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HomeMy WebLinkAbout2007-0220 Council Mtg Packet CITY Of ASHLAND Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing, which has been closed. The Public Forum is the time to speak on any subject not on the printed agenda. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amQunt of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 20, 2007 Civic Center Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes] /1. Regular Council meeting minutes of February 6, 2007 j 2. Regular Council meeting minutes of February 7,2007 (continued from February 6) VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of the week of February 26 - March 4 as "Peace Corps Week" [5 minutes] 2. Mayor's Proclamation of the week of March 5 - 11 as "Multiple Sclerosis Awareness Week 2007" [5 minutes] VII. CONSENT AGENDA [5 minutes] @ Minutes of Boards, Commissions, and Committees . Rio Communications Internet Service Provider Contract Approval Liquor License Application - Wild Wines 4. Approval of Public Contract greater than $75,000 for Municipal Audit Services VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 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. Capital Improvement Plan Program (CIP) and Long Range Financing [1 hour] COUNClL ivUT:rINGS ARE BROADCAST liVE: ON CJIANNEL. 9 VISlffllE C'ITV OF A~HL\ND'S \VIJ3 SITE AT WWW.ASHlANLHJR.LS IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Approval of City Charter Ballot Measure [15 minutes] 2. Discussion of Interim Library Funding Option [20 Minutes] 3. Decision on North Ashland Bike Path Funding [20 Minutes] 4. Mt Ashland discussion and follow-up [20 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. Designate of Elected Official Liaison to ICLEI [5 Minutes] 2. Comment on Jackson County Ordinance on Destination Resorts [15 Minutes] XII. ORDINANCES RESOLUTIONS AND CONTRACTS V1. First Reading of Resolution . led "A Resolution Authorizing Signatures, Including Facimile Signatu mg Services on Behalf of the City of Ashland" /2. First Reading a Resolutio led "A Resolution of the City of Ashland, Oregon, Declaring Ottic urse Expenditures" j 3. First Reading f a Resolution Ti d "A Resolution Setting a Public Hearing with Intent to Form a Loca en District for Construction of Improvements to Schofield and Monte Vista Streets Consisting of Sidewalks, Curbs & Gutters, Paving, Drainage and Associated Improvements." 4. First Reading by title only of an Ordinance Titled "An Ordinance Amending AMC ;:S.Ul::S.U20 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (ITY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). ----- COUNCJL MF:ETINC;S ARF~ BJzOADC';\ST' LIVE C}N (LIANNE!. 9 VISl1 THE ('11'1' OF ASHLANIYS WLF{ SrI L ;\ r WWvV.ASHLANDJm.US ASH LA ND CITY COUNCf L iH EETlNG FEBRUARY 6.2007 PAGE J 0(9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 6, 2007 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 Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison noted the annual appointment process is coming up and encouraged those interested in serving on any city board, commission, or committee to submit an application to the City:Recorder's Office. APPROVAL OF MINUTES .IThe minutes of the Executive Session meeting of January 16, 2007 and the Regular Council meeting of January 16, 2007 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Confirmation of Appointment of the Police Chief. 3. Approval of Public Contract for a Term Exceeding Two Years - Multifunction Business Machine Lease. 4. Council Liaisons 2007. 5. Appointment of Judge Pro Tern. 6. Approval of a Common Boundary Line. 7. Termination of Easement at 829 North Main Street. 8. Acceptance of a Public Utility Easement at 150 Lithia Way. 9. Internet Bandwidth Contract Approval. 10. Mid-Year Financial Report: July- December 2006. 11. Approval of Public Contract for Transformer Disposal Services. 12. Acceptance of Deed of Dedication. 13. Approval for Ashland to Continue in Lawsuit. Councilor Navickas requested item #4 be pulled for clarification. Mayor Morrison clarified that according to the Chamber of Commerce bylaws, the Mayor is required to sit on the Chamber of Commerce Board. Mayor Morrison pulled item #5 for public testimony. Councilor Hartzell/Silbiger m/s to approve Consent Agenda Items #1-#4 and #6-13. V oice Vote: all AYES. Motion approved. Art Bullock/Spoke regarding the appointment of Judge Pro Tern. He asked the Council to consider the implications of Mr. Dresher campaigning for newly elected Judge Turner and Judge Turner's request that he be appointed as the Judge Pro Tern. He stated that it would be more appropriate to appoint a Pro Tern who was not the City's former judge. Mr. Bullock also recommended all Pro Tern Judges take the oath of office. '" r ASHLAND CITY COUNCIL ItfEETING FEBRUARY 6, 20IJ7 PACE;: 0(9 Mayor Morrison clarified this is his appointment, not Judge Turner's. He stated Mr. Dresher is an appropriate selection to serve as Judge Pro Tern and asked that the Council confirm his appointment. Mayor Morrison agreed the oath of office should be taken by the judge pro tern. City Attorney Mike Franell commented on the ethics issue raised by Mr. Bullock. He noted that the appointment is made by the Mayor and gave his opinion that there has been no violation of state code. Councilor Silbiger/Chapman mls to approve Consent Agenda Item #5. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Request for Approval of Fee and Policy Recommendations. Parks and Recreation Superintendent Rachel Tiege stated as part of the 2005-06 Parks and Recreation Commission goals, a review of the fees and policies for all of the indoor and outdoor facilities was defined as part of the budget process. The facilities included in the study were the Community Center, Pioneer Hall, The Grove, Hunter Park Senior Center, all sports fields, and Lithia Park. Ms. Tiege explained after comparing revenues and expenditures, it was determined the cost recovery on the facilities is just over 17%. She noted the Parks and Recreation Commission held several meetings to discuss this issue and all current and past facility users were invited to attend and share feedback. The main concerns discussed by the Commission were: 1) the "grandfathered groups", which are groups defined as having free use of the facilities based on donations of the buildings to the City, and 2) the grandfathered group Ashland Community Folk Dancers, who currently pay a long term user fee and are given exclusive use of the Community Center building every Friday evening. Ms. Tiege clarified the grandfathered groups can only be "bumped" for another public event six times a year, and there are no bumping rights for private events such as weddings or private parties. She stated that during certain times of the year, there are often users that would like to use the Community Center on a Friday evening, but because of the current process that is not possible. Ms. Tiege listed the following recommendations, which were approved by the Parks and Recreation Commission: 1) Recommended fee increases that will recover 31 % of the costs associated with operating and maintaining all facilities, 2) Recommended that all users of facilities that have historically used the facility for free continue to be able to do so, 3) Recommended that the Ashland Folk Dancers continue to receive the long term user rate and that the Parks and Recreation Department staff have the ability to move the folk dancers to another facility at their discretion based on other reservations at the Community Center, 4) Recommended the implementation of the new fee and policy schedule to begin on July 1, 2007, and 5) Complete an annual review of all facility fees and adjust rates as needed. Ms. Tiege noted that the packets materials included the proposed rates and clarified certain areas of Lit hi a Park are reservable sites. Parks and Recreation Director Don Robertson clarified the facilities focused on at this time were the structures owned by the City. He stated the City golf course and clubhouse are owned by the Parks Department and are handled separately. He added that a review of the golf daily rates and annual pass rates were completed last year and adjustments were made accordingly. Public Hearinl! Open: 7:18 p.m. J an W aitt/14 7 Manzanita Street/Stated the Ashland Folk Dancers are one of the groups that make Ashland a ASHLAND CITY COUNCIL AfEETING FEBRUARY 6, 20m PAGF; 3 0(9 unique and interesting place to live and visit. She stated they attract regular dancers from a wide area, occasionally offer workshops, and dance nights that draw people from an even wider segment of the community. Ms. Waitt stated that folk dancing is a tourist attraction and explained that volunteers do all the programming and teaching. She stated the Folk Dancers have danced in the Community Center every Friday night for 35 years and stated this is a tradition they want to keep going. Mary Cretney/1500 Left Ford Humbug Creek Road, Applegate/Stated she comes to Ashland every Friday night to folk dance and spoke to the value of dancing in the Community Center. Ms. Cretney stated the Community Center has a wonderful floor for dancing, it is the right size for their group, and provides acoustics that work well with their equipment. She stated the Community Center has a warm atmosphere that draws visitors in and having their events in the Community Center provides a needed consistency. Matt Ross/207 ~ North Pine Road, Phoenix/Commented on the problems with being "bumped." He stated moving to Pioneer Hall has worked fine as long as they post a sign, but moving further out would mean complete invisibility. Mr. Ross stated moving locations requires a change in advertising and extensive phone contact to alert regular attendees and this doesn't take into account the irregular people who attend. He stated being bumped tends to lower their attendance and stated the floor of Pioneer Hall is much harder to dance on and reduces participation. He stated moving their equipment can also be difficult and asked the Council for their continued support. Arthur Clemons/175 California Street/Commented on the policy that was adopted 20 years ago which recognizes their need for continuity but also provides flexibility to the Parks Department to bump them for special events. He voiced his concern with being bumped for private events and stated that giving priority to a private or a commercial event violates the spirit in which these properties were originally acquired. Brent Thompson/582 Allison Street/Agreed with the previous speakers and stated moving the group to another location would weaken it, if not destroy it. He recommended they come to an agreement in the spirit of what was decided 20 years ago and noted the group can already be moved up to six times a year and asked that the Council continue this policy. Joyce Epstein/l094 Linda Avenue/Submitted written comments into the record stating the Folk Dancers should be allowed to remain at the Community Center. Public Hearin2 Closed: 7:34 p.m. Rachel Tiege and Parks and Recreation Commissioner Joanne Eggers were made available for Council questions. Ms. Tiege stated that staff did meet with the Folk Dancers to reach a compromise; however, the Folk Dancers did not want to cooperate with the Parks Department since the agreement is between them and the City. Comment was made questioning if Transient Occupancy Tax funds could be made available to the Folk Dancers if they are actively promoting tourism. Administrative Services Director Lee Tuneberg noted that the Council is scheduled to discuss the state's definition of tourism later tonight. He added if the Folk Dancers are drawing people from more than 50 miles away or are staying overnight in Ashland, this could qualify as an expenditure of TOT revenues. Ms. Eggers commented on the Parks and Recreation Commission's dilemma on needing to recoup some ofthe money spend on the facilities, but also understanding the Folk Dancers need for consistency. She stated a suggestion was put forth to offer the group The Grove facility, but the Folk Dancers want to stay at the ASHLAND CITY COUNCIL lv/EETlNC; FEBRUARY 6, 20(}7 PAGE 4 0(9 Community Center. Councilor Hartzell/Chapman m/s to adopt the recommendations from Parks and Recreation Commission on the fees and policy schedule. DISCUSSION: Councilor Navickas stated the Community Center was a gift and stated the City should do everything they can to protect the Folk Dancers use of this space. Councilor Navickas motioned to amend motion to allocate Transient Occupancy Tax funds to compensate the Folk Dancers for their use of that space. Motion died due to lack of second. DISCUSSION (Cont.): Councilor Jackson voiced her support for the motion and encouraged the Parks and Recreation Department and the Folk Dancers to continue to work towards a compromise. Councilor Hartzell commented on some of the frustration felt by the other groups in the community that there is a monopoly of the Friday night use of the Community Center. She recommended some give and take between Parks and the Folk Dancers. Roll Call Vote: Councilor Hartzell, Jackson, Hardesty, Chapman, and Silbiger, YES. Councilor Navickas, NO. Motion passed 5-1. PUBLIC FORUM Brent Thompson/582 Allison Street/Stated he is President of Friends of Jackson County and commented on the article published in the Daily Tidings titled "LUBA ruling puts County's rural use zoning bid on hold". Mr. Thompson gave a brief history of this issue and noted the Jackson County Planning Commission's recommendation of a 20-acre minimum sized partition has been cut down to a 10-acre minimum. Mr. Thompson requested the City stay involved with this issue and noted the need for water inventories. John Jory/188 Sunnyview Street/Suggested that Ashland require restaurants and other food service establishments to prominently post a rating of the Jackson County Health Department inspections. Mr. Jory noted other cities that do this and stated food related problems have become a nationwide issue. Mr. Jory recommended that a law be passed that mandates restaurant health inspection reports to be given to the City Administrator and that an "A", "B", or "C" rating be posted in the window ofthe establishment. Philip Lang/758 B Street/Commented on the City Attorney as a resource, not a decision maker or a "yes man". Mr. Lang suggested the Council not use the new City Attorney as an enforcer, but to enlighten and inform the Council's choices and decisions. Mr. Lang also commented on the irritation, boredom and dismissiveness he witnessed at the last council meeting and suggested they work on having a more positive and productive, issues-oriented process in the future. Art Bullock/Spoke regarding the new Study Session process and voiced his concerns with discussing the council agenda the day before the meeting. Mayor Morrison responded to Mr. Bullock's concerns and clarified Council publicly announced their questions at the Study Session and enabled staff to be prepared for the regular meeting. He stated the goal if efficiency and stated this was an attempt to correct the recent trend of Council not completing the items on their meeting agenda. Mayor Morrison stated this process was a step in the right direction and noted the Council will continue to refine the process. Susan Fuller/Central Point/Commented on the anti-tethering ordinance and noted her involvement with purebred dogs. Ms. Fuller expressed her concern with the effect this ordinance would have and noted there are already state regulations to this effect. She stated when done correctly, tethering does not have an adverse affect on dogs and requested the Council vote against the anti-tethering ordinance. ASHLAND CITY COUNCIL A1EET/NG FEBRUARY 6,2007 PAGE 5 of'9 Linda Watson/Allocated her time to Kathy Ettinger. Kathy Ettinger/1584 Jasmine Avenue, Medford/Noted she had submitted the Cornell University Tethering Study to the Council. Ms. Ettinger gave an example of a law that worked well for Monroe County, Florida and stated that this bill spells out what a proper tethering method is. She suggested this law would be easier to enforce than the California tethering bill and stated she strongly opposes the California bill. Ms. Ettinger claimed the writer of the Ashland anti-tethering ordinance was a member of People for the Ethical Treatment of Animals (PET A) and the Humane Society of the United Stated (HSUS) and stated the goals of these organizations are to eliminate human contact with animals. She stated the individuals who spoke against the proposed ordinance at the January 2 public hearing were dog fanciers, not dog breeders, and clarified both of the Virginia tethering bills were defeated. Mary Anne Peterson/Jacksonville/Allocated her time to Barbara Roone. Barbara Roone/Medford/Stated she is a member of the American Whippet Club and noted she is the Whippet rescue and placement representative for Southern Oregon. She stated that in 12 years she has been contacted only three times, which speaks to the responsible dog breeders in Southern Oregon. Ms. Roone commented on the activities of the Southern Oregon Kennel Club and stated across the United States, PETA and HSUS are attempting to curb the ability for people to have and enjoy the comfort of animals. She stated the Rogue Valley does not need further laws governing the interaction between animals and owners and recommended better enforcement of the laws already in existence. Ms. Roone encouraged the Council to vote 'No' on the tethering proposal. Mary Anderson/Stated she is not a breeder but supports animal welfare and people's rights. Ms. Anderson claimed some individuals take isolated examples of animal abuse and insinuate this is how all pet owners treat their animals. She stated that according to a study done by Cornell University, there was a slight difference in behavior of tethered or penned dogs and explained penned dogs were more prone to pace, jump and bark, while tethered dogs typically spend their time laying down and sleeping. Ms. Anderson stated a tethering ordinance would cause much hardship, not just on the pet owners, but especially on the City of Ashland trying to enforce it, and stated that education would do more to protect animal welfare. Ambuja Rosen/Stated she is not a member of any animal group and clarified the reference to the Southern Oregon Breeding Club was an error. Ms. Rosen recommended the tethering law include a provision that between November 1 and March 1, and anytime the temperature falls below 500, unheated doghouses and other animal shelters shall have clean, dry bedding. She stated elderly and arthritic animals often get stiff, painful joints from the cold and recommended the bedding be quick drying and non-absorbent. Michael Dawkins/646 E. Main Street/Commented on his family ties to Mt. Ashland and noted the devastating flood that occurred in 1964. Mr. Dawkins commented on the ruts and dirt he observed after this flood, but noted the trees had diverted the water as it flowed down the hill. He stated that Mt. Ashland has an ill-conceived plan to chop down the trees so that there would be a direct flow down to the Middle Fork. Mr. Dawkins stated the ski area is a great amenity for all of Southern Oregon, but it is also Ashland's water. Councilor Hartzell requested the issue regarding noticing of health inspections be added to the agenda under 'Other Business from Council Members' if time permits. UNFINISHED BUSINESS 1. Approval of City Charter Ballot Measure. Management Analyst Ann Seltzer requested Council review the ballot measure language and give their final approval for the language on the May 2007 ballot. Ms. Seltzer noted the following corrections to the revised ASHLAND CITY COUNCIL ;tfEETfNG FEBRUARY 6,2007 PAGE 6 0(9 charter: 1) Page 6, Section 34( e )(3), should read "Commit to jailor admit to bail anyone accused of an offense", 2) The subsections of Section 34 and labeled incorrectly and should read "a-f' 3) Page 7, Section 34(g), the third line down, "District Court" should be corrected to read "Justice Court". Comment was made questioning if there is room in the explanatory statement to include reference to the distinctive aspects of Ashland that have been retained in the revised Charter. City Attorney Mike Franell clarified the explanatory statements are limited to 500 words. Ms. Seltzer stated staff would make some edits to the statement and bring it back for final review and approval. Councilor Jackson suggested the following change to the revised charter explanatory statement: Second page, first paragraph, "The council decided that the form of government question should be referred to the voters, and that the other two should not be changed." Councilor Hartzell suggested the explanatory statement focus on the serious issues that came up during the review. She stated the substance appears to be missing and recommended the language include what has changed in the revised charter and what has remained and why. Mayor Morrison agreed that the language is not as succinct as it could be. Councilor Hartzell formally requested that staff go back and revise the explanatory statement so it less tells a story about the committee, and focuses more on what the voters are being asked to approve and how it is different from the existing charter. Art Bullock/Stated throughout the charter process there have been many changes in the powers of City government that have been shortchanged in the public explanation. He gave his opinion that the ballot title, ballot language, and explanatory statement are inappropriate. Mr. Bullock recommended the language specifically state what powers the City will have that it does not have now. He recommended the ballot language be changed so that the people understand exactly what they are voting on. City Administrator Martha Bennett clarified staff would revise the explanatory statements to reflect more of the substance and less of the process. She recommended the Council review the materials prior to their next meeting and submit any concerns that are editorial in nature to staff prior to the meeting. It was noted that the document also needed to be proofread for typographical errors. Staff was requested to provide the language a little more in advance so there is adequate time for review by the council. Councilor Hartzell suggested a final correction and recommended the question for the city manager item be revised to read "...Mayor as chief executive officer to City AdministratorlManager as chief executive officer..." 2. Discussion of Transient Occupancy Tax Use. City Administer Martha Bennett noted she had emailed the Council the state statutes that apply and provided a brief history ofthe state law. She noted the compromise that took place in 2003, which was where the City retained the current proportion of money it was collecting. She added the preemption only applies to increases in the tax and stated it creates a significant disincentive to increase the tax unless it can be easily dedicated to tourism. Ms. Bennett clarified the activities under 7(a-d) are more extensive than the City applied them back when it did the split. She stated more activities are done locally, particularly by the Chamber of Commerce that would qualify under 7(a). Mayor Morrison noted the options presented to the Council. ," T ASHLAND CITY COUNCIL AfEETIiVG FEBRUARY 6,2007 PAGE 70(9 Councilor Navickas noted the higher tax rates in Medford and Portland and suggesting raising the tax could generate revenue that could be put towards sustaining the library. Councilor Hartzell voiced support for a 1 % increase and suggested the City look at refining the granting system. She stated minor adjustments could be made so the City attracts grants specifically for tourism related activities that qualifY under the state's definition. Councilor Hardesty stated Portland, San Francisco and Seattle all have higher tax rates than Ashland and noted many of Ashland's visitors come from these areas. She suggested the visitors would not oppose a small increase and suggested the City consider holding an annual arts or poetry festival for use of the funds. Councilor Hardesty/N avickas m/s for the City of Ashland to raise the Transient Occupancy Tax to 9%. DISCUSSION: Councilor Silbiger clarified this would actually increase the tax to 10%, since the state taxes an additional 1 %. City Administrator Martha Bennett clarified if the motion passes, staff will schedule a public hearing and bring back a resolution for adoption. Mayor Morrison noted the need for a strategy on how the extra monies would be used. Councilor Silbiger voiced his concerns and noted that the Council had previously discussed not being as dependent on tourism. Councilor Navickas stated ifthey do not increase the TOT, it will place more pressure on property taxes and rates and fees when they look at funding the library. Councilor Jackson shared her concerns and noted this increase would only generate $130,000 that could be used towards to library. She noted the initial reason this issue came up was because the resolution is expiring and stated she is not ready to make a decision on whether to raise the tax at this time. Mayor Morrison agreed that the motion may be premature and suggested Council direct staff to come back with a revised resolution. Councilor Hardesty/Navickas withdrew motion. Councilor Chapman requested that a revised motion not include a specific percentage. Councilor Hardesty/Navickas m/s for Council to consider raising the Transient Occupancy Tax and to have a discussion of this within the next two months. Councilor Navickas/Hartzell m/s to amend motion to include Council consider other staff recommendations related to reallocating funds. Roll Call Vote: Councilor Jackson, Hartzell, Silbiger, Chapman, Hardesty and Navickas, YES. Motion passed. Roll Call Vote on Amended Motion: Councilor Jackson, Hartzell, Silbiger, Chapman, Hardesty and Navickas, YES. Motion passed. 3. Discussion of Interim Library Funding Options. City Administrator Martha Bennett stated at the last meeting, Council directed staff to investigate how the City might potentially put a measure on the May ballot so that the City could generate revenue to keep the Ashland public library open, in the event the County doesn't find additional funding. Ms. Bennett noted the options presented to Council and clarified using Food & Beverage Tax dollars would not be an efficient use of funds since doing this would incur $1.3M in interest. She also clarified that staff did look at a sales tax option; however, this is a regressive tax and would likely mobilize substantial community opposition. Ms. Bennett reminded the Council that there is a portion of the City's eligible property tax that has not been levied. She stated this amount, which is $.32/1,000 of assessed value, would generate $560,000 a year. She stated this would not require a double majority but recommended obtaining community consensus before levying this amount. She added there are a substantial amount of details that would need to be worked out with the County before the City could take over the library. ,- T ASHLAND CITY COUNCIL A4EETlNG FEBRUARY 6.2007 PAGE 8 0(9 Drew Bailey/455 N Laurel Street/Stated he is the Southern Oregon representative for the Oregon Lodging and Oregon Restaurant Association. Mr. Bailey encouraged the Council to not consider an extension or increase in the Food & Beverage Tax or room tax. He also voiced his opposition to any redirection of room tax dollars that does not promote tourism. He stated restaurant and lodging facilities pay their share for services to the community and placing more of a burden on this industry is not fair. Mr. Bailey encouraged the City to have dialogue with these business owners and recommended they find a more broad based approach. Robert Horton/1911 Crestview DriveN oiced his concern with the City's "go it alone" approach as well as the level of service that will be provided. He stated the City would need to be clear what the community will be paying for and recommended a sunset provision in the event the County steps in. Mr. Horton stated it would be a mistake to place this burden on the property tax payers and warned that the voters may not accept this. Ann Magill/77 Manzanita Street, #1/Stated she is a school librarian and volunteer at the Medford and Ashland libraries. Ms. Magill noted the importance on public libraries to students and commented that people passing through town also stop to visit the library. She urged the City to support a countywide levy rather than separating from the County's system. Ron Roth/6950 Old Hwy 99SN oiced support of the City stepping in to keep the library open and stated there is strong support in this community for the library. Mr. Roth suggested the property tax funds could be used as a stopgap and voiced his support for the imposition of a 1 % income tax. He commented on the option to borrow from the meals tax and stated this is not a good idea. Catherine Shaw/886 Oak Street/Stated the County has decided to place a $.66/1,000 property tax measure on the May ballot. She stated the City would have an inferior system if it had to "go it alone" and warned that placing a City option on the May ballot could become a competing measure to the County's solution. Ms. Shaw added that the City should have something ready in case the County's measure does not pass. She voiced her support for using the remainder of the allowable property tax and stated that the remainder of the funds could be made up by an electric utility fee. It was clarified that option two on the Options Chart should read 7-9% rather than 7-8%. Councilor Silbiger noted the importance for voters to get an opportunity to vote on this issue and stated he would not support anything at this point without voter approval. Councilor Navickas stated the voters have already given a mandate on this issue and noted it was supported by 70% at the last election. Councilor Navickas/Hartzell mls to maximize the tax base and to pursue other options for funding to compensate the difference. Councilor Hartzell/Hardesty mls to extend the meeting until 10:30 p.m. Voice Vote: all AYES. Motion passed. DISCUSSION: Councilor Hardesty voiced concern with raising utility fees to obtain the remainder of the funds. Councilor Jackson voiced support for utilizing the available property tax, but stated she is not willing to commit to the $.32 levy without knowing the budget impacts. Councilor Hartzell noted utilizing the $.32 levy would leave a difference of $5M for the City. Ms. Bennett clarified the City can levy the $.32/1 ,000 without voter approval. Mayor Morrison stated that it needs to be made clear that this is a stopgap solution and the priority should be to save the countywide system. Councilor Navickas noted the possibility of obtaining private contributions if the City goes it alone. Ms. Bennett noted the City could also consider charging a fee for out of town library users. Councilor Hartzell stated she would not support a surcharge and voiced support for finding ASHLAND CITY COUNCIL A/EETING FEBRUARY 6,2007 PAGE 90(9 the remainder of the funding in the City's budget. Councilor Silbiger voiced his concern with not knowing where the rest of the funding would come from. Recommendation was made for Council to ask staff to return in a few weeks with information on where the remainder of the money could come from in the budget. Councilor Hartzell/Navickas m/s to amend motion to ask staffto return in two weeks with alternatives for gaining additional monies in addition to the $.3211000. Roll Call Vote: Councilor Hardesty, Jackson, Navickas, Chapman, Hartzell and Silbiger, YES. Roll Call Vote on Amended Motion: Councilor Hardesty, Navickas, Hartzell and Silbiger, YES. Councilor Chapman and Jackson, NO. Motion passed 4-2. 4. Discussion of Annual Budget Process and Calendar. Item delayed due to time constraints. NEW AND MISCELLANEOUS BUSINESS 1. Federal Appropriations. Item delayed due to time constraints. 2. Ashland Fiber Network Five-Year Business Plan. Item delayed due to time constraints. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading of a Resolution Titled" A Resolution of the City of Ashland Authorizing an Interim Bond Financing Loan From the Special Public Works Fund By Entering into a Loan Contract with the Oregon Economic and Community Development Department for the Jefferson and Washington Street Improvements Project Number B06003." Adminsitrative Services Director Lee Tuneberg presented the staff report and noted this is the interim step that is needed to move forward. City Attorney Mike Franell clarified the City has asked for a full title report on the property to find out what, if anything, is against the property. Additionally, the City has asked for an appraisal ofthe property. Mr. Franell clarified the papers do need to be signed in order to have the opportunity to receive the loan, however they are not required to accept the money at this time. Councilor Jackson/Hartzell m/s to approve Resolution #2007-02. Roll Call Vote: Councilor Hartzell, Jackson, Navickas, Silbiger, Chapman and Hardesty, YES. Motion passed. 