbiger,
Chapman, Amarotico, and Jackson, YES; Hartzell and Hardesty, NO. Motion passed 4-2.
Hartzell requested information on programs that the City currently has on energy efficiency and expected
budget.
NEW AND MISCELLANEOUS BUSINESS
1. Renewable Resource Discussion
Director of Electric Dick Wanderscheid asked the Council for budgeting direction on Environmentally
Preferred Power (EPP) from Bonneville Power Administration (BP A).
He explained that the City has been purchasing laMW under a current 5-year contract that expires in
September 2006. He explained that with the new rate base and if we want to continue, we need to make a
commitment. He said that it appears that the EPP may cost less than in the past, and if the Council wants to
continue renewable resources, we could buy more with the same amount of money or buy the same amount
with less money, or buy a little bit more with more money. Mr. Wanderschied stated that it is a budgeting issue
because staff needs to figure out what the wholesale power costs are going to be in order to dlo budgets.
Mr. Wanderschied reported that the recommendation from the Conservation Commission was to buy $1 00,000
worth ofEPP. There was no recommendation from the Conservation Commission on whether to sell it on a
voluntary basis as a premium, as this is what most utilities do, or to continue to rate base it.
He explained one thing that has changed the situation. In the state of Washington, there is a ballot measure
that would mandate a "renewable portfolio standard." If this happens, many of the big BPA customers and
utilities in the state of Washington would probably buy their EPP from BP A. This means that if the City wants
to do this, they should do it for three years as BP A is telling the City that it may cost more if the: ballot measure
passes. A decision about selling as a premium or include it rates could made later.
In addition, he is requesting direction from the Council in regards to a large solar project. He reported that
staff has many ideas for projects. He reported that Congress passed the 2005 Energy Policy Act, which is a
source of interest free money (Clean Renewable Energy Bonds "CREBS") available to the City to do exactly
what staff is proposing. He reported that the motivation behind this was due to an article that ran in the City
Newsletter that talked about our Solar Program and our rebates, and the response from the community.
An idea that has come forward is for the City to put up a system and sell parts of it to those that cannot afford a
full system or do not have a good enough solar access to put a system on. Because of the way these bonds
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work, the City could borrow the money for 14 years with no interest fee. Depending on how this is financed,
the City could sell chunks to customers who make payments, or the City could be a funding source and do this
on a year-to-year basis. He explained that the $500,000.00 Bonds are not going to be given OUlt on first come
first serve basis, but are going to be given out based on applications received by April 25, 2006 and ranked on
size of project. The way that these bonds work, is that they are interest free because people who buy the bonds
get a tax credit on their earnings. Mr. Wanderschied gave examples on how this would work.
Staff is requesting direction from Council on whether they would like the staff to budget for these bonds. He
explained that submitting an application and getting funding does not commit the City to selling bonds. It just
gives the City the ability to do it. He noted that the recommendation from the Conservation Commission was
to submit an application for $500,000 under the CREB financing model. He noted the size ofthe proposed
kW system and where it could be located.
Staff is also asking for direction on other renewable resources. He noted that the Dry Creek Landfill as a local
resource, Methane Gas being built in the near future as a resource, and the White Creek Wind Project, which
is a public utility wind farm in Eastern Washington. He explained that there is a risk for g'etting any new
resources between now and 2011 ifthe City weaned itself from BPA too soon.
Staff is seeking budget direction purchase for EPP, the amount and size of a Solar Bond alPplication, and
allowing staff to continue exploring other renewable resources.
Councilor Hartzell noted her desire to bring the EPP back into the City. She would like to know how this
could be positioned into an investment when the City needs to reduce power and demand. She would like to
see investments in our own projects, which could be the solar project and supports the recommendation of
seeking the bonds.
Councilor Jackson voiced her support for the two recommendations from the Conservation Commission and
she would be open to discussing the excess money in regards to EPP. Silbiger voiced his support of the solar
program and the interest free bonds. Council discussed their options on applying for the Em~rgy Bonds and
how it could be used. Councilor Chapman supported purchasing the EPP, suggested that there are many who
would be willing to purchase large chunks of "green power" and he would prefer that it not be tied to Ashland
power bills. Councilor Amarotico supported the recommendation of the Conservation Commission.
Councilor Hartzell proposed that the EPP money should be used to help those in our community that are
struggling with their power bills or help with retrofitting senior homes. She would like to see this benefit more
people of different income levels that live in the community and to prepare for the future.
Mr. Wanderschied clarified that the allocated budget is spent on an annual basis, and an additional allocation
of$67,000 a year for electric heat assistance. He continued to clarify that the BP A is not going to penalize the
City for any conservation efforts between now and 20 II, but in 2011 the City will get their allocation and it
will probably not be enough to cover our current demand load. The City's choices will be to either purchase
higher priced power from BP A, buy power from someone else, or generate it ourselves.
Direction to staff was to apply for a $500,000 CREB funding in April, provide an analysis staff
recommendation on EPP, and to watch closely for resources in order to take advantage in the future.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First reading of, "An Ordinance Vacating an Unopened Public Alley".
Ordinance was read in full.
Councilor Jackson/Amarotico m/s to approve first reading and move to second reading. Roll Call
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Vote: Councilor Silbiger, Hardesty, Jackson, Amarotico and Chapman, YES; Councilor Hartzell, NO.
Motion passed 5-1.
2. Second Reading, by title only of, "An Ordinance Vacating an Unopened Public Alley".
Councilor Amarotico/Chapman m/s to approve Ordinance #2924. Roll Call Vote: Councilor Hardesty,
Silbiger, Jackson, Amarotico, Chapman, YES; Councilor Hartzell, NO. Motion passed 5-1.
NEW AND MISCELLANEQUS BUSINESS cont.
1. Request for Approval of Draft Trail Master Plan Document
Parks Director Don Robertson gave briefhistory on the process of developing the Draft Trail Master Plan. He
explained that it began with an established Council Goal where it was requested that a Master Plan be
developed hand-in-hand with the Open Space Plan.
Committee Chair of the Ashland Trails Master Plan (A TMP) Scott Kurtz and member Jim McGinnis
presented the Ashland Trails Master Plan and stated that they were seeking the approval of the Council on this
plan.
The presentation included:
. The cooperative effort by many in the community,
. Background information on how it began in 1989 with the Food & Beverage Tax,
. Process which included CouncillParks involvement, filling gaps in the Open Space Plan, formation of
the A TMP committee and the review and recommendation by Parks Commission in December 2005,
. Acknowledged the members of the ATMP Committee,
. Stated the Mission ofthe Committee, and
. Reviewed the pubic input process.
The presentation also included the following:
. A TMP Vision as "A Diverse Network of Trails that connects Downtown, Schools, Neighborhoods,
and Surrounding areas."
. Vision goals as: 1) Transportation: Trails are an inherent part of Ashland's transportation system; 2)
Trail Access & Connectivity: A continuous network of trails is easily identifiable and readily
accessible and 3) Natural Environment and Citizen's Rights: Stewardship of the natural environment,
and rights and concerns of citizens are addressed.
. ATMP Vision's Goals as: 1) Planning for Trails; 2) Trail Management; and 3) Partners and
Collaborators.
. A TMP Goals' Objectives as: I) Each goal has a series of objectives; 2) Recommendation accompany
each objective; and 3) Recommendations will be reviewed and approved.
. Provided recommend trail routes
Kurtz stated that they are looking for willing participants to grant easements on their property and that this trail
plan is a visionary document that may take decades to complete as pieces of property develop and trail
corridors are granted through that planning process.
Kurtz explained that they have been working with private property owners with securing eaSf:ments that take
the liabilities away from private property owners and place the liability on the City. City Attorney Mike
Franell explained that there is a recreational immunity statute with the State of Oregon that states as long as
the property is used for recreational use, without a charge to the public, that the immunity statue applies. He
stated the difficulty is when someone leaves the trail and the City has drafted language where lit would take on
the liability.
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It was suggested that when trail easements are obtained from private property owners and nlquire Council
approval, that these come before the Council in a timely manner.
Rich Vanderwyst/888 Glendale/Noted that he is a member of the Ashland Trails Master Plan and voiced his
support ofthe draft Trail Master Plan. He noted his work on securing easements from propel1y owners and
how having a plan that individuals could review, would make securing easements easier. He also noted the
need for connectivity within the plan.
Councilor Hartzell pointed out that accepting a plan is contingent upon funding different pieces of it and the
will of the public at that point.
The Imperatice property owned by the City was mentioned, and the City was strongly encouraged to allow
easements on that property while they still own the property.
It was requested that the Forest Commission review the plan and clarification was made on the attempt to
make City departments become more familiar on the importance of trails and affordable housing developments
is one ofthose issues where awareness is importance.
Mr. Franell explained that this is a guiding document, but if varied from the guidelines that are set forth in the
document, there needs to be an explanation. This would not preclude from varying from the
recommendations.
Councilor Hartzell/Amarotico m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Mr. Kurtz stated that he hoped that the City would adopt a series of performance standards that they were to
operate by and the intention is to incorporate some set of performance standards, along with the objectives in
the future, in order to help the City. This would strengthen the ability to follow through on this plan.
Councilor Hartzell voiced her reservations in regards to the waterline replacement and would be more
comfortable ifthis were referred to as a "such as." Parks Director Don Robertson suggested wording as "as
appropriate."
Mr. Robertson explained that the next steps include utilizing the Plan with the Open Space Program and
looking at opportunities to make connections when available.
Councilor Jackson/Chapman m/s to accept and adopt the Draft Trail Master Plan Document as
amended to include language of "as appropriate" in regards to the waterline area and "in a timely
manner" in regards to trail easements. Voice Vote: all AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Request from Councilor Hartzell to reconsider the motion made at t~e January 17th meeting to
approve the contract with LTM, inc. for $372,320
Councilor Hartzell explained that her reasons for asking for a reconsideration had to do with the definition of
pedestrian improvement and the Local Improvement District and how it all related to Resolution 1999-09, of
which she now felt had been properly addressed. The other issue she raised had to do with the downtown
bump-outs, and requested further information from staff by the consultant to develop the process for the
Downtown Plan. She voiced concern with investing with the cement in the downtown area when it may be
repaved in the future or constrain a better downtown plan because of their presence.
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Councilor Hartzell/Chapman m/s to reconsider the motion from the January 17,2006 meeting to
approve contract to L TM Inc. for $372,320. DISCUSSION: Councilor Jackson stated she did not support
reconsideration of the motion and stated that she had no problems with the Nevada Street LID. She also has no
hesitation to make safety improvements even if it is for a short term.
City Engineer Jim Olson clarified for Council that L TM is available to keep the scheduled price for multiple
schedules if necessary. He confirmed that by City ordinance the contract is required to be signed within 30
days and we are working on with extension by approval of the contractor.
Councilor Silbiger stated that Resolution 1999-09 specifically stated how allocations should be made. City
Attorney Mike Franell provided the exact language from Resolution 1999-09.and following the pattern used
for the Helman LID, the City chose to categorize the improvements as sidewalk improvements. He stated that
the street surface work that has to be done is incidental to the purpose of the project and the purpose of the
project was for sidewalk improvements. He believes that the Council has the discretion to do this under this
Resolution. The decision was made early on to categorize this project as a sidewalk improvement project and
allocate the 60% cost, if the Council should change this and allocate under each of the four categories of
Resolution 1999-09, a public hearing would need to take place because it would increase th(: cost that each
property owner would need to bear under this project by more than 10%. Silbiger noted that if this project
were to be re-done under the four allocations, and it was re-calculated, we would be where we are now, but the
cost to the property owners would be much higher. Councilor Hardesty voiced his desire for further
information.
Roll Call Vote: Councilor Hardesty, Chapman, Hartzell, YES; Councilor Amarotico, Jackson, and
Silbiger, NO; Mayor Morrison, NO. Motion denied 4-3.
NEW AND MISCELLANEOUS BUSINESS cont.
2. Quarterly Financial Report: October - December 2005.
Councilor Amarotico/Hardesty m/s to accept the Quarterly Financial Report. Voice Vote: all AYES.
Motion passed.
3. AFN Report - July 1 to December 31,2005
Council accepted report with no discussion.
4. Food and Beverage Tax and Transient Occupancy Tax Collection.
Item postponed due to time constraints.
5. Discuss Allocation of Unused Transient Occupancy Tax Grant Monies.
Item postponed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
2. Proposal by Councilor Hartzell for forum on community policing ordinance
Councilor Hartzell explained that the group that is proposing the Policing Ordinance is requesting public
forums in order to gain public input. She requested approval from the Council to move forward on this and the
goal would be to begin the public forums in March. She felt the benefit from this ordinance would be in
putting a panel together that comprise of various community members and the police office association.
Councilor Jackson stated that she is not in favor of this ordinance, agreed that there is a need to have dialog
about community policing, but she understood that this wouldn't move forward until there were results
regarding the current activities involving the police department. She does believes that a Resolution may be
more appropriate, and then a process of evaluating what aspects of our current adopted accreditation standards
ASlfLL\D Cfn COUi\Cn Ml:.ET/VG
Fl:BRUARr '"",2()(}(;
P,'I(;E !O uno
and procedures are needed and what would need to be changed or added.
Councilor Silbiger noted that after researching Community Policing he found that it was more than just an
ordinance. He stated that Community Policing has nothing to do with the community and suggested a City
forum in order to get public input.
Mayor Morrison suggested that this is a good start and should be done by the City, with broad representation
by the community and that staff may help with directing this. He voiced his concern with moving forward
with an ordinance under a short time frame.
There was consensus by the Council to move forward with the idea of public forums sponsored by the City and
to bring back to the Council for further discussion.
3. Request from Councilor Hartzell to discuss Federal lobbying efforts known as the "United Front"
Item not discussed due to time constraints.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
('fIT ('()[/VClL SPU.'fAL MEETIVG
FEBRUAR} <J,200t\
f' ,I C; E f o/L
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
February 9, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 5: 15 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Jackson, Silbiger, Amarotico and Chapman were present. Councilor Hardesty and Hartzell arrived
at 5:32 p.m.
PUBLIC FORUM
Art BuIlock/791 Glendower/Spoke regarding Council goals and noted the following issues: 1) Staff is
executive branch, not legislative branch; 2) Staff is overloaded; 3) Legislative is not staff priority; and 4)
Citizen task force solves the continuing problem of "lack of direction." He requested that the Council put the
project where the passion and priorities are, with the Citizen Task Forces.
1. Discussion of Draft Charter and Draft City Manal!er
Consultant Tom Sponslor began his review by noting areas of concern as following:
1) Current wording regarding a quorum and voting method;
2) Mayor's job description, vetoing authority; and administrative authority; and
3) City Manager
He briefly noted other areas that would require fundamental policy decisions.
Rich Rosenthal/1228 Rose Lane/Shared a concern from a financial aspect and how the proposed charter does
not provide for a financial stream for the Parks and Recreation and the City Band.
JoAnne Eggers/221 Granite Street/Parks Commissioners/Ms. Eggers brought to the attention of the
Council her concern that the Parks Commission has taken on the responsibility of the Senior Center and the
City Band and the importance of funding for these programs. She requested that the Council be aware that by
taking out programs, the Commission needs to have assurance that they would have adequate resources to run
these programs.
It was suggested that the Parks Commission bring back language they could recommend for charter language
that would give the assurance they are looking for.
Art BuIlock/791 Glendower/Spoke on his concerns of the draft proposed charter. He did not support the draft
charter and noted that it increased the power of the corporation. Mr. Bullock voiced his disappointment on the
lack of discussion on this issue. He felt that the changes need to have come from the voters and the only way
to assure that this is not a wasted projected is to make it grounded in the will of the people. He does not feel
that this document is supported. He stated that there should not be a charter amendment at the same time that
there are initiatives before the voters. Suggested that the Council not do "dog and ponies" but to have open
citizen discussion.
Councilor Chapman requested a specific place in the proposed charter where there is an increase of power.
Mr. Bullock gave the example of the proposed changes to Public Utilities, specifically water. He also noted
errT COUVC1L S'!'fC/AL\fEFT/\CI
FEBRUARY Y, 200n
P,/UE:: of2
the ability of the Council to remove a councilor and that it should only be the voters who should have the
ability to do this.
Councilor Hartzell commented that the current charter allowed for distinction between water and fire. It was
also noted that the proposed charter does have subtleties where there is a shift in power.
Councilor Amarotico left at 6:20 p.m.
Further discussion and concern was voiced on the issue of the Mayor voting and his/her authority to veto.
Suggestion was made that Council have more input or a more formal process in regards to the appointments of
commission/committee members.
It was clarified that the Council supported leaving the election of the Council as it is in the current charter.
Mr. Sponslor commented that the charter should be a base and all else should be handled by ordinance.
It was suggested that if Council has any further questions, to submit them to either the City Administrator or
City Attorney.
Concern was raised that the community was not being properly included and that more advertising needs to be
done in order to reach the community. Discussion was held in regards on how to move this forward and when
to schedule a meeting. It was determined that the Council would prefer a 3-hour evening meeting beginning at
6 p.m.
ADJOURNMENT
Meeting adjourned at 6: 45 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY OF
ASHLAlND
Council Communication
Liquor License Application
Meeting Date:
Department:
Approval:
February 21, 20~6
City Recorder
Gino Grimaldi '('
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
Liquor License Application from Dana Watson dba Double Deuce Sandwiches at 1642 Ashland
Street
Background:
Application for liquor license is for new license.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine if the applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing ofthis application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
I'.'
CITY OF
ASH LA1\J D
Council Communication
Liquor License Application
~
Meeting Date:
Department:
Approval:
February 21, 200~
City Recorder
Gino Grimaldi
.<,
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
Liquor License Application from Lyle Buettner dba Cozmic Pizza at 143 A Street
Background:
Application for liquor license is for a change in ownership.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine if the applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing ofthis application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
1..11
I'_~
CITY OF
ASHL"AND
Council Communication
Crowson Property - Withdrawal from Rural Fire Protection District #5
Meeting Date: February 21 , 2006 Primary Staff Contact: Michael Franell /1~.
Department: al E-mail: franellm@ashland.or.us/n '
Contributing Dep nts: City Recorder, Planning Secondary Staff Contact: Barbara Cl1risten'sen
Approval: E-mail: christeb@ashland.or.us
Estimated Time: 10 minutes
Statement:
This is a public hearing pursuant to ORS 222.524 to consider any objections to withdrawal of the parcel of property located
at 593 Crowson Road, Tax Map 391 E14D, Tax Lot #500, from the Jackson County Rural Fire Protection District #5.
Background:
The City Council, at their July 19, 2005, meeting approved the annexation of property located at 593 Crowson Road.
Findings of Fact were adopted by the Council at the November 15, 2005, meeting. The annexation was conditioned upon
the completion of certain tasks, which highlighted in the attached findings, conclusions and orders, are still pending. In order
to be able to do the annexation and the withdrawal through a single ordinance, staff has scheduled and advertised a public
hearing to consider objections to the withdrawal of the property from Jackson County Rural Fire Protection District #5.
Council Options:
The City Council will hear objections, if any, to the withdrawal of this property from the Jackson County Rural Fire Protection
District #5. After hearing objections, if any, the Council can direct staff to prepare an ordinance withdrawing the property
from the Rural Fire Protection District upon its annexation to the City.
The Council could decide to leave the property in the rural fire protection district.
Staff Recommendation:
After consideration of any objections, direct staff to prepare an ordinance withdrawing the property from the Jackson County
Rural Fire Protection District #5 upon its annexation to the City.
,
Potential Motions:
I move staff be directed to prepare an ordinance withdrawing the property located at 593 Crowson Road, Tax Map
391 E14D, Tax Lot #500, from the Jackson County Rural Fire Protection District #5 upon its annexation to the City.
Attachments:
Map of Property
Findings, Conclusions and Orders.
~~1I
w.. "1
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
July 19, 2005
IN THE MATTER OF PLANNING ACTION #2005-008, A REQUEST FOR
ANNEXATION OF A 1.6 ACRE P ARCEL LOCATED AT 593 CROWSON
ROAD. THE REQUEST INCLUDES A COMPREHENISVE PLAN AND
ZONING MAP CHANGE FROM JACKSON COUNTY ZONING RURAL
RESIDENTIAL (RR-5) TO CITY OF ASHLAND ZONING E-1 (EMPLOYEMENT)
WITH THE PORTION OF THE PARCEL ADJACENT TO CROWSON ROAD
INCLUDED IN THE DETAIL SITE REVIEW ZONE AND RESIDENTIAL
OVERLAY (R-Overlay).
APPLICANT: Crowson Business Center LLC
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
)
)
)
)
-----------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot 500 of 391E14D is located at 593 Crowson Road and is propost;:d to be zoned E-1
(Employment). The southern portion of the parcel parallel with Crowson Road as shown on the attached
map will be located in the Detail Site Review Zone and Residential Overlay (R-Overlay).
2) The proposal involves a request for Annexation of a 1.6 acre parcel and a Comprehensive Plan and
Zoning Map change from Jackson County zoning Rural Residential (RR-5) to City of Ashland Zoning
Employment (E-1). 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:
A. The land is within the City's Urban Growth Boundary.
B. 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.
C. The land is currently contiguous with the present City limits.
D. 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 detennined 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.
E. 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,
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 assess:lng 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.
2. 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.
3. F or 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.
4. For transit transportation, should transit service be available to the siJe, 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 turn-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.
F. 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, floodplain corridor lands, or slopes
greater than 35%, shall not be included.
G. For all annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industrial lands with a Residential
Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of
median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of
median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of
median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of
median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit
(IRC 501 (3 )( c)) affordable housing developer or comparable Development Corporation for the
purpose of complying with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership
ofthe land shall be transferred to the affordable housing developer or Development Corporation
prior to commencement of the project.
The total number of affordable units described in this section G shall be determim~d by rounding down
fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used
to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties
providing affordable units as part of the annexation process shall qualify for a maximum density bonus
of 25 percent.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and the:re is less than a five-
year supply of vacant and redevelop able 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-l or C-l 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.
4) The City Council, following proper public notice, held a Public Hearing on June 7, 2005 and July 19,
2005, 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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information necessary to mak,e 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 provides 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.
B. 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-l, is consistent with the designatlon indicated on the
Ashland Comprehensive Plan, while the proposed office, light manufacturing and residential uses are
allowable uses 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 property line adjacent to Benson
Way.
D. 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 detennined 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 main
lines are located in the Benson Way right-of-way. City water is adjacent to the property in the
Benson Way right-of-way. City sewer is in place north of the site in Benson Way and the sewer line
will be extended to serve the property. City storm drain facilities are existing in Benson Way and
will be extended to and through the site.
E. Adequate transportation can and will be provided to and through the subject property.
Transportation to the property is by way of Crowson Road and Benson Way. Crowson Road will
be improved to the City of Ashland standard for an Avenue along the property frontage. The
Crowson Road improvement includes bringing the street up to the city standard from the center
line towards the property, for the length of the parcel's frontage. In addition, the improvement
includes a travel lane, bike lane, installation of curb and gutter, a planting strip with street trees,
street lights and a sidewalk. Benson Way is an improved city street which is classified as a
Neighborhood Commercial Collector. Parkrows and sidewalks are not in place along the
property frontage, and will be installed to the Ashland Street Standards. Additionally, a sidewalk
will be installed in the right-of-way to the north of the property connecting the existing sidewalk
on Benson Way to the subject property. The Rogue Valley Transportation District (RVTD) has
predicted bus service may be a possibility in this area, but will be a minimum of ten years in the
future. As a result, a pad for a future bus stop has been located between the sidewalk and curb on
the Crowson Road frontage.
F. For all residential annexations, a plan shall be provided demonstrating that the development
of the entire property will ultimately occur at a minimum density of90% ofthe 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 annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industrial lands with a Residential
Overlay (R-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of
median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below '100% of
median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of
median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of
median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit
(IRC 501 (3)( c)) affordable housing developer or comparable Development Corporation for the
purpose of complying with subsection 2 above. The land shall be located within the project and
all needed public facilities shall be extended to the area or areas proposed for transfer. Ownership
of the land shall be transferred to the affordable housing developer or Development Corporation
prior to commencement of the project.
The total number of affordable units described in this section G shall be determined by rounding
down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument,
shall be used to guarantee compliance with affordable criteria for a period of not less than 60
years. Properties providing affordable units as part of the annexation proc1ess shall qualify for a
maximum density bonus of 25 percent.
The proposal includes three residential units in the building adjacent to Crowson Road, and therefore
is not subject to this section. The applicant's original concept did not include a request for the
Residential Overlay, nor did it include residential units. The proposal was amended to include three
residential units in response to concerns regarding the transition from light industrial development on
the north side of Crowson Road to the single-family existing and future development on the south
side of Crowson Road. The area on the opposite (south) side of Crowson Road is in the Ashland
Urban Growth Boundary and is identified as Single-Family Residential.
H. One or more of the following standards are met:
2. The proposed lot or lots will be zoned E-l or C-l 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-l. At its meeting of March 8, 2005 the Planning
Commission approved a Site Review application to develop a business complex for office
and light manufacturing uses including the construction of four buildings and the conversion
of the existing house. Additionally, the building adjacent to Crowson Road will include
three residential units in the second story. The Planning Commission also approved a Tree
Removal Permit to remove six trees on the site.
SECTION 3. DECISION
Therefore, based on our overall conclusions and upon the proposal being subject to t:ach of the following
conditions, the City Council we approve Planning Action # 2005-008. The following are the conditions and
they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) A boundary survey and a written description ofthe property boundaries including the Crowson
Road right-of-way shall be submitted for review and approval prior to completion of the annexation.
3) That the applicant a2rees to construct the proiect in accordance with th(~ approved plan
and City ordinances and waives the rb.!ht to file a claim under Ore2on Statewide Measure 37. The
si2ned waiver shall be submitted to the City of Ashland Le2al Department for review and
approval prior to si2nature of the boundary survey. or adoption of a resolution or ordinance
formally annexin2 the property.
(form has been given to applicant, but not returned)
4) That full City services. includin2 but not limited to water. sewer and storm water mains
and electric service. shall be extended to the southern boundary of the proiect (i.e. Crowson
Road). En2ineered plans for all improvements shall be submitted for review and approval of the
Ashland En2ineerin2 prior to installation. That the en2ineered plans shall incllllde but are not
limited to: 1) the Crowson Road improvements to City of Ashland Street Standards includin2
pavement overlay. pavement extensions. bike lane and curb and 2utter. parkrow. street li2hts and
sidewalk. 2) the Benson Way improvements to City of Ashland Street Standards includin2
sidewalk connection between the existin2 sidewalk north of the site to the proposed development.
and plantin2 strip. street li2hts and sidewalk alon2 the property fronta2e. and 3) the public utility
extensions. That all reQuired street improvements and public utility extensions shall be installed
or fully bonded for in accordance with City reQuirements prior to adoption of a resolution
annexin2 the property.
(engineered plans have not been submitted for review, improvements are not installed or
bonded for)
5) That the necessary area for street improvements shall be dedicated as P1llblic street ri2ht-
of-way. The ri2ht-of-way dedication shall include the area necessary for retainin2 walls to be
installed with the street improvements. That the right-of-way dedication shall be submitted for
review and approval of the Ashland Planning and Engineering divisions. and the dedication shall
be surveyed and recorded as necessary prior to adoption of a resolution annexing the property.
(dedication information has not been received)
6) That the applicant shall comply with the agreement with the neighboring property owners, Cody
and Laurel Bustamante, presented by the applicant at the July 19, 2005 Ashland City Council meeting.
CITY OF ASHLAND, OREGON
By: John Morrison, Mayor
Date
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CITY OF
ASHLAJND
Council Communication
Appointment to Budget Committee
f1-/
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: 10 minutes
Meeting Date:
Department:
Approval:
February 21, 20J#;
City Recorder
Gino Grimaldi ~
Statement:
Appointments by the Mayor and Council on two positions to the Budget Committee for a term to
expire December 31, 2008.
Background:
These vacancies occurred upon the term endings of David Williams and James Moore.
Proper notice was made in our local newspaper of the vacancies and eight applications were
received.
Council Options:
Choose among the eight applications two appointments.
Staff Recommendation:
None
Potential Motions:
Motion to appoint for a term to expire December 31, 2008.
Attachmen ts:
Applications received
I....
Ir_~
CITY ()F
ASHLA~ND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebla>.ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional she,ets if
necessary .
Name 8ruce
E~
Requesting to serve on: ~ ,. -Ii ?:t?VJ S' I IS u. d:3 e+ (Commission/Committee)
Address /32. Blue H€'d~ LClI/7~ I AS0 (Q~G(
Occupation ~ h"r.eJ eI13;VJe.er!ex.oece1 hV.e.Phone: Home 10/-/Q47
f Work
Email b ebCfrnes ~(ief1He f. (jY'3
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Fax
tS4rf/Je.s
1. Education Baclmround
What schools have you attended?
What degrees do you hold?
u ~f' Ar-kc{J/fs:a~
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at additional training or education have you had that would apply to this position?
rf-;i::r//" CO~ 1E'~cI A:4 n (let-? <:::otArS"~S" r'h J/J'1crVlaCjf"f'/Cf/
O(Cc 0(..("1 ~h9 ) & ~ e -h~y i (!Or;LM 14 ~-FqI.fCR-1 eCOUC>U1;c 044 fy~;F~
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? . ; 'H ~ --.-C.
Oe V€ ((jf4' d <"(0 c! 111at1a ged bud:Jf> rj~ 1 crud c;oerA 1~
Cor (Jyt1~ ditli<;;oY1s /5a er Ine. ur~ and C(r//c... o'()Ot1r?-r;l.t~5
( f.l-4 b; k. f-- fv 1-I(.{U{t1V1 ;~'I ). E (Of/) O/41/c Ol1q Y5! 1)'( Cdr(Jof a-hCi u-.
Do you feel it would be advantageous for you to have further 'train~g in this field~ such
as attending conferences or seminars? Why? AIo ~ 0 +fto r I---h (11-1 Q f/e."a::(,'" I
/rlr'l-/cr I Fu-,i /;~ri~ iJV) S es:r;~l-1s .
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5. Additional Information
How long have you lived in this community?
3. Interests
Why B.re you applying for this position? I h a 1/ ~ q ~'-'1 J df>.s ) ~ Iu
(dl1fyibC-t~ -!--a ~ 3cad 2UC;(,'-!;Rf ~ As~ /ql{d, {;t1d
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4. A~'ailabilitv (>cfV11!Jr / rJ ,
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I Cee"? crf/e'-1.c/ rne<2-fib19J"
ja~7 or e VRVl'\-'3 vur/;! ,A1CSCf /~h;/l-e0I 1A:::{f-f'~ IOVr<j-jJ/c;/fflPo!
3-w02-k-- VQCV I,b tL.
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Please use the space below to summarize any additional qualifications you have for this
position
I /;av-e- d..Qr/..e(~j)ecf crt-td rev"evvRd ;11 ClVl?' bC1d~e*
j" r').3 Oile( af~ ""; wod/hy /;f _ L ~lie~ f!tq f-
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Signature
Date
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FROM :'GREGffi I 0
FAX I'U. : 5414821445
Feb. 09 2006 04:26PM Pi
CITY OF
ASHL.AND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street. or email christqb@a.ClhJand.or.us. If you have any quc~stions.
please feel free to contact the City Recorder at 488-5307. Attach additional s:heefs if
necessary.
Name-.iJy/en GY'e..jar" 0
Requesting to serve on: ill/'"%' eY\ S I B,,&J (-Commillsi,ullCommittee)
Address Lj 7 J( bel, I / (/ a 'VVJ son /..JJ ~ c/
- I
Occupation ("/)mmerc/4l nuJ.'aioY' Phone: Home /.{ 8 ~ - I' 6 8 ~
Work
Email,9re:pt'Jf'/otf'!J1fIJ /vu/, n e:r
Fax Jlg-2-14{~_~
1. Education Bacla!round
What schools have you attended?
... ~ -C()./\(j ~ r d
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What degrees do you hold?
What additional training or education have you had that would apply to this position?
2. Related Exoerien&:e
What prior work experience have you had that would help you if you were appointed to
this position? 1 '.
;lCJ+ye_a~s. as v>ulcJ {~'6 b+-g. c ~ If (11\ (~J~y~ .~ ct
Do you feel it would be advantageous for you to have further train, in ~ fi1old, such
as attending conferences or seminars? Why? 'II!. S J r wQ v J I J' e... -h:,
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FROM : GREGOR I 0
FAX NO. :5414821445
Feb. 09 2006 04:26PM ~2
3. Iotel-ests
--
Why are you applying for this position?
7. t- ~~~ YYI ~ n :1 eln J .(>"t f
4. Av~labiJitY
Arc you available to aI1end special meetings, in addition to the regular-tt scheduled
meetings? Do you prefer day or evening meetings? Y t! S. Q l r.
5. Additional Information
How long have you lived in this community? L/ y &2 r ,S
Please u&e the space below to summarize any additional qualifications you have for this
position f) /
reo s u me_ PlYl +7'/~ w / fL, C2J' I..L ~.,-1e
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t:J2-/(99/tJ ~
Date f I
Ir."
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01/04/2006 14:44 FAX 5414887417
ACH ADMIN
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Arlen Gn~gorio
Portland, OR
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Edlleadoa:
MdlQ/Dr Stanford Uniwniey A.B. 1953
,.~':=~ StaDfocd University &hoot of Law LL.B. 1955
AdIllWlly A.eaatpl,illllHlltl:
s".".... ArIca Gft!aorio bcpn fidl..time COCIIIDC:I'ciaI mediation pnc:ticc in 1985 .
Co..,~ TIueo >-IS ...... lie fouadod the rust firm of a&fOnIcyI ckvotcd solloly to
Calatrwc1ttm IDCldiIting busi... ad ciwl criaI nwtc:I1l111ioa-widc: 1IOW Ia10wn as
~ 0Iq0rf0. Ha1cleman. PiuIa, RobnIn &: MdityaJaa, its offices are ia San
l",dl<<:ftlll PIOpmJ1 PIla.IciIoo.
~ u:::: Mr. GnIaorio _1UllV4'''fidIy medilIced ...uor disputes in alDlVari1ty of
RMI &,.. stltcliII the U.8. He waIcoaIe8l11dea COIIOCI1IiDg lIImost cwzy upeer of
&t:ru'I,. c:WiIliIipIbl GIller... domestic IdatioDs. He is ..I!OII par1icalarly
for his sIdII ia mediating disputes iD wbicb perscaaI or busiaess
rdlltionsbipa play by IOles.
In his prior IawIDd public SOIVice careers. Mr. OreJOrio often 8Clefl in a
~ of DCUCrlII roles.. He has scnred as a Superior Court Judge pro tern.
Special Master. Referee. CoQciliator. and MiDi- TrilII JucIgc. Mr. O1qpio
c:oaduc1cd & FneraI civil trial practice Cor twelve yeats IS a partnel' in &
law fiml on dac San Francisco Peninsula. wheRl be serwd as a local bar
prcsidcQt and was active in sute bar affairs. He also served as the
Assistant Cic.y AUomcy for San Bruno. California. for eight years. de:ali og
primeriJ,y witJl the city's conslnlctioa. plaMing. and land-usc issues,
AdditioDlll ProfessioaaI Experieace:
From 1970 tbrougb 1978. Mr. GrqJorio served lIS . Califomia State:
Sc:uafoc. receiving Il8IionaI RlDOpition for his pioneaing work in tlle arts.
cc1ucation. CIIYiroameI1t. 6Ister' care. bcaltb. local government finance and
orpDization. poUtic:a1 reform. and professional SflUIdards. He bas also
serwcI as alllelllbc:r of the SIn Mateo CoUldy Board of Supervisors and of
tile penaiaa JJo.nIs oCsewnllocal. ..... and stato.apacie$. 1MI'.
01q0ri0 ..... awmled the adna SeI'Yioo MccI81 for action io. the
mid-19SO'aasa U.s. Naval AirOfliocr. Hoalso actI:d as ac:ounscl iin
sewaI Gc:aenIIlIId 8peciI1 Courts-Marti...
A FDIlow oflbe Amc:riam Cou. ofcm1 Trial Mediators md a
prlftClipal member of tile Assoclatioa for CoIdIict ResoIudoD. Mr.
Orqorio b1111cctured widely _ modiadoa mcI dispute: resolution. In
t 986. he fOUDClod the Peainsul. CoIIflict ResoIutioa Oeater. which
ofZ
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01104/2006 14:44 FAX 5414887417
ACH ADMIN
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pnMcIcs. wide \I&Iiety ol mcdi~ted SCln'iclcs in San Mateo
CoIIIIC:y. He bas also causbt COIIIKS in constnlclioo law at CoIJeae of San
Mateo, busiaan IDcI &O\'CI1IIDCl1t at Coli. of Noire D8mc, and urban
stuctics at S1aaI'ont Uaiwaity.
Mr. Orcrorio and his wife. AJlyn Stone. live in Ashland.
Admitted to Practice:
Supreme Court of California
U.S. Diatrict Court. NortIIom District of California
Ninth CiR:uit Court or Appeals
Area:
Oro&ou. Wuhi.ngtoa, Idaho, AJub. Califomia. Montana, ArizoDa.
Newda. NewMexico. and UlIh
Home I About, 0ffIc:ea I ContHt, Servk:a '....bers
CopyriaJat 0 1999. ZOOS UJIieed.... Arbilation aad Medillioo
All... NSCned
&DaiI: infntaJo_ com
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m.4I200S t2:20 PM
CITY OF
ASHL.AND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name
Dennis Slattery,MBA, CPA
Requesting to serve on: _Budget Committee
(Commission/Committee)
Address
1405 Pinecrest Terrace, , Ashland
Occupation_University Professor.
Phone: Home 488-0382
Work 552-6491
Email_ slatterd@sou.edu_
Fax
.
1. Education Baclmround
What schools have you attended? Southern Oregon University
What degrees do you hold? BS ~ Business Administration (accounting
major) Masters of Business Administration
What additional training or education have you had that would apply to this position?
Certified Public Accountant
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
25 years of senior management positions extensive work with budgeting
and responsibility accounting.
As a CPA I have worked with numerous organizations on budgeting
matters and have consulted extensively in this area.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? It is always advantageous to gain
more knowledge. Especially true in this subject.
~.l'
-.-
3. Intc;~
Why arc~ you applying for this position? I believe I have something to give that is
useful to the community. I have a wide view of Ashland's unique challenges and
opportunities. I believe citizens have to be active to make Ashland work well.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? _ Yes, I am able to attend
meetings either day or evening. If selected I will make these meetings, and any special
meetings, my priority.
5. Additional Information
How long have you lived in this community?
'Since 1977
Please use the space below to summarize any additional qualifications you have for this
position
I am a business person and I have been active on a number of different levels
throughout the years. I am also a very fair minded person and believe there are solutions
available;: that help the entire community not just one segment. I would not want anyone
to cast me as a "special interest" candidate because I really am invested in many different
areas of1the community. For instance, I serve on the Ashland Schools Foundation board
and I do not have children. I serve because I think we need to put efforts into the schools
in order for our community to be whole in the years to come. I work extensively on
economic development issues not to solve today's issues, rather to put us in a position to
be prepared for tomorrow's challenges. I believe I have a solid reputation for working
"across the issues" with people of diverse interests. I'd be happy to share names of
people that would attest to this. Yes, I am an active member of the Ashland Chamber and
I am exceptionally proud of what we contribute to the community. I am most proud that
we serve beyond our own interests to the interests of the community at large, I will strive
to meet that ideal if selected to serve on the Budget
Committee.
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(G)ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Roberta W. Stebbins
Requesting to serve on: Budget Committee
Address 111 Granite Street, Ashland, OR 97520
Occupation_Retired CPA
Phone: Home 552-1094
Email robertas@mind.net
Fax
Work
1. Education Back2round
What schools have you attended?
MIT
What degrees do you hold?
CP A Licensed in Nevada and California
What additional training or education have you had that would apply to this pos~ition?
2. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position?
My husband and I owned our own CPA business for 35 years, and performed many
governmental audits, assisting with budget preparations.
I currently serve on an A1CP A Board revising the CPA Examination.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
I have served on Ashland's Audit Committee.
3. Interests
Why ,are you applying for this position?
Because I love Ashland, and feel residents should give back in kind for the good life this
city affords.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I prefer day meeting, but would make an effort to attend diligently, when not away.
5. Additional Information
How long have you lived in this community?
5 1;2 years.
Please use the space below to summarize any additional qualifications you have for this
position
February 6,2006
Roberta W. Stebbins
Date
Signature
RECEIVED
CITY OF
ASHLAND
r- I"
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Michael L. Hays
Requesting to serve on: Budget Committee
Address: 670 Oak Knoll Drive, Ashland, Oregon 97520
Occupation: retired
Phone: Home: 482-8202
Work: none
Email: mlhays@opendoor.com
Fax: inoperative
1. Education Baclmround
What schools have you attended?
Cornell University, University of Michigan
What degrees do you hold?
BA., MEd.; M.A., Ph.D.
What additional training or education have you had that would apply to this position?
None
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Consulting work often involved economic analysis
Volunteer work often involved budget analysis
Do you feel it would be advantageous for you to have further training in this fi<eld, such
as attending conferences or seminars? Why?
No. Most of the issues in budget development are policy-related assessments of cost-
benefit trade-offs.
='61
3. Interests
Why are: you applying for this position?
I am committed to public service. My record of civic participation in other venues
will enable me to make a constructive contribution in this one. My experience as a
consultant gives me experience in providing unbiased independent advice.
4. ~Iabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
I have checked my schedule against that prepared for the March through May period
and identified one two-day conflict. I shall otherwise be available of other meetings.
5. Additional Information
How long have you lived in this community?
Resident for 2.5 years.
Please use the space below to summarize any additional qualifications you have for this
position.
Budget co-chairman of Budget Committee of Fairfax County Council ofPTAs for the
Fairfax County Public Schools, with a enrollment of 150,000 students.
Public testimony before Bricker Commission on taxation in Virginia
mLo~
Date
\~~~
' <J
Signature .
r~'
DUTil ~1. ~lILLEQ
PlIlLIP C. LANG. LC~W
7~\',"l- .
RE:CE\VED
7~81) \.~In."(~t · .\~hldlld. \)lC"~4."\1l 977211
l!c'''ld,'lk,' )~1 . ~(\'2-(\())q
l...'lke/LI\ ).11 . ~02-)~'c7
January 31, 2006
To: Mayor John Morrison
Re.: Budget Committee Membership
Dear Mayor Morrison:
I understand tbat the City is seeking members for the Budget
Committee. I am expressing my interest and willingness to serve.
I enclose my complete Resume. For many years I was the executive
director of large non-profits - including CIS here in Jackson
County, where I became the "founding father" of Community V;'orks.
I think that my experience, wisdom and skills are extremely relevant
to the budget task. In the non-profit sector, whether private or
governmental, we face difficult choices with limited funds and
competing, often disparate program demands. How to evaluate these
often quite different, yet valid needs vs. funds available vs. long-
term effects and costs? This is what I did in my executive
directorships - and what I think the ~udget Committee requires.
I have also been involved in Ashland affairs for over 20 years -
I "know the territory". Of course the basics - how to read and
understand budgets, ask intelligent questions of staff, hoYJ to
make sense out of financing mechanisms, etc. etc. are all firmly
within my lexicon of ability and understanding.
I currently serve on the BLM 5-county RAC (Resource Advisory Commitee)
which decides on funding proposals from the 5 county area for Bh~
funds. Not only was I appointed~by Gail Norton (Secty-Dept. of Interior)-
but re-appointed for a 2nd-3 year term! lly designation is: "Ashland-
dispersed recreation")! Environmentalists, recreationists, timber
interests and "extraction" interests all worked rathelC. well
together - remarkabl so.
THE SECRETARY OF THE INTERIOR
WASHINGTON
APR 8 2005
Mr. Phillip Charles Lang
758 B Street
Ashland, Oregon 97520
Dear Mr. Lang:
I am pleased to reappoint you to serve on the Medford District Resource Advisory Committee as
a representative of dispersed recreational activities interests for a term expiring September 30,
2006.
As a Committee member, your advice regarding the management of projects, consistent with the
provisions of the Secure Rural Schools and Community Self-Determination Act of2000, has
been of great value to Bureau of Land Management managers and aided in the development of
balanced decisions that serve the interests of all public land users. The Committee provides
frequent opportunities for citizens, organizations, tribes, and other interested parties to participate
openly and meaningfully in project development. The geographic scope of the Committee's
jurisdiction IS the area within the boundaries of the BLM Medford District. Mr. Tim Reuwsaat,
District Manager of the Medford District Office, will contact you regarding the activities of the
Committee. Mr. Reuwsaat can be reached on (541) 618-2200.
I want to express my deep appreciation for your continued willingness to serve your fellow
citizens in this way. I look forward to your active participation as a Committee member.
Sincerely,
Gale A. Norton
Philip Charles Lang
ADDRESS: 758 B Street, Ashland, Oregon 97520
PHONE: 541/482-5387 (office); 541/482-8659 (residence)
SOC. SEC. #: 131-30-1523
OREGON D.L.#: 5663744
EDUCATION: Columbia College, N.Y.C. A.B.
University of California, Berkeley. M.S.W.
University for Humanistic Studies, San Francisco.
Coursework completed, working on dissertation (Ph.D.)
LICENSES/CERTIFICATES:
LCSW - State of Oregon, #1141
LCSW - State of California, #5500
Lifetime credentials - California Community College
System: Instructor, Counselor, Supervisor
ACSW - Academy of Certified Social Workers (N.A.S.W.)
PROFESSIONAL EXPERIENCE:
1999 - 2000 Court Mediator -Josephine County Juvenile Services (interim position)
Provided mediation orientation and mediation services to parents
regarding custody and parenting plans.
1997 - 1999
Program Manager - Adult Services, Siskiyou County Bt~havioral Health
Head of team of clinicians providing crisis, assessment, and ongoing
therapy/counseling to adults. Community outreach and direct services
to jai.l inmates were special tasks I took on, as well as seeing clients
and supervising the clinicians. .
1997 - present
Private Practice - Ashland, Oregon
Re-initiated my private practice specializing 10 clients with severe
health crises.
1994 - 1996
Executive Director - Crisis Intervention Services, Inc.
Chief Executive Officer of a multi-program nonprofit corporation
operating a domestic violence shelter, rape crisis, parent education, and
child abuse prevention programs and a 24-hour crisis/information and
referral Ithotline.1t
-_..._..~._-_....__.__._-_._-_.~-
Philip Charles Lang / page 2
1988 - 1993
1985 - 1991
1985
1980 - 1984
Special Achievements:
Organized and implemented successful fund raising campaigns.
Wrote successful, innovative grants involving collaborative activities
with a range of organizations.
Initiated and shaped a merger of the agency with two others.
Executive Director - Peninsula Volunteers, Inc.
Chief Executive Officer of two multi-million dollar budget non-profit
corporations operating a large senior center, adult day care center, and
two low income senior/disabled housing complexes.
Special Achievements:
Revamped/developed personnel policies, endowment investment
management, business and insurance policies, and donation
management system.
Secured funding from local municipalities.
Increased public funding substantially.
Raised grant, corporate, business, and individual donations for facilities
expansion and relocation.
Founder and President - Philip C. Lang Associates, Inc.
A for-profit corporation providing human services consultation,
planning, training in management, fund-raising, and organization
development.
Special Achievements:,
Developed a special therapy practice working with seriously ill clients.
Contracted for services with a large HMO.
Executive Director - AASK America, Inc.
Headed an adoption agency for challenged children.
Executive Director - Bay Area Community Services, Inc.
Chief Executive Officer of a multi-million dollar budget, multi-
program, multi-county non-profit corporation. The agency provided
gerontological, mental health services, and services to seniors and
mentally ill clients. The organization had over 300 employees, 600
volunteers, provided selVices at over 100 sites, and was multi-racial and
multi-ethnic in staff and clientele.
Special Achievements:
Found a headquarters and moved the agency.
Secured funding for development of a kitchen for the large-scale senior
meals program.
Developed fund-raising plan.
Created program for autistic residential program; secured site and
funding (Alliance for Living & Learning).
Secured grant and initiated construction of 12-unit transitional housing
for recovering mentally ill clients.
Philip Charles Lang / page 3
1975 - 1980
Executive Director - Contra Costa Crisis and Suicide Intervention
Service
Chief Executive Officer of a county-wide, non-profit suicide preven-
tion/intelVention agency.
Special Achievements:
Built the agency from a $22K budget to $350K budget, and staff from
1 FIE to 5.
Secured agency's first county and state funding.
Developed five new crisis intelVention programs, including walk-in
service, "assertive follow-up," and groups.
1973 - 1975
Coordinator - Board & Care Consultation Unit, Santa Clara County
Mental Health Services
Developed and supervised a multi-disciplinary uni1t working with
residential care facilities seIVing the mentally ill and dlevelopmentally
delayed. The goal was to develop rehabilitative and resocialization
programs in the facilities and the community.
Special Achievements:
Developed programs based on socialleaming and educational models.
Coordinated/co-led training programs for owners and staff of residen-
tial facilities.
Recruited and trained volunteers for special programs.
Wrote training manuals, handbooks; produced videotapes.
'1972 - 1973
Instructor - Chapman College
Contract instructor for MFCC Program courses.
1972 - 1973
Psychiatric Social Worker III - Santa Clara County Mental Health
Services
Community services team leader, coordinator of day treatment, and
direct service (individual and group therapy) provider.
1972 .
Executive Director - Brotherhood Way Jewish Community Center, San
Francisco (interim position)
1970 - 1971
Fieldwork Supervisor - U.C. Berkeley, School of Socia.l Welfare
Supervised second year MSW students in gerontology.
1969 - 1971
Director of Social Services - California Rural Legal Assistance
Special Achievements:
Designed and implemented a self-help advocacy program for those 55
years of age and older.
Recruited, trained, and deployed senior lay advocates.
Wrote major book/training manual on paralegal advm~acy.
1966 - 1969
Supervisor I - Alameda County Social Services Agency
- .'--'--~----------.--
Philip Charles Lang / page 4
1965 - 1967
MSW Program - University of California, Berkeley
1963 - 1965
Social Worker I & II - Alameda County Social Services Agency
PROFESSIONAL ACTMTIES:
Comm uni tv On!anization/Consultati onrrraining
Age Cente:r Alliance - Founding member of the Board. Secured first funding grant. A non-
profit committed to developing innovative programs in gerontology
(1988-1993).
ALMACA (Association of Labor and Management Consultants on Alcoholism)
Designed and taught their first professional development seminar
(1980) and workshop on crisis/suicide management (1982).
American Society on Aging
"Long-Term Care: How Long? What Terms? Who Cares?" - A
public policy workshop (Washington, D.C., 1989). .
"Eco-Gerontology" (San Francisco, 1990).
"Eco-Gerontology: A New Age for Aging" - Intensive workshop (San
Francisco, 1994).
Berkeley Family Alzheimer's Family Respite Center
Consultant (pro bono) (1988).
California Legislative Council for Older Americans
A senior power group organized around health care issues. Major
organizer. Developed health care proposals (1970-1971).
California - State - White House Conference on Aging
Health Care Task Force. Authored proposals adopted by conference
(1971).
Death, Dying, and Terminal Illness
Organizer and presenter at this ground-breaking conference for lay
people and professionals in Contra Costa County (1976).
San Francisco - Mayor's Technical Advisory Committee on Aging
Appointed by major. Worked on S.F. Master Plan for Aging.
Represented City at State White House Conference (1971).
Social Service Workers' Union - Local 535
Organizer - Statewide and Alameda chapter. Served on Alameda and
State executive boards. Drafted basic collective bargaining agreement.
Chief of collective bargaining for Alameda County (1967-1969).
HOUSING RELATED
AcrIVITIES
Bav Area Community Services Inc.