2. First Reading by title only of an Ordinance Titled" An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials." Item delayed due to time contraints. OTHER BUSINESS FROM COUNCIL MEMBERS (None) ADJOURNMENT Meeting was continued to Wednesday, February 7 at 1 :00 p.m. in the Civic Center Council Chambers. Barbara Christensen, City Recorder John W. Morrison, Mayor CiTY COUNCiL CONTiNUED MEETING FEBRUARY 7. ]007 PAGE I of3 MINUTES FOR THE CONTINUED MEETING ASHLAND CITY COUNCIL February 7, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the continued meeting to order at 1 :00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Navickas, Jackson, Silbiger and Chapman were present. Councilor Hartzell arrived at 1 :08 p.m. NEW AND MISCELLANEOUS BUSINESS 1. Federal Appropriations. Management Analyst Ann Seltzer presented the staff report and noted the challenge of receiving the request forms so close to the deadline. City Administrator Martha Bennett commented on the community partnerships for these high priority projects and stated there is no downside to submitting the same projects as last year. Councilor Hardesty suggested the Workforce Housing request is rewritten so it is targeted towards another "pot" of money, such as construction, which may be easier to acquire. Councilor Chapman questioned if it is appropriate to ask for funding for the railroad property clean up. Ms. Bennett stated that staff has not had the opportunity to cost out this project, but it could be placed on the list for next year. Ms. Seltzer noted the praise Ashland has received by our congressional delegation and stated they have used the Ashland United Front as an example of a community working together with multiple agencies toward common goals. She added another reason to submit the appropriation requests is to maintain continuity and to strengthen that bond. Councilor Navickas commented on the request for the Forest Resiliency Project and voiced his concerns with requesting these funds. He stated this project defines timber extraction as fire management and stated the City should not contribute to the continued abuse of policies by the Federal Government in our watershed and on public land. Councilor Jackson/Chapman mls to submit the four projects used last year. DISCUSSION: The four projects are the following: I) Land Purchase for Construction of Workforce Housing, 2) Railroad Crossing Safety Improvements, 3) Ashland Watershed Forest Resiliency Project, and 4) Evidence Based Research for High Risk Youth. Councilor Hardesty restated her suggestion to rewrite the Housing request to better the City's chances of receiving funding. Councilor Jackson/Silbiger mls to amend motion to include rewriting any ofthe proposals. DISCUSSION: Councilor Hardesty questioned if Councilor Navickas would support the Forest Resiliency Proj ect request if it were rewritten. Councilor Navickas stated there are funds allocated for the Forest Service to move forward with the NEP A and does not feel we need to contribute to this, as it is not in the City's best interest. It was requested that the federal appropriation information come to the Council earlier in the future so that they are given more time to refine the requests. Ms. Bennett clarified that City staff contacted congressional staff early in the process and were not told until last week that they would be accepting earmarks. Councilor Navickas stated he would not support the motion because it includes the Forest Resiliency Project and he believes it is the responsibility of the Forest Service to fund this work in the watershed. He added he does not support the City being involved with this heavy-handed extraction project. Roll Call Vote: Councilor Silbiger, Hardesty, Jackson, Chapman, Hartzell, YES. Councilor Navickas, NO. Motion passed 5-1. ~" T CITY COUNCiL CONTiNUED MEETiNG FEBRUARY 7.2007 PAGE 2 of3 Roll Call Vote on Amended Motion: Councilor Chapman, Silbiger, Hardesty, Jackson and Hartzell, YES. Councilor Navickas, NO. Motion passed 5-1. UNFINISHED BUSINESS 1. Discussion of Annual Budget Process and Calendar. Administrative Services Director Lee Tuneberg requested Council give direction as to which budget calendar to propose to the Budget Committee and requested they discuss the assumptions. He noted the information contained in the packet materials and gave examples of the different ways the budget process has occurred. Mr. Tuneberg stated staff has proposed two budget calendars, and explained the Budget Committee could meet on Saturdays, or meet at night each week throughout the process. He noted the Council Chambers is a highly utilized room and staff is finding it increasingly difficult to have access to the Chambers for night meetings. Council briefly discussed their preferences and consensus was reached to not have Saturday meetings. Mayor Morrison suggested the meetings start at 6 p.m. instead of 7 p.m. Mr. Tuneberg stated staff would restrict the meetings to three hours and staff would accommodate an earlier start time when possible. Suggestion was made for the Committee to have a debriefing and brainstorming session at the end of the process while it is still fresh in the member's minds. Mr. Tuneberg voiced his support for this suggestion. Mr. Tuneberg requested Council discuss the assumptions and guidelines listed in the staff memo. He questioned if Council preferred to cap revenues or cap expenses and provided an explanation of these two ways to create the budget. Mr. Tuneberg provided an explanation of how the City departments go about developing their budgets. He stated each department has different challenges in creating their budgets. If there is no good industry information such as with fuel than an assumption is used. It was also noted that there is an evaluation process to evaluate those assumptions. Councilor Silbiger commented that the biggest problem during last year's budget process was the way the "parking lot" items were handled. Councilor Hartzell commented on the need to have clear performance levels. City Administrator Martha Bennett agreed that the departments need to be better at provided the information in terms of service levels and stated that outcomes measure would held. Statement was made that Council needs to decide whether they want staff to return with a budget that is based on last years budget, plus x%, or whether they prefer staff prepare a budget that maintains a certain level of service. John Stromberg/252 Ridge Road and Randall Hopkins/735 S. Mountain A venue/Mr. Stromberg voiced his support for the work done by staff and the proposal; however he voiced confusion over staffs claim that the budget could not be based on both revenue assumptions and expense assumptions. He stated doing both is a feasible way to approach the budget and it would put the Budget Committee in a much more efficient process. Mr. Hopkins noted there is a provision in staffs assumptions that the baseline is prioritized for public health and safety. Councilor Hardesty voiced support for the baseline approach, however warned that this may raise taxes in order to avoid a cut in services. She stated this approach allows the Budget Committee to determine what is really needed and what the City can do without. Councilor Navickas noted the importance of bringing up the library issue in this discussion. He voiced his support for budget tightening and stated he does not want library to be funded through rate and fee increases. CITY COUNCIL CONTINUED MEETING FEBRUARY 7. ]007 PAGE 3013 Support was voiced for accepting staff s assumptions. Comment was made noting the tension that can arise between staff and the Council/Budget Committee and that they should approach this process with the highest regard for each other. Councilor Navickas/Jackson mls to accept the baseline budget proposal that looks at revenue tightening and to move with the night meeting budget calendar. Roll Call Vote: Councilor Hartzell, Hardesty, Jackson, Navickas, Chapman and Silbiger, YES. Motion passed. Councilor Hartzell left the meeting at 2:25 p.m. NEW AND MISCELLANEOUS BUSINESS (cont.) 2. Ashland Fiber Network Five-Year Business Plan. Information Technology Director Joe Franell provided a revised AFN 5-year business plan and reviewed the following revisions that were made: 1) Corrected 2006 Historical Data and the trend line listed on Page 4, 2) The expenses are now broken out by product line, 3) Corrected Fiscal Year 2006 data listed on Page 12, and also added two lines to the bottom of this page, 4) Added the projected contributions to the debt, and 5) Corrected the totalling of capital listed on Page 13. Mr. Franell clarified the expense detail listed on Page 12 and clarified the drop in personnel that was seen on the previous spreadsheet was adjusted by the correction to the FY2006 data. Councilor Jackson/Silbiger mls to accept the AFN 5-year business plan. DISCUSSION: Councilor Navickas clarified that the plan would shift certain costs from AFN into other funds and wanted the public to be aware of this; however, he voiced support for the overall projections. City Administrator Martha Bennett clarified Mr. Franell has proposed this as part of the business plan; however the shifting has not taken place yet and will be discussed during the upcoming budget process. Roll Call Vote: Councilor Silbiger, Hardesty, Navickas, Jackson and Chapman, YES. Councilor Hartzell was absent. Motion passed. Mayor Morrison noted the topic brought forward by Mr. Jory would be addressed at a future council meeting. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First Reading by title only of an Ordinance Titled" An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials." Item delayed due to time contraints. OTHER BUSINESS FROM COUNCIL MEMBERS (None) ADJOURNMENT Meeting adjourned at 2:45 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY COUNCIL STUDY SESSION FEBRUARY 5,2007 PAGE J ofl MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL February 5, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Study Session to order at 5:15 p.m. in the Civic Center Council Chambers. He clarified the Council would be reviewing tomorrow's meeting agenda and requested they identify their questions for staff. He added this was an attempt to keep the regular meetings efficient and enable the Council to complete the agenda items. ROLL CALL Councilors Hardesty, Navickas, Jackson, and Chapman were present. Hartzell arrived at 5 :20 p.m. Councilor Silbiger arrived at 7 p.m. 1. Look Ahead Review. City Administrator Martha Bennett reviewed the items on the Council Look Ahead and noted this document is constantly in flux. She stated that some of the agenda items slated for the February 20 meeting would likely be pushed to a subsequent meeting and noted the Council is scheduled to have a study session on February 22 to discuss "Right Water, Right Use". Ms. Bennett noted the request from Philip Lang has been placed on the Look Ahead. She explained Council received a letter from Mr. Lang expressing concern about the bricks at the Oregon Shakespeare Festival complex, suggesting that they violate City policy and the City could be liable for any injuries. She stated there is a policy that enables citizens to request agenda items, however staff does not have to honor the date requested. Mayor Morrison commented that this issue has been raised before by Mr. Lang and questioned if it could be handled administratively. Assistant City Attorney Richard Appicello clarified the Street and Police Banner Right of Way item. Ms. Bennett added that several citizens have come forward requesting clarification regarding pole banners. She stated staff will bring forward the issues and let Council resolve this since the Municipal Code does not provide a satisfactory answer. Mr. Appicello also clarified the Parade Permit Procedures item. He noted the City Attorney has made changes to the current procedures to reflect a recent federal case so that the City is protected against a future claim. Councilor Hardesty requested a summary of the federal case when this issue is brought forward. Councilor Navickas requested staff provide the names of citizens who have requested items be placed on the agenda. Ms. Bennett clarified this Information would be included in the staff reports. 2. Discussion of Ashland Fiber Network Five-Year Business Plan. Informational Technology Director Joe Franell presented the AFN 5-year Business Plan to the Council. He voiced his support for the plan and noted that it would change over time. He briefly commented on the 3-year plan and stated this is the restructuring year, next year money will be expended on capital and replacement components, and year three and the years following will be looking to AFN to generate positive cash flow. CITY COUNCIL STUDY SESSION FEBRUARY 5,2007 PAGE 2 of3 Mr. Franell reviewed each page of the plan with the Council, and noted the following highlights on each section: · Page 4: It was noted through last year there was a negative cash flow, but from this year forward AFN will make free cash flow that can be applied to the debt or whatever else the Council sees fit. It was noted the "dip" in FY2008 reflects the component replacements that need to be done. Mr. Franen clarified he will be setting money aside each year for planned replacements so that they do not have a large spike like this again. · Page 5: Comment was made questioning why the expenses for cable television and internet were not separated. Mr. Franen noted these expenses were lumped together in the previous audited numbers. Suggestion was made for the separate figures to be listed for the one year they are available. · Page 6: It was noted AFN is at 67% of plan, and are only halfway through the year. Mr. Franen noted AFN did not experience the loss of customers they had projected and noted the loyalty of the customer base. He clarified the plan assumes AFN's business partners will continue to do the good job the City has come to expect. He also noted staff meets quarterly with the ISPs and commented on the additional 15% of the market he feels the ISPs could obtain. · Page 7: Noted revenue is growing faster than expenses. · Page 8: Mr. Franell reviewed the revenue assumptions. · Page 9: Reflects revenue summary for voice over internet protocol and revenue summary for AFN internet. · Page 10: Reflects revenue summary for wireless internet and revenue summary for high speed data. Mr. Franell commented on the WiMax product and stated it is very robust and has less line of site problems than AFN Anywhere. He clarified staff will wait for the right time to deploy this item. · Page 12: Mr. Franell clarified the FY 2006 Historical column will need to be corrected and he would present the revised information to the Council by tomorrow. He also commented on the shifting of time from the AFN side to the Computer Service Department for himself and Richard Holbo and noted this is reflected under Personal Service. · Page 13: Mr. Franell noted next year he plans to replace the Cable Modem Termination System and each year following they will set aside 20% of the value of a new system, which is based on the systems five year lift span. He also clarified in two years, the WiMax product will be mature enough for deployment, however the City will wait until manufacturing has caught up with demand so that we can purchase this at a reasonable price. He stated he would not recommend being the very first one to offer this product. Comment was made noting the totals on the second chart need to be corrected. 3. Review of Reeular Meetine Aeenda for Februarv 6. 2007. Mayor Morrison explained the purpose of this item is for Council to identify questions. Councilor Hardesty stated she has questions about the Annual Budget Process, the Transient Occupancy Tax, and the Library Funding Options; Councilor Jackson stated she has a question about the Ethics Provision; and Councilor Navickas requested they discuss the study session process. Transient Occupancy Tax Administrative Services Director Lee Tuneberg provided a review of the TOT staff report and Council's options. Comment was made questioning an increase to 9%. Mr. Tuneberg stated staff reviewed this option and noted this increase would generate an additional $300,000 to tourism that may be difficult to spend. It was questioned if these monies could be used on a Downtown Plan. Mr. Tuneberg stated he does not believe this would fit into the state's definition of "tourism". City Administrator Martha Bennett stated she would email the Council the actual regulations and would have them posted to the City's website as well. Comment was made questioning if the City could restructure the grant process to ensure CITY COUNCIL STUDY SESSION FEBRUARY 5,2007 PAGE 3 of3 grantees qualify for tourism dollars. Ms. Bennett stated staff has not reached the point of researching what the City would do with the extra money. She clarified staff was directed to identify possibilities and what would happen if they increased the tax. She noted staffs recommendation is that the TOT be raised by 1%. Library Funding Options Comment was made questioning the option for raising the Transient Occupancy Tax, since most of this money goes to tourism. Ms. Bennett noted this is why the TOT discussion comes first on the agenda and stated staff was attempting to give Council options that minimize the impacts on residents. She clarified if the double majority needed for the library funding measure does not occur, the City could consider a utility surcharge or placing the measure on the next ballot. Ms. Bennett noted they do not have the details of how a takeover from the County would work and clarified they do not need to implement the immediate solution long term. Suggestion was made for staff to include an option for re-upping and borrowing against the Food and Beverage Tax at tomorrow's meeting. Annual Budget Process Mr. Tuneberg noted that the long term assumptions were accepted by the Budget Committee last year. He also clarified the revenue assumption listed at the bottom on page 3 of the staff report and explained if the City stops collecting the $.175/1,000 property tax, which is being dedicated to the AFN debt repayment, the individual departments will have to absorb this cost in their budgets. Ethics Councilor Jackson noted the sentence in Section E(4) that prohibits people serving on commissions from representing clients before any other commission and requested the Council have discussion on this at the regular meeting. Study Session Process Councilor Navickas expressed his concern with the process used during this study session and commented on the potential risk of losing transparency by discussing regular meeting agenda items during a study session. Mayor Morrison stated the purpose of this format is for staff to be prepared for the questions Council will ask at the regular meeting. He stated the questions that are put forth at the study session will still be part of the deliberation at the meeting. Ms. Bennett noted this process enables staff to be better prepared and will reduce the number of questions councilors ask individually of staff outside the meetings, which is less transparent. ADJOURNMENT Meeting adjourned at 7: 15 p.m. Respectfully submitted, April Lucas, Assistant to City Recorder CITY OF ASHLAND Council Communication Rio Communications Internet Service Provider Contract Approval Meeting Date: February 20, 2007 Department: Inform tion Technology Contributing Departments: Le Approval: City A mi . , City Attorney Primary Staff Contact: E-mail: Secondary Staff Contact: Estimated Time: Joseph Franell franellj@ashland.or.us N/A Consent Statement: Rio Communic tions wants to become a certified Internet Service Provider (ISP) through the Ashland Fiber Network. Background: The City operates the Ashland Fiber Network as an "open network" meaning that other businesses pay the City wholesale rates for use of the network to retail services in Ashland. The City has had as many as nine active ISP's on the network at one time. Currently, there are seven certified ISPs and one of those only services business accounts. By approving this contract with Rio Communications, the City re-affirm its commitment to the open network model and the benefits of competition in the marketplace. Related City Policies: N/A Council Options: Local Contract Review Board can approve the public contract or decline to approve the public contract. Staff Recommendation: Staff recommends that the public contract with Rio Communications be approved. Potential Motions: Local Contract Review Board moves to award the public contract. Attachments: Rio Communications Contract r.l' G afnINTERNET ash land fiber network Certified Internet Service Provider Cooperative Agreement Cooperative Agreement between the City of Ashland, by and through its Ashland Fiber Network Division ("AFN"), and Internet Service Provider ("ISP") named below for the certification of ISP for afntNTERNETservices on AFN's telecommunications system through its fiber optic network ("the network"). ISP Name: UIDC Telecom/ dba - Rio Communications Telephone: (541) 492-3031 Billing Address: 520 S.E. Spruce, Roseburg, OR 97470 Fax: (541) 492-2724 Email: tway@rio.com 1. CERTIFICATION PROGRAM. AFN will designate ISP as a certified internet service provider on the network. A list of all certified internet service providers will be maintained by AFN and provided to the public upon request. Only certified internet service providers will be listed. 2. GOLD SERVICE STANDARD. AFN may make available a premium "Gold Standard" provider designation. Criteria for receiving the Gold Standard designation will be provided by AFN, and may, in AFN's sole discretion be periodically amended. Providers desiring the Gold Standard designation must provide evidence satisfactory to AFN that they meet the minimum customer service criteria levels for receiving the designation. AFN, in its sole discretion shall determine whether a provider meets the Gold Standard criteria. Providers may not advertise that they are a Gold Standard service provider without express authorization from AFN. AFN may offer special incentive and advertising programs to providers qualifying for and receiving the Gold Standard provider designation. AFN may, by written notice to ISP, revoke the Gold Standard designation from any ISP which fails to maintain minimum service level standards for the designation. 3. AFN SERVICE LEVELS. 3.1. BANDWIDTH. AFN will strive to maintain a network availability of 100% at an average bandwidth of 1 Mbps upstream and 3 to 5 Mbps downstream. 3.2. INSTAllATION. AFN will install coaxial cable from the network to the residence or business of ISP's customer and install the interior wiring within the residence or business to the location specified by the customer for the cable modem connection. 3.3. SERVICE CHARGES. Service calls by AFN requested by ISP shall be billed to ISP at AFN's published service rates if it is determined that the problem was not the fault or responsibility of AFN. 4. CERTIFICATION REQUIREMENTS FOR ISP. ISP agrees to comply with the following requirements and procedures in order to utilize the network as a certified internet service provider. 4.1. REQUIRED MODEMS. ISP shall use only those cable modems which meet AFN's cable modem specifications for use on the network. ISP shall be responsible for supplying the cable modem necessary to connect its customer to the network. ISP may supply the device through leasing, direct sale, lease/purchase, or through third-party vendors or contractors, at ISP's discretion. 1 - ISP Cooperative Agreement 02202007.doc)(5/02) 4.2. ISP SERVICE LEVEL. ISP shall provide internet services to all Ashland residents or businesses who request service and who otherwise meet the hardware and credit or payment requirements of ISP. ISP will connect customers within ten business days from the date the customer requests service and otherwise meets the requirements of ISP for service, or when the necessary wiring of the customer's residence or business for connection to the network is installed, whichever date is later. 4.3. RATE PUBLICATION. ISP shall publish its rates for internet connection in a manner that allows accurate comparisons for like services from different internet service providers. ISP shall notify AFN of its rates and provide 30-day prior notice of any change in such rates. 4.4. CO-BRANDING. All publicity and advertising by ISP for internet access utilizing the network shall indicate the integral relationship between ISP and AFN and comply with the requirements of AFN's co-branding guidelines. 4.5 ACCEPTABLE USE POLICY. ISP shall comply with AFN's acceptable use policies. These policies apply to ISP and to any other person, organization or entity using ISP's services. The acceptable use policies are subject to change at any time by AFN acting in its sole discretion, and all such changes shall be binding upon ISP upon written notice to ISP by AFN. Copies of such policies will be furnished by AFN upon request. 4.6 Direct Mailing. ISP shall direct mail its customers, either through flyers sent via the United States Postal Service, or through email, such advertisements as AFN provides. AFN agrees to provide no more than 12 advertisements for direct mailing per year. 5. Term. This agreement supercedes all previous agreements and shall be effective upon the date executed by AFN and shall continue until July 1, 2007, unless sooner terminated as provided in this agreement. In the event written notice is not given by either party to terminate this agreement at least 30 days prior to the termination date, this agreement shall be extended for successive one month periods on the same terms and conditions except for the connection rates specified in paragraph 6. 6. PAYMENT. Amounts required to be paid under this paragraph shall be established by AFN by periodic publication of rates. Rates may be changed by AFN upon 45 days prior notice to ISP. (G:\legal\PAUL\telecommunications\Forms\AFN ISP Rio Com 6.1. RESIDENTIAL. ISP shall pay AFN an amount per month at the published rate for each residential internet account of ISP connected to the network. A residential internet account is an account limited to one dynamic IP address. 6.2. COMMERCIAL. For each commercial internet account of ISP connected to the network, ISP shall pay AFN an amount per month, at the published rate, for a single IP address plus an amount for each additional address. A commercial internet account is an account with a maximum of eight fixed IP addresses. 6.3. PAYMENT REPORT, DEPOSIT. All sums shall be paid monthly by the 15th of the month for all of ISP's accounts connected to the network in the previous month and for all service charges. For those modems that were active less than a full month, the ISP will pay a prorated amount based on the number of days the modem was active. Beginning January 1, 2005, the minimum monthly rate for an ISP shall be the equivalent of the amount for a residential internet account times twenty. If ISP fails to pay amounts due by the 15th, ISP agrees to pay a 10% late charge on the unpaid balance plus interest of 1 %% per month on such balance. AFN may require ISP to pay a deposit in advance of the provision of any access. Any such deposit shall be held by AFN in a non-interest bearing account and used to satisfy (in whole or in part) any obligation of ISP under this agreement. 7. RECORDS AND AUDIT REQUIREMENTS. ISP shall maintain a current customer list, including address, phone number and email address for each subscriber. ISP shall also maintain fiscal records on a current, monthly basis to support its reports to City as to the number and types of customers. AFN or its authorized representative shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of ISP regarding its customer list, reports or services directly pertinent to this agreement. All required records must be maintained by ISP for three years. No more frequently than once per month, ISP shall provide AFN a current customer list within 15 days of AFN's written request for such. AFN agrees to keep allISP's records confidential to the extent permitted by law. 8. TERMINATION. Either party may terminate this agreement for cause, provided written notice is given the other party specifying the cause for termination and requesting correction within 10 days for failure to pay a sum due, or within 30 days for any other cause, and such cause is not corrected within the applicable period. Cause is any material breach of the terms of this agreement, including the failure to pay any amount when due, the filing of a petition in bankruptcy by or against ISP or ISP's inability to meet obligations when due; or failure of ISP to cure any violation (other than failure to pay) of the provisions of this agreement within 30 days notice by AFN. 8.1. AFN may deny ISP access to the network and cease to provide all or part of any services described in this agreement without notice if ISP (a) violates any provision of applicable acceptable use policies; (b) engages in any conduct or activity that AFN, in its sole 2 - ISP Cooperative Agreement discretion, reasonably believes causes a risk that AFN may be subjected to civil or criminal litigation, charges, or damages; or (c) would cause AFN to be denied access or to lose services by AFN's internet provider. 8.2. If AFN ceases to provide or denies ISP access to the network pursuant to this paragraph, neither ISP nor any of its customers shall have any right (a) to access through AFN any materials stored on the internet, (b) to obtain any credits otherwise due to ISP, and such credits shall be forfeited, or (c) to access third party services, merchandise or information on the internet through AFN. AFN shall have no responsibility to notify any third-party providers of services, merchandise or information of any discontinuance of any services pursuant to this paragraph, nor any responsibility for any consequences resulting from lack of such notification 8.3. If AFN terminates this agreement for cause, or if ISP terminates this agreement without cause, ISP shall pay AFN a termination fee equal to the lesser of (a) the remaining charges applicable through the end of the scheduled term, or (b) six months of charges. 8.4. If AFN terminates this agreement for cause, or if ISP terminates this agreement without cause, without further notice to ISP, AFN may, in its sole discretion, absorb ISP's customers into AFN's system or may sell ISP's customer list to another ISP. Any proceeds received by AFN for the sale of the customer list, shall be considered liquidated damages for the costs AFN incurs in promoting and consummating the sale and transfer of the customers to another provider. 9. ASSIGNMENT OR TRANSFER. ISP shall not sell, assign, or in any other manner transfer its rights under this agreement or any interest of ISP in this agreement without the prior consent of AFN, which consent shall not be unreasonably withheld or delayed. 10. LIMITATION OF LIABILITY. AFN SHALL NOT BE LIABLE TO ISP FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. 11. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR FOR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE INTERNET, OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET. ISP UNDERSTANDS AND AGREES FURTHER THAT THE INTERNET CONTAINS VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL COMPONENTS, UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE. ISP AND ISP'S CUSTOMERS ACCESS SUCH COMPONENTS AND MATERIALS AT ISP'S OWN RISK. AFN HAS NO CONTROL OVER AND ACCEPTS NO LIABILITY OR (G:\legal\PAUL\telecommunications\Forms\AFN ISP Rio Com 02202007.doc)(5/02) RESPONSIBILITY WHATSOEVER COMPONENTS OR MATERIALS. 12. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this agreement if it is prevented from performing any of the obligations under this agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 13. INDEMNIFICATION. ISP shall hold harmless, defend and indemnify AFN, its elected or appointed officials, officers, employees and agents, from all claims, damages, losses, liability and expenses arising from the negligent or other tortious acts or omissions of ISP and its officers, agents, employees and independent contractors. 14. ATTORNEY FEES. If this agreement is placed in the hands of an attorney due to a default in the payment or performance of any of its terms, the defaulting party shall pay, immediately upon demand, the other party's actual fees and expenses together with reasonable attorney fees, even though no suit or action is filed. 15. SPECIAL PROVISIONS. G attached G not attached ISP: By: Title: AFN: By: Title: legal Review: FOR SUCH Date: Date: Date: 3 - ISP Cooperative Agreement (G:\Iegal\PAUL\telecommunications\Forms\AFN ISP Rio Com 02202007.doc)(5/02) CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: Department: Approval: February 20'i11b007 City Recorder Martha Benne Primary Staff Contact: Barbara Christensen 488-5307 christeb(ci;ashland.or.us Estimated time: Consent Agenda Statement: Liquor License Application from Carla David dba Wild Wines at 950 Bellview Avenue, Ashland Background: Application for liquor license is for a 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 of this application. Potential Motions: Motion to approve Liquor License application. Attachments: None r~' CITY OF ASHLAND Council Communication Approval of Public Contract greater than $75,000 for MUNICIPAL AUDIT SERVICES Meeting Date: February 20,2007 Department: Finance - purchasin~ Contributing Departments: Fi~nnc Approval: Martha Bennett Estimated Time: Consent Ag a Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Lee Tuneberg ~ tuneberl@ashland.or.us Statement: This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a public contract with Pauly, Rogers and Company for Municipal Audit Services. The intended contract is for a three (3) year term, with the option of two (2) one-year extensions, for a maximum term of five (5) years. Staff Recommendation: Staff recommends that the public contract for Municipal Audit Services be awarded to Pauly, Rogers and Company. Background: A competitive sealed proposal process (Request for Proposal) was the required sourcing method. Unlike an Invitation to Bid, a Request for Proposal allows the proposals to be evaluated in accordance with the evaluation criteria, including the potential areas open for negotiation, which were established and set forth in the RFP. Public Notices were placed on the City's website, and published in the Daily Tiding, Mail Tribune and Daily Journal of Commerce to encourage competition and interest in providing these services to the City of Ashland. The Request for Proposal was requested by and sent to seven (7) potential proposers. 1. 2. 3. 4. Isler & Company Kenneth Kuhns & Company Lemaster and Daniels Merina & Company 5. 6. 7. Moss Adams Pauly, Rogers and Company Talbot, Korvola & Warwick A single proposal was received from Pauly, Rogers and Company. The Audit Committee acted as the Review Panel in keeping with the powers and duties assigned to it by Council. The Committee reviewed the scope, process, proposal, history and references of the single proposal and discussed at lengths the benefits and detriments of accepting the only proposal or re-advertising for additional bids. Additionally, the Committee discussed the five years of history the City and the Committee has with Pauly, Rogers and Company. A copy of the Committee draft minutes is attached r4.' The Committee chose to accept the proposal which represents only a 1 % increase over the recent contract (even with an expanded scope) and includes proposed increases of only 3% for each of the ensuing two years. Based upon the open bid process, competitive bid received, the success of the previous work and business relationship with the bidder, the Audit Committee recommends to City Council (the Local Contract Review Board) that it approve the City entering into a public contract with Pauly, Rogers and Company for Municipal Audit Services beginning with FY 2006-2007. Related City Policies: AMC 2.52.070 Selection Criteria (Personal Services) The following rules shall be followed in selecting a contractor for personal services: C. For personal service contracts that will cost $50,000 or more, the Department Head shall award the contract based on AMC 2.50.090 (Request for Proposal).. AMC 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfy all of the following: i. The contract has a total value of seventy-five thousand dollars ($75,000) or less; ii. The contract does not exceed a twenty-four month contract period; iii. The contract provides that the contract may be terminated by the City for convenience thirty (30) or fewer days following delivery of written notice to the contractor; iv. Funds are budgeted for the purpose of the contract; v. The contract has been approved as to form by Legal Counsel unless it meets one of the exemptions set forth below; in Section 2.50.025, and, vi. All other requirements for public contract code procurement have been satisfied. Council Options: Local Contract Review Board can approve the award of the public contract or decline to approve the award of the public contract. Potential Motions: Local Contract Review Board moves to award the public contract doe municipal audit servcies to Pauly, Rogers, and Company. Attachments: Audit Committee draft minutes from 2-5-2007 Fee Arrangement Worksheet submitted by Pauly, Rogers, and Company Sample Contract for Municipal Audit Services ~~, CITY OF ASHLAND Audit Committee Draft Minutes February 5, 2007 8:30am Council Chambers 1175 East Main Street Call to Order Chairman Levine called the Audit Committee meeting to order at 8:35 a.m. on February 5, 2007 in Council Chambers, 1175 East Main Street Ashland, Oregon. Roll Call Committee members Christensen, Levine, Morrison and Nutter were present. Lemhouse absent. STAFF PRESENT: LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE DIRECTOR Approval of Minutes Audit Committee Minutes of December 20,2006 Nutter moved, Christensen seconded to approve minutes as submitted. All Ayes. Request for Proposal Tuneberg spoke to the bid process and requirement for the meeting to review proposals to be an open meeting rather than a closed-door meeting where an evaluation panel evaluates all proposals in a confidential environment. Since the City received only one bid there was a discussion on how to proceed. Tuneberg said the Committee could reject all bids and go out for another advertisement or could review the one proposal received from Pauly, Rogers and Co., P.C. and decide on whether to accept the proposal now and recommend Council award the bid or the committee could interview the firm before deciding on how to proceed. Staff had distributed a telephone call log depicting the discussions with potential bidders who did not submit a proposal and why not. Log is attached. Committee discussed the scope of the bid, process to advertise and encourage participation and responses on the log. Tuneberg assured the Committee that all appropriate steps were taken and that the process was open and fair. Consensus was that some firms felt they could not submit a competitive bid, did not have the resources to do the job or could not afford to have staff travel to the Rogue Valley for the audit. AUDIT COMMITTEE MEETING FEBRUARY 5,2007 PAGE 2 OF 3 The Committee discussed the benefit of rejecting the only proposal and re-advertising. Consensus was that we may alienate the one firm willing to do the job and may only get more expensive proposals...even worse, we may not get any other bids. It would delay the audit and issuance of the financial report for the fiscal year ending June 30, 2007. The Committee discussed the attributes of the RFP and the proposal received including a competitive quote for a scope that included additional work over the prior year (auditing Food & Beverage and Transient Occupancy Tax report preparers). Committee discussed whether there is any basis for rejecting the proposal from Pauly, Rogers and Co., P.C. Tuneberg said he did not have a legitimate reason for rejecting an audit firm that had worked well with the City, helped to comply with GASBS 34 in 2003 at a price thousands less than other bidders proposed, helped in preparing award winning reports and providing support throughout the year at a competitive price. However, as part of the reference checking discussion, staff distributed newspaper articles and a memorandum from Pauly, Rogers and Co., P.C. regarding audit issues at the City of West Linn and Portland Public Schools. Documents attached. The Committee discussed the required insurance coverage for professional contracts and the ability to end the three year contract early for an appropriate reason. Staff identified the RFP requirement for professional coverage and the contract clause allowing termination of services with 90 day notice prior to July 1 of any year. The Committee discussed the complaints filed against a past "partner" with Pauly, Rogers and Co., P.C. and the impact it could have on the City's and Parks' audits. The past partner and his staff did not work on our audit and will not in the coming years if the contract is awarded to Pauly. The committee felt it important to recognize that Pauly, Rogers and Co., P.C. is a viable bidder in that: · The firm has audited Ashland and Parks and knows our operations. · The firm has successfully guided the City through new auditing and reporting requirements. · The firm has done special audits for the City at the request of the Committee and the Committee liked the work performed. · The proposal was for $49,000 for both the City and Parks for the first year (a 1 % increase over 2006's $48,500) and increases only 3% for 2008 and for 2009. · The scope was expanded to include a review of TOT and F &B reporting and the firm gave an equitable quote for the work included in the 1 % increase. · The Committee felt the firm has been professional in their work and presentations, often focusing on necessary improvements and upcoming reporting requirements. · Audit issues raised at other agencies may help the firm review Ashland's records even better. · Ashland uses an Audit Committee - if the other agencies had such a committee they would not have gone 4 years without an audit and/or possibly avoided the problems they encountered. AUDIT COMMITTEE MEETING FEBRUARY 5, 2007 PAGE 3 OF 3 Nutter moved, Christiansen seconded the motion to recommend to Council to award a three year contract to Pauly, Rogers and Co., P.C. at the price presented in the proposal. All Ayes. Committee directed staff to prepare the minutes and distribute a draft immediately for all members to review. If any subsequent questions arise they can be submitted in writing to Tuneberg for forwarding to Pauly, Rogers and Co., P.C. to respond to in writing rather than requiring a trip down to Ashland for discussion. Adiournment The meeting was adjourned at 9:55 a.m. Respectfully Submitted, Lee Tuneberg rIJ@ PAULY, ROGERS AND CO., P.C. CERTIFIED PUBLIC ACCOUNTANTS · 12700 S.W. 72nd Avenue · Tigard, Oregon 97223 · (503) 620-2632 · FAX (503) 684-7523 February 14,2007 Dear Lee, Due to recent newspaper articles concerning our firm we feel it is necessary to provide you with what information we have concerning these matters. As you may be aware, the articles address predominantly the City of West Linn audit and a federal audit done for Portland Public Schools (PPS). We want to inform you that: · Both engagements were done by an individual titled "partner" who never was a shareholder or equity owner of this company. He employed his own staff, and maintained his own files and operating systems. He is no longer associated with this firm. He has all files pertaining to those engagements at his new firm. · All staff involved with those audits were, and always have been, employees of that partner. They are no longer associated with this firm. · No current members of this firm were involved with planning, conducting, reviewing or supervising any portion of those audits. We have no knowledge of what occurred in the audit at the City of West Linn or how the audit was conducted. The news articles do not point out that this former partner did not audit many of the years the fraud occurred. They also did not point out that the City did not have an audit for over four years. · We did do additional federal audit work to enhance the work done by these former associates for PPS. At the conclusion of that work, PPS staff commended us for the work we did and volunteered to be used as references. In our entire history, which dates back to 1947, we have never had a complaint or professional issued raised about this firm. We deeply regret any misunderstandings or misinformation the press articles may have created. No current partner or member of our firm is the target of any actions referred to in these reports. It is our hope that this former partner will address all issues raised to the satisfaction of all affected parties. We need to emphasize that his actions have no effect on the level of our service to you or our professional conduct. Thank you for your confidence in us. We assure you it is not misplaced. If you have questions please do not hesitate to call us or your team leader. It is our intention to discuss this with you soon. Roy Rogers Managing Partner Kenny Allen Partner I I I I I I I I I I I I I I I City of Ashland Request for. Proposal Municipal Audit Services EXHIBIT "A" FEE ARRANGEMENT WORKSHEET CITY PARKS TOTAL Audit Fee Financial Statement Preparation $30.000 1,400 $ R.500 700 $iR S()() 2,100 Single Audit (if Applicable) 2,200 1,800 4,000 Other GFOA Certificate of Achievement -0- -0- -0- -0- -0':'" -0- 2,300 -0- 2,300 2 .100 -0- 2.] 00 $38,000 $11,000 $49,000 $39,140 $11,330 $50,470 Other Technical Assistance Additional Audits - Food & Beverage (6-Annually) Additional Audits - Transient Occupancy Tax (4-Annually) Total for Year One Total for Year Two Total for Year Three $40,300 $11,670 $51. 970 Additional Services by Hour: Partner $125 $100 Manager I I I RFP - Exhibit "A", Fee Arrangement Worksheet, Page 1 of 1 I Support $ 80 $ 45 Accountant 10 EXHIBIT "0" CONTRACT FOR AUDIT SERVICES Audit Services Contract, dated this day of ,2007, and made in accordance with the requirements of ORS 297 between ("Auditor"), and the City of Ashland, Oregon, ("City") including the Ashland Parks and Recreation Commission ("Commission") City and Auditor agree: 1. Auditor shall conduct an audit of the accounts and fiscal affairs of the City and the Commission, as of and for the years ending June 30, 2007, 2008, and 2009. The audit will be made in accordance with the Minimum Standards for Audits of Municipal Corporations as prescribed by law. The audit shall be undertaken in order to express an unqualified opinion that the financial statements of the City and Commission are fairly presented in conformity with generally accepted accounting principals consistently applied, and to determine if the City and Commission have complied substantially with appropriate legal provisions. If the Auditor's opinion is other than unqualified, the Auditor will fully discuss the reasons with the City in advance of issuing the opinion. 2. The Auditor agrees that the services by Auditor shall be rendered by , CPA, or under this person's supervision, and that the work will be faithfully performed with care and diligence. 3. Auditor is to begin the audit within 45 days following July 1 of each year and complete the audit by November 15 or each year. Upon completion, written reports are to be delivered to the Audit Committee for consideration and review by the committee. After review and acceptance by the Audit Committee, 25 copies of the final City report and 25 copies of the final Commission report shall be delivered to the City. The form and content of the reports shall be in accordance with, and not less than, that required by the Minimum Standards for Audits of Oregon Municipal Corporations. 4. City will provide for such financial statements as may be necessary to fully disclose and fairly present the results of operations for the periods under audit and the financial condition at the end of those periods. Although it is City's responsibility, the reports are to be drafted and prepared by the Auditor. The cost of preparing such financial statements shall be included in the fee for conducting the audit as set forth in paragraph 9. 6. Auditor is required to comply with chapter 3.12 of the Ashland Municipal Code to pay a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract. 1- Audit Contract RFP Municipal Audit Services Dec 06 - Jan 07 CONTRACTG:\legal\PAUL\ALO\audit contract form 2002+.wpd 7. Should unusual conditions arise or be encountered during the course of the audit whereby the services of the Auditor are necessary beyond the extent of the work contemplated, written notification of such unusual conditions shall be delivered to the City, who shall instruct the Auditor in writing concerning such additional service. A signed copy of each such notification and instruction shall be delivered immediately to the Secretary of State by the City. 8. Either party may cancel this contract by giving notice in writing to the other party at least 90 days prior to July 1 of any year. 9. City agrees to pay the Auditor for the City audit and the Commission audit for: 9.1. FY 2006-07, the sum of $ and $ respectively. 9.2. FY 2007-08, the sum of $ 9.3. FY 2008-09, the sum of $ and $ respectively. and $ respectively. 10. City and Auditor may extend this contract for up to two fiscal years beyond FY 2008- 2009 upon such terms and conditions as they shall mutually agree. CONTRACTOR: CITY OF ASHLAND: BY BY Signature FINANCE DIRECTOR BY DATE Print Name TITLE CONTENT REVIEW CITY DEPARTMENT HEAD DATE DATE FederallD # ACCOUNT # PURCHASE ORDER # (for City purposes only) 2- Audit Contract RFP Municipal Audit Services Dec 06 - Jan 07 CONTRACTG:\Jegal\PAULIALO\audit contract form 2002+.wpd Council Communication CITY OF ASHLAND Capital Improvement Program (CIP) and Long Range Financing Meeting Date: February 20, 2007 Primary Staff Contact: Paula Brown 552-2410'y Department: Public Works I Engineering E-mail: brownp@ashland.or.us Contributing Departments: ance Secondary Staff Contact: Lee Tuneberg 552-2003 Approval: Martha Benne E-mail: tuneberl@ashland.or.us Estimated Time: 1 hour ame item postponed from original schedule of January 16, 2007 Statement: This item addresses Council's request to approve the FY08-13 Capital Improvement Program (CIP) prior to the budget process. Staff is presenting a recommended plan. Although the projects listed for FY08 are stable, there may be a need to include an emergency project or to revise actual project dollars, especially those projects that start in FY07 and carry over to the following year for completion. These details will be updated and included in the final FY08 budget process. Staff will update council of any changes between this list and the final budget preparations. Staff Recommendation: Although the CIP provides a rolling six year plan, it is only a plan. The greatest amount of detail and assurances are with the first year (FY08) and into the second year (FY09). Staff recommends that Council hear and discuss staff's proposal for the FY08-13 Capital Improvement Plan, modify or change the FY08 CIP project list, provide any clarifications or direction on the future "out years" for the FY09-13 CIP, and then adopt the FY08 CIP project list. Background: Staff brought the initial look of the City's CIP to council at a study session on December 4, 2006. The purpose of the study session was to: · review and discuss past practices for CIP development; · direct staff to provide more details or different project planning goals for the upcoming budget process; · discuss and direct the preliminary CIP for next fiscal year; · give direction to staff on Council's priorities for construction projects for the next several years; · review and discuss the CIP prior to Council's goal setting; · discuss and direct staff to bring the CIP to Council for adoption during or prior to the formal budget process. A quick recap on the City's CIP development process: · Each department or enterprise fund manager develops its portion of the CIP with a rolling 6 year funding outlook. · Projects are generated and prioritized through the development of master plans, departmental maintenance plans based upon service level acceptability or other public processes. · Master plans are complete for the enterprise funds and are typically based on a 10 or 20 year planning horizon with growth predictions as certified by Jackson County. · Projects are prioritized based on master plan criteria, system capacity and projected capacity, identified service levels and funding availability. · Major capital projects are taken to Council during the development stage and often at the funding stage if there are grants or other funding sources requiring Council action. · Many projects are grant funding dependent and if grants are not authorized, the project will not be constructed. Highlights of the FY08-13 CIP are included in the attached presentation. Staff will present the FY08 proposed project list in detail. You will notice on page 7 of the presentation, the highlights for the FY08 plan. In addition, the large G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC CIP 20Feb07.doc Page 1 of2 r., 11 x17 spreadsheet shows funding sources for each of the projects. For the FY08 projects, all grants that were assumed have been received. The CIP is currently divided into seven categories which basically follow the different funds: · Transportation; Streets, Sidewalks, LIDs, · Airport (shown with the Transportation grouping but is a separate fund) · Water; Supply, Treatment and Distribution · Wastewater; Treatment and Collection · Storm Drains and Water Quality Improvements (currently funded through the Street Fund) · Electric and Telecommunications (AFN) - will be split for the FY08 Budget process · Administration; City Facilities and Technology (computers, IT, hardware and software for city departments) · Parks and Recreation (CIP shows City funding only) Staff has refined the FY08-13 CIP, focusing on the current FY07 projects, their completion dates, and the FY08 priority projects. There have been a few changes since the draft in December. The FY08 CIP project list represents the best projection of the FY07 project completions and any roll-overs into the FY08 budget year, and the best range of project priorities based on need and available funding. Related City Policies: Budget Documents including the CIP Master Plan Documents as described in the discussion section for each enterprise Ashland Community Values Statement Council Options: Council expressed the desire to approve and adopt the CIP prior to the formal the Budget process. Staff recommends that although the CIP shows a full six years of rolling capital projects, that Council only adopt the FY08 project list. Council could adopt the FY09-13 CIP in concept which allows staff to provide any new inputs to Council and adopt the project lists annually. Should Council wish to adopt the CIP prior to the full budget process, staff recommends one of the following actions: 1) Council could accept the staff report, adopt the FY08 Capital Project list and approve the FY09-13 project priorities as shown; 2) Council could accept the staff report, adopt the FY08 Capital Project list with stated changes, and approve the FY09-13 project priorities as shown or with recommended changes; 3) Council could reject the staff report as recommended, re-prioritize and change the CIP, and direct staff to provide the final project list for review at the next Council meeting. Potential Motions: 1. Council moves to accept the staff report, adopt the FY08 Capital Project list and approve the FY09-13 project priorities as shown. 2. Council moves to accept the staff report, adopt the FY08 Capital Project list with stated changes, and approve the FY09-13 project priorities as shown or with recommended changes; 3. Council moves to reject the staff report as recommended, re-prioritize and change the CIP, and direct staff to provide the final project list for review at the next Council meeting. Attachments: 1. Proposed FY08-13 CIP Project List 2. Proposed FY08 Presentation of the FY08-13 CIP - edited since the original January 16, 2007 presentation 3. Updated FY07 Project Status and Anticipated Project Spending Estimate - edited from January 16, 2007 4. Proposed FY08-13 CIP Project Discussion (from Dec 4,2006 Study Session) G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC CIP 20Feb07.doc Page 2 of2 r~' <::> ~ " " ~ ". ~ 0. 3 ~ " 0. ~ ;:;; -< o .... n :;; Ii' ~ n :;; ." -< ~ ." So ~ o .... "" n Ol ~ " ~ o 11 ~ ~ ~ -\ t- ~ .... .... <II <:. = = "" W o '0 o o ~ .... = <:. = = V> .... = <:. = = ",,""1 t.J ~ N = ..., QO '-0 o o ""1 G"-l "" ~ .... ~ ~ ~... '00 o = o <:> ""=1 00 .... v,= '8 o ""1 ~ .... .... 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" Council Communication CITY OF ASHLAND Study Session - Capital Improvement Program (CIP) and Long Range Financing Meeting Date: December 4, 2006 Department: Public Works / Engineering Contributing Departments: Finance Approval: Martha Bennett Primary Staff Contact: Paula Brown 552-2410 E-mail: brownp@ashland.or.us Secondary Staff Contact: Lee Tuneberg 552-2003 E-mail: tuneberl@ashland.or.us Estimated Time: 1 hour Statement: This item addresses Council's request to gain additional familiarity with the current Capital Improvement Program (CIP) and how it is developed, receive an update on the current CIP projects, and help review and further define goals for financing and planning for projects in next year's CIP and the future out-years of the CIP. Staff will provide a preliminary draft of next year's CIP for discussion. This preliminary plan will be updated prior to the FY08 (Fiscal Year 2007 -08) Budget discussions. Staff Recommendation: As this is a study session, there is no formal recommendation. This is an opportunity for Council to: · review and discuss past practices for CIP development; . direct staff to provide more details or different project planning goals for the upcoming budget process; . discuss and direct the preliminary CIP for next fiscal year; . give direction to staff on Council's priorities for construction projects for the next several years; · review and discuss the CIP prior to Council's goal setting; . discuss and direct staff to bring the CIP to Council for adoption during or prior to the formal budget process. Background: The Public Works Department, Administration Division maintains the City's CIP. Each department or enterprise fund manager develops its portion of the CIP with a rolling 6 year funding outlook. Projects are typically generated and prioritized through the development of master plans, departmental maintenance plans based upon a set of criteria, or other public processes. Master plans are complete for the enterprise funds and are typically on a 10-20 year planning horizon based on growth predictions certified by Jackson County. These plans typically are brought to Council for adoption and generally become a part of the City's comprehensive plan. Projects are prioritized based on master plan criteria, system capacity and projected capacity, identified service levels and funding availability. Major capital projects are taken to Council during the development stage and often at the funding stage if there are grants or other funding sources requiring Council action. Many enterprise funds have a standard or routine maintenance program that is not necessarily capitalized, and a capitalized maintenance and improvements program. For example, the typical slurry sealing projects are in the street division's maintenance line item and are not capitalized. Street projects are capitalized when there is a significant section of at least a 2 inch overlay. The CIP is currently divided into seven categories which basically follow the different funds: · Transportation; Streets, Sidewalks, LIDs, . Airport (shown with the Transportation grouping but is a separate fund) · Water; Supply, Treatment and Distribution · Wastewater; Treatment and Collection . Storm Drains and Water Quality Improvements (currently funded through the Street Fund) . Electric and Telecommunications (AFN) - will be split for the FY08 Budget process . Administration; City Facilities and Technology (computers, IT, hardware and software for city departments) . Parks and Recreation (CIP shows City funding only) G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC 55 CIP 04Dec06.doc Page I of2 "., ATlA-C-I-I-N\~' 4 Related City Policies: Budget Documents including the CIP Master Plan Documents as described in the discussion section for each enterprise Ashland Community Values Statement Council Options: Council has expresses interest in the CIP development process which is why this initial discussion was brought forward. Typically, the CIP is adopted as part of the Budget process. Staff is more than willing to bring additional information, revisions or take any action Council directs. A. Should Council wish to adopt the CIP prior to the full budget process, staff would recommend one of the following actions: 1) Council could accept the staff report with the Capital Project priorities as shown and direct staff to provide the final project list for review at the first meeting in January with adoption for the second meeting; 2) Council could accept the staff report with a recommended changes to the Capital Project priorities and direct staff to provide the final project list for review at the first meeting in January with adoption for the second meeting; 3) Council could reject the staff report, re-prioritize and change the CIP, and direct staff to provide the final project list for review at the first meeting in January with adoption for the second meeting. B. Or if Council is more comfortable with the CIP being adopted during the budget process similar to what had been done in the past, staff would recommend one of the following: 1) Council could accept the staff report with the Capital Project priorities as shown and direct staff to provide additional updates through the budget process; 2) Council could accept the staff report with a recommended changes to the Capital Project priorities and direct staff to provide additional updates through the budget process; 3) Council could reject the staff report, re-prioritize and change the CIP or the CIP process, and direct staff to provide additional updates through the budget process. Potential Motions: As this is a study session, there are no formal actions and no proposed motions. Attachments: Proposed FY08-13 CIP Project Discussion Proposed FY08-13 CIP Project List Update on Current CIP Projects G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC'SS CIP 04Dec06.doc Page 2 of2 r., Proposed FY08.13 CIP Project List: The full spreadsheets of the current and proposed CIP are shown at the end of this section starting on page 8. Each area is further discussed below. The status of current year projects is shown starting on page 11. Transportation: Streets, Sidewalks, LIDs, The City's Street Fund is the source of dollars not only to maintain City streets, but also for maintaining the center medians on North Main, Siskiyou Boulevard, and Mountain Avenue, landscaping in the downtown, sidewalks in the downtown, and also fund new street improvements and other capacity improvements (street widening, sidewalks, bike paths, etc). The Street Fund also pays for the City's portion of the Rogue Valley Transit District. However, the CIP focuses on capacity enhancements or major improvements for streets (pavement, signals and safety), sidewalks, bike paths and railroad crossings. Current revenue sources for the street fund include State gasoline taxes, franchise fees (paid by other City enterprise funds such as electric, water and wastewater and others for the use of the system), transportation systems development charges (SDCs which will be updated in FY07 or FY08), the City's transportation utility fee, Local Improvement District charges for specific projects, as well as some State and Federal Transportation Program grant funds for applicable projects (Congestion Mitigation and Air Quality - CMAQ dollars which have funded new pavement for unpaved streets and ODOT Access Management funds that helped with the Ashland Street project; Transportation Enhancement funds - TE dollars which have funded bike paths, sidewalks and may help fund railroad projects; and State Transportation Program (STP) funds which have typically been used for major improvements and upgrades to our street network). There are also a handful of smaller grant/loan programs that the City has used or applied for in the past including Special Public Works Funds, Safety and other transportation and safety related program funds. The City's Transportation System Plan (TSP) was completed in 1998. The focus of this 20 year plan was current transportation system, deficiencies and recommended future capacity improvements, bike lanes and bike paths, sidewalks to schools and employment centers, RVTD, etc. Staff uses the TSP to prioritize and provide general timelines for the capacity improvements to the City's system. In addition, the Street Division manages a pavement management system (PMS) that evaluates the overall condition index (OCI) of the City's streets. This PMS OCI database is used for minor capital projects (street resurfacing) and maintenance activities (slurry seals, etc). The proposed CIP is very different than what is presented in the current budget, but attempts to balance project needs and priorities with available funding. Staff attempts to annually fund $250,000 of street improvements according to the PMS OCI needs, approximately $150,000 in MPO/STP funds (Ashland now competes with the entire Medford Area Metropolitan Planning Organization, MPO), $100,000 of safety projects - mostly trip hazards in sidewalks, and would like to be able to add $250,000 of new sidewalks. Council recently approved forming a Street Financing Task Force to look at long term sources of stable funding for the transportation program to ensure our street and transportation network is adequately maintained. In addition to the "routine" street projects, there are Local Improvement Districts (LIDs) that require identification and planning in the budget process. The LID process will be a discussion at a future council study session (postponed from the originally scheduled meeting on December 14, 2006 and not yet scheduled). Although it is a council goal to reduce unpaved streets to reduce the amount of sediment in our creeks and dust that contributes to air pollution, current practice compels staff to wait until the neighbors bring a request for street paving actions to the engineering division to initiate action for formation of an LID. Sidewalk projects that use LID funding have been both contentious and very successful, and are also on this list. Staff applied for a federal Transportation Enhancement grant through ODOT for Laurel Street, but was unsuccessful in the latest round (2006) due to the uncertainty and as of yet, unapproved, railroad crossing details for Laurel and Hersey. Staff intends to reapply for the TE grant next year pending approvals with the railroad crossings (ODOT Rail and Union Pacific). G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 1 of 14 r., JranRDortation FY07 FY08 FY09 FYI0 FYll FY12 FY13 Project Totab 'Bus Sh:.lters for Hi."'h School (Siski'lnu f(l.l Be.3.chltv1oneJ in house inst.all $0 Horth A,lililld BiI,ew," Ph II ':entnl A,.hhnd Bikew,,' $95000 .. :. $1 918000 B Street - IJ-3.k Sheet to '::;th StreetlC1ver!a.y I":!! PM::: $35 000 $440 000 A Street - (141: Street to l.;t SheetK'verlav 'tiel" PMS $25 000 $315000 'Jl'd.lUt~ Street - NUtIe'7 to Pic'neel:' SheetfO',erlay per P:MS $30 000 $ 3"0,000 $380 000 1-:'~'l:12e;;hon Mih:."ation A;~~.1alit1 eMA')) Street hnPl"O',""em,:.nts - (: ,!~ Eureka. de,ien "nnt $100000 $100000 RillrQ.d ':~O".ll" hun E M"in (071; He,.w"L"",.1 (09): ('.ok & Wille,. 0 1 $525 000 tl 500 000 $1 250.000 $3275000 Jefl"el:,;;,_,n Street Eldel:~l.on Pro"ed "Bl41lUnO - I)EC[I[I) $900 000 $900 000 PaJ:'k .:ill..! Rid.e l:re.3.tiDn $200.00", $250 000 Hene'" Sheet Pedo::shll1v'S.:J"ety Impl'O\--ellleut5 $150.000 $150000 Miscellaneous ':ollClii!te Safeh- ReTL~ $150000 $IOO.UUO $100.1.11.10 $100.000 $100000 $100000 $ 100 000 $750 000 M:iscella.l~0115 N e>.'l S~:iew.alk ImTlrovements (ba::;ed on 'OriOlitized llit in TSP) $80.000 $150.000 $150000 $150000 $150000 $680 000 Beaver Sli.di: Ped.estrim Imnrove:ments $70 000 $70 000 Allison Street Imnrovement5 Del PMS $35.000 $285 000 H"ui.;on St (Siski~, to low. t,o Euclid) PMS' $2' 000 $205 000 Iowa Street PM::: $140,000 $140000 N. M.illt ~treet & Wnner Street Intersection S.rl'ety h:nnro'lJ:!:me:nt5 $7 5U 000 $750 000 0<lk Street, Lithi> W." to R.aiJrood T,.""ks De,. PMS $280,000 $280 000 Honnal A ""llUe - A,hIand St to Siskivr.fl' Blvd Dor PMS $190000 $190000 SienU lrutolhtiou .t T olm= Creek Rood & Si.;kivou Boule,'.:rd $250 000 $250 000 SienU lrutolhtion .t O<lk Street & Hem" Street $250 000 $250 000 SJreet In_''''''ements ner PMS (""al is to SJ>end $2"0 OOOiyea.d $2"0 000 $250 000 $500 000 Nevada Street Extension &. ~~~ Construction. Bear Creek to MOl.lldain Ave. $1 500000 $1800000 $3 300 000 DO'iI'l1town Phll Phase II $750 000 $750 000 $1 500000 SlIbto.tal T..........ortation $1 8!~,ll,068,00ll $2,21f,llllll 51,~ _}2 870 000 $3 000 000 $2 300.000 $16878000 Lo.al bm.rovement Distri<ts NOR: Costs shown are total nro_led costs City oortion varies I ~- 40 % 1 FY07 FY08 FY09 FYI0 FYll FY12 FY13 Project Totab Sidewalk. He"ad.>. Street. TSP ,chool route' $0 Sherid= Street & Schof..Jd Street Loc>! ImDro"""",nt Distnct $300 000 $300 000 Plaza Avenue Local Imorovement District $135 000 $135000 L"","I Street Sidewalk lrutolhtion $200 000 $200 000 Libertv Street Local Irnnrovement Di>trid $170 000 $170000 UDDer Beach Street Local hnnrovement D:i:;trict $160000 $160000 Mi>cell.sneQ1.1S Local ImnroVJ:!ment Di>tricts $100000 $100000 $100000 $100 000 $400 000 Clav Street Local Imnrove:ment District $360 000 $500 000 $860 000 Waterline Road. Loc.:.1 Im:orovement District $220 000 $220 000 SlIbtotal Lo.al Tnmrovement Distri<ts $435 000 $530 000 $360 000 $600.000 $100.000 $100000 $320 000 $2 445 000 Storm Drains and Water Qualitv Improvements The City's Stormwater and Drainage Master Plan was completed in June 2000. The master plan specifically did not look at Roca Creek (due to the completion of the Roca/Paradise Creek Watershed assessment of October 1997) or Ashland Creek (due to the assessment and improvements listed in the Ashland Creek Flood Restoration Project, November 1997). The master plan did look at the other 11 stormwater basins within Ashland and identified existing drainage problems and proposed solutions. The planning completed for Roca/Paradise Creek and for Ashland Creek also had a list of improvement recommendations. The master plan deviates from prior master plans in that it looked not only at "in-the-pipe" deficits and recommendations, but it took stormwater planning to the next step with respect to water quality and addressed the City's listing as a designated management area on the Oregon Department of Environmental Quality (DEQ) National Pollutant Discharge Elimination Program (NPDES) for non-point source discharges into streams. Although accounted for separately, funding for the stormwater CIP and program are currently in the Street Fund. Staff intends to separate this into its own enterprise fund to better account for true costs to manage and run the stormwater and stream water quality program. Projects are funded through the stormwater impervious area fees and typically have an SDC allocation. Other funding options are similar to the street fund and can be discussed along with the Street Financing Task Force that will soon be formed. The City's Stormwater and Drainage Master Plan should be updated to address riparian corridor improvements, water quality and temperature improvements and anticipated impacts based upon the pending DEQ Total Maximum Daily Limits (TMDL) on sediment loading for our creeks. Staff has included an update to the stormwater and drainage CIP in the FY08 budget cycle and will update the SDCs once that is complete. The storm water SDCs were updated in 2001. G:\pub-wrks\adminIBudget\FY07 CIP Dec061CC SS CIP Discussion 04Dec06.doc Page 2 of 14 ,., STORM DRAINS FY07 FY08 FY09 FYIO FYll FYI2 FyI] Project Totals 'il.tater l.)uaht ... ImD:tl)1nl:l~nt:; - B.OL;U15!Fin.:aiill Al'e.;v $35 000 $35 000 $35.00'-' $35 000 $"'=;5 onn $35.000 $'~.~ 000 $245000 Alle'! - E. Main Sheet to Eihine Street Stunn Drain Line ReDhcement $150000 $150000 1m'!.:!. Sheet - S~n1:la.ll Sh-eet to 'Jle.;h-llu Street Stonn [Irain Line Imta.lla.tion $9u uuu $90 000 Lil:,,:!rl'{ Street - IO'Ni Street to Pracht She>::t Stonn Dnllt Line Irutillitic,n $SO.OOO $SO 000 Be.:..ch / M01J1lta.lll ~=leek' Id.:s.ho & Iowa. $175000 $175000 Be.3.Ch l M:Oll11t.un':reek' I: Street r Alleys $160.000 $160000 Be.a.ch J M01.111till1 (reek" Matis5~ l:ott~5 B St Y.;ad outfill HeI:;e'...!'St.:utlL"....e:z: $100000 $100000 $200 000 Beach r MOlll1hin Cl'eek' el1.el'2"')" / '..<-eloCltv ,lliinator $150.000 $150000 I)pen dr~wav imDro'lementS" I)&M Plm" (8:111.ete1". (k c:la.y(k F.RP"J: $7 5 000 $60 000 $60 000 $60 000 $60 000 $315000 Hm.., Vletla:nili IS" IU,:h flow ~Vl)'" $20 000 $100.000 $120000 Kitchen Creek ':hUU1€!l :tllodrlications $35 000 $35 000 $235 000 $305 000 SubtoW Stonn Drain.< $185000 $200 000 $290 000 $255 000 $230 000 $250 000 $580 000 $1990000 Airport The Airport is generally self supporting and is shown as a separate Fund within the budget. The Airport CIP projects are shown in the Transportation section for convenience only even though the Airport is NOT part of the Street Fund. The Airport Fund's revenue sources include fees/charges for hangar rentals and airplane tiedowns; Federal Aviation Administration Airport Improvement Program Grants (typically requires a 5-10% match which can often be met as a soft match using staff time), Oregon Department of Aviation Airport Entitlement Grants (no match required), and Airport Federal Aid to Municipalities (FAM) grants that are small in nature and require no match. There are times that larger Airport projects that are not funded through traditional Airport grants, may be initially supported by a City Enterprise fund, but that fund is paid back with interest by the Airport Fund. The Ashland Municipal Airport Master Plan and Layout Plan (2005-2024) was last updated in October 2005 and adopted by Council in July 2006. Staff bases entitlement grants and AlP project planning and grant applications on the Master Plan. Projects are typically defined 1-2 years prior to grant acceptance and are shown in the CIP as single line items. The FY08 Entitlement funds of $150,000 have been increased to include prior year's funds that have not been expended. Our total allocation is $227,900 and is slated to include funding a Super AWOS and paving the parking lot. Both projects have been approved by the Airport Commission and have gone to the FAA for their acceptance. More definition can be added to the CIP if Council desires since the Master Plan has now been adopted. Ain>ort FY07 FY08 FY09 FYIO FYll FYI2 FY13 Project Totals Entitlement Grants - F AAIODA & Federal Aid to Municioilihes do,;.n $227 900 $20 000 $IS5000 $20 000 $IS5000 $20 000 $657 900 Amort Improve~nh 'AIPl FAA Gr<onl $1500000 $1 500000 SubtoW Ahftort $0 $227 900 $20 000 $185 000 $1520000 $185000 $20 000 $2.137.900 Water The Water Fund is separated into three divisions; supply, treatment plant and distribution. Over the past several years, the water fund has paid for several major upgrades to the raw water supply and distribution sides of the fund. This enterprise is self sufficient and is paid through rates, SDCs and the large projects have been funded through Revenue Bonds (2003) which are repaid as debt through this fund. The Water Supplv division supports any "raw water" source and maintenance for that un-treated water. There are three raw water sources that are managed in this fund; water that comes from the watershed that is held in Reeder Reservoir (and includes the Hosler Dam costs), water from the Bureau of Reclamation (BOR) managed by the Talent Irrigation District (TID), and water the City has purchased in Lost Creek Lake from the US Army Corps of Engineers. In addition, the TAP (Talent-Ashland-Phoenix) Waterline is in this portion of the fund. The majority of the master planning efforts and water plans focus on water supply concerns. The latest update to the Comprehensive Water Capacity Study was completed in January 1999, yet has continued to receive updates as the TAP Waterline is in preliminary design. The two large projects in the CIP are the main transmission line replacement from the dam to the water treatment plant which is under construction at this time and the TAP Waterline that will ultimately bring treated water from the Medford Water Commission to the City of Ashland. Other large funding allocations go to the purchase of raw water intended primarily for potable use. Staff will bring to Council a discussion about the "right water for the right use" (tentatively planned for January 11, 2007) and has anticipated for additional costs to ensure this program will accomplish the defined Council goals. G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 3 of 14 ~., WATER FY07 I FY08 FY09 FYIO I FY11 FYI1 I FYll Project Totals Water S.