.
. Agency secured a 2+ million dollar grant to construct satellite senior homes-lO large-
scale low-income senior developments. Subsequently spun-off as an independent
corporation: Satellite Senior Homes, Inc.
. Agency initiated program of Oak Better Housing-acquisition and lrehabilitation of
homes, with subsequent "resale" to low-income families.
. Secured $500,000 HUD grant to construct 12 units for mentally ill returning to
community (an independent living center).
. Developed a residential program for autistic young adults. Found private home and
secured funding to develop it as a 6-resident facility.
Peninsula Volunteers. Inc.
. Agency operated two HUD sponsored low-income senior housing developments:
Partridge Place and Crane Place (30 and 95 units respectively). These are, respectively,
HUD 202 and HUD Section 8 developments.
· ~ Executive Director, secured county housing and community development funds to
rehabilitate' Partridge Place.
Private Initiatives
· Since 1985 have rehabilitated 16 units of affordable housing in Ashland and Medford,
Oregon.
· Have worked with community development groups, private individuals, and City of
Ashland on development of affordable housing.
. Knowledgeable about all phases of design, planning, construction, of individual and
multiple housing units.
· Informed about private and public sources of funding for housing.
----.--
... .
A-ry nuth ...ooding
727 tla:ck street
Ashland 01"\ 97520
J c,-uuarY 20 12006
To the Ashland 8i ty council'
p~ease consid.er my app~ica uon to serve on the Ash~and. Bud.get ~ommit tee.
1 have been an />.sw.and.er since September ~,~9S9' Since 1 have a d.egree in accounUng my i
interest in matters financial. has been continuous. 1 waS on the AsW.and.
schoo~ budget committee in the sixties, on the rlogue Val.~ey Transit ~istrict
jludget committee for eight yearS unti~ zo05 so 1 fee~ good. about an
opportunity to give service to the city that 1 ~ove.
ltespectfuHY sur;;~~ uJ~
CITY OF
ASHLAND
APPLICA TION FOR APPOINTMENT TO
CITY COMMISSION/COMMlTIEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street., or email christeb(Q.!ashland.or.us. If you have any questions,
please fed free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name -14 q f if R I,d 4' t,)()or[ I l1!1.
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Requesting to serve on: Ii-- ).5 l,7 q l'( I !-? l/dr"{'J (Commissi~nJCommittee)
Address 7 cZ -; Pet r k c; 1- A s lr ! q tIc!
Occupation R e it ve cf Phone: Home i:J- '1/ 7"9-' Z /06 b
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1. Edualtion Back2round
What schools have you attended?
What degrees do you hold?
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What additional training or education ha~e you had that would apply to this position?
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position? -r-=
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CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name ~ ;\'<" \\f-~, I. 0) N \.- \~ i-" 1
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5. Additional Information
How long have you lived in this community?
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Signature
CITY OF
ASHLAND
Council Communication
Meeting Date: February 21, 2006
Department: Administrative mes
Contributing Departments: NA
Approval: Gino Grimaldi ('
AFN Report- July 1 to December 31, 2005
Pf(7-.
Primary Staff Contact: Lee Tuneberg
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time:
30 Minutes
Statement:
This AFN Report covers July 1 to December 31,2005. This is the first financial report presented to
Council for FY 2005-06.
Background:
Previously, AFN financial reports and updates were provided quarterly, however, given all the
meetings and information sharing that has transpired since last summer, a report at the half-year mark
seems appropriate.
This report includes financial and statistical information similar to prior reports but adapted to update
the reader on overall trends. With the city processes to look at AFN operations and what could be
different, the formats and targets of prior quarterly reports no longer seemed appropriate or telling so
staff has tried to adjust them where thought to be beneficial. Staff can provide Council with additional
information or in different formats if so desired.
AFN Financial Narrative:
The cash balance was $569,116 at December 31. The amount has fluctuated from $'773,854 on July
1, 2005 to a negative $54,782 in October as monthly obligations were met. The large balance at the
beginning of the year included carry forward from FY 2004-05 and a $200,000 subsidy transfer to
meet a July debt service requirement. The December 31 amount also includes the $t>OO,OOO subsidy
transfer budgeted to meet the $432,227 interest payment in January. Cash flows and! the June
ending balance will need to be addressed to assure commitments are met.
800,000
Cash Flow Comparison
1,200,000
1,000,000
600,000
400,000
200,000
Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun
CCash In .Cash Oul
r.l'
Budget for AFN at the half year mark reflects operational revenues and expenses as discussed in
various meetings and other reports. A surcharge was implemented and then repealed causing some
impact on revenues (customer disconnects) and expenses (staff time and customer sE!rvice related
costs) but the approved CATV rate increase will not come into play until February of this year.
Fiscal Year 2006 Percent Fiscal Year 2005
Year-To-Date Fiscal Year 2006 Collected I Year-To-Date
Actuals Adopted Expended Balance Actuals
Telecommunications Fund
Taxes 0.00%
Charges for Services $ 1,351,563 $ 2,796,182 48.34% $ (1,444,6HI) $ 1,279,450
Interest on Investments 1,203 11,138 10.80% (9,93Ei) 3,863
Miscellaneous 26,653 16,000 166.58% 1 0,65~1 8,886
Other Financing Sources 500,000 500,000 100.00% 15,500,000
Total Revenues and Other Sources 1,879,419 3,323,320 56.55% (1,443,901i) 16,792,199
IT - Customer Relations\Promotions 53,981 223,614 24.14% 169,63:1 42,527
IT - Cable Television 779,152 1,656,687 47.03% 877,53!) 1,504,514
IT - Intemet 283,913 746,279 38.04% 462,36H
IT - High Speed Data 97,001 215,322 45.05% 118,32'1
Debt Services 800,489 1,234,248 64.86% 433,75!l 14,610,720
Contingency 140,000 0.00% 140,000
Total Expenditures and Other Uses 2,014,536 4,216,150 47.78% 2,201,614 16,157,761
Excess{Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (135,117) (892,830) 15.13% 757,71:1 634,438
Fund Balance, July 1, 898,750 963,017 93.33% (64,26?) 62,636
Fund Balance, December 31, $ 763,633 $ 70,187 1088.00% $ 693,441> $ 697,074
Revenues - Charges for service are at 48% of budget. Estimates for the year come close to the
budgeted amount when factoring in the CATV rate increase in the last half of the year - as long as
data services remain stable or continue to increase and television customer counts do not drop
significantly due to the rate increase and negative publicity. Interest earnings are below budget in that
cash flows are lower than predicted and the subsidy transfer was not done until late in December.
Miscellaneous income represents fees paid for infrastructure work done, yet also repnssents added
costs in the field.
Expenses - Operational costs (excluding debt service) are 43% of budget and are 88% of revenues
year to date (excluding the $500,000 transfer). This would indicate budget compliancls and that
operating revenues are covering operational costs for the year. However, there are anticipated
infrastructure and capital costs in the last half of the year that will definitely impact that ratio. Also, a
significant portion of the IT Director position is budgeted in AFN causing a "savings" siince it has gone
unfilled during the first half of the year.
These comparisons do not include debt service and non-budget expenses like depreciation.
r.t. ,
Operational Revenues to Expenses
Comparison
300,000
250,000
200,000
150,000
100,000
50,000
I Jul
L___
Aug
Sep
Oct
Nov
Dee
Jan
Feb
Mar
Apr
May
I
I
I
'"oj
l!? Revenues: . Expense~
The above chart does not include debt service.
Debt Service -In July 2005 the city paid $800,489 in interest (slightly less than the scheduled amount
due to a residual amount held by the trustee) and $432,227 in January (not recorded in this report) to
complete the fiscal year budget. Another $432,227 interest payment is due July 15, 2006.
Contingency of $140,000 has not been needed to augment existing appropriations. A supplemental
budget in January added to the Contingency amount in case there are needed changE!s by year end
but that amount is not included in this report and further changes to the budget will require Council
approval.
Fund balance is $763,633 at December 31 as compared to the projected ending fund balance of
$70,187. These amounts will change as mentioned above and provisions for meeting debt service
requirements in July, 2006, must be addressed. Staff is preparing a report that provides alternatives
available to Council.
Below is a table and graph showing CATV subscriber history and the activity during the first six
months of this year.
City of Ashland
Recap of Cable Customers
Jul Aug Sep Oet Nav Dee Jan Feb Mar Apr May Jun
2001-02 1 ,469 1,572 1,668 1,865 1,964 2,033 2,189 2,301 2,386 2,454 2,498 2,499
2002-03 2,517 2,550 2,597 2,722 2,764 2,817 2,860 2,906 2,956 2,992 2,997 2,961
2003-04 2,967 2,977 3,024 3,081 3,108 3,096 3,082 3,119 3,133 3,131 3,146 3,100
2004-05 3,113 3,099 3,182 3,210 3,202 3,209 3,210 3,193 3,214 3,200 3,207 3,170
2005-06 3,163 3,145 3,183 3,183 3,155 3,150
Customer counts for this fiscal year are about 60 less than the prior year. The seasonal aspects of
connects and disconnects for the last three fiscal years can be seen below. The signiflicant increase in
customer counts during FY 2003-04 reflect new areas still being connected through construction
efforts through December. Seasonal changes then become apparent at the end of each year and the
beginning of the next. In FY 2005-06 the return to school (Fall) growth of customers was short lived
as the information and discussions from the Option Committee meetings, changes in rates and
surcharges worked against us.
~.,
3,250
3,200
3,150
3,100
3,050
I 3,000
I 2,950
L
City of Ashland
Cable Counts by Fiscal Year
...... '. .... ....... . ..................
............... .........
.... .
'.
.'
.... ......
Jul
Aug
Sep
Oct
Nav
Dee
Jan
Feb
Mar
Apr
May
Jun
! -+- 2003-04 :.... -. 2004-05 - 2005-061
The chart below was created from information gathered by our Customer Service staff at the point of a
disconnection request. The data indicates that the largest percent of disconnects are related to
customers moving away from Ashland. Some customers disconnecting have referred to the ongoing
discussions on AFN's future and funding alternatives but it is likely that the biggest impact is fewer
new connections are occurring for the same reasons.
Disconnects for internal transfer, upgrades or downgrades are omitted
CATV Reasons for Disconnection - FY 2005-06 - July to Date
300 I
;:: r-
100
50
245
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Cable modem customer counts continue to increase. AFN's superior product recogni2:ed an increase
of 210 (5.7%) since June 30. The growth in cable modem customers for FY 2004-05 was
approximately 7% over the prior year count. Please remember that the majority of these connects are
customers of the City's seven internet service providers.
Cable Modem Connections
4,500
4,000
3,500
3,000
2,500
2,000
1,500
1,000
500
June 30, 2003
June 30, 2004
June 30, 2005
December 31, 2005
AFN is marketing services in the Ashland Independent Newspaper, JPR, Table Rock radio coverage
of SOU and AHS sports (basketball), Tidings, Sneak, Yellow Pages, and the AHS theater. New
testimonials are airing on Channel 20 that reaches non-subscribers via businesses. Upon resolution
of AFN's direction new programs and a "launch" of services can be implemented.
Related City Policies:
Ashland's City Council identified as a goal to improve the performance of AFN. Quart'erly reports
were identified as one tool in keeping Council current on operations. The format of subsequent
reports may change under the direction of the Information Technology Director or basled upon work of
the AFN Options Committee.
Council Options:
Not applicable.
Staff Recommendation:
Accept this report.
Potential Motions:
Council moves to accept this report.
Attachments:
None
~A'
-,---
CITY OF
ASHLi\ND
Council Communication
Meeting Date: February 21, 2005
Department: Administrative~ Ses
Contributing Departments: NA
Approval: Gino Grimaldi ('
Discuss Allocation of Unused Transient Occupancy Tax Grant Monies
~
Lee Tuneberg 552-2003
tuneberl@ashland.or.us
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Estimated Time: 20 Minutes
Statement:
Resolution 2004-32 provides allocation of Transient Occupancy Tax revenue each budget year through the
Economic and Cultural Development grant process. The resolution does not address what to do if the Budget
Committee does not approve awards totaling the amount required or what to do if a grantee returns unused
amounts.
Background:
Resolution 2004-32 states that beginning in Fiscal Year 2004/2005, the City Council will appropriate thirty three
and one third percent of the anticipated Transient Occupancy Tax monies for Economic and Cultural
Development. City Council adopted the 2005-06 budget which included grant funds for the Ashland Chamber of
Commerce of $245,241 ($82,041 for tourism and $163,200 for economic development) and the Oregon
Shakespeare Festival of $112,200. The other grantees' requests totaled $218,203 with $122,745 being awarded
to them.
There is no clear direction from the resolution or Council's intent as to:
1. Can the budget committee choose to not allocate the entire budgeted amount per the resolution.
2. What happens to unallocated amounts or to granted amounts returned by the recipient.
Over the last eight years, there have been a few instances where amounts in both situations occurred but were
treated differently. Since FY 1997-98 a net total of $53,031 has remained in the General Fund, and only one year
where more grant money was expended than budgeted; most years resulting with an unused portion.
Councilor Silbiger has requested a determination on what action should take place with unalloc8lted or returned
amounts.
Staff would welcome a discussion and determination on both questions.
Changes in the intent may require a revision to the current resolution for the FY 2006-07 budget.
r;.,
Related City Policies:
Resolution 2004-32
Council Options:
Take no action, which may result in unused amounts reverting to the General Fund.
As a point of policy, direct staff to re-budget unused funds in the next budget year possible.
Direct staff to present an amended resolution to address the issue(s) discussed.
Staff Recommendation:
Staff is open to either direction as long as the City remains compliant with State tourism expenditure
requirements. The safest approach would be to re-budget unused amounts.
Attachments:
Resolution 2004-32
Economic and Cultural Grant History
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RESOLUTION NO. 2004- "b'L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURl~ OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTELlMOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 2004-11
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
"\"
SECTION 1. That the city council recognizes that the source of monies for the gconomic
and Cultural Development Grant program is the HotellMotel Tax.
SECTION 2. The following are the goals which the Economic and Cultural Devdopment
Committee is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
I) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development.
SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropri;~t1~ thirty-
three and one-third percent (33.3%) of the anticipated HotellMotel tax monies for Economic
and Cultural Development. The City of Ashland has determined that as of July 1,2003,
$186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion,
as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT revenues
budgeted.
The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon
Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432
and $110,000, respectively, adjusted each year by the amount of inflation or deflation
established in the Budget process. An additional amount of $160,000, adjusted each year by
the amount of inflation or deflation established in the Budget process, will be granted
annually to cac for economic development projects in cooperation with City staff. The
allocations in this paragraph shall sunset after three years.
Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF
or other group during the budget process. The remainder of the monies budgeted for these
grants may be allocated to granteesfor activities fitting in any of the three categories set forth
in Section 2 of this Resolution.
TOT Resolution 9/07/04 page I of2
By January 31 of each year each recipient of grants under this resolution shall submit a report
to the city council setting forth how the grant funds received were expended in furtherance of
the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature. .
t) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley.
g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply
for and receive funds.
SECTION 5. Resolution 2004-11 is repealed upon passage of this resolution.
SECTION 6. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland Municipal Cod(~ Section
2.04.090 duly ~(-!:!J: ~~ .
PASSE/,nd ADOPTED this~day of ~t 2004
~~
,
Barbara Christensen, City Recorder
f1./~'!!J ~
SIGNED and APPROVED this~day ~sGS 2004:
/
~-P~.
Alan DeBoer, Mayor
TOT Resolution 9/07/04 page 2 of2
~
RESOLUTION NO. 2004- / J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ASHLAND REITERATING ITS POLICY OF REU'TING
THE EXPENDITURE OF MONIES FOR ECONOMIC AND
CULTURAL DEVELOPMENT TO THE HOTEUMOTl:L
(Transient Occupancy) TAX AND REPEALING
RESOLUTION 2000-25
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. That the city council recognizes that the source of monies fOlr the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Economic and Cultural Development Committee
is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
1) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development.
SECTION 3.
Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty-three and
one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for EGonomic and
Cultural Development. The City of Ashland has determined that as of July 1, 2003,
$186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism
promotion, as defined in Chapter 818 of the 2003 Oregon laws, and will continue to be
spent on tourism promotion increased or decreased annually consistent with the
estimated TOT revenues budgeted.
The amount to be allocated annually to Ashland Chamber of Commerce (COC) and
Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall
be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation
or.deflation established in the Budget process. An additional amount of $160,000,
adjusted each year by the amount of inflation or deflation established in the Budget
1- 2004 TOT final resolution
-----.-
process, will be granted annually to eoe for economic development projects in
cooperation with City staff. The allocations in this paragraph shall sunset after three
years.
Any additional amount for tourism required by Chapter 818 shall be allocated to eoe,
OSF or other group during the budget process. The remainder of the monies budgeted
for these grants may be allocated to grantees for activities fitting in any of the three
categories set forth in Section 2 of this Resolution.
By January 31 of each year each recipient of grants under this resolution :shall submit a
report to the city council setting forth how the grant funds received were expended in
furtherance of the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
1) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley.
SECTION 5. Resolution 2000-25 is repealep upon passage of this resolution.
SECTION 6. This resolution takes effect upon signing by the mayor.
Municipal Code
, 2004. .
arbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
/Y} A ,..
,2004.
~~~.
R~;~
Paul Nolte, City Attorney
2- 2004 TOT final resolution
Alan W. DeBoer, Mayor
~ ~
RESOLUTION NO. d f5lJD -d 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPME~IT TO THE
HOTEUMOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 98-23.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the HotellMotel Tax.
SECTION 2. Beginning in Fiscal Year 200112002, the City Council will appropriate thirty
three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monil9s for
Economic and Cultural Development. Sixty percent (60%) of these funds will be
allocated to the Ashland Chamber of Commerce; twenty eight percent (28%) will be
allocated to the Oregon Shakespeare Festival; and twelve percent (12%) willi be granted
to local organizations which promote Economic and Cultural Development. The
anticipated budget for subsequent fiscal years shall be based on the previolUs year's
actual receipts. Actual receipts which exceed the anticipated amounts will remain in the
General Fund. By January 31 of each year the Chamber of Commerce andl the
Shakespeare Festival shall make a report to the City Council regarding meE~ting the
goals in Section 3.
SECTION 3. The fOllowing are the goals which the Economic and Cultural Development
Committee is attempting to meet by granting money to applicants.
a) To respond to general inquiries about business in the City.
b) To promote tourism.
c) To provide assistance to existing small businesses.
d) To provide technical and financial assistance for the expansion of existing
businesses.
e) To provide technical and financial assistance for the development of new
businesses.
f) To provide information and financial assistance to small cultural organizations to:
1) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens.
SECTION 4. The following guidelines and criteria are established for the Eexmomic and
Cultural Development Grants.
a) Grantee shall be a 501 (c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
G:\city-admin\admin\Administration\Reso-Hotel Motel tax 2000
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues
in the Rogue Valley.
SECTION 5. Resolution 98-23 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code Sec.
2.04 90 duly PASSE a d ADOPTED this.f!L day o~ooo.
arbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of ~ .2000.
~~
Catherine M. Shaw, Mayor
~d as to fonn:
Paul 0 te, City Attorney
G:\city-admin\admin\Administration\Reso-Hotel Motel tax 2000
1. Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
1987-09
1990-36
1993-12
1998-02
1998-23
2000-25
2. Text of RESO is already formated for word processor.
RESOLUTION NO. 98-A 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR
ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL
(Transient Occupancy) TAX AND REPEALING RESOLUTION 98-02.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
~
SECTION I. That the City Council recognizes that the source of monies for the Economic and
Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. That the City Council will appropriate thirty three and one-third JX:rcent (33.3%)
of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. Sixty
percent (60%) of these funds will be allocated to the Ashland Chamber ofComme:rce; twenty
eight percent (28%) will be allocated to the Oregon Shakespeare Festival; and twelve percent
(12%) will be granted to local organizations which promote Economic and Cultural
Development. Effective with the 1998-1999 budget, and annually thereafter, the allocations to
the Shakespeare Festival and the Chamber of Commerce shall be adjusted by an amount equal to
their respective shares of the actual tax collection in the previous fiscal year. By January 31 of
each year the Chamber of Commerce and the Shakespeare Festival shall make a report to the City
Council regarding meeting the goals in Section 3.
SECTION 3. The following are the goals which the Economic and Cultural Development
Committee is attempting to meet by granting money to applicants.
a. To respond to general inquiries about bus~ness in the City
b. To promote tourism
c. To provide assistance to existing small businesses
d. To provide technical and financial assistance for the expansion of existing businesses
e. To provide technical and financial assistance for the development of new businesses
f. To provide information and financial assistance to small cultural organizations to:
I) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens
.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants.
a. Grantee shall be a 501 (c) non-profit agency
b. Grantee shall be a non-governmental agency
c. Grantee shall promote livability for the Citizens of Ashland
d. The minimum grant proposal will be $1,000
e. The grant will benefit Ashland in regards to enrichment and activities of an economic
nature
f. Grantee shall serve the population in Ashland but may encompass other venues in the
Rogue Valley
SECTION 4. Resolution 98-02 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090
duly PASSED and ADOPTED this /'- day of S'fk4. hu , 1998.
dud. if. 5"~
Derek D. Severson,
Acting City Recorder
SIGNED and APPROVED this ltld day of Se.(.JeMW , 1998.
~ ~o~~
RelCf;:Ik
Paul Nolte, City Attorney
Catherine M. Shaw, Mayor
Revised: 08-14-98
G:\BlJDGET\Ords &. Resolutions\Econ Resolution 1998. wpd
1. Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
1987-09
1990-36
1993-12
1998-02
1998-23
2000-25
RESOLUTION NO. 98- O~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES
FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEUMOTEL
(Transient Occupancy) TAX AND REPEALING RESOLUTION 93-12.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. That the City Council will appropriate thirty three and one-third perce~
(33.3%) of the anticipated HotellMotel tax monies for Economic and Cultural
Development. Sixty percent (60%) of these funds will be allocated to the Ashland
Chamber of Commerce; twenty eight percent (28%) will be allocated to tho Oregon
Shakespeare Festival; and twelve percent (12%) will be granted to local olrganizations
which promote Economic and Cultural Development. Effective with the 1 ~199-2000
Budget, and annually thereafter, the allocations to the Shakespeare Festival and the
Chamber of Commerce shall be adjusted by an amount equal to their respective shares
of the actual tax collection in the previous fiscal year. By January 31 of e~lch year the
Chamber of Commerce and the Shakespeare Festival shall make a report: to a joint
meeting of the City Council and the Budget Committee regarding meeting the goals in
Section 3.
SECTION 3. The following are the goals which the Economic and Cultural
Development Committee is attempting to meet by granting money to applicants.
a. To respond to general inquiries about business in the City
b. To promote tourism
c. To provide assistance to existing small businesses
d. To provide technical and financial assistance for the expansion of existing
businesses
e. To provide technical and financial assistance for the developme:nt of new
businesses
f. To provide information and financial assistance to small cultural organizations
to:
1) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants.
a. Grantee shall be a 501 (c) non-profit agency
b. Grantee shall be a non-governmental agency
c. Grantee shall promote livability for the Citizens of Ashland
d. The minimum grant proposal will be $1,000
e. The grant will benefit Ashland in regards to enrichment and activities of an
economic nature
f. Grantee shall serve the population in Ashland but may encompass other
venues in the Rogue Valley
SECTION 4. Resolution 93-12 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code
T~, 1998.
~2.04.090 duly PASSED and ADOPTED this /7 day of
~
Barbara Christensen, City Recorder
SIGNED and APPROVED this /Y' day of .1~~ ,1998.
~~~
Catherine M. Golden, Mayor
Reviewed as to form:
/?~-----
Paul Nolte, City Attorney
Revised: 02113/98
(G:\budget\economic\reS098)
1. Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
. 1987-09
1990-36
1993-12
1998-02
1998-23
2000-25
RESOLUTION NO. '13-1 ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, REITERATING
ITS POLICY OF RELATING THE EXPENDITURES OF FUNDS FOR ECONOMIC
DEVELOPMENT TO THE HOTEL/MOTEL (TRANSIENT OCCUPA!JCY) TAX.
RECITALS:
A. The maintenance and development of tourism is directly
interrelated to the health of the entertainment, food, and
lodging industries in Ashland.
B. In 1979, a formula was implemented which allocated a percentage
of the Hotel/Motel Tax revenues to promote and enhance tourism
and other economic development strategies.
C. The Citizens Budget Committee and City council have determined
that funding for economic development activities should
henceforth be tied to the annual growth or reduction of current
general fund revenues.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the Council hereby restates its recognition that the
source of funding for economic development activities continues to be
t~e Hotel/Motel Tax.
SECTION 2. That the Council is committed to maintaining its historic
support for economic development activities as a whole, but cannot
limit the Citizens Budget Committee or future city Councils to
specific appropriations for programs which have been funded in the
past.
The foregoing Resolution was READ by title
re~lar meeting Of~Y council of the
~~ day of , 1993.
~~,?t~
Nan E....... Franklin
City Recorder
only and DULY ADOPTED at a
City of Ashland on the
SIGNED and APPROVED this
1~
,
day of ~
~,J;~
Cather1ne M. Golde
Mayor
, 1993.
~.PB ved as to form:
~tJ~~
P ul Nolte
city Attorney
(~\ecoadev .Rea)
~
. - ~--------_.._-------_. -.- ---------_...-
1. See Also:
RESO 2000-25
RESO 1998-23
RESO 1998-02
RESO 1987-09
RESO 1986-49
RESO 1986-47
-.....-
RESOLUTION NO. ~7-CJ7
A RESOLUTION DECLARING THE CANVASS. OF THE VOTE AT THE SPE:Cl!AL ELCTION
HELD IN AND FOR THE CITY OF ASHLAND, OREGON ON MARCH 31, 1~87.
WHEREAS, the City Council of the City of Ashland1met on the
'/t:!- day of .April, 1987, at tile Civic Cep.ter of said CitY' ~nd proceeded
to canvass the vote cast at the Special Election held in aI1d for the
said City of Ashland on the 31st day of March, 1987, and
WHEREAS, the said Council has canvassed the said :vote and has
determined the number of votes for the one measure as follows:
MEASURE NO. 51
Referendum pertaining to
the increase in the transient
occupancy tax.
Yes - _~ votes
No _~ votes
NOW, THEREFORE, be
City of Ashland as follows:
'SECTION 1. Measure No. 51, which referred the i~crease in
the transient occupancy tax to the voters of the City, is ~ereby declared
to have passed.
The foregoing Resolution was read and. 990pted a.t ,the regular
meeting of the City of Ashland Council on the Z!f:.... day of 1\jpril, 1987.
I
Dated this~day of April, 1987.
I
,I
it resolved by the City COUIl.cJ.jl of the
APPROVED:
X-~. 7J1-~
MAYOR '
ATTEST:
C-AUAV ,,_~~
CITY RECORDER
~
-1- Reso.lution No. f"7-tJ9
. RONALD L. SALTER
ATTORNEY AT LAW
84 THiRD 8TRIEIET
ASHLAND. CREGCN Sl7SZ0
n____ _ __----.-
PROCLAMATION
I, L. GORDON MEDARIS, Mayor of the City of Ashlan~, Oregon,
do proclaim that at the special election held in and for th~ City of
I
Ashland, Oregon on the 31st day of March, 1987, there was spbmitted to
I "
the voters for their approval or rejection one measure, beipg No. 51,
entitled, "Referendum of One Percent (1%) Increase in the T~ansient
Occupancy Tax" is hereby declared to have passed.
Dated as Ashland, Oregon this ~ day of April, 1987.
~&~~~/Pl~
L. GORDON" MEDARIS, Mayor
.
RONALD L. SALTER
ATTORNEY AT LAW
84 THIRD STREET
ASHLAND, OREGON 97520
(503) 482-4215
April 2, 1987
Ms. Nan Franklin
City Recorder
City Hall
Ashland, Oregon 97520
Re: Resolution & Proclamation - Measure No. 51
Dear Nan:
As requested,
concerning the March 31
will have the number of
next Tuesday.
enclosed is a Resolution and P~oclamation
I
election. It is understood 1:ha!t you
votes available for the Counci~ meeting
Very truly yours,
~~.
RbNALD L. SALTER
City Attorney
RLS/pc
Enclosures
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E-4 E-f
1. Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
1987-09
1990-36
1993-12
1998-02
1998-23
2000-25
----.-
RESOLUTION NO. f't. - &
A RESOLUTION AMENDING RESOLUTION NO. 86-47, WHICH RELATED T~ A SPECIAL
ELECTION CONCERNING THE TRANSIENT OCCUPANCY TAX.
BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS:
SECTION 1. Section 4 of Resolution No.86~47 is ~ereby amended
to read as follows:
"Section 4. For the purpose of this electio., the
polling places shall be as directed by the Jackson County
Clerk."
SECTION 2. In all other respects, Resolution No.86-47 remains
unchanged.
The foregoing Resolution was duly passed at a r,eglJlar meeting
of the Common Council held on the I~'~day of December, 1986.
Dated this I?~~ day of December, 1986.
APPROVED:
~4~./~~. 7/{.~~~
MAYOR .
ATTEST:
C4.~ r; ~~.
CIT RECORDER
~
-1-
Resolution. No. jt,-/ft
RONALD L. SALTER
ATTORNEY AT LAW
84 THIRD eTREET
ASHLAND, CREGCN 9752C
RONALD L. SALTER
ATTORNEY AT L.AW
e... THIRD STREET
ASHLANO.OREGON 97520
(!l03) 482.42 l!l
December 5, 1986
Ms. Nan Franklin
City Recorder
City Hall
Ashland, Oregon 97520
Re: Transient Occupancy Tax Resolution
Dear Nan:
Enclosed is a Resolution amending the hotel/mptel tax
election Resolution, with respect to the polling places,. As
you have indicated, the polling places change in a spec~al
election depending upon certain decisions made by the Jackson
County Clerk. Accordingly, it is appropriate for us to just
generally indicate that the polling places will be as: the Clerk
directs.
Please fill in the number of the basic Rescllution in
the blanks. contained in this Resolution and ask Irma to place
it on the next agenda.
truly zrs.
D L. SALTER
Attorney
RLS/pc
Enclosure
1. Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
1987-09
1990-36
1993-12
1998-02
1998-23
2000-25
RESOLUTION NO. ~
A RESOLUTION CALLING A SPECIAL ELECTION ON THE 31st DAY OF MARCH, 1987,
IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE LEGAL VOTERS
A MEASURE CALLING FOR THE REJECTION OF ASHLAND ORDINANCE NO. 2400, WHICH
PERTAINED TO THE INCREASE IN THE TRANSIENT OCCUPANCY TAX.
BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS:
SECTION 1. A special election is hereby called to be held in
the City of Ashland, Oregon on the 31st day of March, 1987, from 8:00 a.m.
until 8:00 p.m., at which election there shall be submitted to the legal
voters for their adoption or rejection of Ashland Ordinance No. 2400,
entitled, "An Ordinance Amending Section 4.24.020 of the Ashland
Municipal Code Increasing the Transient Occupancy Tax to 7%."
SECTION 2. That the Ballot Title is as follows:
No. 51
REFERENDUM OF 1% INCREASE IN THE TRANSIENT
OCCUPANCY TAX
Question:
Shall Ashland Ordinance No. 2400, which
increased the transient occupancy tax from
6% to 7% be rejected?
YES
NO
/ /
I I
Explanation:
Ashland Ordinance No. 2400 increased the tax paid
by the traveler using a hotel, motel or other
traveler's acco~tion from 6% to 7%. A yes
vote will reject ~ tax increase.
SECTION 3. That the City Recorder is hereby reiquested and
directed to give due notice of such Special Election hereby called as
provided in the Charter and Ordinances of the City of Ashland, Oregon.
SECTION 4. For the purpose of this Election, t:he polling
places for Ward No. 1 shall be the Briscoe School, 265 North Main Street,
that Ward No.1 shall consist of Ashland Precincts 2, 3, 4, 5 and 7.
That the polling place for Ward No. 2 shall be the Ashland Middle School,
100 Walker Avenue, that Ward No. 2 shall consist of AshlaLnd Precincts
1, 6, 10, 11, 12 and 13.
SECTION 5. The City Recorder is hereby authorized and directed
to employ qualified persons to serve as Chairman, Judge alnd Clerks on
the Boards of the various precincts.
-1- Resolution No. rt,-i7 RONALD L. SALTER
ATTORNEY AT LAW
." THIRD IITRICItT
ASHLAND. OREGON 9'7520
The foregoing Resolution was duly passed at a rBgular meeting
of the Common Council held on the Lf!!- day of ~4-~c.- , 1986.
Dated this ~"t>I--day of ~ ' 1986,.
APPROVED:
~.&~ ~~
v MAYOR r
(
ATTEST:
:::1~~;z:~
. CIT RECORDER
-2- Resolution No. fi.-~?
. RONALD L. SALTER
ATTORNEY AT LAW
.'" THIIU) 8TRGET
.DUI&U~ "Drft"Lla~.~"
NOTICE OF SPECIAL ELECTION
IN THE CITY OF ASHLAND, OREGON
NOTICE IS HEREBY GIVEN that a Special Election has been called and will
be held in the City of Ashland, Oregon on the 31st day of March, 1987,
at which time there will be referred to the legal voters of said City
for their approval or rejection, Ashland Ordinance No. 2400, which
increases the transient occupancy tax from 6% to 7%.
follows:
No. 51
The Ballot Title of said Measure to be submitted reads as
REFERENDUM OF 1% INCREASE IN THE TRANSIENT
OCCUPANCY TAX
Question:
Shall Ashland Ordinance No. 2400, which
increased the transient occupancy tax from
6% to 7% be rejected?
YES / /
NO / /
Explanation:
Ashland Ordinance No. 2400 increased the tax paid
by the traveler using a hotel, motel or other
traveler's accommodation from 6% to 7%. A yes
vote will reject this tax increase.
The Polling Places for the purpose of this Elec,tion are as
follows:
Ward 1 (consisting of Precincts 2, 3, 4, 5 and 7) Briscoe
School, 265 North Main Street, Ashland, Oregon.
Ward 2 (~onsisting of Precincts 1, 6, 10, 11, 12 and 13)
Ashland Middle School, 100 Walker Avenue, Ashland, Oregon.
The Polling Places for said Special Election shall be open
between the hours of 8:00 a.m. and 8:00 p.m.
BY ORDER OF THE CITY COUNCIL, of the City of Ashland, Oregon,
dated /y#c day of 7r~~' 1986.
Q~~~ ~~
NAN E. RANKLIN, City R~~corder
City of Ashland, Oregon
Notice of Special Election
RONALD L SALTER
ATTORNEY AT L.AW
84 THIRD STREET
ASHLAND, OREGON 97520
UI031 <482-42 t 5
October 21, 1986
Ms. Nan Franklin
City Recorder
City Hall
Ashland, Oregon 97520
Re: Special Election - Transient Occupancy Tax
Dear Nan:
As requested, enclosed is a Resolution and Notice.
We have taken the polling places from a older electi.on, and
if they are incorrect, either feel free to make the changes,
or let me know and I will.
Of course, if you have any questions, please feel
free to call.
Very truly yours,
RONALD L. SALTER
City Attorney
RLS/pc
Enclosure
1. Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
1987-09
1990-36
1993-12
1998-02
1998-23
2000-25
ORDINANCE. NO. 1870
....
AN ORDINANCE ADDING A NEW CHAPTER 4.24 TO THE ASH-
LAND MUNICIPAL CODE, LEVYING A TAX ON TRANSIENT
OCCUPANTS OF THE CITY OF ASHLAND; FIXING THE AMOUNT
AND PROVIDING FOR T~E COLLECTION THEREOF; PRESCRIB-
ING PENALTIES FOR VIOLATIONS; AND ESTABLISHING AN
EFFECTIVE DATE THEREFOR.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. A new Chapter ~.?4 ls hereby added to the Ash-
land Municipal Code to read as fol lows:
Sections:
4.24.010
4.24.020
4.24.030
4.24.040
4.24.050
4.24.060
4.24.070
4.24.080
4.24.090
4.24 . 100
4.24.110
4.24.120
4.24.130
Chapter 4.24
~J
TRANSIENT OCCUPANCY TAX
'--
Definitions.
Tax lmposed.
Exemptions.
Operator's Outles.
RegIstration.
Reporting and Remitting.
PenaltIes and Intent.
Failure to Collect and .Report Tax--Determlnation
of tax by Tax Administrator.
Appeal.
Records.
Refunds.
ActIons to Collect.
Violatlons--Mlsdemeanor.
4.24.010 Definitions. Except where the context otherwise
requires, the definitions contained In this section shall govern the
construction of this chapter:
(a) Person shall mean any Individual, firm, partnership,
Joint venture, assocIation, socIal club, fraternal organization,
joint stock company, corporation, estate trust, busIness trust,
receiver, trustee, syndIcate, or any other group or combination
acting as a unit.
(b) Hotel shal I mean any structure, or any portIon of any
structure, whIch is occupied, or Intended or deslgne~ for occupancy
by transIents for dwell lng, lodgIng or sleepIng purposes, and
Includes any hotel, Inn, tourist home or house, motel, studio
hote I, bache lor hote I, I odg I ng hous-e, room I ng house, apa rtment
house, dormitory, publ Ie or private club, mobllehome or house
trailer at a fixed locatIon, or other sImilar structure or
portion thereof.
(c) Occupancy shal I mean the use or possession, or the
r!ghj' to the use or pcssession of any room or rooms l)r portIon
thereof, In any hotel for, dwelling, lodgIng or sleeping purposes.
Cd) Translent shal I mean any person whoexercfses occupancy
or is entitled to occupancy In a hotel by reason of concessIon,
permit, right of access, I icense or other agreem~nt for a period
of thIrty (30) consecutIve calendar days or fess, countIng portIons
of calendar days as full days. Any such person so occupying space
In a hotel shal I be deemed to be a transient until the period of
thIrty (30) days has expIred unless there Is an agreement In
wrItIng between the operator and the occu~ant provIdIng for a
longer perlod of occupancy. In determtn ',:g whether 21 person Is
a transIent, unInterrupted periods of t'~e extendIng both prlor
and subsequent to 'the effectIve date of 'thIs chapter m'ay be
considered.
(e) Rent shal I mean +he consideratJon charged, whether or
- . - .
not received by the operator, for the occupancy of space In a hotel
valued i,n money, whether to be receIved In money, goods, labor ~r
otherwise, Including all receIpts, cash, credits and property and
services of any kind or nature, wIthout any deductIon therefrom
whatsoever.
-2-
(f) Operator shall mean the person who Is proprIetor of the
hotel, whether In the ca," cIty of owner, lessee, sublessee, mort-
gagee In possessIon, lIcense, or any other capacIty. Where the
operator performs hts functIons through a managIng agent of any
type or character other than an employee, the managIng agent shal I ~Is
be deemed an operator for the purposes of thIs chaptElr and shal I
have the same duties and I labll (tres as hIs prIncIpal. Compllance wIt
the provlslons of this chapter by eIther the princIpal or the manag-
ing agent shall, however, be consIdered to be compl iance by both.
(g) Tax Admrnistrator shal I mean the DIrector of FInance of
the CIty of Ashland, or his desIgnee.
4.24.020 Tax Imposed. For the prIvilege of occupancy In
any hotel, each transient Is subject to and shal I pay a tax tn the
amount of five (5%) percent of the rent charged by the operator.
Said tax constItutes a debt owed by the transTent to the CIty whIch
is extinguished only by payment to the operator or to the CIty.
The transtent sha' I pay the tax to the opera~or of the hotel at
the time the ren1 is paId. If the rent Is pafd In Installments,
a proportionate share of the tax shall be paid wIth each Install-
ment. The unpaid tax shal I be due upon the translentts ceasIng
to occupy space In the hotel. If for any reason the tax due Is
not paId to the operator of the hotel, the Tax AdmInIstrator
may requIre that such tax shal I be paId dIrectly to the Tax
AdmInIstrator.
4.24.030 ExemptIons. No tax shal Ibe Imposed upon:
ea) Any person as to whom, or any occupancy as to which,
It is beyond the power of the City to Impose the tax herein provIded;
-3-
( b )
Any occupant whose rent rs of a varue less ~han
$~/J
$4.00
per day.
(c) Any officer or employee of a foreIgn government who Is
...
exempt by reason of express provIsion of federal law or rnternat-
lonal treaty.
No exemption shal I be granted except upon a wrItten claim therefor
made at the time rent is collected and under penalty of perjury
upon a form prescribed by the Tax AdminIstrator.
4.24.040 Operator's Duties. Each operator shall collect
the tax Imposed by this chapter, to the same extent and at the
same tIme as the rent Is collected from every transIent. The amount
of tax shal I be separately stated from the amount of the rent
charged, and each transIent shal I upon demand receIve a receIpt for
payment from the operator. No operator of a hotel shall advertIse
or state In any manner, whether dIrectly or Indlrectly_ that the
tax or any part thereof wI II be assumed or absorbed by the operator,
or that It wll I not be added to the rent, or that, If added, any
part wil I be reft lded except in the manner herelnaftelr provIded.
Every operator required to collect the tax imposed herein shal I be
ent i tied to reta in five percent (:5%) of a I I taxes co I I ected to
defray the costs of collectIons and remIttance.
4.24.050 RegIstratIon. WIthin thirty (30) days after
the date of adoption of this chapter or wIthin thir.ty (30) days
after commencing business, whichever is later, each operator of
any hotel renting occupancy to transiertts shall regIster sard
hotel wIth the Tax AdminIstrator and obtaIn from him a "Transient
Occupancy Registration Certificate" to be at al I tImes posted In
a conspicuous place on the premIses. SaId certifIcate shal I,
among other things, state the fol lowIng:
(I) The name of the operator;
(2) The address of the hotel;
(3) The date upon whIch the certIficate was Issued; and
(4) The fol lowing statement:
"This Transient Occupancy RegIstration CertifIcate
signifIes that the person named on the face hereof has
fulfil led the requIrements of this part by regIstering with
the Tax AdminIstrator for the purpose of collectIng from
transIents the TransIent Occupancy Tax and remitting said
tax to the Tax Administrat6r. ThIs ~e~tlflcate does not
authorIze any person to conduct any unlawful busIness or
to conduct any lawful. busIness In an unlawful manner, nor
to operate a hotel wIthout strictly complying with all
local applicable laws, Including but not lImIted to those
requiring a permit from any board, commIssIon, department
or office of thIs CIty. This certIficate does not con-
stitute a permit."
4.24.060 Reportinq and Remlttlnq. Each operator shal I~
on or before the 25th day of the month fol lowing the end of each
calendar quarter (in the months of April, July, October and Jan-
uary), make a return to the Tax Administrator, on forms provided
by him, of the total rents charged and received and the amount' of
tax collected for transient occupancies. At the tIme the return
is flied, the ful I amount of the tax collected shal I be remItted
to the Tax AdminIstrator, T~e Tax Administrator may establ Ish
shorter reportIng periods for any certIficate holder If he deems
it necessary In order to Insure collection of the tax and he may
requIre further informatIon In the return. Returns and payments
are due Immediately upon cessatl6n of business for any reason.
.
All taxes collected by operators pursuant to thls,chapter shal I be
held in trust for the account of the City until payment thereof
Is made to the Tax AdminIstrator.
4.24.070 Penalties and Interest.
(a) OrigInal DelInquency. Any operator who fal Is to
remit any portion of any tax Imposed by this chapter, within the
time requtre~, shal! pay a penalty of ten (10%) percent of the amount
of the tax, In addItIon to the amount of the tax.
--or-
.(b) Continued Del inquency. Any operator who fails to
remit any del inquent remittance on or before a period of
thirty (30) days fol lowing the da~e on which the remittance
first became de 1 i nquent, sha 11 pay a second de 1 i nquency pen-
alty of 10% of the amount of the tax in addition to the amount
of the tax and the" 10% penalty first imposed.
(c) Fraud. If the Tax Administrator determines that the
nonpayment of any remittance due under this 9hapter is due to
fraud, a penalty of 25% of the amount of the tax shal I be
added thereto in addition to the penalties stated in subpara-
graphs (a) and (b) of this section.
(d) Interest. In addition to the penalties imposed,
any operator who fai Is to remit any tax imposed by this chapte~
shal I pay interest at the rate of one percent (1%) per month or
fraction thereof on the amount of the tax, exclusive of penal-
ties, from the date on which the remittance first became
delinquent unti I paid.
(e) Penalties Merged with Tax. [;ery penalty imposed
and such interest as accrues under the provisions of this
section shal I become a part of the tax herein required to be
p aid.
4,24,080, FarJure to Collect and ReportTa~--Deter-
mlnatron of Tax by Tax Administrator. If any operator should
fall by Intentional negl Igenc~ o~ refuse to collect said tax
and to make, withIn the time provided In thJs cha~ter, any report
and remittance of said tax or any portion thereof required by
thIs chapter, the Tax Administrator shall .proceed Tn such. manner
8S he may deem best to obtain facts and InfDrmatlon on whIch
-6-
to base"his estimate of the tax due. As soon as the Tax Administrator
.shat I procure such facts and Information as he is able to obtain,
upon which to base the assessment of~any tax imposed by this chapter
and payable by any operator who has fai led or refused to collect
the same and to make .such report and remittance, he- shall proceed
to determine and assess against such operator the tax, interest and
pen a ! tie s pro v ide d for by t his . c ha p t e'r ,
In case such determination
Is "lac:c~ the Tax ,\dministrator shall gl/e a notice of the amount
so assessed by having it served personally or by depositing it in the
Un i ted States ma I I, postage prepa i d, addressed to the oper.ator so
assessed at his last known place of address. Such operator may within
ten (10) days after the serving or mall ing of such notice make an appeal
of such determination as provided in Sec. 4,24.090 of this chapter.
~.24.0qO. Appeal. Any operator aggrieved by any decision of
the Tax Administrator with respect to the amount of such tax, interest
and pen a I tie s , i fan y, may a p pea I tot h e C.1 ty
Counci I by fi ling a
notice of appeal with the City Administrator within fifteen (15)
days of the serving or mai ling of the determination of tax due.
The Council shal I fix a time and place for hearing such appeal, and
the City Administrator shal I give five (5) days notice in writing
thereof, to such operator at his last known place of address. The
flnd.ings of the Counci I shal I be final and conclusive, and shal I be
served upon the appellant, in the manner prescribed above for service
of notice of hearing. Any amount found to be due shal I be immediately
due and payable upon the service of notice.
4 . 24 . 10 O' .
Records.
It shal I be the duty of every operator
I iable for the collection and payment to the city of any ta~ Imposed
by this chapter to keep and preserve, for a p~rlod of three (3)
~7..,..
years, al I records as may be necessary to determine the amount of
such ta~ as he may have been liable for the collection of and payment
to the city, which records the Tax Administrator shal I have the right
to Inspect at al I reasonable times. .
4.24.11a Refunds.
(a) Whenever the amount of any tax, interest or penalty
has been overpaid or paid more than once, or has been erroneously
or II legally collected or received by the city under this chapter,
It m~y be refunded as provided in subparagraphs (b) and (c)
of this section, provided a claim in writing therefor, stating
under penalty of perjury the specific grounds upon which the
claim is founded, is fi led with the Tax Administrator within
three (3) years of the date of payment. The claim shal I be on
forms furnished by the Tax Administrator.
(b) An operator may claim a refund, or take as credit
against taxes collected and remitted, the amount overpaid,
pa i d more than once or erroneous I y or I I I ega I I y co II ected
or received when iT is established in a manner prescribed by
the Tax Admlnlstr3,.or that the person from whom the tax has been
collected was not a transient; provided, however, that neither
a refund nor a credit shal l be al lowed unless the amount of
the tax so collected has either been refunded to the transient
or credited to rent subsequently payable by the transient to
the operator.
(c) A transient may obtain a refund of taxes overpaid
or paid more than once, or erroneously or Illegally co!llected
or received by the city, by fl I ing a claim in the manner provided
in subparagraph (a) .of this section, but only when the tax was
paid by the transient directly to the Tax Administrator", or
~8-
when the transient having paid the tax to the operator, estab-
lish~d to the satisfaction of the Tax Administrator that the
transient has been unable to obtain a refund from the operator
who collected the tax.
Cd) No refund shal I be paid under the provisions of this
.
section unless the claimant establ ishes his right thereto by
written records showing entitlement ther. roo
~.24.120 ActTons to Collec-L
Any tax required to be paid
by any transient under the provisions of this cha~t~r 5hal I be deemed
a debt owed by the transient to the city. Any such tax collected
by an operator which has not been paid to the city shal I be deemed a
debt owed by the operator to the city. Any person owing money to the
city under the provisions of this ordirnnce shal I be I iable to an action
brought in the name of the City of Ashland for the recovery of such
amount.
~. 2lL130.
Violations-- Misdemeanor. Any operator or other
person who fai Is or refuses to register as required herein, or to
furnish any return required to be made, or who fai Is or refuses to
furnish a supplemental return or other data required by the Tax
AdmInistrator, or who renders a falf-e or fraudulent return or claim,
is guilty of a misdemeanor, and upon conviction thereof, shal I be
fiable to a fine or penalty of not more than $500.00 dollars or by
imp r i sonment not to exceed s bcty (60) .days or fly 60th such
fine and imprisonment for each offense. Any person required to make,
render, sign or verify any report or claim who makes any false or
fraudulent report or claim with intent to defeat or evade the determi-
natIon of any amount due required by this chapter
to be made, is
guilty of a misdemeanor and is punishable as aforesaid.
-9-
......
SECTION 2. The effectIve date of this ordinance shal I
be January 17, 1976, or thIrty (30) days followIng Its passage
by the Council and approval by the Mayor, whIchever occurs
latest.
'-
The foregoing ordinance was fIrst read by tItle only on
the /14 day ofA.~"j/[,1-I/Jc/( , 1975 with copIes provided pursuant
to ArtIcle X Section 2 of the CIty Charter, and duly PASSED and
ADOP'TED thlsJd_day of [J;3cr~!j};:-~, 1975.
I) . ? /J~- /.:
~ . <A ff" '.
.' n, /f /fi.~1
ose~ M. Butler
l/C I ty Recorder
SIGNED and APPROVED thfs~?~j day of
-fO-
1. (Long note - please scoll down or enlarge the window to see all of it)
Original Ordinance:
1870
Amended By:
1907
1975
2024
2216
2400
2632
2674
2692
2745
See Also:
Resolutions:
1986-47
1986-49
1987 -09
1990-36
1993-12
1998-02
1998-23
2000-25
End
CITY OF
ASHL.AND
Council Communication
Request to Negotiate New Franchise - Charter Communications
Meeting Dale: February 21, 2006 pnmary Staff Contact: Michael Franell ,/ #
Department: ~al E-mail: franellm@ashland.or.usI1
Contributing De ents: Admin Secondary Staff Contact:
Approval: r /" E-mail:
<. Estimated Time: 30 Minutes
Statement:
This is a time to receive public comment on Charter Communication's request to renew their franchise. The public comment
can be used as a basis to make minor amendments to the franchise agreement.
Background:
The City gave Charter Communications a new five-year franchise agreement effective May 2003, that eXlPires June 1 , 2008.
The franchise agreement is very similar to the one we have also granted to AFN as both were adopted pursuant to the
provisions of the Ashland Telecommunications provisions codified in Title 16 of the Ashland Municipal Code. Pursuant to
the terms of the federal Cable Act, cable television providers can request renegotiation of their franchise ,agreement within
the six month period beginning when there are three years remaining on the franchise. Charter Communications sent a
request which we received September 2, 2005. Also pursuant to the terms of the Cable Act, we can elect to go through a
formal renewal process or an informal process. We have elected the informal process. Pursuant to that process, we can
make the decision to grant or deny the franchise after we have afforded the public adequate opportunity to comment.