~lv Talent A:;h1:Ul..i Phoeni::: PiDeline be''''Olld Talent to A:;hland I, .:3..n.1 resel",.-.ir I $225,000 $5.200 Don $5 425 000 Hosler [Iun - Shbilih' An.llY_"L; M f~otech $50 000 $50 000 H,-,-;],el' [lam Tr.:an:;uw.;ion L:ine ~r.h,~ement - F.:.eedel' to ';.~.r,:Lter Pl.:...nt $2 500 000 $2 500 000 Ashlmd I:reek \llest Fork Bl;,h'e '::ollitmdi.o:.l1 $100000 $100 000 Reeder P...esen'Dll Stud,.. $100000 $100000 :rhzht Vlater tOl' the :R"2ht Use PW:='T.ilU $50 000 :)50 000 $100 000 ') I 00,000 $100,000 'J;! 00 000 $500 000 Addlhoml W,ler R;,-hl, 'TID!BOR ,'nl,m, ele) $60 000 $60,000 $420 000 $540 000 Additiorul LO;jt I:reek 'l'.}l,3..ter Rl;rht$ $500 000 $500 000 Sublotal S1IODlv $1 97. 000 $110 000 $610 000 $.10.000 $100 000 $100 000 $. 300 000 $9.71..000 The Water Treatment Plant division includes all costs associated with treating the water to drinking water standards. The City's drinking water filtration plant received its last major upgrade in 1995. Since then, there have been limited evaluations at the water treatment plant which primarily focus on specific functions at the plant. In 2006, staff is looking at the process flow through the filtration plant to identify overall deficiencies and plan for these improvements. It is not anticipated that there will be significant plant upgrades needed, but staff does expect that there will be several smaller scale process improvements to ensure the plant operates efficiently and effectively to meet the customer's needs. Water Plant A,Jilind Creek E.,I & We,1 Fork Sill & Deb,is RelllO".J $20 000 $20 000 ChJ.OlU.dH""ochlorile Re""iremenl Review $200 000 $350 000 Shdze L-~omnd W.,le Line ImOlO'Te,nelll, $100000 $180000 Hosler Dam Seeuritv & Telemet",,. $35 000 $75 000 Plant Process ImDro~:ment:; r cmm feed... $O'h, a:;h. inst:mmenhtiol'L t1ucCl.ll.ator) $70 000 $200 000 $370 000 W.ler Tre.lmelll Plartl - ConslvJCI N...... Fill." 7 & 8 $85 000 $500 000 $585 000 ','l.ler Plartl Facilitie, Plart and C.pacily U od.le $175000 $175000 Sublotal Plant $390.000 $40. 000 $100 000 $8. 000 $.00 000 $0 $17.000 $1.7...000 The Water Distribution division includes costs of piping, distribution reservoirs and any pumping costs associated with moving the water from the plant to the City's customers. The City had the distribution system evaluated in 2002 and completed this analysis in 2003. The one area of focus for the water distribution system is on developing and maintaining a comprehensive water model. The City's system includes 4 distribution reservoirs, 125 miles of pipe, 35 pressure reduction valves and stations and 1131 fire hydrants. Lithia water pump and distribution lines are also included in the distribution system even though it is not a potable water source. Water Distribution Main Feoder Line Plartllo Crowson $0 Granite Sheet Waterline Re:-r.lacement - NutleV' to Strawb""nv to Pioneer $300 000 $300 000 Looo Road Re"l'7Oll and "Crowson II" $200 000 $925 000 $300 000 $4 425 000 ':rowson Road W.terw.. Reolacemenl Airoort & E, Main Slreel Looo $55 000 Tolman Creek Road W.lerw.. Replacemelll- Si>kivoulo Greenmeadow> $375 000 $375 000 Terrace Slreel W.lerw.. Renlacemelll - low. 10 TID Dilch $350 000 $350 000 W.lerw.. Un,i,;~. - M.nle Slreol Sce= Driye and Che,hrol Slreel $250 000 $250 000 W.lerw.. Reolacemenl - Strawbe= Pumo Stalion 10 G.andview Dr $500 000 $500 000 W.lerw.. Reolacomelll- Wimer & SurmYview $250 000 $250 000 Benson Wav LooD Wa.terline I:n:;t.&tion $140000 $140000 E1J.Clid. Avenue Wa.terline Renla.cement prosned Fern & Roca. $275 000 $275000 Si>kivou Boule'TaM W.lorw.. Replacemenl- Terr. 10 Mi>lleloe $800 000 $800 000 Lithia Watel Line renlacemenb $35 000 $35 000 $35 000 $105 000 4" W .10r Line Renlacemenb m.,ed on model re<llliremellb i $70 000 $70 000 Water Main Line Renlacements (based on model relJUirements) $75000 $75000 W.ler Modeli= and M.,ler Plart U od.l.. $10000 $10000 $10 000 $10 000 $10000 $75 000 $160000 Sublotal Distribution $.90 001 $169500. $74i0.010 $43. 000 $515 00. $3.1#.000 $:t:t0 000 $8 lJO.OOO . " III I III I III I I III III III III '.11 III G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06,doc Page 4 of 14 ~A' Wastewater The Wastewater Fund is separated into two divisions; treatment plant and collection system and is funded by a combination of service fees, SDCs, food and beverage (for the construction of the wastewater treatment plant) and a DEQ Clean Water State Revolving Fund Loan. The Wastewater Treatment Plant Facilities Plan was completed and adopted in 1998, and there have been several small amendments to that plan to maintain current regulations with the Oregon Department of Environmental Quality (DEQ). As you are aware, the primary focus at the plant through 2004 was the $30 Million upgrade including new process improvements (oxidation ditch carrousels), membrane tertiary filtration facility and the centrifuge and dewatering (biosolids) facility. All of these processes are working as expected and the plant should have no major upgrades for the next ten or more years. However, staff will plan to complete a Facilities Plan Update and will ultimately have to plan for capacity improvements for the 2020 timeframe. One additional item not currently on the CIP is biosolids composting. Staff would like to investigate the possibility of doing something other than hauling the biosolids to the landfill and will bring that to Council for discussion sometime in late FY07 or early FY08. Currently the CIP for the Wastewater Treatment Plant is fairly minimal, with the large item being improvements to the plant to meet thermal requirements. WASTEWATER FY07 FYOS I FY09 FYI0 I FYll FY12 T FY13 I Project Totals I Wastewaier Treatment Plant Wastewater T:reatment Plant New Membrane :section:; $300 000 $300 000 'Nastewater Trea.tment Plant Proce:;s ImDroVE!ments $150000 $100 000 $150000 $400 000 Tre.tment Plant - Thonnal Imnrovement, (DEO - TMDL 1 $225 000 $1 100000 $1325000 Tre.tment Plant Pennit Evaluation and Re~al $250 000 $250 000 Tre.tment Plant C.n.cit... Evaluation $250 000 $250 000 Subtotal Plant $460 000 $475 000 $1100000 $100 000 $0 $150.000 $250 000 $2 325 000 The Wastewater (Sanitary Sewer) Collection System Master Plan was completed in January 2005. The plan analyzed the capacity to handle peak wet weather flows for the next 20 years. The City's collection system is in excellent shape and only 5 major projects were identified and are included in the CIP. In addition to the collection system, staff will work on a Fats, Oils, and Grease ordinance to increase awareness of our uses, primarily commercial users, on the need for individual grease traps and minor pre-treatment. This will be brought to Council in 2007 for acceptance and adoption. Wastewater Collection S...tem A Street - Oak Street to 7th Street Wastew.ter Line Renlacement $300 000 $390 000 N. Main Pumn Station Renlacement $200 000 $200 000 Alle... Wastew.ter Line Realimment - E. Main to Blaine $150000 $150000 Wastew.ter Line Renlacement Oak Street - Lithia W.v to A Street $15000 $175000 $190000 Miscellaneous In-House Wastewater Line Renlacemenh $120000 $125000 $125000 $125000 $125000 $125000 $745 000 N. Mountain Ave Wastew.ter Line Re,l;~~.nt - Hemv to Bear Creek Trunk $175000 $175000 Willow Street Wastew.ter Line Realimment - Or= to Otis $130000 $130000 Bear Creek Intercentor Trunk Line Un,;';"" W;,-htman to Tolman Creek Road $30 000 $225 000 $255 000 Henev Stl'€!et Wastewa.ter Line Re...h,.".,'t11,:>nt - Pat1erson to Wa.ter St $115000 $115000 Collection SYStem Master Plan Undate $115000 $115000 In-house line renlacements and un,;';"" $60 000 $60 000 Collection SYStem un,."ade,iirnnrovement, (ner master nlanl $75000 $75000 $575 000 $000 000 $300 000 $285 000 $405 000 $240 000 $135 000 $2 000.000 . ~. I III 111 'I! I'll III III , 'I III ; 111 111 G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 5 of 14 r~' Electric Each year $325,000 is budgeted to finance costs incurred in providing electric service to new developments and redevelopments. In addition, specific projects are included that were identified in the Department's 2003 - 10 year Electrical System Planning Study. Projects identified in that plan will improve system reliability by replacing or upgrading aging facilities. One major project will be to move three feeder lines from the old Pacific Power Substation located on Nevada Street, to the new SPA Substation on Mountain Avenue. This is being done to improve reliability and also at the request of Pacific Power to begin removing some of our load from their facility. The SPA Substation was designed to add three new feeders and this is shown in the CIP in FY09, FY10 and FY11 as upgrading Low Side Distribution. Also starting in FY08, $100,000 annually will be dedicated to continue under grounding electric facilities in various locations throughout the City. In addition, completion of the underground electric line beginning in FY07 will provide a new redundant feed to our Water Treatment Plant. Replacement of old directed buried primary cable in Oak Knoll, Green Meadows, and Quiet Village is also included in the CIP. ELECTRIC FY07 fillS FYO!! FYIO FYll FYI2 FY13 Project Totala I:rutill New Sen.-ices & T:ran:;fonners $325 000 $325 000 $325 000 $325 000 $325 000 $325 000 $325 000 $2275000 U..ier=oo Eleduc Utilitv La", h"tillation - V.nr."" Loc.tions $65 000 $100 000 $100000 $100 000 $100000 $100000 $100 000 $665 000 Endo,e ODen EQlJiDmenl Bldz.t Se,..,;"e Center $220 000 $220 000 Install U>>ie=rnd Feeole. La.. to W.te. Tre.tment Plant .m Ho,le. Dam $30 000 $45 000 $75 000 Up",.oJ. &sa.." DlStrict Feeole. La", - Hel=rn Street $10 000 $10000 $20 000 U>>ier=oo U tilitv La.., - Oak Knoll S,lbdiruion $25 000 $35 000 $60 000 Electrical Load Shiftinz $70 000 $30 000 $100 000 Un;rr.oJ. Feeole. La.. - MOl1on Street $30 000 $30 000 $60 000 U >>ie.=oo U tilitv La"" Greemnemm Subdivision $2'; 000 $40 000 $35 000 $100 000 Upn.oJ. Moont.", Avenue SlJb,tation Low Side Distribub,n $60 000 $50 000 $135000 $245 000 U>>ier"""""" Utilitv La.., - Croiet Villa;!:e S,lbdiruion $100 000 $100000 U >>ie=OlOO Oak Street Trilllimis,ion La.., $60 000 $60 000 . ~j i, of " , ': " :i III Telecommunications (AFN) The Ashland Fiber Network (AFN) system or network consists of 17 miles of fiber optic cable and more than 90 miles of coaxial hardline cable that serves 39 optical nodes. Each node feeds up to three active devices (amplifiers, mini- bridges, etc.). Additionally, there is a 12 mile fiber optic cable running up Highway 99 to the Qwest Central Office in Medford. This fiber is jointly owned by the City of Ashland and Hunter Communications. Very little preventive maintenance has been performed since the original build out of AFN. "Maintenance" has been limited primarily to repair work due to inadequate funding resources which also affected any significant upgrading of AFN's infrastructure since construction began eight years ago. This CIP includes planned replacement of major network components; new product offerings; tools and equipment needed to properly maintain the system; and planned maintenance. This also includes a link with the Electric Department for undergrounding some of the service lines. Funding for this not yet adopted portion of the CIP is anticipated to be through fees and rates. AFNiTELECO~DmTIrrCATIONS FY07 FYOS FYO!! FYIO FYll FYI2 FY13 Project Totala 802.11 b Wirele" BW1ioot $15000 $15000 Cable Moolem Tem1ina.tion S~tem (CMTS) $125000 $125 000 Routers $20 000 $20 000 U >>ie=rnd Machine $23 000 $23 000 ODtical Time Domain Ref1edomete. (OTDR) $11 000 $11000 Distribution .m Cable Em,;nment Instillation $120000 $120000 $120 000 $120 000 $120 000 $120 000 $120000 $840 000 U ndenzround T elecommunic:.a.tion Lines Installation - V.ui.ous LOCiltions $25 000 $25 000 $25 000 $25 000 $25 000 $25 000 $150000 Network Refresh $10000 $10 000 $10 000 $10 000 $10000 $10 000 $10 000 $70 000 Fibe. to the Premise (FTTP) $50 000 $50 000 $50 000 $75 000 $75000 $75 000 $75 000 $450 000 WiMax Denlo=-nt $100000 $100000 $10000 $10 000 $10 000 $10 000 $240 000 SlIhtotol AFN i T.lecommunk..ti..... $374.001 $305 001 $305 000 $240 000 $240 000 $240 001 $240 001 $1 !l44.001 G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 6 of 14 r., TechnoloQV The Technology portion of the City's budget provides for planned replacement of all hardware (desktop and laptop computers, servers, printers, etc.); software licensing and upgrades; and new software purchases. The CIP portion looks at capital expenses (one time purchases and planned rotations of hardware). These expenditures are primarily from the Central Service Fund through internal charges. TECHNOLOGY FY07 FY08 FY09 FYIO FYll FY12 FY}:] Project Totals Desktop and L.it:,toP Pl.al'Uled Renbcement (25'>'., Awtu.illy) $75 000 $7 5.000 $75 000 $75 000 $75000 $y,mo $75 oon $525,nOO Printel" PlllU1.ed Red!l.l::ement $25 000 $25 000 $25 nno $25 000 $25 000 $25 000 $25,000 $175000 ~elYer Pl.:mned F.enh.cement $10000 no,ooo nO 000 $10 ann $10.000 $In 000 $10000 $70 000 GIS Sna.tial Data'ba:;e El~ $50 000 $ '0 000 $50 000 $50 000 $200 000 Ma"or Sot1>......lle Pul....h.sses $60 000 $60 000 $60 000 $180000 SuLtotal Te.hnolo $220.000 $llO.OOO $160 000 $170 000 $160.000 $llO 000 $220,000 - I Administration - City Facilities The Administration portion of the CIP includes all of the City facilities that are not included in enterprise funds. Funding for these projects is typically through General Obligation Bonds, other borrowing or grant funds, property taxes or the City's Facilities Use fees. At this time there is no true City Facilities Master Plan. Staff intends on updating the City's space needs analysis and will bring to Council the facilities condition analysis. It may be appropriate to form a City Facilities Evaluation Committee to look at the space needs determination and the facilities condition analysis and form a plan for future City facility upgrades and financing options. Although the recent bond measure for the Fire Station was unsuccessful, the need for a change to Fire Station #2 is real. Staff will bring back a proposal, so the dollars shown are for initial planning purposes only. ADMINISTRATION, City Facilities FY07 FY08 FY09 FYIO FYll FYI2 FY}:] Project Totals Citv F""ihtv U oeraile, & Mainte"""". $100000 $100 000 $100000 $100000 $125000 $125000 $125000 $775000 F""ilit;", Pillminz. SO"". Ne.d> Analvs;, md F\mA;.. Ootio", $75 000 $75000 Police Parkin>? Lot Exoan:;1on $85 000 $85 000 Council (hamber':; imnrovemeuh $300 000 $300 000 A,duve &Jildin>: Co",truction $100000 $1400000 $1 500000 Police DePIDment &,;lA;.. Im~rovemenb $200 000 $550 000 $750 000 Fire Station No. 2 R.ecoruhuction $50 000 $2 500 000 $2 550 000 $5 100 000 Lon~ Term F""ilih., Renlacement $1000000 $750 000 $1750000 Citv F""ilit;", U~~aile, - bas.d ona F""ilit;", Pion $400 000 $400 000 $800 000 . . ,n . I '1'1 ,i II! : !.I I II! III I ,.11,1 III Parks and Recreation (CIP shows City fundinQ onlv) The City funds $200,000 annually to the Parks open space acquisition fund which is paid through the parks portion of the food and beverage fund. Grants, Parks SDCs and general funds support the parks development projects. PARKS & RECREATION FY07 FY08 FY09 FYIO FYll FY12 FY13 Projec1 Totals Op.n SO"". Acmllition I Park Develo~ment $200 000 $200 000 $200 000 $200 000 $200 000 $200 000 $200 000 $1400000 N. Main md See";" Park Develo~ment $75 000 $75 000 $75000 $225 000 Vo..1 Park D.velooment $100 000 $100000 $75 000 $75 000 $350,000 Calle Guanam..to Imnrovement, $75 000 $75.000 Ice Rink Cover R.enlacements and Imnrovements $200 000 $50 000 $250 000 Oak Knoll I . ation ReDlacem.ent $250 000 $250 000 $500 000 . . . . . . II III till III "II III III Iii III , II Iii :11 III G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 7 of 14 r., CallitalllllllrOH'lIIents Plan 2tl1l7-2tl13 ('onstmctiol1 Y('ars ,'I..I';\JI\~)~~J' ~,,'_i()f~ HIlS ~hdh:~, t.~:~ .1'~,gJ~_>~_!~'_~~U5i::~_~.:.l\.~.I.fd BC:Jdl:\lo':;<;:j '~"rth ,\~hl;lIld Hi}';.;:...,,",,)' Fh It (etU131 .;..hLllld BikC\":a~ U ";11 cd ~ Oal"Stlt~lh, "Ih ')jn.:d.'(h,;da~ per P\,t..; ,\~Il.cd - ():lk ~tl'ct;l hI 1 ~I Sln.:d:On:t..l.a.yp~)l~'IS _~}~__~_~_i_l ~ :~~!~~~ . .N utl ey I.., Pit\I~~~!...~.~~.r;y,~. ~2~'_l;_~1_~_~'J~_~!_}:~}_:~ i 'f.ng~~~i~'I_~1\:E~!g.lti')Jl Ail Quality 1.c'\.lAOi Street Impl"v~llIWh' (- .'t: l:lllcka Cro:-;~ill~,ll,nr:}' \1njn (5)~');IIcl,t:yl.a1U-d 10lJ.1: Ued.: ,~. W:III~..:, Ill.! J l; It Cl. ~ l'::l.~t.~-~_~~)L~t_~_~_~~I_~~~I_I}~..yJ~~~ p.~[_al_llllll' . () E( 'I)D) a~lCl R~d~ ('.r~al~('11 11cl~c; Street r'C(~~..lrian, <..:,::Jfety lI~lJ.H,~vo::mel\t:, Mi~\:dt!Ilt:~..~.I,:'. 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[ute!')e';1i?u Sar~~L~-'~lpr~I~_~rn(I1b ('Iak Sired. i..thin \'/ayt\)B:ailr~):ld Tra..:ks pel PLVlS ,__>l)~!I::~,~\~'_:~I.I~,~,,~.~~~~^~~.~~~.SI '~l Siski:\I,ll}~~~':~p:~:J)~[S .. m?~,~_~_I_~_L!~~~~~.L~t~~.(~ ~t 11)1tna~_~~~5(k J~_~~_;l,,1___~~,_5i~.h~,~~~I_.I_~.~.:~~ C\;~ (1 Si~l1al In'jtalla'~e),I,}__a,t Oak ~tT..:d &, ncr~e;; SUr:r:t ~t'rt-.t'1 hU.)~(J,,~ll'lf'IHS I~~r PI\lS (~u:d hIll "1)Ntd ';250 noo :.re:dr) :"c\';J\la Street Ex.t'll~i(ln & Ihidgc (\'Il~'ttlo.;tJl'U, Ih::m Clt,;t:k t,-, \lllllut:\in A\-~ j_.~?~,".."nt..n,~~"rl~l.J~!.~_~=,--~lL_ li.'~~';~i".i;~~.'~'I')~'~~l!fU .l)ist..i(.t!i . ~ot~: .Cosh shm..ru au~_~_~~~I,)J~C)jt'(:tl'O\h, City ])Ortion ".U'i~s {av~. -1(00) Sidev.'alk . Nc\'fHla Stn:d; ISP ~l.:h(l\)l H'nk" .... . ...._.....------------------<--~---_...._........--,.. .~!,l_~.~,~~.~.~,~~~~d 8: .~,~!,~, ,tl:!A,~_~~~t!.~1,.;,~L~j,~'~~',~',~,Cflll.' II Pi ,hi d .1'I~J~~.\\'(llue L..)~al IIllP~',')\'~mcnt I )l.:trtcl I Laurd She..:l Sidewalk In~1allatinn li".~-~!!i:""~.~~~~ L'-'lcal In~Q~'~~~~mcnt l!"~~~~~~_,_________~ ! : pp~~ .~~~~!':!~",~~_r~~!.;!.::'~,~,~,!~~11~:(~\' ~ III all l:~511i,~! i....~ 1.~c~11<l~\ <<: 0 11S ,~,~:(),~~ ,~l,ll'~:e~y em(J ~t. [)'l'tllcts :,___~,~!.;tI..?,!!.,~~~).::5!c~ ]n:..IF.!.~1~~1.1,),..:,~!!}~,i_~_~li~_!______'__'_ . m' :1 \Vaterlin( J{\)ad Loe:!l ~,-w-emcnt Dj..tll..::t r-----:=-::=--------s~bl.;;;;il:;;~ F\ B l'roj<<ll:OI.b] ......~i~(ii~~l SLJ' ,O(Xi $100,000 ...__~2o.,QQQ !l_~llQQ SIUO.OOO S<IOO,OOO ..... ....~>O,OQO ................~E()"P..(~~ no' 1'\'09 F\'lI HI2 r\B F\08 nlll '530.000; 'IJ,.O,O!lO d(;'lun 11"an' 5'2-';;.000 S I r"l/jij) SL<>;OO.110il Sl(x.'.o~n Sl"Ci.UCO SI()J,(ii)J $l{"'f..l~,ln $Ino.ooo, $1 '0.000; '52';;.000 ; \140,(100 $280,000 '1190,00(1 S2;O.OOO , S~<O,OO() ~',068 ,000 S I ,'~~,OOO $1,870.000\ 1'\08 1'\'09 nlll nIl f\l1 . S15f;.C()O; $L"O'!.'O' SI.."OO,(:()Ol S-~O.(,)O SJ,(lOO,OOO, S1,.U,OOO $1.:--:00.000 $1"1011,1100: $ HXHX)O , \stORM [lll~~ I \V at~l~ .Q"l~,:)(,j.!l~__~~_!lP~:~~~.~~.llellts . Basill~ ~ IJ~:I.~~__..:'~:~_~_~ I .-\lIey. E. ~Iain Street h'l Blaine Street St,-)1111 Drain Line R..:pl",.;(:tHCllt r 'I~'~~'~-~S't;~~';~~"s'i~'~'~~~ 'St;:~'~t't'~~" (i'~~'~i;~~';~~S't-~:~-~'t"St~;' ~~ 1)1; l~ "i'i';~~ 111~. all all Nl j ~~;~l:)' ~~;:::l~:\~~:'C:~:;:I~~Ptl~o.;;~~~;t~~1~"\1111 Dnun Line laganatit)I,) tl-i~~;~'l~'::' ~1{\tln~~-(::;:~~"i~~--C::-S-tt-~-;t-:;--:\ji'~...~ '",,~~, a~,~i__~'1(lul~~~S'r~~,~:',,~~l:ltis~c,r,~~ta2(".J\f;t Y:"nl '-"t~q~,l, Htrst.-y.iSllu tl..1wer t_~~5~~t~,__~\)~~~t;i"~1 ('~~~~;",~~~i)~~~__~!Y~~!I.tli~i~)ato~' I Op~~~l~~~~e~aY~~I.?\iclllent~. O&~I_Plan. (cnld~:L (k, da}: ( k,---.B!3:.!~31k Hel;oC\ v.,'etlands; J~f' lul!:h He)\\' b\ pass t,,-~~j,~~,!~;~~, ~.,:~-c:~S~I~~~~~..~;~~i, ~,~,~,~,?-~\~ L _ ...... .______..._.____....._......_ r~~~L~~ l;;;~~F~~D~~~~~"m AId: - j .'~,~,~,~~~!".~.!1E!.I),~,~I~~1.~~(~~,g>l}":,~A,~~.~~!'t I I I I j L II Ill. f S'; J)()()~__ ____ S11"-lotal St'!!U D!ainsl _~18:.~r~~~z_~.oooI -- ---- .. "'~~f~~~~~l- ~:~~<ij)' Subtotal Alrp_llI't.. .. $J60,OOO ,.'1100,0.00.1 SIOCIOC)O f I StQ9J?()Q SI5o,oooLS.1:\(),(J()() ._ S60,O()()~__ .mSOO,O(() 1- $6O'!)()Or . ""p1_5,(j()O s:J5illi<)ri~,~~t~;;~~r .Ji~~~~ _.S2JO,OIlOL_...g.~,l)(I~l___~JlOOL... __ S.h9~,ooo ITll-T-- FYIZ- -rITI3-. r-p;:"L<<iEotlll'_ sio,oool... S 18' ,000 '''''''Sio:ooo \ $6$ 7.900 SI}(X\,O()')~ .,. I H.S,UOQll()O $l.~1O,OOO $2,137,900 S90.000 SI60,OOO S60,OOO S190,flllO...L_~~~5.,ooo I _ "'-h'~ --[- FYIO SlO,OOO SI85,OOO, so szr: ,900; $ZO,~ $18~,ooo Pl'(~~('t'l~'l"l,s ..1 . . . St')l $1 9U,: 01'10. ., ,,, i ~IIO,()()l)1 SJ 1 "noli I SJ~u~o(~).l 5100,000 $32'-:'.0;)(11 ';)O(),Oi~)! Sl<;ODOO! ')1"0.000. ~~:i;:~l S70DJO\ $~i8iDOO; S20'DOO] Sl.WJ)I)(,! ..... ......$50,0601 $.2x\),oO\)! $190 OlXl! S2~O.01.jOi S2;O,OOO\ s<oo.OO" $E~~~~1 P;~j;:'! i ~1~1. WI JP.5.ooo ' ~J5f)Jll!) $90,000 $,,"})Jl) . " I I Page 8 of 14 G:\pub-wrks\admin\Budgel\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06,doc r., Capitallllllll'ovements Plan 2007-2013 ConstJ'uclion Years -~ ~ ~~ Talent, A:,l-JanJ, Phoenix Pipeline b(YQr~ Talent h1 A~~and rand rc!'crVl)ir) ~.2!;::r,i!O_ U2,200,Qll!l~_J~.'l25,OOO Hosler Darn. Srabilit\, Analvsis - Geotech $'11000 I $50,000 L Hosler Dam Transmission Line Replal.:ement - Reeder to \Vater Plant '''''""' -~- $L500,000 ~lland CI~7ek \Vest Fork Dlidge Constl1.lctillll --- $1000001- I t---~:- $100000 ~!' Reserv.)ir Study -$IOI)OO;I1~ $100,000 Right \Vater for the Right Use Pro/!ram 1- ~--=--1 ~s.'.o.oool $;0,000 $100,000 $100,0001 $100,000 \ $I00'OOOF~::6~ Additional \llate!-B)~hts (lID/BOR s\--stem, de) I $60,000 I $60,000 $~20,000 I --- Additional Lost Creek \Vater Rirr:hb I I $500,000 I $500,O_QQ. Subtotal Supply I $2.9~5.000 I $110,000 I $610.000 $520,000 $100,000 1 $100.000 I $5.'00,0001 $9,715,000 'tV..ter Plaut l -~ Ashland Creek East & West Fork Silt & Debris Removal $20,000 -.--J $20,000 CWOline!Hypochlorite Requirement Review .--"-.- $200,000 $3 50,000 Sludge La~oommd W::Jste Line Improvements $100,000 $180,000 ~~r Dam Security & Telemetry ~-- ~- I_mmmm. $35.000 __u._ ~--- ~ $75",-000 -~-_.---'-'-- - Plant Process lmprovcrnents (chern feed, soda ash. instrumentation, tlocculator) $10,000 $200,OfJ(J Sl70.ooo Water Treatment Plant - CtmstructNewFilteTS "7 & 8 $85,000 $500,000 $585,000 ~~!~r Plant F~ilities Plan an~ Capacity ~Tpdate ----- ----- - -- - !-- -- - - ~ -- I-- $175,000 --------- $m,O~~ S..btotal Plant $390,000 MIJ5.000 $200,000 $85,000 $500,000 $0 $175.000 $1.755,000 \Vate-r Distriblltim ~- .Main Feeder Line Plant to Crowson $0 Granite Street Waterline Replacement. Nutley to Strawben)' to Pioneer $300.000 SlOO,OOO Loop Road Reservoir and "Crowson II" $200.QO~ ~$915,OOO $300,000 ~ $4,425.000 ~- Crowson Road 'Waterline Replacement, A.irpOlt & E. r."Iaiu Street Loop $55,000 Tolman Creek Road Waterline Replacement. Siskiyou to Greemueadows $375.000 Sl75,000 Terrace Street Waterline Reulacement - Iowa to 'no Ditch $350,000 Sl50,OOO Waterline Up sizing - Maple Street, Scenic Drive and Chestnut Street $250,000 $250poo Waterline Replacement. Strawberry Pump Station to Grmuhriew Dr $500,000 $500,000 Waterline Rcolacement - 'Wimer & Surmvvlew $250,000 $250000 Benson Way Loop Waterline Installation $140,000 $140,000 Euclid A venue Waterline Replacement, Prospect,. Fem & Roca $275,000 $275,000 Siskivou Boulevard Waterline Reulacement . Terra to 1.1istletoe $000,000 $800,000 Litrua \Vater line replacements $3 ;'000 $35,000 $35,Ocr) $105,000 4" Water Line Renlacements (based on model n::/lluremellts) $10,000 $70,000 Water Main Line Replacements (based onmodcl requirements) $75,000 $75,000 Water Modeling and Master .Ran Updates . $10,000 $10,000 $10,000 $10,000 $10.000 $7 5,000 $160.000 S..btotal Di.tribtlti... $590,000 $1,695,000 $760,000 $435,000 $585 000 $3$15.000 $220 000 $8,130,000 . , Iii , I 11-1 111'1 I I HI :-;;. III III " III ' .11111 W ASTEW ATER FY01 FY08 FY09 FYIO I FYlI FYI2 FY13 PrQject T ota\. W astewate-r Treatm~t-Plam Waste-water Treatment Plant New Membrane sections $300,000 SlOOooo Wastewater Treatment Plant Process Imps'ovements $150.000 $100,000 $150,000 $400,000 Treatment. Plant - Ihermal hnorovements (DEQ . TMDL) $225,000 $1.100,000 $1;l25,000 Treatment Plant Permit EvaJuation and Renewal $250,000 $250,000 ~~nt Plant Capacity Evaluation -~- ---~--- -- ---- ------. --- ~--- _g50,000 ---~ Stlbtotal Plaut $450,000 $475,000 $1100,000 $100 000 $0 $150 000 $250,000 $2.325 000 Wa.tewater C oDd... Sw.t.... A Street - Oak Street to 7th Street Wastewater Line Replacement !.""r,' $300,000 Sl90,OOO N~ Maill Pumo Statio.. Reolacement $200,000 $200,000 Alley Wastewater Line Realignment - E. Main to Blaine $150,000 -- --~--. --- -- ~g~ \Vastewater Line Reulacemelll O~ Street - Ltlua Wav to A Street - $15,000 $175,000 $190,000 :Miscellaneous In-House Wastewater Line Reolacements 5120.000 $125,000 $125,000 $125,000 $125,000 $125,000 $745,000 N. Mountain Ave Vlastewater Line Realigmncnt - Hersey to Bear Creek Trunk $175,000 $175,000 Willow Street Wastewater Line Realigmnent - Oranp:e to Otis $130,000 $130,000 ~~~~terceptor Trunk Une ~~izi!!!~i~htman to .Iolman ~eck Roa4_. ~-~~-~~~~~~- m__ -.----- ~_tJO,OOO ~~2Q()0 - ---. $255 000 Hersey Street Wastewater Line Realignment - Patterson to \Vater St $115.000 $115 ,000 Collection System Ma>ter PI"" Update $115,000 $11 5,000 In-house line renlaceme.nts and upsizin", $60,000 $60 000 Collection System up2I'ades/improvcments (per master plan) $75,000 $15,000 $575:000 $600 000 $300 000 $285" $465.000 $240 000 $135000 $2~00~ I I I I II II = III III 'II : II G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06,doc Page 9 of 14 ~~, Capital hUIII'ovements Plan 2007-2013 Comtruction Years SJO.OOO $[.0,0(](] $l~ ,000 . ~,70 ,000 I $45.000 $W,OOO $35.000 $30.000 $30.000 $25.000 f'YIO I FYB Project To,al, $325D(]O $325.000f $325.000 $325.000 $325,OooF-:$2.~75..oo0 $IOU.OOO $Ioo:~ $100j $l(]O.OOU! $100.000 $665.000 [====:l== j . j,,$13O'ooo ""'"'t:=t-=-l J1 .~J- l~~ $40.0001 $35.000 $100.000 $6o.0(iO~o.ooo $135.000 --. $245,ooO I $loo.OOO $j(]0.000 $60.0(](] Imtall N<:w SeIvi~e!' & Transfonners Underground Electric Utili' Lino::: Installation - Various Locations Enclose;: Open Equipltlt':ut Bldg at Service Ccntl:l InstaH Undergroul1d Feeder Line to Vv'ater Treatment Plant and Hosler Dam '(Tpgradc Business DistJict Feeder Line. Helman Street Underground Utility Lines. Oak Knoll Subdivision Elect~cal Load Shifting .__._._.___________________ I U fade Feeder Line - Morton Street lJtlderg~o~!nd 11tility Lines - Greemneadows Subdiv~s~~_ U rade MOlU1tain Avenue Substation Low Side Distribution Under round Utilit . Lines - Quiet Villa e Subdivision Undergronnd Oak Street TrmlSmis!iion Lines . $32".000 $tOO.OOO . 111 dll11 III , ! III ,111'l 1:1 HI AFN! TEU;COMMUNICATH lNS n07 I f'YOS I FY09 ~O FYIl FY12 FYl3 I Projec-t Totals 8Ol.lIb Wireless Buildout $15,0(](] $15,000 Cable lvlodcm Tenninatioll System (C'MTS) 5\2;,OOO $\25.000 Routers 520,000 $20.oo0 I Underground Machine $23,OOO $23.000 Optical Time Domain Rdlectometer (OIDRl $11,000 $11.0(](] Distribution and Cable Eauioment Installation 5\20,OOO $120,000 $\20,000 $120,000 $120.000 $120,000 $120,000 $840,000 Undergronnd Tel econununi cation Lines Installation. Various Locations $25,000 $25,000 $25,000 $25.000 $25.000 $25.000 $150,OOO Network Refresh $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $70.000 Fiber to the Ptemise (FTTP) $50.oo0 $50,000 $50,000 575.000 $75,000 $75.000 $75,000 5450,000 WiMa.'..: Deployment $100.000 $100,000 $10,000 $10,000 $10,000 $10,000 $240,000 Subtotal AFN / T eleconumuUcations $374,000 5305,000 $305.000 $240,000 $240,000 5240 000 $240 000 $1 944,000 TECHNOLOGY FY07 f'YOS FY09 FYlO -~ FYI2 FY13 ~~~ .- ...~- .:..~ - Desktop and Laptop Planned Replacement (25% Armually) $75,OOO $75.000 575,000 $75,000 $75,000 $75.000 $75,000 $525.000 Printer Planned Replacement $25,OOO $25,000 $25,000 $25.000 $25,000 $25,000 $25,000 $\75,000 Server Planned Replacement $10,000 $10,000 510,000 51O.0oo $10,000 $10,000 $10,000 $70.000 GIS Spatial Database Enl)ine $50,OOO $50,000 $50,000 $50,000 $200.000 !via'or Software Purchases $600(](] 560,000 $60 000 $180000 Subtotal T edmolol[1 5220,000 5110,000 5160,000 $170,000 $160,000 5110,000 5220,000 51,150,000 . . I . , . t' I . . III 11,1 111 II!I !llll I III II III I' HI ADMINISTRA nON, Cltv Facilities FY07 FYOS }'Y09 FYIO FYIl FYI2 FY13 PrQject Total. City Facility Upgrades & Maintenance 5100,000 $100,000 $100,000 $100,000 $\25,000 $125,000 $125.000 5775,000 !Facilities Planning, Soaee Needs Analvsis and Funding Ootions $75,000 $75,000 Police Parkin~ Lot Exnansion $8; .000 $85,000 Conncil Chamber's improvements $3OO,OOO $300,000 Archive Building Construction $1OO,OOO 51,400,000 51,500,0(](] Police Dc:uartment Buildinu Imorovemcol.s $2OO,OOO $550000 5750000 Fire Station No.2 Reconstruction 550,000 52,500,OOO $2.550,000 55,loo,ooo Lon2 Teml Facilities Replacement $1,OOO,OOO $750,OOO $1 750,000 City Facilities Uop:radcs - based on a Facilities Plan $400,000 $400,0(](] $800.000 I I Ii'! 1111 IIII 1 I III III 11,1 PARKS & RECREATION FY07 FYOS FY09 FYI0 FYIl FY12 FY13 Prolect T otah Open Space Acquistion! Park Development 5200,000 $200,000 5200,000 52oo.000 $200,000 $200,000 $2OO,OOO 51,400,000 N. :Main and Scenic Park Development 575,000 $75,000 $75,000 $225,000 V ogcl Park Devcloument $100,000 $100,000 $75,000 $75,000 5350,000 Calle Guanajuato Improvements 575,000 $7S,OOO Ice Rink Cover Replacements and Imot"ovements $200,000 $50,000 $250,000 OakKnolllnigationRenlacement $250,000 $250,000 $500,000 I I " I ',,111,1 III 1II11 II I 111,1 r\"r~\LCn" D'\'Fl( G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 10 of 14 ~.t. 1 Update on Current CIP Projects: I I. Ie: '" 'l~ I~ ~, '" \" '" i ~ 'i:' ~ ., >- ; .~ ~~ ~~ ., c Ei => ., U ~f'-. .. 0 c..' s:g ......0 _ N ~~ ~r--- c..o ~>- U~ I~ Ii I=.; ,u I~ I~ I~ ,~ 1]) I ~ ~ i~ ;; I~ ~ 1-", 'Iii' g-g ~ 0 If{ IS 1 ,[;: j o .... -;- g. 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V> G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Jj ~. 5. :s .:.. : ~ .:.. ~ ~ e v :2 ":l ~ E " ,::; ::1 '" ~ ~ '- '" .~ ~ ~ ~) :is 'E '" " .s. = &" o '" .f:- ... 45 ~ i ;.i: ..._? '" .... " '" ~ ~! ~ ~ ~'I e '.... ". ~ c 'Z; ! -= ;.. If:l'i ..= I ~ -I~] a ~ ? ~ ~ i'i '" !~ jg ,'" I ~i '" 1 - I:~ .::: I~ i~ r~ . :2 !~ ,," i~ !.~ I~, i~ !;::.. :1 If!. l~ 1,....i I~ '" !~ I oJ.. 11 1 ~, l.g I:: ~l ~ " .~ i .: :: E " ;; '''"' ~ ;:: 1-0 11 :9 ... . " ~ i .5 '" ~ll .S ;g ~ ~ " "' e < -,; a * ;.. en " o 'l\j ,~ Page 14 of 14 ~A' Council Communication CITY OF ASHLAND Approval of City Charter Ballot Measures Meeting Date: Department: Contributing De Approval: Estimat Statement: At the council meeting on February 6,2007 council reviewed the draft ballot measure language for the revised city charter and city manager and requested changes in the explanatory statement. February 20,2007 ministration ments: Legal Primary Staff Contact: Ann Seltzer y!J ann@ashland.or.us Secondary Staff Contact: Mike Franell franellm@ashland.or.us inutes Staff Recommendation: Approve the ballot measure language and direct staff to send to the City Recorder for noticing by March 8 and to the Jackson County elections office by March 15. Background: A review of the city charter was a 2004-2005 council goal. A charter review committee was appointed during the summer of 2004 and presented its final report to the Council on July 19,2005. At the council meeting on December 1, 2005 the Council agreed to move forward with a revised city charter based on the Oregon Model Charter and to incorporate recommendations of the charter review committee with the exception of the recommendations #1, #2 and #4. Council agreed that recommendation #1, shifting from a city administrator to a city manager working in partnership with the Mayor, would be drafted and presented to voters as a separate ballot measure. In addition, Council expressed interest in the committee's recommendation to study the issues of the city recorder and municipal judge as well as councilor salaries. The City Council held a special meeting on February 16,2006 and a study session July 13,2006 to discuss the charter. At the October 3, 2006 council meeting, the council adopted a schedule for placing the two charter measures on the May 2007 ballot and to release the draft for public comment. Council Options: . Approve the ballot measure language and direct staff to send to the City Recorder for noticing by March 8 and to the Jackson County elections office by March 15. . Attach ments: . Draft ballot measures Revised City Charter and City Manager . Explanatory statements submitted by Don Laws . Draft Revised City Charter . Draft City Manager Amendment . Existing City Charter 1 Ballot Measure Language Revised City Charter Caption: Adopts Revised Ashland City Charter Question: Shall Ashland adopt a revised city charter which removes sections superseded by state law and references to funding? Statement: The proposed charter updates provisions to be consistent with the Oregon Constitution, laws and court decisions. It eliminates tax levy references within the charter, such as levy authority for the Parks Department and the City Band, that have become obsolete due to voter initiated changes in Article XI, Section 11 of the Oregon Constitution. The proposed charter also removes provisions defining the boundaries of the City; governing election procedures; relating to property tax levy procedures; and relating to bidding public projects, as these provisions are all governed by state law. In addition, the proposed charter eliminates specific dollar amounts, such as City Recorder, Municipal Judge, Mayor, and Council salaries. The proposed charter retains provisions specific to Ashland, including current language guaranteeing public ownership of the water rights and water system, provisions that guarantee separate police and fire departments, and the amendment adopted in November 2006 that requires voter approval of a real estate transfer tax. THIS IS 155 WORDS Explanatory Statement: This measure revises the Ashland City Charter. In 2004 the Mayor and council established the Charter Review Committee. The committee was directed to conduct an independent assessment of the existing charter, last reviewed in 1978, and, if necessary to draft a new or amended document suitable to "serve the community well into the future". This revised city charter is based on the Oregon Model Charter, which was developed by the League of Oregon Cities. The model charter clearly identifies the authority and accountability of the City and reflects current state law. Under this revised charter, the city retains legislative home rule constitutional power as in the existing charter. The revised City Charter retains the portions of the current charter that preserve the specific history and character of Ashland. For example, the charter that would be adopted by this measure continues the independent election of a Parks and Recreation Commission, City Recorder and Municipal Judge. The charter preserves the City Band, retains language requiring public ownership of city water, maintains separate fire and police departments, and includes the hospital, cemeteries and the airport. The revised charter also includes the measure passed by voters in November 2006 requiring a vote of the people before a property transfer tax can be imposed. This measure does not change the form of government. The Charter Review Committee recommended that the City change from a Mayor/Council form of government to a Council/City Manager form. The change in the form of government is presented as a separate ballot measure. This measure eliminates funding requirements from the charter. The current charter mandates certain funding levels of the city band and for parks and recreation. The current charter also contains a formula that sets the salaries for the elected judge and recorder. In addition, it removes reference to the Mayor salary of $500 per year and the council salary of $350 per year. 1 If this measure passes, the spending and salary levels will become a part of the City's annual budget process. The revised charter also eliminates language that is in conflict with the Oregon Constitution, law, or court rulings. For example, it eliminates tax levy references within the charter, such as levy authority for the Parks Department and the City Band, that have become obsolete due to voter initiated changes in Article XI, Section 11 of the Oregon Constitution. In another case, the revised charter no longer contains a reference to the City's boundaries because those are now set according to state law. The last major change is that the revised Charter contains a new provision that requires the City to appoint a committee to formally review the Charter every ten years. 