Public comment should be directed to:
(A) the cable operator has substantially complied with the material terms of the existing franchise and with applicable
law;
(B) the quality of the operator's service, including signal quality, response to consumer complaints, and billing practices,
but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in
light of community needs;
(C) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth
in the operator's proposal; and
(D) the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into
account the cost of meeting such needs and interests.
We advertised in the Daily Tidings the opportunity to submit written comments by February 15, 2006. None were received.
We also indicated the City Council would take oral comments at their February 21 , 2006, meeting.
After we have received and evaluated all public comments, if any, we will negotiate a new franchise agre'ement with Charter
Communications which we will bring back to the Council for adoption.
Related City Policies:
The City has adopted an ordinance which provides the requirements for franchises granted to cable
providers. The ordinance is codified in Title 16 of the Ashland Municipal Code.
r~'
Council Options:
The City Council is not expected to take any action at tonight's meeting. Staff will take any input received and negotiate a
franchise renewal which shall be brought back for Council consideration at another date.
Staff Recommendation:
Take any public input on the Charter Communications franchise renewal request. Do not take any other action at this
meeting.
Potential Motions:
None recommended. The purpose of this item is to take public input which shall be considered in negotiating the franchise
renewal.
Attachments:
Charter letter requesting renewal
Copy of public notice.
Copy of existing franchise agreement.
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A WIRED WORLD COMPANY 1M
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Charter
COM M U N I CAT ION S'
August 26, 2005
VIA CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
Mr. Greg Scoles
City Administrator
City of Ashland
20 East Main Street
Ashland, OR 97520
RE: City of Ashland Franchise Renewal with Falcon Cable Systems Company n, L.P., l\k\a Charter
Communications ("Charter") - For CUID No. OR0103
Dear Mr. Scoles:
Ch~er has appreciated the opportunity to serve the City of Ashland and its residents over the years.
Therefore, as we are sure you can appreciate, Charter is taking the proper steps well in advance toward
the renewal of our franchise agreement with you, which is due to expire on June 1,2008. We are now
looking forward to the renewal of our franchise agreement with the City of Ashland.
As you may know, Section 626 of Title VI of the Communications Act of 1934, as amended (the "Cable
Act") contains provisions that detail a procedure for the renewal of franchises. In order to comply with
these provisions, Charter requests that the City of Ashland commence renewal proceedings in accordance
with the requirements of Section 626( a) through (g) of the Cable Act.
However, please note that Section 626(h) of the Cable Act provides for renewal of franchises without
going through the extensive, formal procedure specified in Sections 626(a) through (g). W~: believe that
this informal process may be preferable for all concerned. We would like to meet with you at your
earliest convenience to discuss the renewal proceedings outlined in the Cable Act.
We look forward to meeting with you in the near future and to a continuing, mutually beneficial
relationship.
\1}
-..-/ Petra A. edchuk
Director, Government & Regulatory Affairs
Charter Northwest Key Market Area (NW KMA) rrcc~
cc: Mr. Mike O'Herron, General Manager - Charter NW KMA So. Oregon GrfNP. .
Charter Corporate Government Affairs Dept. - Files f i ,
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Northwest KMA Office
521 N.E. 136th Avenue' Vancouver, Washington. 98684
www.chartercom.com . tel: 360.828.6700 . fax: 360.828.6795
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PUBLIC NOTICE
FALCON CABLE SYSTEMS COMPANY II, L.P.,
l\k\a CHARTER COMMUNICATIONS
REQUEST TO RENEW FRANCHISE AGREEMENT
FOR OPERA TON OF CABLE TELEVISION SYSTEM
WITHIN ASHLAND, OREGON
Falcon Cable Systems Company II, L.P., l\k\a Charter Communications has
requested to renew its franchise agreement to operate a cable television system within the
city limits of Ashland, Oregon. The City Council will consider this request at its City
Council meeting to be held February 21,2006. The public is invited to submit comments
for consideration of the Ashland City Council as it evaluates the request to grant this
franchise renewal. Comments, in order to be considered should be placed in writing with
the subject "Charter Communications Franchise Renewal" clearly identified and
delivered to the Ashland City Administrator at 20 E. Main Street, Ashland, Oregon
97520, no later 4:00 pm, Wednesday, February 15, 2006. Oral comments will also be
received by the City Council at their meeting on February 21,2006. Comments should
relate to the cable television services provided by Charter Communications within the
city of Ashland.
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Charter
COM M U N ICATI ONS.
A WIRED WORLD COMPANY".
February 16,2004
Paul Nolte
City of Ashland
20 East Main Street
Ashland, OR 97520
Re: City of Ashland, OR.
Dear City Attorney Nolte:
Please fmd enclosed (1) Original Franchise Agreement signed by Eric Brown our Senior
Vice President of Operations, Western Division of Charter Communications. Please keep
this fully executed original in your files.
If we may be of further service, please feel free to call Petra Redchuk at 360.828.6608.
c~.~
Charlotte Mischel
Administrative Support- Regulatory Mfairs & Government Relations
Northwest KMA- Charter Communications
cc: Gary McDonald- Charter Communications
Charter Communications Corporate Office
Enclosure
Northwest KMA Office
521 N.E. 136th Avenue. Vancouver, Washington. 98684
www.chartercom.com . tel: 360.828.6700 . fax: 360.828.6795
CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT
Cable Services Franchise Agreement ("agreement") dated h73/lu/HL t/ S- CJ 00 ~/,
between the City of Ashland ("City")and Falcon Cable Systems Company II, (P., d~a Charter
Communications ("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 Cable Vision in February 1 B8?
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 various agencies,
institutions, organizations, groups and individuals in the community, including City and its
designees, of the Cable System to acquire, create, receive, and distribute video, Cable Service,
and signals as permitted under applicable law, including, but not limited to:
1.1.1. Public Access which means Access where organizations, groups or
individual members of the general public, on a nondiscriminatory basis, are the primary
users;
1.1.2. Educational Access which means Access where schools and educational
institutions are the primary users of programming and service
1.1.3. Governmental Access which means Access where governmental
institutions are the primary users of programming and service; and
1.1.4. PEG Access which means Public Access, Educational Access, and
Governmental Access, collectively.
1.2. Access Channel means any Channel, or portion of any Channel, designated for
non-commercial Access purposes or otherwise made available to facilitate or transmit Access
programming or service.
1- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd .
----r--.--
1.3. Basic Service means any service tier which includes the retransmission of local
television broadcast signals and PEG Access Channels.
1.4. Cable Acts means the Cable Communications Policy Act of 1984 and the
Cable Television Consumer Protection and Competition Act of 1992 and any amendments,
including those contained in the Telecommunications Act of 1996.
1.5. Cable Operator means any Person or group of Persons, including Grantee, who
provide Cable Service over a Cable System and directly owns a significant interest in such
Cable System, or who otherwise control or are responsible for, through any arrangement, the
management and operation of such a Cable System.
1.6. Cable Service means the one-way transmission to Subscribers of videcl
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 (olther than for
purposes of Section 621@) (47 U.S.C. 541@)) 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 thE~y now exist
or as they may be amended in the future.
1.12. Gross Revenues means all revenues of Grantee, in any way derived 'from the
operation of the Cable System to provide Cable Services in the Agreement Area. Gross .
Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers
for any Basic, optional, premium, per-channel, or per-program service; installation,
disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and
administrative fees; 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
2- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Chartl;lr 12-03 final.wpd
franchise fees passed through by Grantee to Subscribers, except that the term does not include
sales taxes imposed by law on Subscribers that the Grantee is obligated to collect. With the
exception of recovered bad debt, "Gross Revenues" shall not include bad debt. Gross
Revenues shall not include: 1. any taxes, fee or assessment of general applicability ,collected by
the Grantee from Subscribers for pass-through to a government agency, including the FCC
User Fee; and 2. any PEG or I-Net amounts recovered from Subscribers.
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. Oriaination Point means a location.where Public, Educational, or Governmental
use programming is delivered to the Grantee for Upstream transmission.
1.17. Person means any individual, natural Person, sole proprietorship, partlnership,
association, or corporation, or any other form of entity or organization.
1.18. Public Riahts of Way include, but are not limited to, streets, roads, hi!~hways,
bridges, alleys, sidewalks, trails, paths, public utility easements, and all other public ways,
including the subsurface under and air space over these areas, excluding parks and parkways,
but only to the extent of City's right, title, interest, or authority to grant a franchise to occupy and
use such streets and easements for a Cable System and only to the extent that sufficient
capacity exists for a Cable System. "Public rights of way" shall also include any eaSl9ment
granted to or owned by City or County and acquired, established, dedicated, or devoted for
public utility purposes.
1.19. QuarterlY, or quarter, means the standard calendar periods of January 1 - March
31, April 1 - June 30, July 1 - September 30, and October 1 - December 31, unless otherwise
specified in this agreement.
1.20. 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 private" including...
but not limited to, primary 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, avenue~s, lanes,
alleys, sidewalks, easements, rights-of-way and other public ways.
3- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Chart,er 12-03 final.wpd
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.
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 andl 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 interes.ts 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, rights, or privileges it now has, or may acquire in the future, to
use, perform work on, or regulate the use and control of the City's Streets covered by
this agreement, including without limitation, the right to perform work on its roadways,
rights-of-way, or appurtenant drainage facilities, including constructing, altering, paving,
widening, grading, or excavating.
2.1.3. This agreement is subject to the general lawful police power olf City
affecting matters of local government concern and not merely existing contn:lctual 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 so long as similar conditions are also imposed on other
similarly situated rights-of-way users. Nothing in this agreement shall be intmpreted to
4- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd
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 jlhe
privileges granted by this agreem'ent, that any joint venture or partner of the Grantee
directly involved in the offering of Cable Service in the Franchise Area, or dirE~ctly
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 prior to commencing any construction activities.
Grantee, through this agreement, is granted extensive and valuable rights to operatE~ its Cable
System for profit using City's public rights-of-way and public utility easements within the
Franchise Area in compliance with all applicable City construction codes and procedures. As
trustee for the public, City is entitled to fair compensation to be paid for these valuable rights
throughout the term of this agreement.
2.3. Duration. The term of this agreement and all rights, privileges, obligatiolns, and
restrictions pertaining to this agreement shall be from the effective date of this agreElment
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 within 45 days from Grantee's written acceptance of, this anreement.
In either event, this agreement shall be null and void, and any and all rights of Grantee to own
or operate a Cable System within the Franchise Area under this agreement shall be of no force
or effect.
2.5. Franchise Nonexclusive. This agreement shall be nonexclusive, and is subject to
all prior rights, interests, agreements, permits, easements or licenses granted by City to any
Person to use any street, right-of-way, easements not otherwise restricted, or property for any
purpose whatsoever, including the right of City to use same for any purpose it deems fit,
including the same 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
5- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Chartllr 12-03 fimil.wpd
Service under the terms and conditions of this agreement, or is required to extend Cable
Service under the provisions of section 11.2, the material 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.
2.6.2. If City grants a Franchise to a third party for service to an area Ilhat
Grantee is not actually serving or required to extend service to, and which has material
provisions that are not reasonably comparable to those contained in this agreement,
City shall' offer Grantee a franchise to serve the same area under terms and I~nditions
that are reasonably comparable to those set forth in the franchise agreement. entered
into with the third party.
2.7. Police Powers. Grantee's rights under this agreement are subject to the lawful
police powers of City to adopt and enforce ordinances necessary to the safety, health, and
welfare of 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 rights in
accordance with, applicable law as amended over the Franchise term. This agreemEmt 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 Grantlee other
than as expressly provided in the agreement. In cases of conflict between this agreElment and
any ordinance of general application enacted pursuant to the City's police power, th4e ordinance
shall govern. Nothing in this agreement, however, shall be interpreted to prevent Griantee 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 authori~tion required for the privilege of transacting
and carrying on a business within the City that may be required by the ordinances and
laws of the City.
2.8.1.2. Any permit, agreement or authorization required in connection with
operations on or in public streets or property, including by way of example and not
limitation, street cut permits; or
2.8.1.3. Any permits or agreements for occupying any other property of the City
or private entities to which access is not specifically granted by this Agreement
including, without limitation, permits and agreements for placing devices on or in poles,
conduits, other structures, or railroad easements, whether owned by the Ci~~ or a private
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,
6- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd
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.
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 Gable
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. Accmal of such
FranGhise 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 repE~aled 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 tiime periods.
3.2. Payments. Grantee's Franchise fee payments to City shall be computed quarterly.
Each quarterly payment shall be due and made available to City no later than 30 days after the
last day of the preceding quarter.
3.3. Acceptance of Payment and 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 accompaniE~d 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
period covered by the payments.
7- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd
-.------ '-.-.--
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 independenj( 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
include those financial records pertaining to the number and location (Le., the general
geographic location of cable customers and not the customer's actual physical addrElss) of
cable customers within City's Urban Growth Boundary. Upon request of the City, Grantee shall
hire an independent certified public accountant to audit or review the Grantee's financial
records, in which case the Grantee shall make available all necessary records to the certified
public accountant, including any records necessary to verify that franchise fees paid by the
Grantee to the City are collected from all Subscribers served within the City limits and not from
Subscribers served outside of the City limits. Grantee shall notify the City in writing of the
particular independent certified public accountant that shall be hired by Grantee. ThE~ City shall
be afforded with an opportunity to consent to the independent certified public accountant that is
hired by the Grantee to conduct the aforementioned audit, provided that the City's consent shall
not be unreasonably withheld and if the City fails to provide a written response within thirty days
from the date of Grantee's notice, then such consent shall be deemed automatically given by
the City. If the audit or review shows that Franchise fees have been overpaid or und,erpaid by
less than 3%, then City shall reimburse Grantee for the total reasonable cost of the audit or
review. In the event of any underpayment, Grantee shall
be responsible to the City for any underpayment plus interest, at the rate specified in section
3.7 within 30 days of the City's written demand for same.
Records for audit/review purposes shall include without limitation:
3.6.1. Source documents, which demonstrate the original or beginning amount,
and the final amount shown on any report related to or included in the detemnination of
franchise fees, revenues or expenses. . ,
3.6.2. Source documents that completely explain any and all calculatiions 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 nearly as possible, in the position that they were
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in prior to such determination, consistent with applicable law. In the event the parties are unable
to agree to a modification of this agreement within 60 days either party may (1) seek
appropriate legal remedies to amend the agreement, or (2) shorten the agreement to 36
months, at which point either party may invoke the renewal procedures under 47 U.S.C.
Subsection 546. Each party agrees to participate in up to 16 hours of negotiation during the 60
day period.
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 period, Grantee agrees that the additional commitments are not Franchise fe~~s as
defined under any federal law, to the extent not inconsistent with applicable federal law, nor are
they to be offset or credited against any Franchise fee payments due to City.
3.10. Costs of Publication. Grantee shall pay the reasonable cost of newspaper
notices and publication pertaining to this agreement, and any amendments, includin!~ 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, permit fee or other
generally applicable fee, tax or charge on the business, occupation, property or income of
Grantee that may be imposed by City.
3.12. 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 obligations of the Grantee to the City by Lltilizing the
funds available in a Letter of Credit or other security provided by the Grantee.
4. ADMINISTRATION AND REGULATION
4.1. Authority. City is vested with the power and right to regulate the exerci~)e 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 Charges. All of Grantee's rates and charges related to or regarding
Cable Service shall be subjectto regulation by City to the full extent authorized by 81pplicable
federal, state and local 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 gov~~rning 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 Subscribers as authorized by applicable laws. Nothing in this
section shall be construed to prohibit:
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4.3.1. The temporary reduction or waiving of rates or charges in conjunction with
valid promotional campaigns;
4.3.2. The offering of reasonable discounts to senior citizens or economically
disadvantaged citizens;
4.3.3. Grantee from establishing different and nondiscriminatory rates and
charges for commercial customers, as well as different nondiscriminatory monthly rates
for commercial customers as allowable by federal law and regulations; or
4.3.4. Grantee from establishing different and nondiscriminatory rates. and
charges for Residential Subscribers as allowable by federal law and regulations.
4.4. Filing of Rates and Charges. Throughout the term of this agreement, Grantee
shall maintain on file with City a complete schedule of applicable rates and charges ,for Cable
Service provided under this agreement. Nothing in this subsection shall be construed to require
Grantee to file rates and charges under temporary reductions or waivers of rates and charges
in conjunction with promotional campaigns, and rates for multiple dwelling units.
Grantee shall provide upon request from City a complete schedule of current rates and
charges for any and all Leased Access provided by Grantee. The schedule shall incllude a
description of the price, terms and conditions established by Grantee for Leased Ao::ess.
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 perfolrlnance of
any of its obligations under this agreement by reason of a force majeure occurrenCEI, such as
acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather
conditions), Grantee's performance shall be excused during the force majeure occurrence.
After such occurrence Grantee shall promptly perform the affected obligations under this
agreement or procure a substitute for performance which is satisfactory to City. Grantee shall
not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors;
officers, employees, or duly authorized agents. Notwithstanding the foregoing, City shall utilize
the procedure in section 13 to resolve any material breach committed by Grantee.
5. INDEMNIFICATION. Grantee shall, at its sole cost and expense, indemnify, hold harmless,
and defend the City and its officers, boards, commissions, duly authorized agents, and
employees against any and all claims, including, but not limited to, third party claims, suits,
causes of action, proceedings, and judgments for damages or equitable relief, to the extent
such liability arises out of or through the acts or omissions of the Grantee arising out of the
construction, operation or repair of its Cable System regardless of whether the act e>r 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:
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5.1. To persons or property, to the extent such liability arises 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 privacy; for defamation of any
Person, firm or corporation;. for the violation or infringement of any copyright,
trademark, trade name, service mark, or patent; for a failure by the Grantee to
secure consents from the owners or authorized distributors of programs to bEl
delivered by the Cable System; or for violation of any other right of any Person, to
the extent such liability arises out of or through the acts or omissions of the Grantee,
provided, however, that Grantee will not be required to indemnify City for any claims
arising out of use of PEG Access Channels by City or RVTV;
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 written notice of any claim or of the
commencement of any action, suit or other proceeding covered by the indemnity
obligation in this Section. In the event any such claim arises, the City or any other
indemnified party shall tender the defense to the Grantee and the Grantee slhall have
the obligation and duty to defend, settle or compromise any claims arising fmm the
claim, and the City shall cooperate fully. Grantee shall accept or decline the tender
within 30 days. Grantee shall reimburse reasonable attorney fees and costs incurred by
the City during the 30 day period in which the Grantee accepts or declines tender. In the
event that the Grantee declines defense of the claim in violation of section 11, the City
may defend such claim and seek recovery from Grantee its expenses for reasonable
attorney fees and disbursements, inclUding expert witness fees, incurred by City for
defense and in seeking such recovery.
6. CUSTOMER SERVICE. Grantee shall render efficient service, make repairs promptly and
interrupt service only for good cause and for the shortest time possible. Such interruptions,
insofar as possible, shall be preceded by notice'to subscribers affected and occur during
periods of 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 directly concerning its gross revenues, including
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customer identification numbers (e.g. account numbers) and levels of service,. 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 mcords 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. The information disclosed by Grantee pursuant to this
provision shall not be used by the City for any purpose other than determining the
amount of compensation due the City and shall not be copied, reproduced, or otherwise
duplicated by the City without the express written consent of Grantee.
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 iin use in the
Franchise Area, exclusive of electronics, Subscriber drops and equipment provided in
Subscribers' homes. These maps shall include computer maps and shall be maintained
in a standard format and medium specified by the City, in sufficient detail to i:igreed
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 13.2.
7.2. Confidentiality. Subject to the limits of the Oregon Public Records Law, City
agrees to treat as confidential any books and records that constitute proprietary or (x>nfidential
information under federal or state law, to the extent Grantee makes City aware, whother
verbally or in writing of such confidentiality. If City believes it must release any such confidential
books and records in the course of enforcing this agreement, or for any other reason, it shall
advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. If
City receives a demand from any Person for disclosure of any information designat4~d by
Grantee as confidential, City shall. so far as consistent with applicable law, advise Grantee and
provide Grantee with a copy of any written request by the party demanding access to such
information within a reasonable time. Until otherwise ordered by a court or agency of competent
jurisdiction, City agrees that, to the extent permitted by state and federal law, it shalll deny
access to any of Grantee's books and records that are deemed to be confidential as set forth
above to any Person.
7.3. Copies of Federal and State Documents. Grantee shall submit to City a list, or
copies of actual documents, of all pleadings, applications, notifications, communications and
documents of any kind, submitted by Grantee or its parent corporations or affiliates to any
federal, state or local courts; regulatory agencies or other government bodies if suc:h
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 aftE~r their filing,
mailing or publication. Grantee shall not claim confidential, privileged or proprietary rights to
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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 material 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 lec:lst 24 hours
notice, or, in case of an emergency, upon demand without prior 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 othor Section
shall be furnished, without cost, to City.
8. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS.
8.1. General Definitions. With respect to purposes of this section, the follovving
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-clefinition signals, and
compressed signals.) A non-standard NTSC use shall be subject to the Grantee's
prompt prior review and approval to ensure that the use will not cause unreasonable
technical interference with other Channels. Such uses must be in furtheran09 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 programminn is delivered
to the Grantee for Downstream 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
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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 approvall by the
City.
8.2.3. Except as provided in this agreement, the City shall allocate Ac:cess
resources only to RVTV. The Grantee shall cooperate with the City in such allocations,
in such manner as the City shall direct.
8.2.4. Subject to written authorization from the City, the Grantee shall have the
right to use temporarily any Channel, or portion of any Channel, which is allocated under
this section for PEG uses pursuant to section 611{d) of the Cable Act.
8.3. Channel Capacity And Use.
8.3.1. Upon the effective date of this agreement; all Access Channeh) 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 five
Access Channels for distribution of PEG Access programming on the residential Cable
System with provisions for an additional channel for public and government ,access
uses. Such additional channel shall be made available when all channels granted
pursuant to this paragraph are used for access purposes with locally produced
programming 70% of the available broadcast time. The programming of additional
channels required shall be distinct and non-repetitive of the previous channElls. A
program may be repeated no more than three times for purposes of the trig~}er
calculation. For purposes of this computation, all time allocated to charactel" generated
or similar programming shall be excluded for the determination of when such channel is
in use and programmed with public and governmental access programming...
8.3.3. The Grantee shall provide connection of all PEG Access Channels
required 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 formatXor 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.
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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 RVTV.
8.5.2. By mutual agreement by City and Grantee, upon six weeks wri1ten 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 one such Origination Points in anyone week period.
8.5.3. There shall be no charge to the City. nor to any other person for the use of
the upstream capacity from the program origination locations described in this section,
so long as the transmissions are designed for rerouting and distribution on any PEG
Channels.
8.6. Access Interconnections.
8.6.1. The Grantee shall maintain for the duration of this agreement any and all
existing Interconnections of Access Channels with contiguous cable systems.
8.6.2. Grantee shall be capable of interconnection of PEG Access Channels in
the Cable System and Cable Systems in Franchise Areas that are geographically
adjacent to City, provided that City has secured the written permission for sl;lch
Interconnection from the regulatory authority for the adjacent Franchise Area. The cost
of such Interconnections shall be Grantee's so long as Grantee or Grantee's affiliate
owns the adjacent Cable System. If the adjacent Cable System is not owned by
Grantee. the cost for interconnection shall be equally shared by the two Cable Systems. .
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 right to control and schedulE~ the
operation of all interconnected Access Channels and capacity. In addition, tlhe City, or
RVTV. shall have the right to use. at its sole discretion and at no cost. any Access
Channels and capacity provided under this agreement for non-commercial purposes, in
furtherance of PEG use. However, the requirement to interconnect PEG prCigramming
with adjacent Cable Systems of willing franchise authorities shall not result in an
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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.
8.7.1. 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 notk:e has
been given to Grantee's subscribers and contribution has been included on
subscribers bills. The Grantee shall make its best efforts to submit tho content of
notice to subscribers regarding such changes to the City for review and
comment at least 10 days prior to its printing.
Except for the payment for the fiscal year beginning July 1, 2003, Gr~mtee shall
make such payments annually in advance on or before June 30 of each year for
the ensuing fiscal year, The payment for the fiscal.year beginning July 1, 2003,
shall be made within 45 days from Grantee's written acceptance of this
agreement. The advance shall be based upon an estimation of the fees for the
ensuing fiscal year. Any difference in the advance fees and the actual fees will
be reconciled at the end of the fiscal year for which the advance was made.
Grantee shall also pay the above-described PEG access fee for the month of
June 2003. This fee shall be reconciled with the advance fee made by Grantee
for the fiscal year beginning July 1, 2002.
8.7.2. In addition to the fees required in the above subsection, Granb~e shall
provide a payment to City in the amount of $50,000 to be used to purchase PEG
access equipment and facilities for the City's council chambers. This sum is due
within 45 days from the Grantee's written acceptance of this agreem4~nt. City
shall endeavor to require a similar financial contribution, or an equivallent benefit
for PEG Access, from Ashland Fiber Network Cable Television (AFN) upon the
renewal of AFN's cable franchise.
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 iin this
section may total more than 5% of the Grantee's Gross Revenues in any 12 month
period, 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.
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8.9. Access Channels on Lowest Available Tier. All Access Channels proviided 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 lequipment,
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 qualilty and
reliability required by this agreement and all other applicable laws, rules and regulaUons for
Residential Subscriber Channels. The Grantee shall provide routine maintenance and shall
repair and replace all transmission equipment, including associated cable and equipment in use
upon the effective date of this agreement, necessary to carry a quality signal to and from the
City's or RVTVs facilities. City and Grantee agree that the point of demarcation will be the input
RF connection to Grantee's Fiber Optics Laser Transmitter, with Grantee responsible for repair
and maintenance from the point of demarcation to Grantee's headend.
8.12. Promotional Services. The Grantee shall allow the City to include two bill stutters
per year. The City or RVTV shall be responsible for the cost of printing its bill stutters, the costs
of inserting the information into Grantee's bills, and for any incremental postage costs. Bill
stutters must conform to Grantee's mailing requirements. Grantee shall be provided an
opportunity to review and approve all PEG bill stutters.
8.13. Channel Identification. If requested by the City or RVTV, at City or RVTV costs,
the Grantee will identify the PEG Channels in its printed and electronic programminl~ guides, by
the general type of programming carried on the Channel. Grantee will bill the City or RVTV for
the costs of these listings.
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 necessa.ry 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. Prior to beginning any construction, Grantee shall provide City's
Department of Public Works with a construction schedule for work in the Streets. All
construction shall 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 writing about other construction
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currently in progress, planned or proposed, in order to investigate thoroughly all
opportunities for jOint trenching or boring. Whenever it is possible and reasonably
practicable to joint trench or share bores or cuts, Grantee shall work with other
providers, grantees, permittees and franchisees so as to reduce as far as possible the
number of Street cuts.
9.1.3. City shall have the right to inspect 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 al"ea 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 IOlcation 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 reloC<;lte its facilities locab~d within the
Streets, City shall make a reasonable effort to provide Grantee with an alternate location within
the Streets.
9.4. Restoration of Streets.
9.4.1. Whenever Grantee disturbs the surface of any Street for a.ny purpose,
Grantee shall promptly restore the Street to at least its prior condition. When any
opening is made by Grantee in a hard surface pavement in any Street, Grantee shall
refill within 24 hours the opening and restore the surface to a condition satisfactory to
a~ '
9.4.2. If Grantee excavates the surface of any Stre.et, Grantee shall be
responsible for restoration in accordance with applicable regulations of the jurisdiction
within the area affected by the excav~tion. City may, after providing notice to Grantee,
refill or repave any opening made by Grantee in the Street, and the expensEl 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, iincluding the
costs of inspection and supervision, shall be paid by Grantee. All excavations made by
Grantee in the Streets shall be properly safeguarded for the prevention of accidents. All
of Grantee's work under this agreement, and this section in particular, shall be done in
strict compliance with all rules, regulations and ordinances of City. Prior to making any
Street or right-of-way cuts or openings, Grantee shall provide written notice to City.
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Cable Renewal\franchise Charter 12-03 final.wpd
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 Q~her 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 prope~rty or .
property belonging to any Person. Grantee, at its own expense, shall repair, change and
improve its facilities to keep them in good repair, and safe and presentable condition.
'9.6. Reservation of City Street Rights. Nothing in this agreement shall prevent City or
utilities owned, maintained or operated by public entities other than City, from constructing
sewers; grading, paving, repairing or altering any Street; repairing or removing water mains; or
constructing or establishing any other public work or improvement. All such work shall be done,
insofar as practicable, so as not to obstruct. injure or prevent the use and operation of
Grantee's Cable System. However, if any of Grantee's Cable System interferes with the
construction or repair of any Street or public improvement, including construction, repair or
removal of a sewer or water main, Grantee's Cable System shall be removed or repllaced 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. 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 GrantE~e the right
to continue its installation in the vacated Street, Grantee shall, without delay or expEmse 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 reasionable 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 maten.al violation
of this agreement. '
9.8. Discontinuing Use of Facilities. Whenever Grantee intends to disconltinue using
any facility within the Streets, Grantee shall submit for City's approval a complete dl3scription 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 thEl facility, as
well as maintenance of the Street, in the same manner and degree as if the facility were in
19- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd
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active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities,
City may choose to use such facilities for any purpose whatsoever including, but not limited to,
public, governmental, or educational purposes.
9.9. Hazardous Substances.
9.9.1. Grantee shall comply with all applicable local, state and federal laws,
statutes, regulations and orders concerning hazardous substances relating to Grantee's
Cable System in the Streets.
9.9.2. Grantee shall maintain and inspect its Cable System located in the
Streets. Upon reasonable notice to Grantee, City may inspect Grantee's facilities in the
Streets to determine if any release of hazardous substances has occurred, or may
occur, from or related to Grantee's Cable System. In removing or modifying Grantee's
facilities as provided in this agreement, Grantee shall also remove all residuE~ of
hazardous- substances.
9.10. Undergrounding of Cable.
9.10.1. Wiring;
A. Where all utility lines are installed underground at the time of Cable
System construction, or when such lines are subsequently placed underground,
all Cable System lines or wiring and equipment shall also be placed underground
on a nondiscriminatory basis with other utility lines services at no additional
expense to the City or Subscribers, to the extent permitted by law and applicable
safety codes. Cable must be installed underground where: (1) all exi~jting 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 utiliity rules as
interpreted by each City's appropriate public works official. In areas where
electric or telephone utility wiring is aerial, the Grantee may install ae~rial 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 pole,s 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 pmtecting
Grantee's proprietary information from disclosure to third parties.
9.10.2. 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.
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Cable Renewal\franchise Charter 12-03 final.wpd
B. If public or private property is disturbed or damaged, the Grantee shall
restore the property to its former condition, normal wear and tear excepted.
Public right-of-way or other City property shall be restored, in a manne!r 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 prior
notice to the Grantee, or without notice where the disturbance or damage may
create a risk to public health or safety, or cause delay or added expense to a
public project or activity, cause the repairs to be made at the Grantee's expense
and recover the cost of those repairs from the Grantee. Within 30 days of receipt
of an itemized list of those costs, including the cOsts of labor, materials and
equipment, the Grantee shall pay the City. If suit is brought upon 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 litigatiion-related
costs. Private property must be restored promptly, considering the nature of the
work that must be performed and in no event later than 72 hours.
C. Prior to entering onto private property to construct, operate or repair it~
Cable System in a manner in which it is assumed that temporary property
damage will occur or the work will be of a duration exceeding four hours,
Grantee shall give the Person residing on or using the property adequate writte.n
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 CCIII 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. Such notification is not required when Grantee is
performing connection, disconnection and/or repair of its drop system or in times
of emergency restorations of its plant.
9.10.3. Movement of Cabie System For and By City. The City may remove,
replace, modify or disconnect Grantee's facilities and equipment located in tlhe public
right-of-way or on any other property of the City in the case of fire, disaster, or other
emergency, or when a project or activity of the City's makes the removal, replacement,
modification or disconnection necessary or less expensive for the City. Except during an
emergency, the City shall provide reasonable notice to Grantee prior to taking such
action and shall, when feasible, provide Grantee with the opportunity to perform such
action. Reasonable notice to Grantee includes notice by telephone. Following notice by
the City, Grantee shall remove, replace, modify or discOnnect any of its facilities or
equipment within any public right-of-way, or on any other property of the Ci~(, 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.
21- Falcon (Charter) CATV Franchise Cable Renewal\franchise Charlier 12-03 final.wpd
9.10A. Movement for Other Franchise Holders. If any removal, replacl3ment,
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.
9.10.5. Movement for Other Permittees. At the request of qny 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, 4~quipment
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.
9.10.6. Tree Trimming. Subject to acquiring prior written permission of the City,
the Grantee shall have the authority to trim trees that overhang a public right-of-way of
the City so as to prevent the branches of such trees from coming in contact with its
Cable System, in accordance with applicable codes and regulations and current,
accepted professional tree trimming practices. '
9.11. Codes. Grantee shall strictly adhere to all building and zoning codes currently in
effect or in effect in the future. Grantee shall arrange its lines, cables and other appurtenances,
on both public and private property, in such a manner as to not cause unreasonable,
interference with the use of said public or private property by any Person. In the event of such
interference, City may require the removal or relocation of Grantee's lines, cables, and other
>appurtenances, at Grantee's cost, from the property in question.
9.12. Standards.
9.12.1. All work authorized and required shall be done in a safe, thon:>ughand
workerlike manlier. 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.
9.12.2. Grantee shall ensure that individual Cable System drops are properly
bonded to the electrical power ground at the home, and are consistent, in all respects,
with the requirements of the National Electric Code and the National Electrical Safety
Code.
10. TEST AND COMPLIANCE PROCEDURES. Upon request, Grantee shall advisl3 City of
schedules. and methods for testing the Cable System on a regular basis to determine
compliance with the provisions of applicable FCC technical standards. Representatives of City
may witness tests, and written test reports may be made available to City upon request.
As required by FCC Rules, Grantee shall conduct proof of performance tests and
cumulative leakage index tests designed to demonstrate compliance with FCC requirements.
Grantee shall provide City summary written reports of the results of such tests.
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Cable Renewal\franchise Charter 12-03 final.wpd
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, mceipt 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 tlhan125
feet, with additional charges for non-standard installations computed according to a
nondiscriminatory methodology for such installations, adopted by Grantee and provided
in writing to City; and at nondiscriminatory monthly rates for Residential Subscribers.
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, fOlr 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 conneGtion 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 borne by the Grantee and Customers in the area in which service
may be expanded, the Grantee will contribute an amount equal to the construction and
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 borne 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.
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Cable Renewal\franchise Charier 12-03 final.wpd
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 incrementall 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 morle than two
hours. This outage plan and evidence of requisite implementation resources shall bEl presented
to City no later than 90 days following the effective date of this agreement.
13. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE.
13. t. Procedure For Remedying Franchise Violations.
13.1.1. If City believes that Grantee has failed to perform any obligation under
this agreement or has failed to perform in a timely manner, City shall notify Grantee in
writing, stating with reasonable specificity the nature of the alleged violation.
13.1.2. The City must provide written notice of a violation. Upon receiipt of notice,
the Grantee will have a period 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, thl~n the date
of the violation shall be no earlier than ten business days before the City gives Grantee
the notice of the violation.
Grantee shall have 30 calendar days from the date of receipt of such notice to:
13.1.2.1. Respond to City, contesting City's assertion that a violation has
occurred, and requesting a hearing in accordance with subsection 13.1.5, or;
13.1.2.2. Cure the violation, or;
13.1.2.3. Notify City that Grantee cannot cure the violation within thEl 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 hearing date within 30 days of receipt of such response in accordance
with section 13.1.3.
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Cable Renewal\franchise Charter 12-03 final.wpd
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 oJ the fines for such extended cure
period in accordance with the criteria set forth in section 13.1.7.
13.1.4. In the event that the Grantee fails to cure the violation within the 30 day
basic cure period, or within an extended cure period approved by the City pUI"suant 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 providE~d an
opportunity to be heard, examine City's witnesses, and to present evidence in its
defense. The City may also hear any other person interested in the subject, land may
provide additional hearing procedures as City deems appropriate.
13.1.7. The fines set forth in section 13.2 may be reduced at the discretion of the
City, taking into consideration the nature, circumstances, extent and gravity I:>f the
violation as reflected by one or more of the following factors:
(A) Whether the violation was unintentional;
(8) The nature of the harm which resulted;
(C) Whether there is a history of prior violations of the same or other
requirements;
(0) Whether there is a history of overall compliance, or;
(E) Whether the violation was voluntarily disclosed, admitted <Dr cured.
13.1.8. If, after the hearing, City determines that a violation exists, Giity may use
one or more of the following remedies:
(A) Order Grantee to correct or remedy the .violation within a Ireasonable
time frame as City shall determine;
(8) Establish the amount of fine set forth in section 13.2, taking into
consideration the criteria provided for in section 13.1.7 of this section as
appropriate in City's discretion;
(C) Revoke this agreement, or;
(0) Pursue any other legal or equitable remedy available under this
agreement or any applicable law.
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Cable Renewal\franchise Charter 12-03 final.wpd
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
hearing or hearings as provided in this agreement. The fine for violating any provision of
this agreement shall be $250 per day for every day the violation continues with a cap of
$10,000.
affect:
13.2.2. Collection of Fines. The collection of fines by the City shall in 110 respect
(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 right to forfeit and terminate this
agreement and all rights and privileges of the Grantee, in whole or in part, in the eVEmt 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:
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 1this
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 intemJpted
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 ne~~otiation
of this agreement, or;
13.4. Relationship of Remedies.
13.4.1. Remedies are Non-exclusive. The remedies provided for in tlhis
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 severity 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:
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Cable Renewal\franchise Charter 12-03 final.wpd
(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 period 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.
13.6. No Recourse Against City. Grantee shall not have any monetary recclurse
against City or its officials, boards, commissions, agents or employees for any loss, costs,
expenses or damages arising out of any provision or requirement of this agreement or its
enforcement, in accordance with the provisions of applicable federal, state and local law.
The rights of the City under this agreement are in addition to, and shall not be read to limit,
any rights or immunities the City may enjoy under federal, state or" local law.
13.7. Nonenforcement by City. Grantee is not relieved of its obligation to oomply
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, may operate the Cable System; designatl3 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
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
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Cable Renewal\franchise Charter 12-03 final.wpd
Grantee shall reimburse the City or its designee for all reasonable costs. expenses Bind
damages incurred.
14.2. What Constitutes Abandonment. The City shall be entitled to exercisl~ its
options and obtain any required injunctive relief if:
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 sE~rvice 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 renl~wal of
Grantee's agreement shall be governed by and comply with the provisions 01' 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 welles 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 finali~e 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 right. interest, or property pass. to or vest in any Person or entity,
without the prior written consent of the City. which consent shall not be unreasonably
withheld. Grantee shall reimburse the City for all direct and indirect fees. costs. and
expenses reasonably incurred by the City in considering a request to transfE~r or
assign the Cable System or this agreement.
. 15.2.2. The Grantee shall promptly notify the City of any actual or proposed
change in, or transfer of. or acquisition by any other party of control of the Grantee.
The word "control" as used is this section is not limited to majority stockholclers but
includes actual working control in whatever manner exercised. A rebuttable
28- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd
----- -----------------------------------,---
presumption that a transfer of control has occurred shall arise on the acquisitilon 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 reques1l 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 wilthin 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 inquina 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 Grclntee
shall not constitute a waiver or release of any rights of the City, and any transfer
shall, by its terms, be expressly subordinate to the terms and conditions of this
agreement.
15.2.8. 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 Syst~m for cable television system usage to an entity
controlling, controlled by or under the Same common control as Grantee provided
that the proposed assignee or transferee must show financial responsibility as may
be determined necessary by the City and must agree in writing to comply with all
provisions of the agreement.
16. 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,
29- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Charter 12-03 final.wpd
paragraph, term or provision of this agreement, all of which will remain in full force and
effect for the term of the agreement.
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 oqual
employment or nondiscrimination provisions and requirements of federal, state and 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 parti~3s, 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 slbsence
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 oth~3r party,
either party may pursue whatever legal remedies exist. All costs associated with mediation
shall be borne, 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:
General Manager
Charter Communications
926 S. Grape Street
Medford, OR 97501
With a copy to:_
Attn: VP, Government Relations
Charter Communications
12405 Powerscourt Drive
St. Louis, MO 63131-3674
30- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Chart'er 12-03 final.wpd
All notices to be sent by Grantee to City under this agreement shall be sent, postage
prepaid, and such notices shall be effective upon the date of mailing. At the effectivE! date of
this agreement, such address shall be:
City Administrator
City of Ashland
20 East Main Street
Ashland, Oregon 97520
Either party may with 30 prior days written notice to the other party, change the address( es)
to which notices shall be sent pursuant to this section 17.3.
17.4. Binding Effect. This agreement shall be binding upon the parties, theilr
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.
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.
~~
d
day of
f4IWMJ
.2J
Agreed to this
Grantee
Falcon Cable Systems Company II, L.P.
By: ~- /.;a
Title: ~ VI' /)'I-:-t..II1) IJ I\JS
LN E$ fb-xJlf DI v I $.1 t rI
City of Ashland.~
By: ~
Mayor
Attest:~ ~
City Recorder
By:
Title:
31- Falcon (Charter) CATV Franchise
Cable Renewal\franchise Chanler 12-03 final.wpd
FedEx I Ship Manager I Label 7911 51476974
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VANCOUVER, WA, 98684
REVENUE BARCODE
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To: PAUL NOLTE (360)828-6608
CITY OF ASHLAND
20 EAST MAIN STREET
ASHLAND, OR, 97520
SHIP DATE: 16FEBlJ4
WEIGHT: 1 LBS
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CITY OF
ASHLAND
Council Communication
Food & Beverage Tax and Transient Occupancy Tax Collection
Meeting Date: February 21, 2006 Primary Staff Contact: Michael Franell;fd
Department: Legal E-mail: franellm@ashland.or.us
Contributing Departments: Finan~ Secondary Staff Contact: Lee Tuneberg
Approval: Gino Grimaldi -( E-mail: tuneburg@ashland.or.us
Estimated Time: 30 minutes
Statement:
We currently collect a food & beverage sales tax on prepared foods and a tran8ient
occupancy tax from businesses offering overnight accommodations. A few of the businesses
that we deal with have become severely delinquent, owing the City thousands IOf dollars. The
current system of collections has proved to be not very effective in a few instances. We
would like to review collection alternatives and make sure the manner in which we are doing
collections is in accordance with Council desires.
Background:
Under the current process, when a business entity is late in filing its tax, a 10% penalty is
assessed the first day of delinquency. For TOT tax an additional 1 0% penalty is assessed if
the payment is 30 days delinquent. For food & beverage tax, an additional 1 0% penalty is
assessed if the tax is 60 days delinquent. Penalties assessed and collected during 2005
amounted to $8,977.17.
When there is a delinquency, a representative from the finance department makes an initial
contact, usually by phone during the first week of delinquency, to remind the business to pay.
If payment is not received thereafter, the finance department generates a letter to the
business indicating the assessment of the penalty and requesting payment. If the business
representative makes contact with the finance department and indicates they will pay, the
finance department will continue to work with the business. Once it appears payment is not
forthcoming (usually about 30 days after the payment was initially due) the matter is turned
over to the legal department. The legal department then sends out a 1 O-day dl3mand letter.
If the delinquent amount is not paid at the end of the ten days, we file suit against the
business. When a business has had a problem with several late payments, we put them on
notice that they will be required to file monthly reports instead of quarterly reports. Some
businesses elect to report and pay on a monthly basis.
Currently, we have 74 businesses in Ashland filing transient occupancy reports. Six of those,
either voluntarily or by our determination are on a monthly reporting basis. We have a total of
144 businesses filing food and beverage tax reports, 38 of which are on a monthly reporting
~~,
basis. Judy Taus spends approximately 15 hours per month contacting business operators
who are late in paying their taxes. In the past year the legal department has had to file suit
13 times against businesses which are delinquent.
Once we take judgment against a business, we generally sit on the judgment until it is paid,
the business sells and we receive payment or the business fails. This has resulted in three or
four businesses that have several thousand dollars of outstanding judgments, as reflected in
the attached list. There are several other ways in which the problem could be approached.
Related City Policies:
The provisions for transient occupancy tax and collections are found in AMC Clhapter 4.24.
These provisions provide we can charge an operator with a violation and prosecute them
under the Ashland Municipal Code.
The provisions for the food and beverage tax and collections are found in AMC Chapter 4.34.
Again, in addition to other remedies, we could charge the person with a violation of the code
and prosecute them.
Council Options:
At this point, staff has not charged any business owner with a violation and proceeded with
prosecution. Council could direct that we begin doing so. If you were to do this, we would
like some parameters as to when this option should be utilized.
We could continue to conduct our collection efforts in the same manner that WE~ have been
doing. The downside to this is when a business fails or files a Chapter 13 bankruptcy. In
Chapter 13, the Bankruptcy Court can avoid our judgment liens. Even though our claim for
unpaid taxes is a priority claim in Chapter 13, the Court can provide for a payment of the tax
debt of only cents on the dollar. If the debtor files or converts to a Chapter 7 bankruptcy the
tax debts are not dischargeable, but we are left seeking collection from a debtor with no
assets. Otherwise, we sit on the debt until either the owner or operator pays or the business
is sold, in which event we are generally paid from the sale proceeds.
We could continue to conduct our collection efforts in the same manner as we have been
doing with direction from the Council for the legal department to be more aggressive in
collection of the judgments granted. Once we have a judgment, we can seek from the court
authority to do till taps (Appear at the business and take any money they may have in the
cash registers at the time). We could seek court authority to attach and sell personal items in
the business, such as inventory and equipment. Or, we could seek foreclosure of our
judgment liens against the business itself and sell the business in a foreclosure sale. Each of
these methods of collecting judgments will require significant additional staff time and
resources. I would estimate that foreclosing on a business would require 40 - 5.0 hours of
staff time, plus expenditures of $300 - $500.
We could decide rather than filing suit, that after reasonable efforts to contact the business
owner/operator, we turn the debt over to a collections agency. If we are to do this, I would
recommend that we amend our ordinance to provide for the addition of the colll:~ction agency
r~'
__.-_u_
fee as provided in ORS 697.105 to the debt owning. We would then amend our delinquency
notices to include that if not paid, the debt may be turned over to a collection a~Jency and the
collection agency fees will be added to and become part of the debt owning. Tlhe advantage
to this method is that it will substantially reduce legal department time spent in collections
efforts. The disadvantage is that it will substantially increase the amounts owed by
businesses that are already having difficulty paying their taxes.
We could add additional enforcement options into our ordinance. We have reslsarched, as
reflected in the attached memorandum from Mike Reeder, the possibility of making it a
requirement of our business license that the business stay current on its tax obligations to the
City. We would put in the business license provisions that if a business ended up with an
outstanding judgment against the business for taxes due to the City, the City could deny the
business license renewal and require the business to discontinue operations.
Staff Recommendation:
Because relatively few businesses are involved with delinquent bills that have to be taken to
court, but because the amounts of outstanding taxes with these few businesses is relatively
significant, Staff recommends the Council direct either that we add provisions to our
ordinance for collection agency fees and tum collection over to collection agendes, or we
amend our ordinance to provide for denial or revocation of a business license for those
businesses with outstanding, unsatisfied judgments.
Potential Motions:
I move the Council direct staff to prepare the necessary ordinance revisions to begin to
submit outstanding delinquent food & beverage tax or transient occupancy taxes to a
collection agency and add the appropriate fees thereto.
I move the Council direct staff to prepare the necessary ordinance revisions to permit denial
or revocation of a business license for any business with an unsatisfied judgme~nt for
delinquent food and beverage tax or for transient occupancy tax.
Attachments:
List of 2005 legal actions to collect delinquent food and beverage or transient occupancy tax.
Memorandum from Mike Reeder on taking action against business license for delinquent tax.
r.l'
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
January 17,2006
Michael W. Franell, City Attorney
Mike Reeder, Assistant City Attorney
Food & Beverage Tax Collections and Business License Revocation
You asked me to research whether the City had the ability to revoke a business license from a business
that fails to pay an outstanding judgment.
I. The Current F&B Ordinance:
a. Background
The current F&B ordinance grants the City explicit authority to bring a civil action for recovery of the
amount owed to the City. Section 4.34.110. Furthermore, failure to comply with the F&B Chapter,
including failure to remit the tax to the city by the date due is guilty of an infraction and "shall be
punished as set forth in section 1.08.020 of the Ashland Municipal Code." Section 4.34.120.
Section 1.08.020 is the general penalty for violating the code, with a fine not to exceed $500 per day per
infraction.
The "Purpose and Scope" section of Chapter 6.06, "Business Licenses" states:
...Neither the acceptance of the prescribed tax nor the issuance of the applicable license shall be construed to
constitute a regulation of any business activity or a permit to engage in any activity otherwise prohibited by law
or ordinance... Section 6.04.010.
It is clear that, as the code now read~, the Business Licenses chapter is generally not used to regulate the
activities (including the payment ofF&B taxes) of busineSses. However, the City may deny or revoke a
business license to an individual or firm "against whom a judgment is entered for fraud in a commercial
setting for profit related to th~ business for which the license is issued~ or which occurred within five (5)
years preceding the date of application..." Section 6.04.115. This section of the chapter is not revenue
based. Therefore, as I will discuss below, I see no impediment to creating an ordinance that grants the
City authority to revoke a business license for the nonpayment of an outstandingjudgrne:nt.
b. Short Conclusion
CITY OF ASHLAND
Legal Department
20 East Man Street
Ashland, OR 91520
www.ashland.or.us
Tel: 54 1-488-5350
Fax: 54f-552~2092
TTY: 800-735-2900
Mk:haeIW. ~rariell. City Att~y
Micheal M. Reeder, Assistant CiiyAttomey
Sharlene P. Stephens, Legal Assistant/Claims Manager
Nancy Snow, Legal Secretary
JIrf'W.
rA~.
There is no provision in the current code that allows the revocation of a business license for failure to
pay an outstanding F &B judgment. There is no state prohibition on creating an ordinancl~ that grants the
City authority to revoke a business license for the nonpayment of an outstanding F &B judgment
II. Possible Chan2es to the Code to Allow the Revocation of a Business License for JFaUure to Pay
F&B Tax Jud2ment:
I recommend that the code be amended in both Chapter 6.06 "Business Licenses" and Chapter 4.34
"Food and Beverage Tax." The Business Licenses ordinance would need to be amended to allow for the
revocation of the license in the event there are outstanding judgments for the nonpayment of the F&B
tax. Also, it is advisable that Section 6.06.010, "Purpose and Scope" be amend to make explicit that the
Chapter is not for revenue generation only, but is also to "regulate" the payment of outst(mding
judgments for delinquent F&B taxes. The F&B ordinance would need to be amended to put business
owners on notice that the business license may be revoked for the nonpayment of F &B tax judgments.
III. Le2al Impediments to Amendin2 the Code to Revoke Business License for Non'pavment of
Outstandin2 Jud2ment:
Through a review of caselaw and statutes, I find no prohibition on creating an ordinance that grants the
City authority to revoke a business license for the nonpayment of an outstanding judgment. Since this is
a matter oflocal concern, and based upon Ashland's Home Rule authority, the City has the authority to
make the proposed changes to the code.
IV. General Authority to Revoke a Business License lRe2ulation v. Revenue):
The City of Eugene's business license ordinance does not have a "purpose" section, but 1he text of the
ordinance clearly regulates the conduct of businesses; the ordinance is not merely for revenue
generation.