466 WORDS Ballot Measure Language City Manager Caption: Changes form of government to a Council/Manager form. Question: Should the Ashland Charter be amended to change from a Mayor/Council form of government to a Council/Manager form of government? Statement: This proposal changes the form of government. The current structure of government in Ashland provides the Mayor is the chief executive officer of the City. The Mayor's powers include appointment, supervision and removal of City department heads and presentation of the annual proposed budget. The Mayor is supported in that role by a City Administrator. If this amendment is approved, the City Administrator position would become the City Manager position. The Mayor would continue to serve as the political head of the City. The City Council would continue to serve as policy makers. The City Manager would be charged with carrying out the policies established by the City Council, and would have the responsibility and authority to of hire, supervise and remove City department heads. The Manager would also be charged with preparation and presentation of the proposed annual budget.. Language is included amending either the existing charter or the proposed revised charter. Total word count: 154 Explanatory Statement: This measure changes the current form of government from mayor/council to council/manager. Passage of this measure retains the Mayor as the political leader of the City. The authority to appoint, supervise and remove city department heads would transfer from the Mayor, with the consent of the City Council, to the City Manager. In the current city charter the Mayor is the chief executive officer as well as the political head of the city. The City Administrator provides administrative support to the Mayor. In the existing city charter, "the Mayor with confirmation of the council shall appoint a City Administrator, City Attorney and such other officers as the Council deems necessary." This measure removes that language and would read "A majority of the council must appoint and may remove the manager. The appointment must be made without regard to political considerations 2 and solely based on education and experience with local government management." The City Attorney will continue to be appointed by the Mayor with consent of the council. The City Manager will appoint, supervise and remove all other city employees. Under the current form of government the City Administrator acts as the head of the organization but has no authority over the hiring and firing of employees, specifically senior department heads. A change in the form of government provides for a professional manager to oversee the administration of the city and to implement the policies established by the council. The form of government draws clearer lines between the policy makers and the administration and gives full administrative authority to the City Manager. After months of review of these issues, the Charter Review Committee voted unanimously to recommend this change in the current Ashland form of government from a mayor/council to council/manager. They recommend this because the City Manager form provides city with opportunity to appoint a manager trained in public administration, corrects the present limitations of the city administrator, including the inability to hire and dismiss principal officers and department heads for which he/she is responsible, allows the Mayor to better serve as the political leader, and provides for the city manager to be accountable to the entire city council for the satisfactory implementation of council policy and day-to-day administration of municipal affairs. The committee felt the Council/Manager form also ensures that council members can be devoted to legislative matters, developing policy, establishing a long range vision and setting the tone for the community. The City Council decided such a substantive change should be decided by the voters as a as a ballot measure separate from the city charter ballot. The Charter Review Committee final report is available at City Hall and at www.ashland.or.us. Total word count: 449 ************************************************************************ Oregon Revised Statute (ORS) 250.035 sets forth the required components for Ballot Measure Titles. The statute provides in relevant part: 250.035 Form of ballot titles for state and local measures. (1) The ballot title of any measure, other than a state measure, to be initiated or referred shall consist of: (a) A caption of not more than 10 words which reasonably identifies the subject ofthe measure; (b) A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure; and (c) A concise and impartial statement of not more than 175 words summarizing the measure and its major effect. 3 Don Laws Revised City Charter Explanatory Statement: This measure replaces the existing Ashland City Charter. It includes language from the existing charter that reflects the specific history and character of out city including: the elected Parks and Recreation Commission, a City Band, elected City Recorder and Municipal Judge, protection of city water, prohibit combining fire and police departments, provides for a hospital, cemeteries and the airport. The revised charter also includes the Property Transfer Tax Amendment, passed by voters in November 2006 requiring a vote of the people before a property transfer tax can be imposed. It is also better organized and more clearly worded to make it easier to read and to find what one is looking for. The revised city charter differs from the existing city charter in three ways: the elimination of reference to funding, the requirement to review the charter every ten years and the elimination of language superseded by state law. The city retains all the legislative home rules constitutional power as is in the existing charter and the structure of government remains the same. All items related to the conduct oflocal government which exist in the current city charter and are unique to Ashland are included in the revised city charter including the current form of government. The mayor does not vote except in the case of a tie, council elections are by position, the Mayor is designated as the chief executive officer of the organization. The Mayor with consent of the council appoints all commission and committee members. The revised city charter no longer contains reference to funding requirements. This means that funding for the city band, parks and recreation, salary requirements for the elected judge, recorder, Mayor and councilors will become a part of the annual budget process. [This will allow the council and Citizens' Budget Committee to make periodic adjustments to these items in response to inflation and other factors without requiring a vote of the whole citizenry] replace with. This will allow the council and Citizens' Budget committee to determine allocations in conjunction with the entire city budget. .. I Don Laws City Manager Explanatory Statement Two major forms of city government predominate in the United States. The Strong Mayor/Council form makes an elected mayor the chief executive officer of the city in charge of administering all city departments in carrying out the policies set by the city council. Many small cities use this form because they cannot afford a full-time professional manager and the number of employees is small enough for the mayor to manage. Large cities also mainly have this form because the complex and difficult problems, often involving race, ethnicity, gangs, major crime and other highly political situations. It is felt that such difficult and political problems can only be handled by a full-time paid political leader. The city manager form includes an elected mayor and council to set city policies and a full-time paid professional administrator to carry them out. Policy making and administration are separated as much as possible. Ashland has an unusual mix of these two forms of government. We have a mayor who runs the council meetings, appoints, with consent of council, all members of boards and commissions, and is the chief executive in charge of supervising the administration of the city's policies and appointing or firing, with consent of the council, all city department heads. But for many decades the city has hired a full-time professional city administrator to do most of the administering/supervising of city policies. There can be difficulties under this system when the administrator has one idea about how something should be done and the mayor has another. Since the mayor appoints and fires department heads, the administrator may have less influence in directing city departments. The Charter Review Committee felt it would be better to separate administration more completely from policy making and political leadership. It unanimously recommended the change to a full- fledged city manager form of government for Ashland. The council felt this to be such a major change that it should be voted on by the city electorate. The measure transfers the powers of chief executive to a city manager. The city manager would have full power to supervise the departments, including appointing and firing department heads (except the Parks Director, City Attorney, and City Recorder). The mayor is given the role of city political chief and will be the city's chief communicator, leader ofthe city council meetings, appointer, with council assent, of all members of boards and commissioners. These powers give the mayor the responsibility to provide strong policy-making leadership. There will be minimal conflict between the policy-making roles of the mayor and council and the responsibility of the city manager to see that they are carried out. The manager will be responsible for assisting the mayor and council when requested and may take part in all council discussions. A majority of the city council must appoint and may remove the city manager. Formerly, the Mayor appointed and removed the city administrator with consent of the council. .. I CITY OF ASHLAND CITY CHARTER CITY MANAGER AMENDMENT The 2006 Ashland City Charter is amended by changing sections 8 and 31, and adding a new section 35 to read as follows: Section 8. Mayor. (a) The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. (b) The mayor has no vote on council matters unless there is a tie vote. The mayor has veto authority over council legislative and administrative decisions. (c) With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. (d) The mayor must sign all records of council decisions. (e) The mayor serves as the political head [and chief executive officer] of the city government. [(f) The mayor must: (1) Appoint, supervise and remove city department heads with the consent of the councilors; (2) Deliver an annual state of the city report to the council and public; (3) Present a proposed annual city budget to the city budget committee and council; (4) Encourage and support regional and intergovernmental cooperation; (5) Promote cooperation among the council, staff and citizens; and (6) Perform other duties as assigned by the council.] Section 31. Vacancies: A city elective position becomes vacant: (a) Upon the incumbent's: (1) Death, (2) Adjudicated incompetence, or (3) Recall from the office. (b) Upon declaration by the council after the incumbent's: (l) Failure to qualify for the office within 10 days of the time the term of office is to begin, .. I (2) Absence from the city for 30 days without council consent, which consent shall not be unreasonably withheld, or from all council meetings within a 60-day period, without council consent, which consent shall not be unreasonably withheld (3) Ceasing to reside in the city, (4) Ceasing to be a qualified elector under state law, (5) Disorderly conduct or inattention to duties of office. No incumbent may be expelled without notice, a hearing and a decision by at least four councilors, (6) Resignation from the office, or (7) Removal under Section 35(i). Section 35. City Manae:er. (a) The office of city manager is established as the chief administrative officer of the city government. The city manager is responsible to the mayor and council for the proper administration of all city business. The city manager will assist the mayor and council in the development of city policies, and carry out policies established by ordinances and resolutions. (b) A majority of the council must appoint and may remove the manager. The appointment must be made without regard to political considerations and solely based on education and experience with local government management. (c) The manager may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the council. The council must fill the office by appointment as soon as practicable after the vacancy occurs. (d) The manager must: (1) Attend all council meetings unless excused by the mayor or council; (2) Make reports and recommendations to the mayor and council about the needs of the city; (3) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits, and other city decisions; (4) Appoint, supervise and remove city employees; (5) Organize city departments and administrative structure; (6) Prepare and administer the annual city budget; (7) Administer city utilities and property; (8) Encourage and support regional and intergovernmental cooperation; (9) Promote cooperation among the council, staff and citizens in developing city policies, and building a sense of community; (10) Perform other duties as directed by the council; (11) Delegate duties, but remain responsible for acts of all subordinates. (1) The manager has no authority over the mayor or council or over the judicial functions of the municipal judge. (g) The manager and other employees designated by the council may sit at council meetings but have no vote. The manager may take part in all council discussions. (h) When the manager is temporarily disabled from acting as manager or when the office becomes vacant, the council must appoint a manager pro tern. The manager pro tern has the authority and duties of manager, except that a pro tern manager may appoint or remove employees only with council approval. (i) Neither the mayor nor a councilor may attempt directly or indirectly to coerce the manager or a candidate for the office of manager in the appointment or removal of any city employeeJtr in. ..dmi.mtrative decisions. Violation of this prohibition is gJ))Jln{b; fs,. reRl6VaUrOm office by four councilors after a public hearing. In council m....ting<i:) thp ma~'Qr and councilors may discuss or suggest any topic with the manager relatin~ to city business. - ASHLAND CITY CHARTER INTRODUCTION 00 History of the Ashland Charter The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the City, which remained in effect until 1970, although amended numerous times over the years. In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government. For this purpose, the Council may call a special election on the Charter by initiative petition. In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting obsolete provisions, thereby simplifying this important document and making it a more workable one. Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative refinements, and these amendments have been incorporated into the following compilation of the City Charter. Notes: 1) City incorporated 10-13-1874 2) First Ordinance passed 11-14-1874 -Setting Boundaries of the City of Ashland ARTICLE 1 Name and Boundaries Section 1. Title of Enactment This enactment shall be referred to as the Ashland Charter of 1970. Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a municipal corporation with the name "City of Ashland". Section 3. Boundaries The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to modify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this Charter, in each of which he/she shall maintain an accurate and up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the Recorder. ARTICLE 2 Powers Section 1. Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers, which the City would have if the particular power were not mentioned. The Charter shall be liberally construed to the end that the City Page 1 of17 ASHLAND CITY CHARTER shall have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution. Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or referendum ordinance of the City of Ashland, or the laws of the State of Oregon. ARTICLE 3 Elective Officers Section 1. Elective Officers The elective officers of the City shall be: a Mayor, Recorder, six (6) Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78) Section 2. Oualifications All elective officers except the Municipal Judge shall be residents and qualified voters in the City. (Charter amendment 5-23-78). Section 3. Salaries Any change in the amount of the present compensation received by elective officers, except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the salary of the elected Recorder shall be in the amount being paid in ] 974 and be adjusted starting with the fiscal year ]974-75 in the same percentage as the average salary adjustments of the other supervisory employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will initially be the same as for the year ] 978-79 and thereafter to be adjusted in the same percentage as the average salary adjustment of the other supervisory employees and department heads of the City of Ashland. (Charter amendment 5-23-78). Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the case ofthe Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the consent of the Council or upon hislher absence from meetings of the Council for sixty (60) days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council. A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election, takes office for the unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member of the Council for disorderly conduct in Council" inattention to duties_\lL..U:[[I\l"ILllfllkr rill: pro\j,iOflS of No Council member shall be expelled without notice and a hearing by the Council. Section 5. Term The term of all elective officers shall begin the first day of January following their election. Section 6. Interest in Citv Contracts During the term of office, no elective officer shall violate any provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote]]- 8-94. ) Page 2 of] 7 Deleted: or ASHLAND CITY CHARTER ARTICLE 4 Mayor Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the end of hislher term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be elected for a term of four (4) years. Section 2. Powers and Duties The Mayor ."~r~l'":'_,L'- ti}S:l'\lJilLc,iJJ1':,lcL\,)Lth,' Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote either in the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance, either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or passed by the Council over his/her veto. The Mayor shall, in case he/she vetoes any ordinance or resolution, file such veto with the City Recorder, together with reasons for hislher disapproval, which veto and message of disapproval shall be read at the next meeting of the Council, and such ordinance or resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the affirmative, it shall become law without the Mayor's approval, but not otherwise. In passing all resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote thereon. ARTICLE 5 Council Members Section 1. Terms The Council members in office at the time this Charter is adopted shall continue in office, each until the end of hislher term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election after this Charter takes effect, three Council members shall be elected, each for a term of four (4) years. ARTICLE 6 Recorder Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until the end of hislher term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election held in 1970, and every fourth year thereafter, a Recorder shall be elected for a term of four (4) years. Section 2. Powers and Duties The Recorder shall act as Clerk of the Council and shall keep plain and correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining to hislher office, and these shall be open to the public. At the expiration of hislher term of office, he/she shall turn over to his/her successor any and all records, books, and papers pertaining to said office. The Recorder must draw all orders for the proper payment of monies against the proper funds that have been appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make periodic audits of all City accounting records. The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the same, together with any and all special benefits and assessments then due, to the Clerk of the County Court. Page 3 of 17 Deleted: is the executive officer of the municipal corporation and shall exercise careful supervision over the general affairs of the City and over appointive officers. He/she shall sign all orders and warrants on the Treasury for claims authorized by the Council. ASHLAND CITY CHARTER The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the Mayor therein. Section 3. Vacancv A willful absence of the Recorder from the City for more than thirty (30) days without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as vacancies in the office of Council members are filled. Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tern who, while acting in that capacity, shall have all the authority and duties of the Recorder. ARTICLE 6A Judge Section 1. Term At the biennial general election held in 1978, and every fourth year thereafter, a Judge shall be elected for a term offour (4) years. (Charter amendment 5-23-78) ARTICLE 7 Elections Section 1. Regular Elections Regular City elections shall be held at the same times and places as biennial general State elections, in accordance with applicable State election laws. Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place in the City Hall, and by publication in a newspaper of wide and general circulation published in the City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the time and place of the election. Section 3. Special Elections The Council shall provide the time, manner and means for holding any special election which shall comply with applicable State laws. The Recorder shall give at least ten (10) days notice of each special election in the manner provided by the action of the Council ordering the election. Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council provides otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all City Elections, recounts of the returns therefrom, and contests thereof. Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at the election. The nomination must be by a petition that specifies the office sought and must be in a form prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and with the candidate's written acceptance of such nomination. No elector may sign more than one petition for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the first sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the paper and stating that each signature of the person appended thereto was made in his/her presence, and is the genuine signature of the person whose name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or Page 4 of17 ASHLAND CITY CHARTER residence, identified by its street and number or other sufficient designation. The Recorder shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the Recorder shall notifY the candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12) days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment 11-2-82) Section 6. Canvass of Returns In all elections held in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shall apply. In each special City election, the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later than five (5) days after the election, the Council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the Council. The entry shall state the total number of votes cast at the election, the votes cast for each person, and for and against each proposition, the name of each person elected to office, the office to which he/she has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and sign a Certificate of Election of each person elected and deliver the Certificate to himlher within one (1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth ofthe statements contained in it. Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in the manner prescribed by the Council. Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of hislher office. ARTICLE 8 Council Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall be vested in the Council and the Mayor. Section 2. Comoosition The Council shall be composed of six (6) Council members elected in the City at large and by position number. Each position shall bear a number running from one (No.1) through six (No.6), and any candidate for Council shall, starting with hislher nominating petition, designate the number of the Council seat to which he/she seeks election; further, one candidate may only run for one position at an election. The Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers 1,3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision, the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council members. Page 5 ofl7 ASHLAND CITY CHARTER Section 3. Council Meetings and Rules The Council shall hold a regular meeting in the City at least once each month at a time and place which it designates. Other meetings may be called as the Council deems necessary, with notice given the Mayor and Council members and the public as provided by ordinance. Minutes of any such special meeting shall be presented at the next regular Council meeting. The Council shall adopt rules for its proceedings. Section 4. Ouorum The Mayor and not less than three (3) of the Council members, or four (4) of the Council members, shall constitute a quorum for conducting Council business. Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and entered in the record. Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motion for the action and the vote thereon take place at proceedings open to the public. Section 7. Mavor's Function at Council Meetings The Mayor shall preside over the deliberations of the Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine the order of business under the rules of the Council. Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the Council shall by ballot elect a Chair of the Council from its membership to serve for one (I) year. He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the Council members present shall elect one of their number as Chair Pro Tern, who shall preside at that meeting. Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present at a Council meeting shall be necessary to decide any question before the Council. ARTICLE 9 Special Powers of the Council Section 1. Violation of Charter, Ordinance and Laws The Council, at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the working of such persons so convicted on the streets of the City or at any other work, and to provide the compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Section 2. Levv of Taxes The Council, by two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes on the taxable property of the City made taxable by law for County and State purposes, not to exceed fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in such further amount as may be necessary for the payment of interest or principal on any bonded Page 6 of 17 ASHLAND CITY CHARTER indebtedness now existing or hereafter to exist against the City and for payment of any judgment or judgments obtained against the City. Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall. in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord with current construction standards of the City's water. sewer, electrical and storm sewer systems; City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds and for no other purpose; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon. provided that considering any discounts or premiums paid. the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the City Council shall, in its discretion. deem advisable in an aggregate amount not to exceed Three Hundred Sixty Thousand Dollars ($360.000.00) for the purpose of financing the design and construction of additions and improvements to the Ashland Community Hospital; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon. provided that considering any discounts or premiums paid. the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 3. Special Assessments The Council shall have the power at regular or adjourned meeting to levy such special benefit assessments for road, sewer or other special improvements as they deem reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon, not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected under the provisions of Article XII. Sections 1 and 2. Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any administrative error in the levying of any special benefit assessment and to cause a reassessment to be made. Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to borrow money upon the credit of the City and authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not aggregate at any time to exceed $5.000.00. Section 6. Bonds The Council. by a two-thirds vote at any regular or adjourned meeting, shall issue bonds of the City for other purposes when duly voted and required by a majority of the electors of said Page 7 of 17 ASHLAND CITY CHARTER City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically repealed. Section 7. Water Svstem The Council, by a two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either within or above the City limits. ARTICLE 10 Ordinances Section 1. Enacting Clause The enacting clause of all ordinances hereafter enacted shall be: The People of the City of Ashland do ordain as follows:". Section 2. Mode of Enactment (a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in open Council meeting and then on a different date by title only, unless a Council member or the public requests that it be read in full for a second time, and it shall then be read fully and distinctly. (b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at a single meeting of the Council by unanimous vote of all Council members present upon being read first in full and then by title. (c) The first reading may be by title alone ifno Council member present at the meeting, or the public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council member and three (3) copies are provided for public inspection in the office of the City Recorder not later than one (I) week before the first reading of the ordinance and if notice of their availability is given forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of general circulation and published in the City. An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such a difference is read fully and distinctly in open Council meeting as finally amended prior to being approved by the Council. (d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered into the record of the proceedings. (e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and his/her name and the title of his/her office, except as provided in Article IV, Section 3. Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may provide a later time for it to take effect; and, in case of emergency, it may take effect immediately. ARTICLE 11 Public Improvements Page 8 of 17 ASHLAND CITY CHARTER Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be determined by the Council and declared by resolution of the Council describing the property and stating the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the Councilor provided by State law. Section 2. Imorovements The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance or to the extent not so governed, by applicable general laws of the State. Action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by the record holder of legal title to the land, the purchaser shall be deemed the "owner". Section 3. Soecial Assessments The procedure for the levying, collecting and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be as provided in Article XII, Sections I and 2 of this Charter. Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improving any public place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance with the plans and specifications approved by the Council. The Council shall have the right to reject any or all bids without incurring any liability for such rejection. ARTICLE 12 Taxation: Powers and Duties of the Council Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate of the County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and assessments as permitted in this Charter against the taxable property of the City of Ashland, and such special assessments and penalties as may be due and unpaid, and cause the same to be certified to the County Court, as provided in Section 2 of this Article. Section 2. Duties The Council shall, immediately after such levy, notify the Clerk of the County Court, under the certificate of the City Recorder, of the rate percent of the tax levy made by the Council and all delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the tax roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the same manner and at the same time as taxes for County purposes are collected, and the same shall be paid over by the County Treasurer to the City Recorder as provided by law for the paying over of city taxes. Section 3. Countv Road Tax The territory within the limits of the City of Ashland as now existing and as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson County for licensing purposes and road purposes, and the City Council shall have full and exclusive jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes and assessments of the property within the City for road work, except such taxes as may be levied and assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street purposes within the limits of the City and not otherwise. Page 9 of 17 ASHLAND CITY CHARTER Section 4. Property Transfer Tax. The Council may impose a property transfer tax or fee on property being sold or transferred within the City, only by getting approval of the voters of Ashland. ARTICLE 13 Appointive Officers I. I Section J.. Seoarate Police and Fire Deoartments The City of Ashland shall maintain a fire department which is separate and distinct from the City police department. The employees of one department shall not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4- 86) Section k Qualifications, Duties. and Salaries The Council shall, by ordinances. prescribe the duties of appointIve officers, and determine their compensation and qualifications, except the Municipal Judge shall be a member of the Oregon State Bar. . . SectionJ. Interest in Citv Contracts Except as provided otherwise by law, no officer, agent or employee shall have any interest in any City contract made by himlher in his/her official capacity or by any public committee, board, commission or department of which he/she is a member, agent or employee, except that the employment of the officer, agent or employee shall not be considered a contract for the purposes of this section. th<;~,lS:_,l n c:. _'~I,;<:tlC', . illLlll,' m,lIlj]l;.'d:J:D.lL'J~ Page 10 of 17 Deleted: Section I. Aooointive Officers The Mayor. with the confirmation by the Council, shall appoint a City Administrator, City Attorney and such other officers as the Council deems necessary. The Council may combine any two or more appointive offices. 5-23-78) Deleted: 2 Deleted: 3 Formatted: Font: Not Bold I Formatted: Font: Not Bold ( Formatted: Font: Not Bold I Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold ( Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold [ Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold ASHLAND CITY CHARTER ARTICLE 14 Chief of Police: Powers and Duties Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and to the same effect as required of constables under the statutes of this State. He/she shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace committed in his/her presence, and take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by virtue of hislher office be Chief of such force. Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be hislher duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal from office by the City Council. ARTICLE 15 Court Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the Municipal Court. The court shall be open for the transaction of judicial business at regular times specified by the Council. All area within the City shall be within the territorial jurisdiction of the court. When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation Page 11 of 17 [ Formatted: Font: Not Bold [ Formatted: Font: Not Bold [ Formatted: Font: Not Bold [ Formatted: Font: Not Bold [ Formatted: Font: Not Bold [ Formatted: Font: Bold ASHLAND CITY CHARTER of a City ordinance shall be governed by the applicable general laws of the State governing District Courts. Section 2. Judge The Municipal Judge shall be the judicial officer of the City. He/she shall exercise original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter of the City and all other offenses made punishable by State law over which the City is given concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense against the ordinances and Charter of the City, to commit any such person to jailor admit him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City Council. Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78). Section 4. l!!Iy A defendant may have a jury of six (6) members by demanding the same. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 5. Fines, Fees, Costs, and Cash Bail The City Council shall provide for the collection of all Court fines, fees, costs and cash bail which shall be turned over to the City Recorder. ARTICLE 16 Miscellaneous Provisions Section 1. Public Utilities - Water Works The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. Section 2. Torts The City's immunity or liability for torts shall be as determined by State law. Section 3. Existing Ordinances, Acts, Proceedings All existing ordinances in force when this act takes effect and not inconsistent herewith shall be and remain in full force after this act takes effect and thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall continue to receive such compensation for their services during the balance of their term as appertained to the office at the time they were respectively elected or appointed thereto; and all rights vested or liabilities incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are hereby declared to be valid and of full force and effect, and all acts of the Council heretofore done in good faith for the benefit of the City and on which proceedings shall not be instituted prior to July I, 1970 are hereby legalized and made valid in every particular. Section 4. Repeal of Previously-Enacted Provisions All Charter provisions of the City enacted prior to the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as Article XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and 2, compiled herein as Article XII, Sections 1 and 2; and Territory Excepted for Road Purposes and Page 120f17 ASHLAND CITY CHARTER Licensing Purposes; that is, Article XVII, Section I, compiled herein as Article XII, Section 3; and those provisions of the previous Charter Amendments included in the following: . Article VII, Section I, amended 11-2-54, compiled herein as Article IX, Section I . Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3 . Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5 . Article XXVIII, Sections I and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII, Sections I and 2 . Article XIX, Sections I, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled herein as Article XIX, Sections I, 2, 3 and 4 . Article XXVII, Sections I, 2, 3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections 1,2,3, and 4 . Article XXIX, Section I, amended 11-4-30, compiled herein as Article XX, Section I . Article XXXI, Section I, amended 1938, compiled herein as Article XXI, Section I . Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2 . Article XIX, Section I-C, amended 3-12-57, compiled herein as Article XIX, Section I-C Section 5. Time of Effect of Charter Amendment This amended Charter took effect on July I, 1970, except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article XIII, Section I and Article XXII took effect on June 6, 1972. ARTICLE 17 Hospital Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a municipal hospital within the limits of said City of Ashland under the authority and direction of the Council. Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it may deem bes.t, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose of providing funds with which to purchase real property for a hospital, construct a building or buildings to be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall bear the date established by the Council, be serial in character, callable at any interest payment date in whole or in part on or after five (5) years from the date thereof after notice as provided by law, be retired by the said City in a period of not to exceed twenty-five (25) years, be in denomination of $1 ,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, have semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United States of America, with interest thereon in like legal tender, at the office of the City Recorder in said City or at such other office as the Council may, in its judgment, determine, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be determined by the Council in the exercise of its best judgment in order to carry out the intention hereof. That it shall be the duty of the Council to attend to the proper application of the funds derived from the sale of said bonds and the purchaser or purchasers thereof shall in no event be responsible or charged with the proper application of the funds derived from the sale thereof. That the Council is hereby authorized and empowered each year at the time of making the annual tax levy for City purposes to include in such levy a sufficient amount to meet the payment of principal and interest on said Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt limitation. Page 13 of 17 ASHLAND CITY CHARTER ARTICLE 18 Cemeteries Trust Fund Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on each dollar of assessed valuation of property within the City, which sum shall be used for the purpose of maintenance and upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within the limitation of taxation provided by law. Provided further that each year from the proceeds of such levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent as to provide sufficient income for the purposes for which same was created, then no further tax levy shall be made thereafter. Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of Ashland, or any privately-operated or owned cemetery within the said City for the purpose of providing proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon conditions as to it may seem for the best interests of the City. Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem best for the protection of said City. Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes mentioned herein on behalf of the said City, which donations or bequests shall become a part of said permanent trust fund, unless specified otherwise when any such bequests or donations are given. ARTICLE 19 Park Commission Section 1. Dedication All those lands specified by the Charter Amendment of December 15, 1908 and May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided, however, that such public buildings as may enhance the beauty of said park, or that shall not detract therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided further, that nothing contained in this act shall be construed so as to impair or interfere with proper construction or operation of the City's light, power or water system. Section Ie. That the Ashland Park Commission, with the consent of the Common Council, shall have the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the State of Oregon, any portion of Lithia Park described as follows. to-wit: That certain property commencing at the northeast comer of the Chamber of Commerce building; thence, southerly along the base of the hill to southern side of pond in lower park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150 feet; thence, east 110 feet to west side of Hargadine Street; thence, northerly on west line of Hargadine Street to northeast corner of park property; thence, following the meandering north line of park property to place of beginning, containing approximately two acres for the purpose of remodeling and expanding the present Festival theatre and the construction of additional buildings which are hereby designated as public buildings Page 14 of 17 ASHLAND CITY CHARTER for use by the Oregon Shakespearean Festival Association for any of the purposes authorized by the corporate charter of said association, said use to be on such terms and conditions as the Ashland Park Commission, with the consent of the Common Council, deems in the best interests of the City; provided, however, that any lease shall not exceed a period of ninety-nine (99) years. Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective by the proclamation of the Mayor published on the 17th day of December, 1908, and known and designated as the "Ashland Park Commission", be and the same, as constituted and created by said Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of Ashland. Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1921, and that at the general biennial election to be held in November, 1922, three commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923, and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill a vacancy, in which event he/she shall be elected to serve until the first day of January following the next succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners now constituting the present Ashland Park Commission shall hold office for the term for which he/she was elected, and until hislher successor is elected and qualified. Section 3. Funding The said Park Commission shall have control and management of all the lands here dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such purposes. They shall have control and management of all park funds, whether the same is obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the City's parks. It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City Recorder for the information of the City Council and the public, a report of their doings for the preceding month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a clear statement of all monies expended and for what purpose. All purchases made and all labor performed, together with the cost thereof, shall be embodied in said report. At the time for making the tax levy for general City purposes in each year, the said Commission shall cause a careful estimate to be made of the money required for park purposes for the ensuing year and file the same with the City Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-112) mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City Recorder subject to the order of said Commission. The levy herein authorized shall be outside the limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon. Section 4. Salarv; Government The said Commission shall serve without pay and shall have power to formulate and adopt rules and regulations for their government and for the purpose of carrying into effect the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the instruments by which said City obtained title thereto; which said instruments shall be considered as carrying a more specific description of said lands. Page 15 of 17 ASHLAND CITY CHARTER ARTICLE 19a Open Space Park Program Section 1. Creation, Powers and Duties An Open Space Park Program is hereby created to be administered by the Ashland Park Commission. The Park Commission shall make recommendations to the City Council concerning priorities for land and easement acquisitions for the Open Space Park Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be responsible for the administration, development and operation of such lands. Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City Council must agree upon land or easements to be acquired for open space park purposes. Before any land or easements that have been acquired for the Open Space Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for a referendum. Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or easement shall be under the control and management of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90) Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated for acquisition of Open Space Park Program lands shall remain under the financial management of the City of Ashland. The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by the City Council without further approval by the electorate. Said tax measures for funding of the Open Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate. (Amended 8-14-90) Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of Ashland. (Amended 5-15-90). ARTICLE 20 Municipal Airport Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct and operate a municipal airport either within or outside the limits of the City of Ashland, under the authority and direction of the Council. ARTICLE 21 City Band Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause a careful estimate to be made of the money required for the purpose of a City Band for the ensuing year, such estimate shall be presented and considered with the other items in the annual budget and there shall be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to the order of the Council. Page 16 of 17 ASHLAND CITY CHARTER ARTICLE 22 Recreation Commission Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5) Ashland Park Commissioners and their terms of office shall be the same. Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the Ordinances of the City of Ashland, and by any other applicable law. Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from such funds as may be appropriated from time to time by the City Council, and in no event shall any funds be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which relates to the Park Commission and a levy for park purposes. Page 17 of 17 DRAFT REVISED ASHLAND CHARTER January 17, 2007 CITY OF ASHLAND CITY CHARTER PREAMBLE We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter. Chapter I NAMES AND BOUNDARIES Section 1. Title. This charter may be referred to as the 2007 Ashland City Charter. Section 2. Name. The City of Ashland, Oregon, continues as a municipal corporation with the name City of Ashland. Section 3. Boundaries. The city includes all territory within its boundaries as they now exist or are legally modified. The city will maintain as a public record an accurate and current description of the boundaries. Chapter II POWERS Section 4. Powers. The city has all powers that the constitutions, statutes and common law of the United States and Oregon expressly or impliedly grant or allow the city, as fully as though this charter specifically enumerated each of those powers. Section 5. Construction. The charter will be liberally construed so that the city may exercise fully all powers possible under this charter and under United States and Oregon law. Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters. This charter vests all other city powers in the council except as the charter otherwise provides. The council has legislative, administrative and quasi-judicial authority. The council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-judicial authority by order. The council may not delegate its authority to adopt ordinances. DRAFT NEW CITY CHARTER i FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 1 Chapter III COUNCIL Section 7. Council. The council consists of six councilors nominated and elected from the city at large by position. Section 8. Mayor. (a) The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. (b) The mayor has no vote on council matters unless there is a tie vote. The mayor has veto authority over council legislative and administrative decisions. (c) With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. (d) The mayor must sign all records of council decisions. (e) The mayor serves as the political head and chief executive officer of the city government. (f) The mayor must: (1) Appoint, supervise and remove city department heads with the consent of the councilors; (2) Deliver an annual state of the city report to the council and public; (3) Encourage and support regional and intergovernmental cooperation; (4) Promote cooperation among the council, staff and citizens; and (5) Perform other duties as assigned by the council. Section 9. Council President. At its first meeting each year, the council must elect a president from its membership. The president presides in the absence of the mayor and acts as mayor when the mayor is unable to perform duties. Section 10. Rules. The council must adopt by ordinance or resolution rules to govern its meetings. Section 11. Meetings. The council must meet at least once a month at a time and place designated by its rules, and may meet at other times in accordance with the rules. Section 12. Quorum. The mayor and three councilors or four councilors is a quorum to conduct business, but a smaller number may meet and compel attendance of absent members as prescribed by council rules. Section 13. Vote Required. The express approval of a majority of a quorum of the council is necessary for any council decision, except when this charter requires approval by greater number. A majority shall in all cases consist of a minimum of three votes. Section 14. Record. A record of council meetings must be kept in a manner prescribed by the council rules. DRAFT NEW CITY CHARTER 1 FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 2 Chapter IV LEGISLATIVE AUTHORITY Section 15. Ordinances. The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state "The City of Ashland ordains as follows:" Section 16. Ordinance Adoption. (a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of a quorum at two meetings. (b) The council may adopt an ordinance at a single meeting by the unanimous approval of the councilors present, provided the proposed ordinance is available in writing to the public at least one week before the meeting. (c) Any substantive amendment to a proposed ordinance must be read aloud in the Council meeting or made available in writing to the public before the council adopts the ordinance at that meeting. (d) After the adoption of an ordinance, the vote of each member must be entered into the council minutes. (e) After adoption of an ordinance, the recorder of records must endorse it with the date of adoption and the recorder's name and title. The recorder must submit the ordinance to the mayor for approval. If the mayor approves the ordinance, the mayor must sign and date it. (f) If the mayor vetoes the ordinance, the mayor must return it to the recorder with written reasons for his veto within five business days of passage of the ordinance. If the ordinance is not so returned, it takes effect as if approved. (g) At the first council meeting after veto by the mayor, the councilors will consider the reasons of the mayor and again vote on the ordinance. If four councilors vote to adopt the ordinance, it will take effect. Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after adoption and approval by the mayor, or adoption after veto by the mayor, or on a later day provided in the ordinance. An ordinance adopted may take effect as soon as adopted, or other date less than 30 days after adoption if it contains an emergency clause. Chapter V COUNCIL ADMINISTRATIVE AUTHORITY Section 18. Resolutions. The council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions must state "The City of Ashland resolves as follows:" Section 19. Resolution Approval. (a) Adoption of a resolution or any other council administrative decision reqUIres approval by the council at one meeting. (b) Any substantive amendment to a resolution must be read aloud in the Council meeting or made available in writing to the public before the council adopts the resolution at that meeting. DRAFT NEW CITY CHARTER [. FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 3 (c) After approval of a resolution or other administrative decision, the vote of each member must be entered into the council minutes. (d) After approval of a resolution, the recorder must endorse it with the date of approval and the recorder's name and title. The recorder must submit the resolution to the mayor for approval. If the mayor approves the resolution, the mayor must sign and date it. (e) If the mayor vetoes the resolution, the mayor must return it to the recorder with written reasons for the veto within five business days of passage of the resolution. If the resolution is not returned, it takes effect as if approved. (f) At the first council meeting after veto by the mayor, the councilors will consider the reasons of the mayor and again vote on the resolution. If four councilors vote to adopt the resolution, it will take effect. Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions take effect on the date signed by the mayor, or on a later day provided in the resolution. Chapter VI QUASI-JUDICIAL AUTHORITY Section 21. Orders. The council will normally exercise its quasi-judicial authority by approving orders. The approving clause for orders may state "The City of Ashland orders as follows:" Section 22. Order Approval. (a) Approval of an order or any other council quasi-judicial decision requires approval by the council at one meeting. (b) Any substantive amendment to an order must be read aloud or made available in writing to the public at the meeting before the council adopts the order. (c) After approval of an order or other council quasi-judicial decision, the vote of each member must be entered in the council minutes. (d) After approval of an order, the recorder must endorse it with the date of approval and the recorder's name and title. Section 23. Effective Date of Orders. Orders and other quasi -judicial decisions take effect on the date of final approval, or on a later day provided in the order or by ordinance. Chapter VII ELECTIONS Section 24. Councilors. At each general election after the adoption of this charter, three councilors will be elected for four-year terms by position. The terms of councilors in office when this charter is adopted are the terms for which they were elected. Section 25. Mayor. At the general election held November 2008, and every other general election thereafter, a mayor will be elected for a four-year term. The term of the mayor in office when this charter is adopted is the term for which the mayor was elected. DRAFT NEW CITY CHARTER 1 FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 4 Section 26. State Law. City elections must conform to state law except as this charter or ordinances provide otherwise. All elections for city offices must be nonpartisan. Section 27. Qualifications. (a) To hold a city elective position, each person must be a qualified elector under state law, and reside within the city before election or appointment to office. The Municipal Judge shall not be required to be a resident of the City of Ashland. (b) No person may be a candidate at a single election for more than one city office. (c) Neither the mayor nor a councilor may be employed by the city. (d) The council is the final judge of the election and qualifications of its members. Section 28. Nominations. (a) An eligible elector may become a candidate for an elective city position by filing a nomination petition or a declaration of candidacy on a form prescribed by the secretary of state and available from the city recorder. (b) A declaration of candidacy must be accompanied by the filing fee, if any, established by council resolution. (c) A nomination petition must contain signatures of not fewer than 25 city-qualified electors. (d) The council may prescribe by ordinance other procedures for the nomination and election of persons for city elective positions. Section 29. Terms. The term of an officer elected at a general election begins when the officer is sworn in after the first of the next year immediately after the election, and continues until the successor qualifies and assumes the office. Section 30. Oath. To hold a city elective position each person must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and Oregon. Section 31. Vacancies: A city elective position becomes vacant: (a) Upon the incumbent's: (1) Death, (2) Adjudicated incompetence, or (3) Recall from the office. (b) Upon declaration by the council after the incumbent's: (1) Failure to qualify for the office within 10 days of the time the term of office is to begin, (2) Absence from the city for 30 days without council consent, which consent shall not be unreasonably withheld, or from all council meetings within a 60-day period without council consent, which consent shall not be unreasonably withheld. (3) Ceasing to reside in the city, (4) Ceasing to be a qualified elector under state law, DRAFT NEW CITY CHARTER i FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 5 (5) Disorderly conduct or refusal to perform duties of office. No incumbent may be expelled without notice, a hearing, and a decision by at least four councilors, or (6) Resignation from the office. Section 32. Filling Vacancies. A vacant city elective posItIOn will be filled by appointment by a majority of the remaining councilors. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election, takes office for the unexpired term. If a a councilor will be absent from office for more than 60 days with Council consent, the council may appoint a councilor pro tern. Chapter VIII OTHER ELECTIVE OFFICERS Section 33. City Recorder. ( a) The office of city recorder is established as the council clerk, city custodian of records and city elections official. The recorder must attend all council meetings unless excused by the mayor or council. The recorder must make payments of all city funds appropriated by the council, and may audit city accounting records. (b) At the general election November 2010 and every other general election after that, a recorder will be elected for a four-year term. The term of the recorder in office when this charter is adopted is the term for which the recorder was elected. (c) When the recorder is temporarily disabled from acting as recorder or when the office becomes vacant, the council must appoint a recorder pro tern. The recorder pro tern has the authority and duties of recorder. Section 34. Municipal Court and Judge. (a) The office of municipal judge is established. The municipal judge will hold court in the city at such place as the council directs. The court will be known as the Municipal Court. The municipal judge must be admitted to practice in the Supreme Court of Oregon. (b) At the general election in November 2010 and every other general election after that, a municipal judge will be elected for a four-year term. The term of the municipal judge in office when this charter is adopted is the term for which the judge was elected. (c) All proceedings of this court will conform to state laws governing justices of the peace and justice courts. (c) All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court. (d) The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinances. The court also has jurisdiction under state law unless limited by city ordinance. (e) The municipal judge may: (1) Render judgments and impose sanctions on persons and property; (2) Order the arrest of anyone accused of an offense against the city; (3) Commit to jailor admit to bail anyone accused of an offense; (4) Issue and compel obedience to subpoenas; DRAFT NEW CITY CHARTER I FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 6 (5) Compel witnesses to appear and testify and jurors to serve for trials; (6) Penalize contempt of court; (7) Issue processes necessary to enforce judgments and orders of the court; (8) Issue search warrants; and (9) Perform other judicial and quasi-judicial functions assigned by ordinance. (0 Any defendant requesting jury trial may have a jury of six (6) members by demanding the same. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the Justice Court, and shall have the qualifications of such jurors resident within the corporate limits of said City. (g) The council may appoint and may remove municipal judges pro tem. (h) The council may transfer some or all of the functions of the municipal court to an appropriate state court. Chapter IX APPOINTIVE OFFICERS Section 35. City Administrator. The office of city administrator is established as the chief administrative officer for the city government under the mayor. The mayor with the consent of the city council must appoint and may remove the city administrator. The duties of city administrator shall be established by ordinance. Section 36. City Attorney. The office of city attorney is established as the chief legal officer of the city government. The mayor with the consent of the city council must appoint and may remove the attorney. The attorney must appoint and supervise, and may remove any legal office employees. Chapter X PERSONNEL Section 37. Compensation. The council must authorize the compensation of city officers and employees, the City Recorder and the Municipal Judge as part of its approval of the annual city budget. The council may authorize by ordinance compensation for the mayor and councilors. Any such ordinance may not take effect before January 1 of the year after a council election. Section 38. Merit Systems. The council by resolution will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees based on merit and fitness. Chapter XI PUBLIC IMPROVEMENTS Section 39 Procedure. The council may provide by ordinance for procedures governing the making, altering, vacating, or abandoning of a public improvement. A proposed DRAFT NEW CITY CHARTER I FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 7 1" I public improvement may be suspended for six months upon remonstrance by owners of the real property to be specially assessed for the improvement. The number of owners necessary to suspend the action will be determined by ordinance. Section 40. Special Assessments. The procedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real property will be governed by ordinance. Chapter XII MISCELLANEOUS PROVISIONS Section 43. Protection of City Water. Any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the residents thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the residents of said City with water. Section 44. Separate Fire and Police Departments. The City of Ashland shall maintain a fire department which is separate and distinct from the City police department. The employees of one department shall not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-86). Section 45. Property Transfer Tax. The Council may impose a property transfer tax or fee on property being sold or transferred within the City only after receiving approval from the voters of Ashland. Section 46. Hospital The council has authority to own, operate and conduct a municipal hospital. Section 47. Cemeteries The council has authority to finance the maintenance and upkeep of public and private cemeteries within the city. Section 48. Park & Recreation Commission (a) A park & recreation commission is created with five members nominated and elected from the city at large by position. At the first general election after the adoption of this charter and every four years thereafter, three commissioners will be elected for four-year terms by position. At the second general election after adoption of this charter and every four years thereafter, two commissioners will be elected for four-year terms by position. The terms of commissioners in office when this charter is adopted are the terms for which they were elected. (b) The park & recreation commission has authority over the management of all city lands dedicated for park purposes and all other lands acquired by the city for such purposes. The commission has control and management of all park funds budgeted by the City and must expend them judiciously for beautifying and improving City parks and for funding the City Band. The park & recreation commission will carry out its functions and duties in accordance with city ordinances. DRAFT NEW CITY CHARTER I FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 8 (c) The commISSIon administers the city open space park program. The commISSIOn makes recommendations to the city council concerning land and easement acquisitions for the program. After such acquisition, the commission will administer, develop and operate such land. The city council may not use condemnation power to acquire fee simple ownership of any land for open space purposes. Funds dedicated to the open space program may only be used for open space purposes as determined jointly by the commission and the city council. Section 49. Airport The council has authority to acquire, own, conduct and operate a municipal airport either within or outside city boundaries. Section 50. City Band The City shall provide for the continued operation of a City Band. Section 51. Ethics The council shall by ordinance establish provisions relating to the standards for ethical conduct of the City's elected officials, appointed officials and employees. Section 52. Charter Review At least every 10 years beginning in 2015 the council will appoint a charter review committee of not less than nine members. The committee will review the city charter and any issues relating thereto. It will report to the council and the public its findings, conclusions and recommendations, including any proposed amendments to the city charter. Section 53. Debt. City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness. Section 54. Ordinance Continuation. All ordinances consistent with this charter in force when it takes effect remain in effect until amended or repealed. Section 55. Repeal. All charter provisions adopted before this charter takes effect are repealed. Section 56. Severability. The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter. Section 57. Time of Effect. This charter takes effect July L 2007. DRAFT NEW CITY CHARTER I FILENAME \p G:\recorder\City Council Packets\Packet Files\2006-2007\2007-0220\Attachments\2 20 07 Draft Revised City Charter.doc Page - 9 Council Communication CITY OF ASHLAND Discussion of Interim Library Funding Option Meeting Date: Department: Contributing Approval: Estimated February 20, 2007 Administration ents: Legal and Finance Primary Staff Contact: Martha Bennett ~ bennettm@ashland.or.us Secondary Staff Contact: Statement: At the February 6 meeting council discussed levying $.32 per $1000 assessed property value for library operating costs. The levy would generate approximately $560,000 leaving a short fall of approximately $860,000 per year to operate the library. Council directed staff to determine to where the additional needed funds might be found. (See attached Interim Library Funding) Staff anticipates that it would cost approximately $1.2 - $1.4 annually to operate the Ashland library. This would include building maintenance, personnel costs, access to the county's book catalog system and participation in Southern Oregon Library Information System (SOLIS). It is unclear if this amount would allow the library to operate with all the current programs in place and to deliver the current level of service or if this amount would allow for a basic, bare bones level of library service. A local funding method is meant to be a stop gap measure: a means of keeping the Ashland library open until a county solution is implemented. Jackson County will place a local tax levy on the May ballot at $.66 per $1000 assessed property value. Ashland City Council would not impose the local levy of $.32 per $1000 unless the county ballot failed. Staff Recommendation: Council direction on next steps for stop gap library funding. Background: Jackson County Libraries are funded through the county general fund. Due to loss of federal funds, Jackson County anticipates closing all libraries on April 6, 2007. In November of 2006, a local option tax levy for Jackson County Library operations was defeated by voters county-wide though in Ashland the initiative passed by 70%. The county will budget $1.4 million for the upcoming year to cover library infrastructure, maintaining subscription, SOLIS and approximately six staff to manage the Medford main branch library for RCC. The county is exploring the possibility of allowing cities who are funding their local library to "opt in" for a fee to use these central services. Council Options: . See attached Interim Library Funding Solution Attachments: . Interim Library Funding Solution · Estimated Library Operating Costs 1 c iii' Dl 0. < Dl ;:, - Dl co CD (II ..... ()~tot:lZt:l al>>~OOO M~o..~iil~ i'r 5' g 25 ~ :. ~ ~ tn" :; ~ e: 0.. :::;: 0.. (1) 0.. .... o ~~. 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(1) en I>> '0 '0 ..., o >: ~r I>> .... (1) -< VI W o o ~ .., r Dl CD -< !D,< .., CD 3 Dl ;:, ;:, CO !!!.. 10' tT i" " .., o " CD ~ '< - Dl >< :;::""-1) o &- ~;:;. ;:<l23'6 ;r:: '" 3 -, z-: c. ~ Ov.g"=:: o~.~ ~ ;:<l 0'< 0. >0..".." ~ --.J C c:: -l ::l::l . ~~ O\l~ (/)1) 9..,," S. 9. _. (") o '" ~ V> tTCDC Dl ;:, (II -o.CD Dl _, ;:,;:,,, (') CO 0 ....CD....~ l: ::r 5 o' ;:,00.;:' 0. 3 0 - .... ~ CD Jackson County Public Librarv Ashland Branch Based on FY 2005-06 Actual Direct Costs: $807,000 Includes facility maintenance, utilities, employees Actual Shared Costs: $777,294 Includes purchasing, cataloging and processing books and other items for the library collection; an automated catalog and circulation system which enables the public to find and request materials from any branch; daily deliveries of books to each branch; mail services; record keeping; information technology; library webpage' computer maintenance and technical assistance; program planning for adults teens and children. The shared cost is calculated on the percentage of items borrowed from the county library system. 