Section 3.050 of the Eugene Code, among other listed reasons, allows the city to revoke a business
license when the business".. . fails to meet the requirements of this code, or is doing business in
violation of this code or applicable federal, state, county law, ordinance, rule or regulation." EC Section
3.050(1)(a). This is a general grant of authority to revoke a business license in the event the business is
violating the code or other applicable laws. Ashland could adopt a similar approach, or adopt more
specific ordinance language that regulates business only for F&B tax judgments.
Attachment: City of Eugene Code: Section 3.023-3.080.
G:\legal\Reeder\FINANCE\Revocation of Business License for nonpay of F&B Tax memo (1-06).doc
2
CITY OF ASHLAtID
. Le9al Department .
20 East Main Street
Ashland, OR 97520
www.ashland.or.us
Tel: 541..488-5350 .
Fax: 541-552-2092
TTY:800- 735-2900
Michael W. Franek, City Attorney
Micheal M. Reeder, Assistant City Attorney
Sharlene P. Stephens, Legal Assistant/Claims Manager
Nancy Snow, Legal Secretary
r;.'....
January 31, 2006
CLAIMS FILED IN 2005 FOR DELINQUENT FOOD & BEVERAGE TAXES: *
Plaza Cafe - 2 separate claims: $2,706.67 and $3,983.19
Geppetto's - 2 separate claims: $2,916.81 and $782.76
Ashland Fudge Co. - 3 separate claims: $4,590.24, $1,230.30, and $3,311.94
Northwest Pizza & Pasta - 1 claim: $9,837.26
Mind's Eye Juice Co. - 2 separate claims: $1,308.37 and $1,592.25
Total: 10 claims
CLAIMS FILED IN 2005 FOR DELINQUENT TRANSIENT OCCUPANCY Tt~ES: *
Morical House - 3 separate claims: $10,707.61, $2,012.22, and $3,660.30
Total: 3
JUDGMENTS FILED IN 2005 FOR DELINQUENT FOOD & BEVERAGE TJlJ<ES: *
Plaza Cafe - $3,168.69
Oak Tree Northwest - $4,880.63
Ashland Fudge Co. - 3 separate judgments: $4,590.24, $1,230.30, and
$3,311.94
Mind's Eye Juice Co. - 2 separate judgments: $1,308.37 and $1,592.25
Total: 7
JUDGMENTS FILED IN 2005 FOR DELINQUENT TRANSIENT OCCUPANCY
. TAXES: * .
Morical House - 2 separate judgments: $1,833.75 and $3,660.30
Total: 2
* = Amounts shown do not include court fees, plus interest continues t.oaccrue. .
(Note: Settlement Agreement reached in 2005 for delinquent Food and Beverage
Taxes for Plaza Cafe and Geppetto's in the amount of $33,905.08, which could
increase to $53,382.45 if the terms of the agreement are not adhered to.)
UNSATISFIED JUDGMENTS REMAINING TO DATE: *
T. W. Eldredge, dba Ashland Fudge Co. - 4 separate judgments: $4,406.38,
$4,590.24, $1,230.30, and $3,311.94
Oak Tree NW - $4,880.63
Morical House - 2 separate judgments: $1,833.75 and $3,660.30
Mind's Eye Juice Co. - 2 separate judgments: $1,308.37 and $1,592.:25
Total: 9
* = Amounts shown do not include court fees, plus interest continues te) accrue.
CITY OF
ASHLi\ND
Council Communication
Oregon Economic Development Grant I Loan Application for Jefferson
Street Continuation
Meeting Date: February 21 , 2006
Department: Administration
Contributing Departments:1tr Works
Approval: Gino Grimaldi
<'
Primary Staff Contact: Joe Strahl . CSJlmA~
E-mail: strahlj@ashland.or.us )' vv v -
Secondary Staff Contact: Lee Tuneberg
E-mail: tuneberl@ashland.or.us
Estimated Time: 20 minutes
Statement:
The Oregon Economic and Community Development Division of the State of Oregon offers grant and low interest loans to
further development of infrastructure to communities if there is an opportunity for benefit to the economic growth of the
community as a whole. The City has been presented a proposal to annex a parcel contiguous to City Limits along an
unimproved section of Jefferson Street. Annexation and development of this parcel would require the completion of
Jefferson Street to full City standards to supply infrastructure. The improvements to Jefferson Street are recognized as a
suitable project for OECDD monies.
Background:
A recent proposal by Brammo Motorsports to construct a manufacturing compound including three 48,000 square foot
manufacturing warehouses and administration offices has been received by the Planning Department. The formal
application for Planning Commission presentation is due prior to February 24th, 2006 for inclusion on the Planning
Commission agenda for the April 111h regular meeting. The Planning Commission consideration will inclucle whether to
recommend for the City Council to approve the annexation of the parcel into the City limits.
The Engineering Division compiled the necessary improvements needed to complete the E. Jefferson Stmet and Jefferson
Street connection. An estimate based on mobilization and site preparation, road width and type, utility installation,
pedestrian improvements and inclusion of a 36 by 20 foot bridge came to approximately $900,000. The connectivity of this
section increases the access for all Washington and Jefferson Street residents and creates a more straigl1tforward
transportation route to Ashland Street and the 1-5 corridor. The Transportation Element of the Comprehensive Plan supports
routes which offer direct access for freight traffic to the larger arterials and the 1-5 corridor. The major zoning in this area is
for employment and manufacturing industries, which lends to the use of larger delivery vehicles and transports. The current
disconnection of Jefferson Street results in two dead-end turnarounds creating an unfavorable traffic movement and flow
through the area. To build the continuation of Jefferson Street opens the area for further development for manufacturing
and light industrial businesses in Ashland which increases employment opportunities for the community.
Related City Policies:
In the recent past the City has entered into agreements with the Oregon Economic and Community Development Division
for the building of the Hargadine Parking Structure. OECDD funds were also secured for the construction of the Community
Development and Public Works Administration Building.
Council Options:
Council may elect to consider the application for the OECDD grant / loan submission.
G:\pub-wrks\eng\dept-admin\1oes Memos\CC Jefferson St Extension OECDD Grant Application 2 06.doc
r.t.'
Staff Recommendation:
Staff recommends the further submission of the application to OECDD and that an agreement be drafted between the City
and Brammo Motorsports fully guaranteeing the road improvement costs by Brammo. Staff recommends that said
agreement assume that the City will not be responsible for any infrastructure costs associated with this project.
Potential Motions:
Council recommends staff proceed with filing the OECDD granV loan application for the continuation of Jefferson Street.
Council requires more time to further research the application before proceeding with the OECDD granV loan application for
the continuation of Jefferson Street.
Council rejects the submission of the OECDD granV loan application.
Attachments:
Vicinity Map
Proposed Street Construction Map
Draft OECDD Application
Engineer Estimate
Proposal by Brammo Motorsports
G:\pub-wrks\eng\dept-adminlJoes Memos\CC Jefferson St Extension OECDD Grant Application 2 06.doc
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APPLICATION
Oregon Economic and Community Development Department
775 Summer St. NE, Suite 200
Salem, Oregon 97301-1280
[FIELD: Regional Coordinator Phone]
Concept Number: [FIELD: Project Number]
Project Name: [FIELD: Project Name]
Applicant: [FIELD: Recipient]
Applicant's Organization Type:
X City D Special District
D County D [eligible applicant 4]
D [eligible applicant 5]
D [eligible applicant 6]
Name and title of person with signature Phone: 541/488-6002
authority for Applicant:
Fax: 541/488-5311
Email:
Street Address: Mailing Address:
20 E. Main Street Same
Ashland OR 97520
I Applicant's Federal Tax ID No: 936002117
Detailed Project Budget
Budget Line-item Department Department Non-
Departme Total
Funds Funds nt Funds
Totals $(calculate) $( calculate] $(calculate
)
Page 1
Source of Non-Department Funds - CASH Status
Amount Committed, Application Submitted,
AODlication Invited, or Potential Source
Total $( calculate)
Goods/Service Value Status
Source of Non-Department Funds - IN-KIND to be Donated Committed or
Potential Source
Total $(calculate)
Detailed Project Description - include opportunity/problem and solution
Brammo Motorsports approached the City of Ashland with a proposal to construct three 48,000 square foot
manufacturing warehouses on an 8.43 acre parcel. The parcel location lies outside the City limits and
currently lies within the Jackson County jurisdiction. An application to annex the parcel into the City limits is
currently scheduled for a March/April Planning Commission review. Parcel development includes the
completion of a 650 foot section of Jefferson Street which would bisect the parcel to provide access and
service connections for the parcel. The developer would be required in the Planning Conditions to dedicate
the public ROW to the City upon project completion.
Construction ofthe 650 feet of28 foot wide street includes: excavation, utilities, sub-base, Level 2 HMAC, a
60-80 foot wide box culvert, 5 foot sidewalks, curb and gutter and storm drain installation, street lighting and
pedestrian amenities. Completion of this section of Jefferson Street will facilitate the construction of the three
48,000 square foot warehouses to accommodate the Brammo Motorsports Headquarters. Currently this
section of Jefferson Street is unimproved, undedicated right of way with no utility services.
Project Work Plan
Activity
Pre-A lication: Site Review & Annexation
Annexation Review & A roval to Council
Buildin Plan & Civil Plan Submittals
Street Construction
Buildin Construction
General Certification: I certify that to the best of my knowledge all information contained in this document and
any attached supplements, is valid and accurate.
)f the Applicant is a municipality, I further certify that, to the best of my knowledge:
1) The application has been approved by the governing body or is otherwise being submitted
using the governing body's lawful process, and
Page 2
C Deleted: 'II
2) If signed by an official, other than the highest elected official, documentation is attached
that verifies the official's authority to sign on behalf of the applicant. Such documentation
can include a resolution, ordinance, order, governing body meeting minutes, or similar.
Signature
(must be highest elected or other authorized official)
Title
Date
Page 3
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Application Supplement for
Special Public Works Funds
Infrastructure Project
Property Acquisition/Ownership/Operation
Describe any property, including permanent easements and rights-of-way, which needs t.) be obtained
for the project.
The right of way for the continuation of Jefferson Street is currently situated on a parcel zoned outside of City limits and
under Jackson County jurisdiction. Currently, an application to annex the property into the City with an E -1 (Employment
District) or M-l (Industrial District) zoning is under review. Annexation approval from the City Council would need to be
obtained prior to any public or private improvements being constructed.
Who will own the facility/improvements once they are constructed?
Once the street is fully constructed and the public right of way is dedicated from the developer, the City oJ Ashland will own
all the improvements in the public right of way with the exception of private utilities such as gas, telephone and cable.
Who will operate and maintain the facility/improvements once they are constructed?
The City of Ashland will maintain the facilities and all private utilities in the street will be maintained by their respective
compames.
Results of the Project
Explain how the project will meet one or more of the following: a) establishes or enlarges economically
viable industries with reasonable long term growth prospects, including opportunities fOlr innovative
new industries or for continuance of existing basic industries; b) results in a net benefit to the state in
the long term and will not require continuing state subsidies; c) utilizes existing public and private
assets, including infrastructure, human resources, and plant and equipment; d) improves the conditions
of the economically disadvantaged and increases the number of jobs which increase average incomes;
e) supports the development of businesses owned by women and members of minority groups; f)
harnesses Oregon's comparative advantage with emphasis on the growth and developm4:mt of existing,
in-state businesses, especially small businesses; g) provides direct assistance to businesses which sell
goods or services in markets for which national or international competition exists; h) results in the
economic revitalization of communities; or i) is funded and otherwise supported to the maximum extent
possible by private resources; j) results in business growth or expansion which would not occur in
Oregon without an investment from the Special Public Works Fund.
a) establishes or enlarges economically viable industries with reasonable long term growth prospeds, including
opportunities for innovative new industries or for continuance of existing basic industries;
The completion of Jefferson Street will enlarge available E-l or M-l zoned development within the City of Ashland. The
connection completes connectivity to various outlets to the main transportation system by accessing Highway 66 and
Interstate 5. The completion will increase the viability of access to not only the proposed development, but to all existing
development residing along Jefferson Street, Tolman Creek Road and Washington Street. The inclusion of Brammo
Motorsports to the commercial customer base for Ashland will introduce a high end technological manufacturing facility
impacting the prospective livability of Ashland and surrounding communities.
b) results in a net benefit to the state in the long term and will not require continuing state subsidh:s;
The continuation of Jefferson Street increases transportation access and vehicle flow to and from two major state highway
systems including Interstate 5. Construction will aid in use of the state highway system from a commercial area and
discourage use of the inter-city transportation system by offering a viable connection to the highway system. Increased
deterioration of the City system will be slowed by offering this alternative route accessing the state highway system. The
Highway Freight Transportation section of the AsWand Comprehensive Plan Transportation section specifically identifies
the goal of addressing the need to keep circulation of truck traffic networked to the state highway system.
c) utilizes existing public and private assets, including infrastructure, human resources, and plant and equipment;
Without the continuation of Jefferson Street and the annexation from Jackson County jurisdiction, further eonstruction in this
area would be halted. Future growth in the commercial area satisfies a need for E-land M-l expansion wllthin the City of
Ashland. The development requires connection to the existing infrastructure and would provide connectivity for water,
sewer and other utilities to the undeveloped portion of Jefferson Street.
d) improves the conditions of the economically disadvantaged and increases the number of jobs which increase
average income;
The inclusion of Brammo Motorsports into the employment market increases the number of living wage positions as well as
well as average income positions.
e) supports the development of businesses owned by women and members of minority groups;
Not applicable.
1) harnesses Oregon's comparative advantage with emphasis on the growth and development of e~jsting, in-state
businesses, especially small businesses;
Brammo Motosports currently exists in Oregon, but has outgrown their current facility. The business plans to base their
manufacturing and world headquarters within the City of Ashland. The production and marketing is a world wide venture.
The desire to stay in Ashland, Oregon prompted the business to purchase an undeveloped parcel with hopes of future
growth.
g) provides direct assistance to businesses which sell goods or services in markets for which national or
international competition exists;
Craig?
h) results in the economic revitalization of communities;
Introduction of technologically advanced positions and living wage employment increases the viability of the City of
Ashland.
i) or, is funded or otherwise supported to maximum extent possible by private resources;
na (do we put in the application that Craig is paying us back)
j) results in business growth which would not occur in Oregon without an investment from Special Public Works
fund.
The current operation exists in a facility which limits growth potential; the annexation and potential construction of Jefferson
Street offers an opportunity for Brammo Motorsports to expand their manufacturing facilities. Without the street
construction, the parcel would be undevelopable.
If the project will primarily benefit commercial businesses, please list the goodslservices sold by the
businesses for which national or international competition exists and the markets in whi<:h the
goods/services are sold.
Craig help
If the project will make improvements to a community's downtown, explain how the projEict will make the
downtown/main street more competitive and/or improve the economic vitality of the community.
Construction of Jefferson Street increases availability of commercially zoned unimproved land, potentially increasing the
number of commercial businesses based within Ashland. Increases in employment opportunities within Ashland will
increase the potential recirculation of funds within the City. Personnel could potentially utilize businesse:; within Ashland
such as grocery stores, restaurants and other businesses, thereby increasing the viability of the community. The introduction
of available employment could also increase the number of residents within Ashland reflecting support for all community
infrastructure. The adopted Comprehensive Plan, Chapter VII identifies goals and policy that would be supported by this
application for a manufacturing business and road construction.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\SOREDI Application supplement Jefferson St 2 06.doc
System Information (only complete for safe drinking water system projects)
Water System Identification Number
41-00047 A
Are all service connections to your drinking water system metered? If no, has a plan been adopted to
install the meters?
Yes.
Describe any anticipated changes in the rates in the next five years.
System Development Charges and rates are determined by budgetary demands on capital improvement projects and qualified
maintenance.
Additional Program Requirements/Project Information
No private business will have a special legal entitlement to the project (e.g., through oWnE~rship, a lease,
a management contract, special rates/charges, or priority for use) and the project is availcllble for use by
the general public. (True or False) If false, please explain.
True.
Explain how the project is necessary to enable the identified business's project to proceed.
Without the construction of the unimproved section of Jefferson Street, the business will have no access to the constructed
street system. The completion of Jefferson Street will connect many existing businesses to the state highway system as well
as benefiting the proposed business.
Will the identified business be relocating from another part of the state? If yes, please eXI~lain the
reason for the relocation.
No, they currently reside in Ashland but are in need of expanded facilities.
List of permits needed and whether they have been obtained or not.
No permits have been obtained, but potential permits could include: Jackson County Facility Permit, DSL permit, and a
local environmental and physical constraints permit, 1200-C DEQ permit and all applicable building permits
What is the physical location of the project?
Jefferson Street, Ashland OR 97520, between Tolman Creek Road and Washington Street.
Is the project situated in an area in which economic development is prevented or substantially restricted
by at least one of the following: adequate sewage treatment works; solid waste disposall;ites; water
supply works; telecommunications infrastructure; roads; public transportation; or other facilities that
comprise the physical foundation for industrial and commercial activities?
Economic development in this area is hindered by the lack of connectivity to the existing street and utility systems. The
completion of Jefferson Street constructs infrastructure including all utilities, connectivity and access to public transportation
as well as increase of viable commercial E-I or M -1 zoned property.
What is the estimated useful life of the improvements included in the project?
20 years.
Describe why the project is in the public interest.
Interconnectivity of the street system is within the best interest of the City. The connection of Jefferson Street increases
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\SOREDI Application supplement Jefferson St 2 06.doc
connectability of a vital commercial area to the state highway system. It also increases potential areas of Cl~
business growth within the City of Ashland City limits. ~
What sources of revenue are being pledged to repay a loan?
Is other debt serviced or secured by those revenues? If yes, is it described in the applicant's audit
reports? If no, please describe:
Has the applicant ever defaulted on a debt? If yes, provide a complete summary of the circumstances
related to the default.
Is there pending litigation that could impair the applicant's ability to repay debt?
Additional Budget Information
If the budget includes project management expenses, will the applicant's staff or an independent
contractor be providing the services?
Who prepared the cost estimates for the project? Name, title, company, phone, and date.
If the budget includes Non-Department funds which are not yet committed, will all funds be committed
by the date an award from the Department is made?
x
X
Not
Applicable?
Attached
?
Attachment
label
(please do
not change)
Attachments
Description of Attachment
A
Documentation from the appropriate entity (city or cC1unty) which
indicates that the project is consistent with the acknowledged local
com rehensive Ian.
One of the following: 1) real market value, from the c~Junty tax
assessor, of a property which is comparable to the plrOperty that
will be improved as a result of the project once the improvements
have been made; 2) a projection from the county tax assessor of
the value of the property that will be improved as a nlsult of the
project once the improvements have been made; or :1) an appraisal,
conducted by an independent appraiser, of the value of the
property that will be improved as a result of the projEict once the
im rovements have been made.
List of the five largest employers in the applicant's jUlrisdiction, the
t e of business, and number of em 10 ees.
List of the ten largest property tax payers in the appliicant's
B
C
D
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECTlSOREDI Application supplement Jefferson St 2 06.doc
x
X
App~c?able?
Attached
?
-
-
Attachment
label
(please do
not change)
E
F
G
H
J
K
L
M
N
o
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Q
R
S
T
U
v
W
Attachments
Description of Attachment
jurisdiction, their type of business, total taxes, and current
assessed value.
If the project is a safe drinking water project, attach a copy of the
Notice of Non-Compliance with the Safe Drinking Water Act issued
b the Division of Health Services Drinkin Water Pro! ram.
If the project is for telecommunications infrastructure, attach a
resolution which includes findings and states that pmject is
necessary & would not otherwise be provided by a fOlr-profit entity
within a reasonable time/for a reasonable cost.
If the project is for telecommunications infrastructure, attach a
copy of the notice and minutes of the public hearing .It which the
above resolution was ado ted.
If the applicant will own the facility and another entity will operate
the facility, attach an executed copy of the operating agreement
between the parties.
If the project overlaps municipal boundaries, attach an executed
copy of an intergovernmental cooperation agreement which sets
out the duties and obli ations of each entit .
If the project is for a safe drinking water system, attac:h a copy of
the current rate schedule, including rates for System Development
Char es SDCs.
If the project is for a safe drinking water system, attac:h a copy of
the most recent resolution or ordinance which adopts the current
rate schedule.
If the project is for a safe drinking water system, information on the
s stem's ten lar est customers see form below.
If net revenues from your water and/or sewer system will be
pledged to repay the loan, attach Summary of Users, Consumption,
and Rates for the a Iicable s stem s see form below .
Map(s) showing the location of the project, including tax
lots/ arcels and road widths, etc.
A Schedule of Pro Forma Revenues and Expenditures for the
applicable fund(s) that will be pledged to repay the loan for each of
the next five years and any underlying assumptions lIsed (see form
below
The study conducted to determine the feasibility of the
facility/improvements or any preliminary
architectural/engineering/planning work that has been completed.
The documents must be stamped and signed by a prt:>fessional
architect/en ineer re istered or licensed in Ore on.
If the project is for downtown revitalization, attach a I::OPY of the
downtown revitalization Ian.
Applicant's adopted budget.
Applicant's last three audit reports.
If available, plans & specifications for the project.
Copies of any ordinances which establish debt that il:; supported by
the source of re a ment for this loan.
The Job Creation/Retention and Average Wages form completed by
the business see form below .
Copy of the First Source Hiring Agreement between the business
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECTlSOREDI Application supplement Jefferson St 2 06.doc
x
Attached
?
X
Not
Applicable?
Attachment
Label
(please do
not change)
Attachments
Description of Attachment
provider.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\SOREDI Application supplement Jefferson St 2 06.doc
ATTACHMENT L
System's Ten Largest Customers
Customer Name Annual % of total Annual % of total
Consumption consumption revenue annual
(in gallons or for system received by revenue
cubic feet) the system received by
the svstem
I Source and date of the above data.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\SOREDI Application supplement Jefferson St 2 06.doc
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A.TT ACHMENT 0
Schedule of Pro Forma Revenues and Expenditures
Current Year 1 Year 2 Year 3 Year 4 Year 5
Rate per EDU*
Connections*
Equivalent Dwelling Units (EDUs)*
Source of Revenue (identify I I I I [
~ource)****
trotal Revenue II I I I C I I
Operating Revenue** I I
Operating Expenses***
Net Operating Revenue
Existing Debt Service (identify
sourcel****
Existing Debt Service (identify
~ource)****
h"otal Existing Debt Service
*complete only if water fund will be pledged to repay the loan
**do not include interest, system development charges, etc.
***do not include capital outlay, transfers, debt service, etc.
****add additional rows as needed
the above fi ures.
ATTACHMENT V
Job Creation/Retention and Average Wages
Business Name & Brammo Motorsports, LLC
Address
Contact Person
Name, Title &
Phone
Craig Bramscher, CEO
541/482-9555 Ext 315
Oregon Business BIN 1166203-3
Identification #
Federal Tax
Identification #
82-0562368
Product(s)
produced
Automotive Specialty
1. Current Number of Full-Time Equivalent Jobs
a. Total number of hours paid* to employees** during the previous 12 months 13,119
b. Divided by 2,080 hours per year = 6.307
c. Of the current Full-Time Equivalent Jobs (1.b. above), how many do you estimate
would no Ion er exist if the roposed ro'ect is not completed
d. By what date do you estimate the Full-Time Equivalent Jobs in 1.c. above would
no Ion er exist if the proposed ro'ect is not completed?
o
o
e. What 12-month period was used for 1.a. above?
January 2005 to December 2005
* "Hours paid" for an hourly employee means all hours for which the employee was actually paid, including sick leave and/or
vacation if the employee receives his hourly wage for those hours. Hours paid for a salaried employee shall not exceed 2080
hours per year and will be calculated on a pro-rata basis if the salaried employee is not employed for the entire one-year period
or if the salaried employee is less than a full-time employee. However, if the salaried employee is paid additional sums for
hours worked over 2080 hours per year, those hours above 2080 for which the employee is paid may be included in the total
hours paid. All jobs that are covered under unemployment compensation shall be counted. Contract labor may also be
included if the jobs are expected to be permanent, but hired though a third party contract agency.
** "Employee" means:
a. a person who is paid through a business's normal payroll system;
b. a person for whom FICA and state and federal income taxes are deducted from his/her gross wages, which are then
forwarded to the appropriate agencies by the business on behalf of the person;
c. a person for whom the business pays state and federal unemployment insurance; and
d. a person for whom the business contributes to FICA.
An exception to the above is allowed if the business uses a leasing agent for its employees and the terms of the leasing
agreement are such that hiring decisions are made by the business and for all intents and purposes the "employees" are
working for the business. The fees paid by the business to the leasing agent should not be considered as part of the
employees' salary/wages.
An "employee" is not:
a. a person hired through a temporary agency; or
b. a person acting as an independent contractor.
2. Average Annual Wage of Current Full-Time Equivalent Jobs
a. Total wages/salaries paid to employees during the previous 12 months 277,588
b. Total number of hours paid to employees during the previous 12 months (same as 6.3
1.b. above) + 2,080
c. Divide a. by b. 44,010
3. Estimated number of new Full-Time Equivalent Jobs that will be created as a result of
this ro'ect
Estimated date that operations resulting from the proposed project will begin
1341
7/1/20061
20101
$50,130.361
By what date do you expect the new Full-Time Equivalent Jobs will be created? (no
more than five years from the date operations resulting from the proposed project
beain)
4. Estimated annual average wage of the new Full-Time Equivalent Jobs that will be
created as a result of this pro'ect 3. above
5. Estimated number of new Full-Time Equivalent Jobs that will be created as a result of
this project by the end of the second year after beginning operations resulting from
the ro osed ro'ect these 'obs must then be maintained for a minimum of one ear
821
6. Estimated annual average wage of the new Full-Time Equivalent Jobs that will be
created as a result of the ro osed pro'ect b the end of the second ear
$51,766.421
I certify and affirm that all statements and information contained herein are true and completEl to the best of my
knowledge.
Preparer's Signature
Official Signature of Business
Typed or Printed Name
Typed or Printed Name
Date
Date
Brammo Motors Construction Estimate
1 of 1
Estimated .
Unit
Quanti
- .
'{;J\nw'~a : Estimated
-2mj" ' t otat PriCe
',;1'
Mobilization
Tern ora Traffic Control
Furnish and Install Erosion and Sediment Controls
:RemovatlQ'~S~es' .
Sawcut & Remove AC Pavement
General Excavation
LS 1.00 $17,500.00 $17,500.00
LS 1.00 $2,000.00 $2,000.00
LS 1.00 $3,000.00 $3,000.00
SY $233.33
CY $48,549.38
EA 4.00 $5,000.00 $20,000.00
EA 6.00 $1,200.00 $7,200.00
LF 580 $55.00 $31,900.00
LS 2 $250.00 $500.00
LF 325 $50.00 $16,250.00
LS 2 $250.00 $500.00
EA 1 $12,000.00 $12,000.00
SF 2470 $2.50 $6,175.00
Electric Conduit and Wire LF 900.00 $40.00 $36,000.00
Electric Vaults EA 4.00 $2,000.00 $8,000.00
Electric Transformers, 1000kva EA 1 $11,230.00 $11,230.00
Cable (Estimate 50% of Electrical Cost EA 1 $27,615.00 $27,615.00
S.ltiJ.!::~~.~.''''! ," " ,"i>i,:
Geotextile Fabric SY 1960.00 $2.50 $4,900.00
4"-0 Shale Base CY 653.33 $25.00 $16,333.33
3/4"-0 Aggregate Base CY 326.67 $50.00 $16,333.33
LF 1260.00 $8.00 $10,080.00
SF 6300.00 $10.00 $63,000.00
EA 6.00 $600.00 $3,600.00
$75.00 $34,125.00 I
$10,000.00
$1,500.00
SF 720.00 $372.(~ $267,840.00 ,
LS 1.00 $35,580.72 $35,580.72
LS 1.00 $49,813.01 $49,813.01
LS 1.00 $21,348.43 $21,348.43
H:\PROJECTS\05-10 (Brammo Motors)\Brammo Motors Street Estimate - minus non-city utilities
2/6/2006 12:59 PM
BRa M IVI DTM
1504 E. Main - Ashland - Oregon 97520 - WM'vbrammo.comn 541-482-9555 - f 877-733-~3155
Pre - Application Conference Request
Site Address: County Lot 391 E14A 1104
Owner: Craig Bramscher, 7118 Highway 66, Ashland Oregon 97520 541-482-9555x315
Applicant: Craig Bramscher, 7118 Highway 66, Ashland Oregon 97520 541-482-9555x315
Narrative: Proposal to annex the 8.43 acre parcel for entitlement as E1 or light industrial zoning
for the use of Brammo Motorsports world headquarters and manufacturing facility. A
three phase approach to developing the parcel with a proposed three building
(;campus, with Phase 1 of 48,000 square feet to be built as quickly as possibly. An
additional two buildings proposed over the following few years.
SOREDI is offering development funds for the continuation of Jefferson Street through
nle center of the parcel.
The buildings are being planned to be of common light industrial use similar to the
adjacent buildings in this industrial neighborhood, utilizing steel construction with an
appropriate fa<;:ade facing the new Jefferson street development.
The use of the seasonal creek that runs through the parcel as an amenity and green
belt for the development is planned to enhance the area. A bottomless arch culvert is
proposed to keep the creek bottom ecology intact.
Site Plan:
See attached:
Other:
The 5 year plan for the project is to provide at least 140 jobs of above minimum wage
for the city of Ashland.
CITY OF
ASHLAND
Council Communication
Resolution Authorizing Signatures, Including Facsimile Signatures, for
Banking Services on Behalf of the City of Ashland
Meeting Date: February 21, 2006 Primary Staff contac~ra Christensen
Department: City Recorder/Tr~urer E-mail: christeb@ashland.or.us
Contributing Departments: None Secondary Staff Contact:
Approval: Gino Grmaldi /' E-mail:
~ Estimated Time: 5 minutes
Statement:
This resolution authorizes the following individuals as approved signers on the City of Ashland Parks bank account with
Bank of America: Barbara Christensen, City Recorder/Treasurer, Rich Rosenthal Chair of Parks Commission, and in their
absence Lee Tuneberg, Finance Director.
Background:
The chair of the Parks Commission has been changed from Mike Gardiner to Rich Rosenthal. It is the Chair of the Parks
Commission that is the authorized check signer. Whenever there is a change in signers, a new Resolution and signature
card of all authorized signers is required.
Related City Policies:
None
Council Options:
Approve or disapprove Resolution.
Staff Recommendation:
Approve Resolution authorizing approved signers.
Potential Motions:
Motion to approve/deny Resolution authorizing signatures for Banking Services.
Attachments:
Authorized signature cards
~~.
...~
RESOLUTION NO. 2006-
A RESOLUTION AUTHORIZING SIGNATURES, INCLUDING FACSIMILE
SIGNATURES, FOR BANKING SERVICES ON BEHALF OF THE CITY OF ASHLAND
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The following persons are authorized to sign on behalf of the city, orders for payment
or withdrawal of money: John Morrison, Mayor, and Barbara Christensen, Recorder/Treasurer; or
in their absence, D. L. Tune berg, Director of Finance. Park Commissioner Rich Rosenthal is
added as an authorized signature to the Parks Commission bank accounts.
Such authority shall remain in force until revoked by written notice to the affected bank of the
action taken by the council of the City of Ashland.
All prior authorizations are superseded.
SECTION 2. Any designated depository ("Bank") of the City of Ashland is authorized and directed
to honor and pay any checks, drafts, or other orders for the payment of money withdrawing funds
from any account of the city when bearing or purporting to bear the facsimile signatures of the
persons listed in Section One of this resolution whether such facsimile signatures be made by
stamp, machine, or other mechanical device. The Bank is authorized and directed to honor and to
charge the city for such checks, drafts, or other orders for the payment of money, regardless of how
or by whom such actual or purported facsimile signatures were made, provided they resemble the
facsimile signatures duly certified to and filed with the Bank by the city recorder or other officer of
the city.
SECTION 3. This Resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code S 2.04.090
duly PASSED this day _ of February 2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of February 2006.
John W. Morrison, Mayor
CITY OF
ASHLfAND
Council Communication
Emergency Water Supply
Meeting Date: February 21, 2006
Department: Public Works
Contributing Departments: ntJnistration
Approval: Gino Grimaldi 1\ ('
Primary Staff Contact: Joe Strahl, Interim PW Director
E-mail: strahlj@ashland.or.us 552-2411
Secondary Staff Contact: Pieter Smeenk, Interim City
Engineer, 552-2413
E-mail: Pieter@ashland.or.us
Estimated Time: 30 Minutes
Statement:
Ashland's drinking and fire-fighting water depends on a single source of supply, the water treatment
plant on Ashland Creek. Disruption of this source due to flood, fire, earthquake, or other disasters
could place the City's water supply in a vulnerable position, with potentially dire consl~quences. A
mutual aid agreement with the City of Talent could alleviate many of the concerns associated with a
disruption of water service in either city by providing an alternate source of supply through a shortened
TAP line in an emergency.
Background:
Reeder Reservoir, Ashland Creek and the water treatment plant on Ashland Creek provide an excellent
source of water for City residents. However, this source was recently threatened by th~ flooding that
occurred this winter. Flood waters were within a half-foot of entering the treatment plant, which
would have caused a shutdown of the facility and the inability to provide water to residents once the
stored water in the system was exhausted. In 1997 the source was completely disrupted due to the
flood that occurred that year. Besides floods, other natural disasters, such as earthquake and fire, could
result in water service disruptions for extended periods of time.
Water service interruption requires citizens to make arrangements for water delivery to meet drinking
water and sanitary water needs. A fire during a period of service disruption would result in more dire
consequences. This situation is inadequate in terms ofthe City meeting its obligation to citizens to
prepare for and respond to emergencies.
Ashland has plans to extend the TAP water line, which currently terminates at the nortlb. end of the City
of Talent. The extension of the TAP line would result in an alternate source of a potable water supply
for Ashland, thereby alleviating concerns about disruption of water service. However, the full expense
of connecting to the TAP line could be delayed if the City develops a mutual aid agreement with
Talent. Such an agreement would allow Ashland to connect to the Talent water system at the south
end of Talent, thereby postponing the construction of the TAP line along Highway 991:hrough Talent.
Both Ashland and Talent's emergency water needs could be met through this connection. However,
Ashland is the more likely to require water from Talent due to the circumstances associated with the
location of the water treatment plant and the City's limited water source.
G:\pub-wrks\admin\PB Council\water issues\CC Emergency TAP Supply Options 7Feb06.doc
1
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A preliminary plan has been developed in-house to accomplish this connection to the Talent system.
Essentially, it involves building elements that would be required for the anticipated future connection
to the TAP intertie, except the line running through Talent and the pump station that will be needed at
the north end of Talent, the termination reservoir and a larger connection with the City of Ashland.
The plan, therefore, only involves the construction of items that will eventually be needed for the
completion of the TAP line anyway. It is estimated that the emergency connection would cost $60,000
in this fiscal year and approximately $2.5 - $3.0 million in later years.
The current project schedule is included in the Capital Improvements Plan and identifies the funding
sources split between SDCs and water fees and rates for a total of approximately $5,425,000. In this
fiscal year, $150,000 is budgeted for TAP and there are sufficient unused appropriations to cover this
change with some engineering work deferred to next year. Any deferred work will be re-budgeted in
FY07. Additionally, we intend to move up from FY08 $200,000 in work to FY07 for.a total of
$260,000 and $2.5 million from FYlO to FY09.
This change in the TAP plan would not provide the extra water that Ashland will need to meet future
growth demands but would be adequate to meet emergency needs if both Talent and Ashland engage in
curtailment of water use during an emergency.
The importance of addressing an alternate source of supply makes this a critical issue. There are many
possible natural occurrences which could result in disruption of water service in any given year. Some
would say it is irresponsible to put off making arrangements for emergency water supplies to fight fires
and provide for the safety and convenience of citizens during an emergency, especially when a readily
available option exists.
From Talent's perspective this matter is critical for additional reasons. Talent will benefit from having
access to an alternate source of supply in an emergency. However, Talent's water source is relatively
secure. The reasons that Talent regards this matter as critical relates to improvement plans in Talent.
Highway 99 through Talent is currently being reconstructed and Talent has plans to reconstruct Creel
Road this summer in an area where it will be necessary to connect to Talent's system under this
proposal. It would be disruptive to the citizens of Talent, and costly to tear up new streets to make the
proposed connection. By taking action quickly this disruption and extra cost can be avoided. If this
proposal is approved by Talent and Ashland it will be necessary for Ashland to perform the
underground work in Creel Road this summer while that road is being reconstructed. That work is
estimated to cost $60,000.
Related City Policies:
The City of Ashland has committed to constructing the TAP line in the future.
City Council goals have emphasized the importance of preparing for emergencies.
Council Options:
Direct Public Works to complete the preliminary design and cost estimates for the shOltened TAP line
and pumping facilities; or, reject this proposal.
Staff Recommendation:
G:\pub-wrks\admin\PB Council\water issues\CC Emergency TAP Supply Options 7Feb06.doc
2
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Complete the preliminary design of this proposal and build the connection in Creel Road this fiscal
year. Through a consulting engineer complete the final design of the proposed facilities within the
next fiscal year and advertise for construction in FY 2007-2008.
Potential Motions:
Table the item for further study.
Approve concept and authorize staff to move forward with preliminary design and estimates.
Attachments:
Design concept drawing on aerial photo.
G:\pub-wrks\admin\PB Council\water issues\CC Emergency TAP Supply Options 7Feb06.doc
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DOCUMENTS SUBMITTED AT THI
FEBRUARY 21, 2006
CITY COUNCIL MEETING
Dear City Council Members:
There are many arguments that haue been giuen for support of a moratorium
on energy costs for the disaduantaged. I do not haue anything furtlrier to add
to the specific arguments, as most points haue been uery well presented.
I nstead I would ask: Council members, as well as all of us here, to l:onsider
the well k:nown phrase, "But by the grace of God go I". We liue in
challenging times, and nothing is for sure. We may feel reasonable secure in
our daily liues, but it should be always tempered with compassion for those
less fortunate, as the tides can always change.
la closing let me speak: about Rshland as a family. I t is the whole (llf the
people, that mak:e Rshland the town that it is, for both the rich and the poor
equally contribute to it's personality. Rnd to deny those less fortunate who
are members of the Rshland family, is to create an Rshland that is less than
it's full potential.
Thank: you for your time and consideration in this matter.
~. ;-7 . .- ~
c::!:3 / L- '- ~ A v,q.,'Zo
Bill Sauard, RN
Boardmember, Jack:son County Fuel Committee
JACKSON COUNTY WORKERS BENEFIT COUNCIL
Presentation delivered by Jose Reyes
Hello, my name is Jose R. I am here tonight on behalf of the Jackson County
Workers Benefit Council to express our support of the resolution introduced by Jackson
County Fuel Committee calling for a moratorium on utility shutoffs.
I would first like to thank Mr. Jones for his efforts on behalf of all people living in
sub-standard, some might say 'sub-human,' conditions in our community.
The Jackson County Workers Benefit Council is a body of delegates that represent
the interest of various grouping oflow-income and seasonal workers in Jackson County.
The JCWBC was formed in 1976. One of the responsibilities of the WBC is to oversee the
delivery of resources through Northwest Seasonal Worker's Association's self-help 11
point benefit program. In 1978 the Workers Benefit Council authorized the formation of
Jackson County Fuel Committee as many NSW A members then, as now, were faced with
the choice of heating their homes or feeding their families. NSW A initially provided
firewood through a supplemental benefit but the need became too great and required the
building of a separate organization. Thus Jackson County Fuel Committee came into being
through NSW A members joining with other concerned community residents that would
work year round to fight for peoples' right to heat versus a privilege. JCFC eVtmtually
expanded its benefit program to include utility advocacy for families facing an electrical or
natural gas shutoff as well as home weatherization projects.
JCFC became a leading example of a community grassroots organization helping
the most vulnerable members of the community survive during the winter whieh includes,
but is not limited to, the poor and the elderly. We know that JCFC saves an aV1erage of six
lives a year.
The Workers Benefit Council meets every week to discuss the common issues we
face as workers who are traditionally not covered or recognized by the labor laws. We
discuss real solutions to the problems all workers face in our valley. Our coundl is
comprised of many different people from various social, religious and ethnic backgrounds;
however, we share one thing in common - we all face economic hardships dm: to low
paying jobs. Jobs that only provide a minimum wage not a living wage with fc~w or no
benefits at all.
For thirty years, our council has been fighting alongside like-minded individuals to
help working people not only have a voice in the community, but to also gain access to real
and necessary resources like emergency food, clothing, legal assistance, and medical
attention, through organizations like the Northwest Seasonal Workers Association, who
have been a life line to thousands in our community including NSW A's members that now
number upwards of thirty thousand in our county alone. Thirty thousand that have
supported and been part of working for solutions to the many problems we face and that
knowing individually our power and resources are limited but together our ability to
survive and organize the resources we need to survive are attainable.
Conditions:
The conditions many of our council members and their constituencies face are
deplorable. We have reports of hard working people who can only afford to have their
heater on for an hour a day and even then they can only heat one room in the house while
the extremities of the house are, as one council member put it, "like walking outside."
When we have families who can only afford to heat one room at a time as a result
of their economic conditions, dear friends, something is seriously wrong. The richest
country on the planet has a large portion of the population living as if this was a third world
nation. If you cannot believe this, I ask that you accompany us on a house to house canvass
to see first hand the horrible realities that a majority of our members face on a daily basis.
The truth is that most older run down homes and apartment complexes do not
provide much in the way of insulation and weatherization.
When a working person enjoys the "luxury" of keeping the heat on during the
winter months, most of the heat escapes outside, leaving our people, along with their
children, in the cold and facing huge bills they cannot afford to pay.
The most vulnerable citizens in our community live in rented housing. Weather
proofing programs are only available to homeowners and even then, those homeowners
have to payout of pocket to contractors with only tax credits or rebates to offs(~t the costs
of weatherizing.
In our valley, children and the elderly are getting sick due to the lack of heat and
proper nutrition because of the amount of money going toward utilities to keep the heat on
cuts deeply into what is available in the family budget for food and other survival needs.
And how can I fail to mention our members living in the rural areas. When their
electricity is shut off, their wells which are run by electric pumps, are rendered useless and
then not only is the electricity gone but their source of water is cut off, leaving unsanitary
conditions that no one should be allowed to live under in this day and age.
I do not think that anyone in our community can debate the fact that good paying
manufacturing jobs are leaving and are being replaced by low-paying, part tiffil~ and
temporary jobs in the service and retail industry - a disturbing trend, to say the least. So it
is no wonder that people cannot make ends meet.
Statistics:
I would also like to present some sobering statistics for all of you to think about
when making the ruling on JCFC's proposed moratorium. According to the Oregonian,
one out of five or about 700,000 people in Oregon can no longer make ends meet. The
$20,000 to $39,000 median wage for a year for a family of four just is not lenough.
Economic conditions in Oregon are more severe then other states because wages are rising
slower then the cost of living. Nearly half of Oregon renters pay more then a 1/3 of
their income for housing, the third highest in the nation.
Furthermore, cuts in the Oregon Health Plan and surging health care costs have
pushed the number of uninsured Oregonians to more then 609,000 or one in six in the
population - the steepest in the nation. We now have double the number of Oregonians
receiving food stamps compared to six years ago.
The reality is that the Oregon economy has shifted toward low-wage industries and
at least half the jobs lost in Oregon have been in high wage industries like manufacturing,
logging, and fishing. Jobs that before allowed working class Oregonians to earn a stable
living.
Now, I must turn our attention to heating cost statistics even though Mr. Jones has
done a superb job of informing the public on the cold economic facts we all face. Between
2001 and 2005 gas bills in the northwest have risen 53%. PGE bills have risen 39%,
not to mention heating oil bills which have risen an outrageous 93%. Low-income
families now spend 10-30% of their income on energy bills.
Ladies and gentleman, there is a war going on and I am not speaking of the ones in
Iraq or Afghanistan, but the war on the poor and impoverished right here in front of us.
Seen, but often ignored.
We have no problem when companies make profit, but when it is at the expense of
our citizens we must draw the line. I ask how many lives will companies endanger in the
name of profit before they realize they are killing our brothers, sisters, mothers, fathers and
children Or perhaps, they will care when it starts cutting into their profits, who can say for
sure?
In conclusion, I would like to say that I have not even scratched the surface of the
amount of suffering caused by poor economic conditions in our area. It certainly in no way
does the suffering masses of people justice.
It is the duty of all in a leadership position to ensure the well-being of the most
economically unstable people in our community. At this point, I am sure that given the
facts, who can possibly be against such a humane and just policy?
It is the position of the Workers Benefit Council and anyone who has a sense of
justice and humanity, that this moratorium be enacted. We, also, must make abundantly
clear here that until the average worker makes a living wage none of us are safi~
economically. We working people are the motor that makes our economy work and if we
have more money in our pockets, it not only benefits us, but the community as a whole.
I also want to remind the community that when I speak these words I do not speak
alone. I speak for close to thirty thousand low-paid workers throughout our county.
Workers whose very survival is dependant on our willingness to help one another through
economic difficulties. Some may ask why there are so little accompanying me tonight,
well, we must remember that when living paycheck to paycheck even missing one day of
work can be disastrous to a family living with the realities of low incomes.
We speak from a sensuous experience, watching our families suffer year after year
from something beyond our control.
So, with that I am honored and humbled to be chosen to speak these words on
behalf of the Jackson County Workers Benefit Council who not only support this
moratorium, given our historical ties with the Jackson County Fuel Committet:, but we feel
it is our sacred and moral duty to support them in supplying the poor with extra protection
given the economic conditions over which they have no control. I would, at this time, like
to express my thanks to the Ashland City Council for giving us the time to express our
position on this matter and to ask YOU to support this very necessary moratoflum.
Thank you.
PRESENTATION BY RANDY JONES, OPERATIONS MANAGER,
JACKSON COUNTY FUEL COMMITTEE delivered on Tuesday,
February 21, 2006 regarding resolution for adoption by ASHLAND CITY
COUNCIL to establish a WINTER MORATORIUM on utility shut-otIs.
Hello and good evening. My name is Randy Jones. I am the Operations
Manager for Jackson County Fuel Committee, an all-volunteer, non-government
funded, membership association comprised of the many people in the Rogue
Valley who believe that low-paid workers, and those who are elderly, retired or
disabled living on fixed incomes, need to have access to the necessities of life and
be free of the totally avoidable suffering caused by those who would gouge them
for their meager but hard-earned money.
Since 1978, business people, students, housewives, doctors, lawyers,
clergy and other concerned residents have joined JCFC in an effort to prevent
anyone from having to choose between heating their home or feeding their family
or paying for their medications. We hold a common belief that heat in one's
home is a basic right, not a privilege, because it is essential for survival itself
during the winter months. Lack of adequate heating and unsafe heating methods
take the lives of countless residents of this community every year.
Jackson County Fuel Committee volunteers have, through their efforts,
been able to save statistically at least six lives each heating season due to the
advocacy and firewood distributions done by our volunteers.
Our delegation is here tonight to call on the Ashland City Council
members to fulfill their duty and responsibility to use your jurisdictional power
and pass a resolution that benefits the economic and thereby the physical health of
working people in the community and the small businesses that serve them.
At a time when the costs of natural gas, heating oil; and electricity have
been escalating, ratepayers, especially those who are least able to meet their own
basic survival needs, are being forced to go without food, without medical care,
without heat or electricity.
1
This past year the cost of energy in all forms - gasoline, heating oil,
natural gas, propane and electricity - has escalated to record levels. The high cost
of fuel, in turn, drives the cost of everyday survival needs including food,
clothing, transportation, and medical care to new highs. This is already forcing the
vast majority of low-income families to go without these basics, to be forced into
overcrowded and uE-healthy conditions if they can manage to keep even one. room
heated. Despite taking a second or third job - often part-time - many people still
cannot afford the current costs of utilities.
The per capita income for the city of Ashland is $21,292. "19.6 % of
the population and 13.5% of families are below the poverty line. Out of a
total population, 22 % of those under the age of 18 and 8.5% of those 65 and
older are living below the poverty line. 11.7% of the households in Ashland
have a single female head of household.
Nearly half of Oregon renters pay more than a third of their income for
housing, the third highest percentage in the nation.
According to federal data collected in 2002, families in the northwest
spend 6 percent oftheir income on heating costs. However, low-income families
generally payout 10 to 30 % of their household budget to stay warm.
More than 70,000 Oregon households live with incomes at or below
50% of the federal poverty level, and face a home energy cost equaling 36%
of their income or more. According to a recent study, just to keep a family of
four warm and secure in their home, the average expense for utilities was $2,350 a
year in 2004, and that was before the current rise in fuel and utility costs.
In 2004, over 12% of the energy assistance recipients went without food
to pay their home-heating bill. More than one-in-five are forced to go without
medical care to pay for their heating bill. Almost 30% of them did not pay other
household bills because they had no money for them.
While some low-income households incur debt in order to pay both their
home heating bills and other basic necessities, others who cannot keep up incur
utility shutoffs.
2
The Oregon Housing and Community Service agency reported in the
2005 heating season that over 15,000 households were put on waiting lists for
energy assistance, but according to one Community Action Director, most of
them received no help from State, Federal or private assistance programs because
their agencies' funds were cut. The vast majority of these people either had a
shutoff notice or were already disconnected from their utility service
Oregon's economy has shifted toward lower-wage jobs, according to a
study last year by the Oregon Employment Department. At least half the jobs lost
during the recent recession were in high-wage industries, such as manufacturing.
Since the recession, most of the new jobs have emerged in low-wage industries,
such as service and temporary employment agencies.
Presently little recourse exists for someone who cannot afford out-of-reach
utility costs. There is no moratorium on shutoffs for the low-income in the state of
Oregon based on financial eligibility alone, at any time of year - including winter.
Low-income households are being denied any alternative to utility shutoffs.
We hereby petition the Ashland City Council to implement
and enforce a "Winter Moratorium" from November Ct through
March 31 st of each year. The moratorium will prohibit the City of
Ashland Utility Department from terminating, disconnecting or
shutting off the electricity of any individual or household whose
income is at or below 2000/0 of the federal poverty level. In
addition the moratorium will include a provision that any
customer terminated prior to, or after the Winter Moratorium
due to economic inability, would be granted a waiver of any and
all reconnection fees for those ratepayers at or below 2000!., the
-
poverty line.
I will now read the formal resolution into the record of this meeting.
Thank you.
3
JACKSON COUNTY FUEL COMMITTEE RESOLUTION SUBMITTED
FOR ADOPTION BY ASHLAND CITY COUNCIL FEBRUARY 21, 2006:
Whereas at a time when the cost of living, including the costs of electricity have
been escalating, ratepayers, especially those who are least able to meet
their basic survival needs, are many times being forced to go without food,
medical care, heat or electricity just to avoid eviction or utility shut off,
Whereas presently little recourse exists for Ashland residents who cannot afford
out-of-reach utility costs. During the winter, the Ashland Utility
Department offers low-income, elderly and disabled households no
alternative to utility shutoffs if they are unable to pay their bill in full.
City and state energy assistance programs have proven inadequate to meet
the totality of need that exists for low-income and disabled residents,
Whereas Ashland City Council members have as their duty and responsibility to
make and implement policies that benefit the economic and thereby the
physical health of working people in the community and small businesses
they serve,
We, the residents and citizens of the City of Ashland and Jackson County,
hereby petition the Ashland City Council to implement and enforce a
"Winter Moratorium" from November 1 st through March 31 st of each year.
The Winter Moratorium will prohibit the City of Ashland Utility
Department from terminating, disconnecting or shutting off the electricity
of any individual or household whose income is at or below 200% of the
federal poverty level. In addition, the Winter Moratorium will include a
provision that customers terminated prior to or after the Winter
Moratorium period would be granted a waiver of any and all reconnection
fees for those ratepayers whose income fall at or below 200% of federal
~
the poverty level.