19.6% of items borrowed from the county library system are checked out from the Ashland branch. The total shared costs of the Jackson County Library system is $3,965,788 (19.6% of$3,965,788 = $777,294) Actual costs for FY2005-06: $1,617,294 Based on 10.5 FTE (full time employees) and 40 operating hours per week. ********************************************* Ashland Estimated Operatin2 Costs People: $700,000 (the actual amount will depend on employee transfer law requirements and SEIU union contracts for 2007-08) Materials/Services: Facilities: $130K (estimated for basic maintenance, no reserves for equipment replacement or improvements) $30K $200K for SOLIS, central catalog system, specialized tech support (this amount depends on IGA negotiations with the county) Utilities: County: Central Service fees: $300K this amount covers costs associated with administration, accounting, legal, payroll, human resources, cash management, budgeting, (Community Development pays central service fees of $300K) Total: $1.36million ********************** What we don't know: · What will the county charge Ashland to "tap into the shared cost system"? How will those costs be calculated? (we won't need to pay for courier services, or new materials, may not need to pay for webpage and program planning, definitely need central catalog system, SOLIS and specialized tech support).Can we pick and choose which services we want? All subject to IGA negotiations. · What is the impact of the employee transfer law? Law requires that transfer employees are paid current wages and benefits and are hired based on seniority. Actual personnel costs subject to SEIU contracts for 2007-08. · What would we charge non-Ashland residents to use the library? How would it be calculated? Currently the County charges $60/year non-resident, Eugene charges $80/year non-resident. What might that user fee generate? How would we structure a non-resident fee? Would a fee be charged to check out materials but not be charged to enter the library to read, use computers etc. · If the Ashland library is the only one open in the county, what might we expect from increased use? Wear and tear, security, additional employees? Will increase demand increase operating costs? CITY OF ASHLAND Council Communication Decision on North Ashland Bike Path Funding Meeting Date: February 20,2007 Department: Public Works I Engineering Contributing Departments: F' ce Approval: Martha Bennett Primary Staff Contact: Paula Brown 552-241 0 ~ E-mail: brownp@ashland.or.us Secondary Staff Contact: Jim Olson 552-2412 E-mail: olsonj@ashland.or.us Estimated Time: 35 minutes Statement: This item is returning to Council with a recommendation that the current agreement between the Oregon Department of Transportation (ODOT) I Federal Highway Administration (FHWA) and the City of Ashland regarding the North Ashland Multi-Use Path from Laurel Street to Jackson Road be terminated and to have Council direct staff to proceed with alternatives for completion of a section of this bike path. Staff Recommendation: It is staffs objective to identify ways to fully support the Council's previous direction and goals to ensure safe and adequate bike paths. Due to a variety of issues surrounding the North Ashland Bike Path I Multi-Use Path, staff recommends that the current grant and agreement with ODOT/FHWA be terminated, that the funds expended to date be repaid within an appropriate amount of time, and that the project as fully defined be revised. Staff, with the concurrence of the Bicycle and Pedestrian Commission, fully support the need for improved bicycle amenities in North Ashland and requests Council direction to find an altemate solution to meet the need for safe bicycle transportation in this area. Background: Staff originally presented this to Council during their December 4, 2006 study session, and gained the Bicycle and Pedestrian Commission's support on staff recommendation (Option 2) during their meeting on January 18, 2007. In addition, as the Transportation System Plan is in need of an update, staff asked and gained the Bicycle and Pedestrian Commission's support to help review and recommend priorities for the next series of bikepath projects. The City's Transportation Element, "ensures we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move towards a less auto-dependent community." The Transportation Element helped direct attention to the need for a comprehensive bike path network. The City's Transportation System Plan (May 1998), Chapter 7, Pedestrian and Bicycle Amenities, focused on determining the feasibility and cost of providing city-wide bicycle and pedestrian amenities to make walking and bicycling not merely a possibility, but a preferable transportation option. The bike path project priorities were identified as providing a pathway along the railroad tracks (3.2 miles of path at a cost of $1 ,658,000), completing the Bear Creek Bike Path (estimated at $2,116,000) and several connections to these paths for routes to schools, employment centers and neighborhoods. " Since then, several new bike path and shared bikeway projects have been completed in Ashland; · Greenway Bike Path from Valley View Road to W. Nevada Street - 1997 · Central Ashland Bike Path from Tolman Creek Road to 8th Street - 1999 · N. Mountain Avenue was improved with bike lanes - 2003 · Siskiyou Boulevard and portions of Ashland Street were modernized with bike or shared shoulder lanes - 2004 · Significant segments of Tolman Creek Road were improved to add bike lanes in 2004 and 2005 · Easements have been secured along Bear Creek for bike path development. G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC Bike Path Decision 20Feb07.doc Page I on r~' II" I Project Background: Anticipating the extension of the Central Ashland Bikepath, the City purchased a 12 foot wide easement from the Central Oregon and Pacific Railroad (CORP) between Jackson Road and Laurel Street in 2001. This easement represents the only viable option for a bike path or multi use path for this section of the trail corridor. In 2003, the City applied for and received a grant through the federal Transportation Enhancement (TE) program from ODOT and FHWA. The grant was for $580,000 plus the required City match of $66,000 (10.27%) for a project total of $646,000. The project, defined as the North Ashland Multi-Use Path, begins at Jackson Road, crosses over Wright's Creek and then heads south along the railroad tracks to the intersection of Laurel and Hersey Streets. A significant portion of the path (1730 feet) was built with private funds as required for the development of the Billings Ranch Subdivision. This section of bike path between Jackson Road and Laurel Street is 5035 feet or 0.95 mile. See Attachment 1 for a map of the current project. Currently, there are several unknowns and design concerns with this project: 1. The bike path's proposed termination point at Jackson Road is in question as Jackson County, at the request of the Billings Ranch properties has vacated the road - meaning the City has no right to use that section of road for access. The City would have to obtain either right of way or an easement from the Billings Ranch Properties for approximately 1550 feet for a 12 foot pedestrian and bike path easement. The original bike path concept included a path through the proposed Billings Ranch Golf Course linking directly to the Greenway. 2. There are two railroad crossings within this project that require ODOT Rail and CORP approvals; Glenn Street and the Laurel/Hersey crossings. Application has been made to ODOT Rail, but the concern is with the grades and site distance at Glenn Street. ODOT Rail has strongly recommended closure of the Glenn Street crossing (to vehicle traffic which would eliminate these concerns). Staff is concerned that the City will not receive permission for either crossing unless Glenn Street is closed. 3. All federal design regulations apply. There are specific drainage requirements and vertical cut slope limitations. Wetlands have been identified on the site which must be mitigated. The project includes several sections of large retaining wall sections that were not identified during preliminary project scoping. The design engineer identified a significant number (12) of additional property right of ways that would need to be acquired to accommodate these design considerations. With the use of federal funding, there is a very rigorous process to obtain additional right of way (ROW). As such the cost to obtain the necessary ROW is estimated at $741,000 (originally only $2,000 in the scoping document) - now more than the original project cost. The current cost estimate has grown to $2,204,750 - almost three and a half times the original costs. Related City Policies: Budget Documents including the CIP City of Ashland Transportation System Plan (1998) Transportation Element, Chapter X of the Ashland Comprehensive Plan (1996) Council Options: Staff is very concerned with the increasing costs of this bike/multi-use path project. Although this would be a great addition to the City's existing bike path system and a much needed link to the northern corridor, the unknowns with Jackson Road, challenges with the railroad crossings and the exorbitant costs due to the federal requirements, especially with right of way acquisition, make the project as currently planned, a fiscally irresponsible alternative. Staff worked with ODOT to evaluate the available options which are now down to two: 1. Continue with design and spend the allocated ODOT TE (FHWA) dollars; a. Apply for additional ODOT /FHWA funding to cover the increases in construction and right of way costs. The risk is that Ashland may not get support for additional funding, or at least not right away. Regardless of additional funding becoming available, the City would be responsible to construct the original section of bikepath within 10 years. G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC Bike Path Decision 20Feb07.doc Page 2 of 3 r.l' U" I b. With ODOT's approval, the current grant amount could be applied to the ROW acquisition, but would fall way short of completing the construction costs. The City would have to pay the difference in construction costs using federal standards, or apply for additional ODOT/FHWA funding (see 1a). The City would then have 20 years to fully complete the bikepath. c. The City's agreement with ODOT expires in March 2007 so any "spending" could only be done until March without an extension of the agreement. ODOT will not program additional dollars or agree to an extension until the issues surrounding wetlands, rights of way, access, railroad crossings, and funding have been resolved. FHWA will not allow ODOT to program funds for ROW acquisitions until full environmental compliance has been received. Unless the City convinces the TE Committee that the project is feasible and therefore the agreement should be extended, it is likely that in March the agreement will automatically expire and the City will not longer have any funding to spend on this project. The contract with the design engineers (OSEC) would be terminated and ODOT would pay for all expenses incurred up to that point and expect the City to reimburse their portion of the costs. d. There is an additional risk that the Railroad will not extend its deadline for developing the City's easement for the bikepath. Our agreement with the railroad is to complete construction by 2011. 2. Stop all work on the current design and reimburse ODOT/FHWA grant funds. a. This eliminates the City's further responsibility to ODOT/FHWA for completion of the project. The City would be obligated to pay all but the 10.27% match for costs incurred to date. As of the end of October, ODOT has paid the design engineer (OSEe) $91,940 - the City's obligation would be $82,490. It is anticipated that there might be a few more tasks that OSEC has completed, but it is not likely that the City's costs would be over $90,000. The City's obligation could likely be banked and paid at the end of 10 years if the City coordinates early with FHWA and ODOT. b. This option would allow the City to have the design in its current state (approximately 60% complete), and would be able to complete final design on any portion or the entire section of the bike path to meet City's standards (not as stringent as the federal requirements for materials testing and right of way acquisition). c. The de-obligated TE funds would either be retumed to Region 3 for general distribution or back to ODOT for general distribution. The City of Talent has a project that could use the additional funding within the ODOT Region 3 area. d. Again, the risk that the Railroad will not extend its deadline for constructing the bikepath along the City's easement would have to be resolved. Our agreement with the railroad is to complete construction by 2011. Staff recommends Option 2. Potential Motions: Consistent with the options presented above, staff sees two primary options for council and recommends option 2. 1. Council moves to continue with design of the North Ashland Multi-Use path, expend the grant funds as originally intended, and request additional funding to ultimately complete the bikepath. 2. Council moves approval of staff recommendation as proposed in Option 2, to stop work on the current design and reimburse ODOT/FHWA the grant funds expended to date within an appropriate time frame. Attachments: Council packet for Study Session December 4, 2006 G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC Bike Path Decision 20Feb07.doc Page3 of 3 r~' U' I Council Communication CITY OF ASHLAND Discussion of Bike Path Funding and Priorities Meeting Date: December 4, 2006 Department: Public Works / Engineering Contributing Departments: Finance Approval: Martha Bennett Primary Staff Contact: Paula Brown 552-2410 E-mail: brownp@ashland.or.us Secondary Staff Contact: Jim Olson 552-2412 E-mail: olsonj@ashland.or.us Estimated Time: 35 minutes Statement: This item is being brought to Council to raise awareness and concerns regarding the design of the North Ashland Multi- Use Path from Laurel Street to Jackson Road and to further discuss Council's priorities regarding bike paths, funding constraints, regulations for the use of federally funded grant projects and options to continue to support the City's goal for city-wide bike paths. Staff Recommendation: Although this is a study session and formal actions are not to be taken, it is recommended that Council give staff direction to identify ways to support the Council's previous direction and goals for bike paths. Staff is proposing to help Council be fully aware of the federal requirements with this current project and for future federal projects, potentially reduce the City's scope of the current federally funded bike path project, or terminate the current federal grant and look for better options to complete the North Ashland Multi-Use Path and to better utilize the federal funds. Background: Ashland's commitment as defined in the Transportation Element "ensures we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move towards a less auto-dependent community" has focused attention on the need for a bike path network. Ashland began changing its auto-focused approach as the transportation element was being adopted. The Transportation Element has four pedestrian and bicycle goals and priorities: 1. To raise the priority of convenient, safe, accessible and attractive walking and bicycling networks. 2. To support and encourage increased levels of walking and bicycling 3. Emphasize environments which enhance pedestrian and bicycle usage 4. To dedicate funding and staff support to implement the goals and policies of this section The City's Transportation System Plan (May 1998), Chapter 7, Pedestrian and Bicycle Amenities, focused on determining the feasibility and cost of providing city-wide bicycle and pedestrian amenities to make walking and bicycling not merely a possibility, but a preferable transportation option. The bicycle project priorities were identified as providing a pathway along the railroad tracks (3.2 miles of path at a cost of $1 ,658,000), completing the Bear Creek Bike Path (estimated at $2,116,000) and several connections to these paths for routes to schools, employment centers and neighborhoods. Since then, several new bike path and shared bikeway projects have been completed in Ashland; the Greenway Bike Path from Valley View Road to W. Nevada Street (Jackson County funded through the Oregon Department of Transportation, ODOT) was completed in 1997; the Central Ashland Bike Path was completed with ODOT (federal funds) funds in 1999; N. Mountain Avenue was improved with bike lanes in 2003; Siskiyou Boulevard and a significant portion of Ashland Street were modernized to include full bike lanes or shard shoulder lanes (00 aT State funds) in 2004; a significant segment of Tolman Creek Road was improved to add bike lanes in 2004 and 2005; bike path easements have been secured along Bear Creek and future development has criteria for bike path development. G:\pub-wrks\admin\PB Council\Street_ Sidewalk _ RR misc\CC SS Bike Path Discussion Dec06.doc Page I of4 ~:., - ATTAG'-'tv1e:NT- Project Background: In October 2001, the City purchased a 12 foot wide easement from the Central Oregon and Pacific Railroad (CORP) over the northerly section of the railroad right of way between Jackson Road and Laurel Street. This easement represents the only viable option for a bike path or multi use path for this section of the trail corridor. In 2003, the City applied for and received a grant through the federal Transportation Enhancement (TE) program from ODOT and FHWA for $580,000 plus the required City match of $66,000 (10.28%) for a project total of $646,000. The project, defined as the North Ashland Multi-Use Path, begins at Jackson Road, crosses over Wright's Creek and then heads south along the railroad tracks. A significant portion of the path (1730 feet) was built with private funds as required for the development of the Billings Ranch Subdivision. The path was designed to begin at Jackson Road, continue to Glenn Street, cross Glenn Street at grade parallel to the railroad tracks, and then continues to the intersection of Laurel and Hersey Streets. This section of bike path between Jackson Road and Laurel Street is just under a mile long (5035 feet or 0.95 mile). See Attachment 1 for a map of the current project. As this project is funded through a federal grant with Transportation Enhancement Funds, all federal design regulations apply. There are specific design standards to be met; 10 foot wide pavement section, 4 inches of asphalt over 8 inches of aggregate base and geo-textile fabric requirements for certain soil conditions. There are limits to the slopes on the path, specific drainage requirements and vertical cut slope limitations. There are nine culverts under the railroad tracks and a new box culvert bridge required for the crossing at Wright's Creek. Wetlands have been identified on the site which must be mitigated. During the initial design phase, several details were defined that were not fully known during the scoping of the project. The design engineer identified a significant number (12) of additional property right of ways that would need to be acquired to accommodate additional areas for these design considerations. The project includes several sections of significant retaining wall sections that were not identified in the preliminary scoping of the project. As such, the cost of the project at the preliminary design phase has grown to $2,204,750 - almost three and a half times the original estimate (see Attachments 2 and 3). In addition, two other elements have changed since the beginning of this project and they both significantly impact the ultimate use of the bike path; 1) a section of Jackson Road that was intended to be the termination point of this bike path project was vacated by Jackson County and returned to the Billings Ranch Properties -- meaning the City has no right to use Jackson Road without acquiring additional right or way or easements along the old Jackson Road, and 2) the Billings Subdivision has postponed the construction of the golf course which also limited future access for the bike path as the plan was to have the bike path wind its way around the golf course to a northern connection to the Bear Creek Greenway. As such, there are several current unknowns and concerns with this project 1. The bike path's proposed termination point at Jackson Road is in question as Jackson County, at the request of the Billings Ranch properties has vacated the road - meaning we have no right to use that section of road for access. The City would have to obtain either right of way or an easement from the Billings Ranch Properties for a 12 foot pedestrian and bike path easement (approximately 1550 lineal feet is required). The current project terminus on Jackson Road, still requires path users to use a County street that is not well maintained and does not have dedicated bike lanes to ultimately reach the Greenway, rather than going through the golf course to link directly with the Greenway as originally envisioned. Jackson Road winds around (outside City limits) and exits onto N. Main at Mike's Muffler. The original bike path concept included a path through the proposed Billings Ranch Golf Course. 2. There are two railroad crossings within this project that require ODOT Rail and CORP approvals; Glenn Street and the Laurel/Hersey crossings. Application has been made to ODOT Rail, but the concern is with the grades and site distance at Glenn Street. ODOT Rail has strongly recommended closure of the Glenn Street crossing (to vehicle traffic which would eliminate these concerns). Staff is concerned that the City will not receive permission for either crossing unless Glenn Street is closed. 3. Because the use of federal funding, ODOT requires that the City go through a very rigorous process to obtain additional right of way. As such the cost to obtain the necessary right of way is estimated at $741,000 (was G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC SS Bike Path Discussion Dec06.doc Page 2 of 4 rA' only $2,000 in the original project scoping document). The estimates for acquiring additional right of way are now more than the original project cost. Options: Staff is very concerned with the increasing costs of this bike/multi-use path project. Although this would be a great addition to the City's existing bike path system and a much needed link to the northern corridor, the unknowns with Jackson Road and the exorbitant costs due to the federal requirements, especially with right of way acquisition, make the project as currently planned a fiscally irresponsible alternative. Staff has been working with OOOT to evaluate available options for this bike path. There appear to be four viable options: 1. Continue with design and spend the allocated OOOT TE (FHWA) dollars on the North Ashland Multi-Use Path from Laurel Street to Jackson Road. a. Apply for additional OOOT/FHWA funding to cover the increases in construction and right of way costs. The risk is that Ashland may not get support for additional funding. b. Regardless of additional funding becoming available, the City would incur the responsibility of completing the construction and at least have the project under construction within 10 years. If the funds are spent on the purchase of right-of-way, then the project construction completion time is extended an additional 1 0 years (20 years total). c. The current grant amount could be applied to the right-of way acquisition, but would fall short of completing the construction costs. The City would have to pay the difference in construction costs, or apply for additional OOOT/FHWA funding which is not guaranteed. The City would have 20 years to gain the additional funding. d. There is a risk that the Railroad will not extend its deadline for developing the City's easement for the bikepath. Our agreement with the railroad is to complete construction by 2011. 2. Change the length of the project (from Laurel to the connection with the path currently constructed at Billings Ranch), continue and complete design, and ultimately spend the allocated OOOT/FHWA dollars. a. Append the construction to this shorter section of the bike path and petition OOOT/FHWA to allow construction of a shorter section that might fit within the existing grant amount. The terminus would be to tie into the existing bike path built at the Billings Ranch subdivision, not at Jackson Road. b. The risk is that OOOT may not allow a reduction in the scale of the project, then we would be back to looking at another alternative. Another risk is that the grant funds still may not cover the shortened section, but this section does not have the wetlands mitigation issues, or the significant amount of additional right of way acquisition. c. Staff feels that this shortened section of the bike path could be built and that would be a positive connection for the North Ashland Bike Path. This change in terminus will require OOOT approval (discussion have been initiated, but OOOT will not meet until December 11th to give us a final decision). Again, if the City continues to spend federal dollars, the City would incur the responsibility of completing the construction (reduced scale or not) and at least have the project under construction within 10 years. 3. Stop all work on the current design of the extension of the North Ashland Multi-Use Path from Laurel Street to Jackson Road and pay back the grant funds to OOOT/FHWA. a. This eliminates the City's further responsibility to OOOT/FHWA for completion of the project. The City would be obligated to pay all but the 10.28% match for costs incurred to date. As of the end of October, OOOT has paid the design engineer (OBEC) $91,936.78 - the City's obligation would be $82,485,68. It is anticipated that there might be a few more tasks that OSEe has completed, but it is not likely that the City's costs would be over $90,000. b. This option would allow the City to have the design in its current state (approximately 60% complete), and would be able to complete final design on any portion or the entire section of the bike path to G:\pub-wrks\admin\PB Council\Street_Sidewalk_RR misc\CC SS Bike Path Discussion Dec06.doc Page 3 of 4 r., meet City's standards (not as stringent as the federal requirements for materials testing and right of way acquisition). Staff would bring the final estimate to the Council for further funding approval. c. The de-obligated TE funds would either be returned to Region 3 for general distribution or back to ODOT for general distribution. The City of Talent has a project that could use the additional funding within the ODOT Region 3 area. 4. Stop work on the current project and petition ODOT/FHWA to reassign the funds to a higher priority Ashland project. a. b. c. This allows Ashland to retain the grant funds, but still requires the federal requirements be fulfilled for any project. There are likely time constraints to use the funds and the City may not be able to meet the constrained time frames without additional time granted by ODOT. Possible projects would include: i. Extend the Greenway from the end of W. Nevada to N. Mountain (south side of Bear Creek) ii. Extend the North Ashland Bike Path from Tolman Creek Road to Washington Street iii. Extend the bike path along the railroad tracks from Oak Street to 4th Street. Related City Policies: Budget Documents including the CIP City of Ashland Transportation System Plan (1998) Transportation Element, Chapter X of the Ashland Comprehensive Plan (1996) Council Options: Staff remains concerned with the use of federal funds when the cost is significantly more for no real difference in outcome and will continue those discussions with ODOT. Staff feels the proposed bike/multi-use path has considerable merit and would like to pursuer completion of a shorter section of this project between Laurel to the connection with the section built by the Billings Ranch Subdivision. The would allow connections to both the new subdivision and a loop from Laurel Street to the Quiet Village neighborhoods and back around to the dog park with a connection there to the Greenway. With Council's consent, staff would like to pursue the following two options so that the bike path could still be an option in the future. Regardless of the following options, staff will continue to keep council appraised on this bike path, future potential connections and the availability for grants. 1. With Council's acceptance, staff proposes to enter into discussions with ODOT to allow a shorter section of the bike path to be constructed from Laurel to the connection with the existing path at Billings Ranch. As discussed previously, this may not meet ODOT's needs, then we should realistically consider option 2. 2. Or Council could direct staff to immediately stop any additional federal funding on this project and either pay back the original amount or transfer this to a better Ashland project. If there is no viable Ashland project for the TE Funds, staff proposes to buyout the federal funds expended to date and transfer the TE Grant dollars . to the higher priority Region 3 project (Talent). Potential Motions: As this is a study session, no motions are presented. Attachments: 1. Map of the proposed project location 2. Original Project Cost Estimate 3. Current Project Cost Estimate G:\pub-wrks\admin\PB Council\Street_Sidewalk RR misc\CC SS Bike Path Discussion Dec06.doc Page 4 of 4 r:., == .cd iU11 ---~ =a "D ~ "...- \\0 V'""", . . - j- ,-~j,8--0.","""~ ~ ~.1 ~ I :b-i ~/~ r.; 'f ~jJ , -d' ~~\ ~ ~ f . 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",of \ /", ,~ \~' " ,0 "4' Q \~ V b (ry, ~~=~ -'-J"-., I '~'" Cl\,..I~~5>'CJ/1 U '\ , 0 . '~" '.. ".i " j :, ,. ":I~, ~ ,/ \\;! )'k. /) ~\)" /:^-..-... '- r / t \ ' I \,......'.., \1 '\'~~'~~. "~fr\'~.{. . ~J. /.... _ i ' r \,. \ . ",]' , '1 "- _ u" " . \ / \ \ , ' )f, II < \r ......,. \ ~ - " . \ ! r ,'" ). .... ./ . \ \' , 'I!' i'r:t , ., I \ ,);~,;om- c ~I\\ ,~. . "". , I ..<:..~'A i ~I &J~f~Qj)t~~,2~:{(0~, "'! , ~. it I~~)b' \;\\~,~ ,.'"" '" tfl l/\~~~~~~~~\''',' I I II \ \ c. "\ ,_ '\' '. '. '1\ \ \ ~~~h _ "., I - ATTACHMENT NO.2 Cost Estimate Use this fonn or equivalent. You may change line spacing and sub-headings to reflect relevant items of work for your project. PRELIMINARY ENGINEERING(PE) Project Administration 1. Sponsor's administrative costs 2. ODOT administrative costs Quantity (Q) Unit Price (UP) Cost (Q x UP) Design and DeveloDment 1. Engineering 2. Railroad Permitting 40 hours $50 I hour $2,000 Lump Sum $10,000 10% $557,000 $50,000 $1,000 100 hours $80 I hour $8,000 40 hours $50 I hour $2,000 50 hours $80 I hour $4,000 75 hours $40 I hour $3,000 20 hours $50 I hour $1,000 Total PE $81,000 $2,000 Total ROW $2,000 Environmental Process 1. Permitting Coordination 1. Partnering with other agencies 2. Information IlnterDretive 1. Public input process Other Proiect Development or PE 1.Bidding 2.Contract and value engineering constructability review RIGHT.Of.WAY (ROW) 1. Legal document preparation CONSTRUCTION (CONST) Site PreDaration 1. Mobilization 2. Survey 3. Roadway. Bikeway. Walkway 1. Excavation and fill placement 2. Minor structure and drainage 3. Surfacing (AC) Buildinas and Other Facilities 1. Landscape 2. Irrigation 3. Lighting Other Construction Activities 1. Temporary traffic control 2. Erosion control Contingency Construction Engineering Cost Estimate (continued) Quantity (Q) Unit Price (UP) Cost (Q x UP) Lump Sum $24,000 Lump Sum $15,000 3970 CY $18/ CY $72,000 4872 LF I $5 /LF $24,000 1133 tons $60 / ton $68,000 73,000 SF $1.121 SF $88,000 73,000 SF $0.08/ SF $58,000 15 poles $1200 each $18,000 Lump sum $5.000 Lump sum $15,000 Subtotal $387,000 20-30% of total construction costs above $484,000 Approx. 15% of construction with contingency $73,000 Total CONST $557,000 Total Cost: $640,000 PE + ROW + CONST Item ATTACHMENT NO. 3 Jackson Road - N, laurat Sire&!, Ashland Sactlon North Ashland Multi-Use Path Grading & Paving Tlble 1 Prellmln.ry engine.... Cost Ea1Imala 7/U12OOe (Updatad 1G1l112OO6) Bid Unn ESI Uril Ouanuty Unit Price Total Price Subtotals llmp Sum Ll.It1pSl.It1 All llmp Sum $ 86,700,00 lump Sl.It1 Lump Sl.It1 All Ll.It1pSl.It1 $ 15,000,00 Ll.It1pSl.It1 Lump Sum All l<.mp Sum S 20,000,00 Llmp Sl.It1 Lump Sum All Llmp Sl.It1 S 10,000,00 Lump Sum Lump Sum All Lump Sum S 40,000.00 CUYD CUYD 4,900 S 20,00 S 98,000.00 SQYD SO YO 1,600 $ 1,50 $ 2,400.00 FT FT 120 $ 50.00 $ 6,000.00 FT FT 30 $ 00.00 S , ,800.00 FT FT 144 $ 70,00 $ 10,080.00 Each Each 1 $ 1,500.00 $ 1,500.00 Each Each 2 $ 3,000.00 $ 6,000,00 Each Each 1 $ 1.000,00 $ 1,000.00 FT FT 14 1,500.00 $ 21,000,00 Lump Sum Lump Sum All 35,000.00 $ 35,000.00 SOFT SOFT 4,000 $50.00 $ 200,000.00 MOBILIZATION AND TRAFFIC CONTROL Mobilization@ 10% Tratlic Control EROSION CONTROL Erosion Conlrol ROADWORK Removal of Structures and Obstructions C1aaring and GntJbIng Ernbanl<menlln Place Subgrada GeoIextile DRAINAGE AND SEWERS 12 Inch Culvert, 5' depth 18 inch Culvert, 5' depth 24 Inch Culvert Pipe Type "0" Inlet Storm Sewer Manhole AdjustingMaMoles MISC. STRUCTURES Reinforced Concrete 80. Culvert 80. Culvert Wlngwalls and Aprons MSE Relaining Wf/A BASES Aggregate base WEARING SURFACES Asphalt Concrete Pavement TON TON 2,200 $ 18.00 $ 39,800.00 TON TON 875,0 $ 65,00 S 56,875.00 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES PaInted Permanent Pavement Striping (Blkepalh) FT RlGHT-oF.WAY DEVELOPMENT AND CONTROL Removable 801lards Tubul... Rail Fence, Type 1 4' Tall Chain Link Fence LANDSCAPING Wetland Mnigation PlanlslGrading FT 500 $ 2,00 $ 1,000,00 Each FT FT Each FT FT 12 $ 950 $ 3,300 $ 750.00 $ 15,00 $ 20,00 $ 9,000.00 14,250.00 00.000,00 LumpSum lumpSum All Lump S\IT1 $ 50,000.00 SUBTOTAL OF ITEMS $ Contingencies@3O%, $ Construction Engl_ring@ 15%. $ TOTAL CONSTRUCTION ESTIMATE: $ 967,730.00 290,000.00 145,000.00 1,403,000.00 RIGHT -OF-WAY PURCHASE: 12 Appraisal. @ $2500.00 88, $ 12 Appraisal Reviews @ $1500,00 ea, $ 12 TiDe Reports @ $250.00 88. $ 46,000 Sq Ft. @ $15.OOISq, Ft $ TOTAL RIGHT-OF-WAY ESTIMATE: $ 30,000.00 18,000.00 3,00000 690,000.00 741,000.00 RAILROAD FLAGGING 650 Hours @ $75.OOIHr TOTAL RAILROAD FLAGGING ESTIMATE: 48,75000 48,750.00 ADDITIONAL woe EXPENSES(OBEC) Two additional DOE & LOE Documents $ Prepare Design E.ception Documentallon $ TOTAL woe AMMENDMENT ESTIMATE: $ 7,00000 5,000.00 12,000,00 TOTAL PROJECT ESTIMATE: $ 2,204,750.00 Council Communication Designate of Elected Official Liaison to ICLEI Meeting Date: February 20, 2007 Primary Staff Contact: Dkk Wonde<scheid,~ Department: Electric & Conserv tion 552-2061 wandersd(mashland.or.us Contributing Depart. NI A Secondary Staff Contact: NI A Approval: Martha Benn Estimated Time: 5 minutes Statement: The City of Ashland is now a paying member of ICLEI (Local Governments for Sustainability) and we need to formally designate an elected official liaison. Background: The City has been a member ofICLEI since 2004. ICLEI is an association of cities, towns, counties, metropolitan and local government associations. Their mission is to build and serve a worldwide movement to achieve tangible improvements in global sustainability with specific focus on environmental green house gas emissions through cumulative local action. The local membership in ICLEI up until 2007 was voluntary without membership fees. We have been implementing it in conjunction with the Environmental Education Class at SOU and have worked with three different sets of students in implementing the program requirements. Now the annual membership fee for membership in ICLEI for a city the size of Ashland is $600.00. The City's Conservation Division, Conservation Commission and Bike and Pedestrian Commission have all agreed to cover 113 of the annual fee on a trial basis for one year to see if the City can successfully use the program to further our local sustainability efforts. As a paying member, the City needs to formally designate an elected official liaison to ICLEI. The purpose of this communication is to receive Council direction on who should be formally listed on our application form as this liaison. Related City Policies: N/A Council Options: To designate one of the City's seven elected officials (Mayor & Councilors) as our formal elected official liaison. Staff Recommendation: N/A Potential Motions: Move to designate as the City of Ashland's ICLEI elected official liaison. Attachments: N/A 1 CITY OF ASHLAND Council Communication Comment on Jackson County Ordinance on Destination Resorts Meeting Date: Department: Contributing Departments: Approval: Primary Staff Contact: David Stalheim E-mail: stalheid@ashland.or.us Secondary Staff Contact: Estimated Time: 15 Minutes Statement: Jackson County is considering adoption of amendments to the Jackson County Comprehensive Plan and Land Use Ordinance that would authorize development of large and small destination resorts. The proposed amendments could allow development adjacent to the city and in the Areas of Mutual Concern, including the Ashland watershed. The proposed amendments do not adequately consider the concerns of the city. The letter from the city proposes that Jackson County withhold adoption of the proposed amendments until such time as the concerns of the city are addressed. Staff Recommendation: Staff recommends that the Council support and authorize the Mayor to sign the enclosed letter to be delivered to Jackson County. Background: Jackson County is proposing to amend the County Comprehensive Plan, Land Development Ordinance and the Goal 8 Eligible Siting Map for developing destination resorts in Jackson County. The Oregon Legislature amended the Destination Resort Statute in 1993. Jackson County never implemented the changes to the Destination Resort Statute enacted in 1993. Additional information is available on Jackson County's web site at http://www.co.iackson.or.us/Page.asp?NavID=1291. Related City Policies: Ashland/Jackson County Urban Growth Boundary Management Agreement Council Options: Options include sending the letter as drafted, revising the letter or electing not to comment. Potential Motions: Motion to authorize the Mayor to sign the letter to Jackson County expressing the city's position on the proposed amendments to Jackson County Comprehensive Plan and Land Use Ordinance. Attachments: Draft Letter Map r~' CITY OF ASHLAND February 20, 2007 Board of Commissioners Jackson County 10 South Oakdale Ave., Room 200 Medford, OR 97501-2902 Re: Proposed Destination Resort Ordinance Dear Chair Smith, Commissioner Gilmour, and Commissioner Walker: On behalf of the City Council, I am writing about the proposed amendments to the Jackson County Comprehensive Plan and the Jackson County Land Development Ordinance regarding destination resorts. I request that this letter be formally entered into the record. The City of Ashland requests that Jackson County delay adoption of this code and map until after it has formally conferred with the cities within the county. The City of Ashland requests that City and County staff meet to discuss the potential impacts of this action. Our preference would be that this type of action be included in the Regional Problem Solving project. If the County wishes to proceed outside RPS, then we would like to request several substantive changes both in the map and in the policy and standards proposed for adoption. First, the city is concerned about overall coordination of land use and other matters between Jackson County and its cities. To our knowledge, the first notice that the City received of this action was the Ballot Measure 56 notice that was faxed to our offices on January 29. We request that you delay to facilitate discussion between Jackson County and the City of Ashland consistent with Oregon Land Use Goal 2 regarding coordination. The proposed changes to Jackson County's Land Use Ordinance with respect to the approval of Destination Resorts directly effects not only land located within the Areas of Mutual Concern as defined and delineated within the Ashland/Jackson County Urban Growth Boundary Agreement, but also property under the ownership of the City of Ashland. The "Ashland/Jackson County Urban Growth Boundary Agreement" specified that the county "shall consider the City's valid interest in the land use matters before it in the areas of mutual concern." The map also includes land in the City of Ashland's watershed, and we would like to see all of those lands excluded. The City firmly believes that our watershed needs higher City of Ashland 20 East Main St. Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 -.. ...~ levels of protection that currently exist, and a destination resort will likely never be appropriate in these areas. Second, we believe that coordination between the City and the County is needed to evaluate the potential impacts that could result from these proposed amendments adjacent to the City and its urban growth boundary. The proposed map (Exhibit C) allows the siting of small destination resorts immediately adjacent to the city. What effect would destination resorts have on the size and location of urban growth boundaries? What effect would destination resorts have on the services, particularly emergency services and transportation, cities provide to support lodging accommodations? If these questions were pursued in a collaborate, deliberate process, the result would probably be a map that would be narrowly constructed to areas where destination resorts are more properly located, which in Ashland's opinion is not immediately adjacent to our city limits as provided for with small resort standards. The enormity of the potential impact of destination resorts in the county needs to be more fully explored. For example, a destination resort could include a golf course, restaurant, overnight accommodations of up to 150 units, 300 residential units for sale, convention and conference facilities, tennis courts, spas, clubhouses, retail shops, gas stations, etc., all located on just 160 acres. The density and scale of this development does not meet the definition of "rural" lands as contemplated in Oregon Land Use law, or the Ashland/Jackson County Urban Growth Boundary Management Agreement. The City believes that destination resorts, whether large or small, should not be located immediately adjacent to the City without our consultation and full support. At a bare minimum the City of Ashland requests that small destination resorts locate no closer than five (5) miles from an urban growth boundary, and large resorts no closer than ten (10) miles from an urban growth boundary. Any project that is closer proximity to the city should be considered as areas of potential future urbanization due to the immediate impact on city facilities and services, and the likely need for additional urban services in the near future. Third, we believe that the approach taken by the County is too broad and does not meet the intent of Goal 8. Oregon law (ORS 197.445) states that a destination resort should be located in a setting with high natural amenities. While we will all agree that Jackson County, including the City of Ashland, is a premier location, Jackson County has taken the broad brush approach to this requirement of Oregon Law and painted what appears to be about half of Jackson County as eligible for consideration of destination resorts. We request that the County conduct a more meaningful exercise to limit areas in the jurisdiction where such resorts should not be located due to natural and physical constraints or legal constraints, such as the large amount of the County in federal ownership. Additionally, we believe that the areas included on the map should be tied, as required by Oregon law, to specifically identified natural features, such as a mountain peak, a significant river or lake, or some other natural amenity. City of Ashland 20 East Main 51. Ashland, Oregon 97520 www.ashland.oLus Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 rA' Finally we question why proposed amendment to Forest Lands Element, Policy 1, Implementation Strategy (8) appears to allow the reduction in parcel sizes in the Forest Resource zoning district from 160 acres to 80 acres. What relationship is there in this policy change to the consideration for Destination Resorts? This policy change appears to be a major divergence of the county away from protection of forest lands and further explanation is necessary to understand this issue. It would seem appropriate that possible changes to the destination resort amendments would be best dealt with through the established Regional Problem Solving evaluation and decision making framework. At a minimum, Jackson County should extend an opportunity to all of the city governments in the County to address potential concerns that proposed changes may have on the regional planning process. Thank you for consideration of our comments. Sincerely, John Morrison Mayor City of Ashland 20 East Main St. Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 r., Jackson County Lands Eligible For Siting Of A Destination Resort + EXHIBIT C JACKSON COUNTY PLANNING COMMISSION RECOMMENDATION undl Eligible for SH:Ing Of A Large Or Small Destination Resort IN D=="ri,~=~n=o:u:::.::ort. lMds EUglble for Siting Of It 8m1111 DestlnItion Resort IN EspecIaUy Sensitive Deer & E. Winter RMae. Identified High Value Crop "'- (HVCA)- One Half Mile Buffw Around &ch High V"ue Crop"'" Th,... Mile Buffet Around ldentlfted High V"ue Crop Areas Prime Agrk:ulturlll SoIls _ Class 1 or 2 Forest SoIls Ctly Umits . Th. JKbon County Pl~nln" Comm"'lon Rec:onvMndI RwnovaI or Hartnell PropenI_ Frvm BeIng Mapped" Eaped"1r Senslltft DMr and Bk WInW RanV' H...... Solely On The o.tIndon RMort Eligibility II~ ....rtneI PropertIM Aft And WI. ContInue To Be WIthin EsptcIIIy..... Deer And Elk Winter RMge....bIIat On The JIICbon County CompnIl..... P"n and Gc* 5 Deer And E. WInter Rlinge Map.. .....-an... PropeItI..,.. AIM SUbject To .... LOQII WId'" Eligibility Requllwnentli,. RllferMced Under Footnote.. &.low. 10 Mil.. .. ;'V-. ;;:. - Eligibility Is subject to compliance with ail local and state Destination Resort requirements. There are several limiting factors that affect whether a site will actually qualify for a Destination Resort. Location of a property within an Eligible Area does not necesarily mean the site will qualify. For Example, a Smail Destination Resort may only be sited within an Exception Area on sites larger than 20 acres . - High Value Crop Area (HVCA) : Please reference the Destination Resort Element of the Jackson County Comprehensive Plan for a complete deflnltion of HVCA. Primary Assumption: /Id Least 3 Commercial Farms with High Value crops within approximately one half of one mile of each other were mapped as HVCA. (Assumes commercial farm land situated between high value crops, that Is not currently producing but has the potential to produce high value crops, is not used to determine proximity parameter of one half mile.) ~1"'2001 (nMMd1-Z2-Ol;1ll-31-oe;1z..14-01J.;\M~_"-t\FInaI2_~_~ & .apIf\Ieyoul:3f111l173t1T_.....ml..rvsdl CITY OF ASHLAND Council Communication Resolution Authorizing Signatures, Including Facsimile Signatures, for Banking Services on Behalf of the City of Ashland Meeting Date: February 20, 2007 Primary Staff Contact: Barbar~stensen Department: City Recorder/Tre surer E-mail: christeb@ashland.or.us Contributing Departments: None Secondary Staff Contact: Approval: Martha Benne 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, JoAnne Eggers Chair of Parks Commission, and in their absence Lee Tuneberg, Finance Director. Background: The chair of the Parks Commission has been changed from Rich Rosenthal to JoAnne Eggers. 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 r., RESOLUTION NO. 2007- 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 JoAnne Eggers 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 ~ 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 Reviewed as to form: Mike W. Franell, City Attorney n" I CITY OF ASHLAND Council Communication A Resolution of the City of Ashland, Oregon, Declaring Official Intent to Reimburse Expenditures for Clean Renewable Energy Project Meeting Date: February 20, 2007 Primary Staff Contact: Lee Tuneberg I)~ J Department: Finance - Purchasing E-mail: tuneberl@ashland.or.us Contributing Departments: Fi~nnc b Secondary Staff Contact: Approval: Martha Benne E-mail: Estimated Time: Consent Ag Statement: The attached resolution is needed to allow the project to build a Solar Energy Project producing a minimum of 60kWh financed through the issuance of Clean Renewable Energy Bonds to proceed. The resolution is a financial-legal requirement to allow the City reimburse itself for any monies paid out on the project in advance of receiving the proceeds from the bonds. Staff Recommendation: Staff recommends that the attached resolution be approved. Background: The Electric Department recommended the FY 2006-07 budget include a solar energy project similar to those done in the past. The proposal was submitted to Council in January 2006 and authorization for the project was given so that it, and related financing, could be included in the budget for this year. The financing of the capital project is the issuance of new bonds authorized through the federal government as tax-exempt instruments and authorization from the federal government to pursue was not granted until December. This project is in keeping with energy conservation goals and programs, similar to those utilized in 1999 when the Civic Center and other buildings around town were outfitted with panels to generate additional energy. Electric presented this program, the financing and the potential for citizens to buy the "green" output from this project or invest in the program, receiving credits to their utility bills, thus generating a revenue stream sufficient to retire the debt. The City could also use the output to augment its supply and existing commitment to buying green power. The Conservation Commission recommended this project to Council in February 2006. Council approved staff's recommendation to apply to participate in the program, gaining authorization to issue up to $500,000 in CREB bonds. Per that authorization, this program and finanCing was included in the FY 2006-07 budget. The attached resolution is a necessary step for the bond issue process. Next steps include issuing an Request for Proposals to construct the project (the contract would come to Council for approval) and a resolution coming to Council to issue bonds. r~' Related City Policies: N/A Council Options: Council can approve the resolution, authorizing staff to proceed with the process to issue bonds or Council can reject the resolution and staff will not pursue this project without further Council direction. Potential Motions: Council makes a motion to approve the resolution, authorizing staff to proceed with the proposed financing of the Solar Energy Generation project as presented by staff. Attachments: February 7,2006, Memo from the Conservation Commission Resolution rA' Memo DATE: 2/07/06 TO: Mayor & City Council FROM: Conservation Commission SUBJECT: Renewable Resource and Solar Discussion BACKGROUND At the January 25, 2006 meeting, the Ashland Conservation Commission reviewed and discussed the Council Communication on Renewable Resources and Solar Program Options with a goal of making a recommendation to the Mayor and City Council on how to proceed on these important issues. After reviewing these options in a spirited discussion which lasted over an hour, the Commission voted unanimously to recommend the following: Environmentally Preferred Power- The Commission unanimously recommends that the City continue to purchase Environmentally Preferred Power (EPP) from the Bonneville Power Association (BP A) for the next 3 years. We propose the City increase their purchase to 2 aMW or 10% of our total wholesale power supply, however, we recommend that the total incremental costs should exceed $100,000 which is $8,100 or 8.8% more than the City currently spends. Because EPP costs will be in the $4-$7 mWhr range, this dollar amount will allow a bigger purchase that the current 1 aMW the City now purchases from BP A. The Commission's rationale for continuing the purchase is to continue to support development of new renewables in the Northwest and to reduce carbon emissions associated with electricity production. The proposed 8.8% increase in spending is loosely based on the population increase in the City since 2000 when the City entered into their current contract for EPP with BP A. Solar Program Option- The Commission supported the model of using CREB interest free bonds to fund a new community solar system where output could be sold on a voluntary basis to citizens and voted unanimously that a $500,000 solar system funded by CREB, should be pursued by the City ~~~~ . Feel free to call our staff liaison, Dick Wanderscheid, at 552-2061 if you have any questions or need further information or assistance. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY OF ASHLAND, OREGON, DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES Recitals: A. The City of Ashland, Oregon (the "City"), intends to finance the costs of building/installing Solar Energy Generation with a minimum of 60 kW capacity at 90 North Mountain (the Project") with a Clean Renewable Energy Bond (CREB) authority tax-exempt obligation; and B. Federal tax law requires an issuer of tax-exempt obligations to declare its intention if the issuer expects to spend its funds on a project and later reimburse itself for those expenditures from the proceeds of tax-exempt obligations; and C. The City reasonably expects to reimburse the expenditures it incurs for the Project by issuing CREB tax-exempt obligations; and D. The maximum principal amount of bonds which the City will issue and use to reimburse itself for the Project is $500,000 and has been previously designated by Council for reimbursement through tax-exempt obligations. THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES: SECTION 1. The City of Ashland, Oregon, declares its official intent to reimburse its expenditures on the Project with the proceeds of the tax-exempt obligations; and SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090 duly PASSED and ADOPTED this day of ,2007. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2007. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney 1- G:\FINANCE\ADMINISTRATION\COUNCIL COMMUNICATION\FEBRUARY 07\DRAFT\RESOLUTION - REIMBURSEMENT FOR CREBS PROJECT 2-20 CITY OF ASHLAND Council Communication A Resolution Setting a Public Hearing with Intention to Form a Local Improvement District to Improve Schofield and Monte Vista Streets Meeting Date: February 20, 2007 Primary Staff Contact: Paula Brown, 488-5587 V Department: Public Works / Engineering E-mail: brownp@ashland.or.us Contributing Departments: ai/City Recorder Secondary Staff Contact: James Olson, 488-5347 Approval: Martha Benne E-mail: olsonj@ashland.or.us Estimated Time: 15 Minutes Statement: In response to a petition submitted by a number of property owners on Schofield Street, it is proposed that a public hearing be held to consider the formation of a Local Improvement District (LID) to improve Schofield Street and Monte Vista Street. The attached resolution (Attachment 2) will establish a public hearing date of April 3, 2007 to consider the formation of the Schofield / Monte Vista Street LID to construct curbs, gutters, paving, storm drains and sidewalks which would be funded, in part, by assessments levied against all lots within the proposed assessment district. Staff Recommendation: Staff recommends approval of the attached resolution (Attachment 2 with exhibits) setting a public hearing to consider the formation of an LID to improve Schofield and Monte Vista Streets. Background: LID Support Staff received the most recent petition requesting the improvement of Schofield Street and Monte Vista Street through the LID process on May 20,2006 (Attachment 4). The petition is signed by eight property owners with frontage on Schofield Street or Monte Vista Street. The number of accessible units represented on the petition is nine since one of the lots has the potential of being divided and is shown with a potential assessment of two. The percentage of accessible units represented on the petition is 39% of the total potential assessment units (See LID Boundary Map Displaying Current Petitioners, Attachment 5). The City-owned Hargadine Cemetery is also included within the proposed assessment district at four equivalent assessment units. If the City's assessment units are included with the currently petitioning lots in support of the LID, the percentage increases to 57%. There were originally thirteen lots with previously signed agreements indicating support for the proposed LID. The thirteen lots are represented on the attached map (See LID Boundary Map Displaying Prior Signed-In-Favor Properties, Attachment 6) and constitute fifteen assessment units or 65% of total assessable units. Besides the City's property, only one lot (at four equivalent assessment units) has not previously signed in favor. If the City's assessment units are included with the lots previously signed-in favor of the LID, the percentage rises to 83%. Schofield Street and Monte Vista Streets are two of three remaining unpaved streets within the northwest area of Ashland, the third remaining unpaved street being Walnut Street. Schofield and Monte Vista Streets are two of the City's more challenging streets in that both streets have sections of extremely steep grades and surface erosion is a continual problem. The existing gravel surface can also be a hazard during dry weather as traction is difficult on the steep grades. G:\pub-wrks\eng\dept-admin\LID\Schofield Monte Vista CC Setting Public Hearing I 07.doc Page I of6 r~' Proposed Improvements The Engineering staff has met with the neighborhood on two occasions to discuss the proposed improvements, funding, schedule, etc. It was agreed that the design should incorporate the following parameters: Parameter Schofield Street Monte Vista Street Street Width 22 feet 18-20 feet Sidewalk 4 foot wide on one side None Curb & Gutter Both sides Both sides On-street Parking One-side only None Parkin Ba s None None Actual street design will not commence until authorized by the Council, however, the Schofield LID design work has been tentatively added to the scope of work for the existing contract with Marquess and Associates, one of the City's pool of consulting engineering firms. Marquess is prepared to begin work as soon as the project is authorized. History On July 15, 1997 a public hearing was held to consider the formation of an LID to improve Sheridan Street, Schofield Street and Monte Vista Street. This public hearing was the culmination of efforts by the developer of Blossom View Subdivision (Bob Sullivan) to form a local improvement district to provide paved access to his subdivision. Resolution No. 97-25 set the date for the public hearing and proposed that the $238,115 project be funded as follows: $ 57,461 to be paid by Sullivan for the Blossom View Subdivision $ 180,654 to be assessed against the remaining 24 lots within the proposed assessment district. At the time the City did not participate in LID costs and the assessment rate was based upon a combination of lot street frontage and number of units. The proposed assessments varied widely from $2,960 to $22,723 per lot with the average assessment cost being $9,922. The proposal had few supporters amongst the neighbors as the consensus was that the developer should bear a much larger portion of the cost. At the public hearing more than two thirds of the proposed assessment district remonstrated against the formation of the LID thereby effectively stopping the LID process. The developer elected to improve only Sheridan Street to half street standards as part of the Blossom View Subdivision construction and was able to satisfy the planning commission requirements for access without forming an LID. LID Boundaries The proposed assessment district is comprised solely of those lots having direct frontage on or taking sole access from Schofield Street or Monte Vista Street. The benefit to these lots is readily definable and is much more direct than those who might simply use the street as a throughway to access their property. Many of the surrounding lots outside the proposed district, have already participated in LIDs to improve lower Sheridan Street, Tucker Street and the north section of Walnut Street. The district boundary is proposed to encompass only 16 lots representing 23 units as shown on the attached maps (Attachments 5 and 6). G:\pub-wrks\eng\dept-admin\LID\Schofield Monte Vista CC Setting Public Hearing I 07.doc Page 2 of6 r;., Fundinq Estimated construction costs and proposed funding options for the Schofield / Monte Vista Street LID are as follows; 1. Estimated Construction Cost 2. Engineering and Administration Cost Estimated Total Project Cost $353,000 $ 34,000 $387,000 3. City Credits; per Resolution No. 99-09 the City will contribute the following amounts to assist in the funding of LIDs: 60% of sidewalk construction costs 75% of storm drain construction costs 70% of street surface construction costs 50% of engineering and administration costs Based upon the estimated cost for the improvement of Schofield and Monte Vista Streets, the City would contribute: Sidewalk costs $27,040 @ 60% = $16,224.00 Storm drain costs $29,650 @ 75% = $22,237.50 Street surface costs $296,310 @ 20% = $59,262.00 Engineering/administrative costs $34,000 @ 50% = $17,000.00 Total City Contribution: $114,723.50 4. Assessable Cost Estimated total project cost Less credits Assessable Total Costs: Number of Assessment Units Computed Cost per Unit ($272,276.50 + 23) Maximum Assessment Rate per unit; Resolution 99-09 Amount to be paid by non-City owners ($5,138 x 19) Amount to be paid by City property (cemetery) Remaining Amount to be paid by City (SDCs and fees) Percent of cost bom by non-City property owners Percent of cost born by City 5. Sources of City Funding: LID from non-City owners LID from Cemetery assessment (4 x $11,838.11) Street SDC (15% of street, sidewalk & engr project costs) Strom Drain SDC (15% of storm drain & engr costs) Street Fees Storm Drain Fees Total Project Cost: $387,000.00 $114,723.50 $272,276.50 23 $11,838.11 $5,138.00 (2006 costs) $97,622.00 $47,352.44 $242,025.56 25.2% 74.8% $93,309.00 $47,352.44 $53,174.13 $4,875.87 $168,522.66 $15,452.90 $387,000.00 G:\pub-wrks\eng\dept-admin\LID\SchofieJd Monte Vista CC Setting Public Hearing 1 07.doc Page 3 of6 ~~, Related City Policies: AMC Chapter 13.20 sets forth the requirements and regulations of Local Improvement Districts Council Options: Council may either approve or reject the attached resolution setting a public hearing to consider the formation of an LID to improve Schofield and Monte Vista Streets. Staff Recommendation: Staff recommends approval of the attached resolution setting a public hearing to consider the formation of an LI D to improve Schofield and Monte Vista Streets. Potential Motions: Council may move to adopt the attached resolution setting a public hearing to consider the formation of an LID to improve Schofield and Monte Vista Streets. Alternatively, Council may move to reject or take no action on the attached resolution and may direct staff to provide further information. Attachments: 1. Photographs 2. Resolution wI Exhibit A and B 3. Vicinity Map 4. Petition 5. LID Boundary Map Displaying Current Petitioners 6. LID Boundary Map Displaying Prior Signed-In-Favor Properties G:\pub-wrks\eng\dept-admin\LID\Schofield Monte Vista CC Setting Public Hearing 1 07.doc Page 4 of6 r~' PHOTOS: Attachment 1 Looking south toward East Main Street Intersection of Schofield and Monte Vista Streets looking northwest G:\pub-wrks\eng\dept-admin\LID\Schofield Monte Vista CC Setting Public Hearing I 07.doc Page 5 of6 r~' II" I Schofield Street from Blossom View Subdivision looking southeast Monte Vista Street looking north G:\pub-wrks\eng\dept-admin\LID\Schofield Monte Vista CC Setting Public Hearing I 07.doc Page 6 of6 r~' U' I RESOLUTION NO. 07-_ A RESOLUTION SETTING A PUBLIC HEARING WITH INTENT TO FORM A LOCAL IMPROVEMENT DISTRICT FOR CONSTRUCTION OF IMPROVEMENTS TO SCHOFIELD AND MONTE VISTA STREETS CONSISTING OF SIDEWALKS, CURBS & GUTTERS, PAVING, DRAINAGE AND ASSOCIATED IMPROVEMENTS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. It is the intention of the Council to commence improvements to construct sidewalks, curbs, gutters, paving, drainage and associated improvements to Schofield and Monte Vista Streets. SECTION 2. The boundary description of the local improvement district is described as those lots fronting on or having sole access from Schofield and Monte Vista Streets as depicted on the map referred to as Attachment No. 1 to Exhibit A. SECTION 3. The city engineer's estimated cost of the improvement, including engineering and administration costs, and the proposed allocation of the cost among each of the property owners specially benefited is $387,000.00 of which $144.974.44 will be paid by special assessments on benefited properties. Costs will be allocated based on Resolution 99-09 capped amount of $5,138.00 per equivalent dwelling unit or potential equivalent dwelling unit and the full amount of $11,838.11 per City-owned equivalent unit within the assessment area as depicted on Exhibit B. SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland Civic Center, 1175 East Main Street on April 3, 2007, at 7:00 p.m., at which time and place the owners of the benefited properties may appear or submit written comments prior to or at the hearing as to why the improvement should not be constructed or why the benefited properties should not be assessed in the manner proposed. SECTION 5. The city recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than 30 days prior to the hearing, and by mailing copies of the notice by first class mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. SECTION 6 This Resolution takes effect upon signing by the Mayor. PAGE 1-IMPROVEMENT RESOLUTION G:\pub-wrks\eng\dept-admin\L1D\Schofield Monte Vista LID Resolution for PH 1 07 pcb.doc This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 and duly PASSED and ADOPTED this 2007. day of Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2007. John W. Morrison, Mayor PAGE 2-IMPROVEMENT RESOLUTION G:\pub-wrks\eng\dept-admin\L1D\Schofield Monte Vista LID Resolution for PH 1 07 pcb.doc H' I EXHIBIT" A" NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on April 3, 2007 at 7 p.m. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a local improvement district as follows: NATURE OF THE IMPROVEMENT: Sidewalks, curbs, gutters, paving, drainage and associated improvements to Schofield and Monte Vista Streets. BENEFITED: Those lots fronting on or having access solely from Schofield and Monte Vista Streets as depicted on the attached map referred to as Attachment NO.1. ESTIMATED COST: The estimate ofthe local improvements including engineering and administration costs is $387,000.00 of which $144.974.44 will be paid by special assessments on benefited properties. Costs will be allocated based on Resolution 99-09 capped amount of $5,138.00 per equivalent dwelling unit or potential equivalent dwelling unit and the full amount of $11 ,838.11 per City-owned equivalent unit within the assessment area as depicted on Exhibit B. Additional information regarding the proposed improvement or method of assessment may be obtained at the Engineering Division, 51 Winburn Way, Ashland OR, phone number 488-5347, weekdays during the hours of 8:00 AM to 4:30 PM. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the improvements should not be installed or why the benefited properties should not be assessed in the manner proposed. If two-thirds of the property owners to be benefited object to the improvement, the improvement will be suspended for six months. PAGE 3-IMPROVEMENT RESOLUTION G:\pub-wrks\eng\dept-admin\L1D\Schofield Monte Vista LID Resolution for PH 1 07 pcb.doc z 0 (j) > 0 U) <.9 0 w ::J 0:: Z <{ 0::: ~ 0 W en z ::> W > 0 z w en - l- I-- <.9 z z 0 () W :iE 0:: - I-- e U) 0 ..J 0 Z w 0 <( LL W .....J 0 U) I J: 0 (j) () a.. <( en 0 0:: u.. a.. 0 >- l- U / / / / / / / / / / / <( ....... ..c ..c x W o ....... ~ o z ....... c Q) iE ..c () co ....... ....... <( 00:> 00 ~(J) ..10,,/ ...... u 'C ...... I/) 0 ..... 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J,-J ?J 1. -, I T ~---- . . ~ _ l'G; -~;7/. ., ..... ~' (A l~ , I-- ~~ "\.J ~ 1. rO ~ ~ LJI' ,.l T'----F---- u . .l? -1 "" r\ '\ "/ \ ::::- ~ 0\0 ...Z~ O~~ >-...l ~ ~:t ~ UV)u <t~ L , J. 7J~ (f ~ ~ z Q~ ~~ ES> ~o O~ O~ I/J - O~ ~~ I/JI/J 0- ~> o~ ~~ ~Z o ~ ~ ~~& ~1l Od-. \) ""./ " \ )) ~;i~ - z< l/) ~ ~ ~t:::~ "UJO ",0 '<C .......V) "': ~:..:: 0 ~i ~p~~ o:S:lJ..lQ uUJUJ ~~@~ t!n:G3~ l() a; d ~ o o l() N l() II 0 .r: C> c u . ~ ~ ~ >-~~.E 0 ~ ~o*~~ ci () s: ~ U j I o PETITION FOR STREET IMPROVEMENT LOCATION: MONTE VISTA & SCHOFIELD STREET RECEIVED BY THE CITY ENGINEER: DATE: ~ /"JSt"\/ 1"J6 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under a recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: All of the remaining unimproved sections of Monte Vista Street and Schofield Street to be-improved with curbs, gutters, paving, sidewalks and drainage control features in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such paving and improvements be assessed upon the real property benefited thereby and that we are the owners of the real property fronting (or benefiting) on said street. T ax Lot #' /tC,J -n a- Jf) () #2./00 --df I oL~,2--- ~) J) f) ~) 1) ~) ~ (J #5'0 I 5BA2/0 I G:\pub-wrksleng\dept-admin\LlD\Schofield Monte Vista Street Paving Petition.doc z o (j) ~ > I- (j) o <.) ~ (9 a:: (j) zl- - 00 0 > ~ o.....W W I- 00 I- WZI-z zUJZo - :2: UJ (9 00 :2: ~ Z ~~~ WOOO, I 00 a:: I- o <( a... 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ON Nr-- N rol!) o~ ~r-- CITY OF ASHLAND Council Communication An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020) Meeting Date: February 20, 2007 Department: Legal Contributing Departments: Approval: Martha Bennett Primary Staff Contact: Michael W. Franell E-mail: franellm@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 20 minutes Statement: Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of the code provisions has been added, with the City Administrator making that determination for applicability to employees and the City Council making the determination of applicability to appointed and elected officials. Background: The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in: 1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and appointed officials in addition to applicability to city employees; 2) Adding in a procedure for investigating and enforcing the ethics provisions; 3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have ethics provisions in its municipal code which can be enforced locally. The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from representing clients for hire before any board or commission or before the City Council on matters which would come before the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of public property for private benefit for instances which are specifically set forth as a benefit of employment and for the granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to provide violations are considered cause for discipline. Related City Policies: None. Council Options: The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated above. The Council could amend the proposed ordinance. r~' The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only to city of Ashland employees. Staff Recommendation: Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. Potential Motions: I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . . and move to second reading. (Note: If you make amendments, please be sure to identify the included amendments when making this motion). Attachments: Proposed ordinance. r~' ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS Annotated to show deletions and additions to the code sections being modified. Deletions are linod through and additions are underlined. RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policv. The proper operation of democratic government requires that public o/1lcials. including elected ofticials. appointcd ofticials and employees be independent. impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be uscd for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals. there is hereby established a Code of Ethics for all.,public officials. whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all.,public officials by setting forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is also the purpose of this Code to assistj)ublic o/1lcials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and-to increase public confidence in the integrity of City j)ublic officials. B. Responsibilities of Public Oftice. .Public officials are agents of public purpose and are ,engaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation. state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. I c. Dedicated Service. All j)ublic ofticials of the City should .work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive Page I of 4 FILENAME \p C,:rccorddC'itv Council f'!j",~~\ti'!'~t,,! IjI<;"--2IjU6-2(}(;T 20u7-u! U2 DONF()1itL:L!lli,.~oi1\,,, Deleted: i Deleted: employees " .J , Deleted: employees i Deleted: employees : Deleted: Employees .J " L~eleted: employed Deleted: Deleted: be Deleted: O'\legaIIMike\OrdinanceslEth ics Amendments Ord - 2.doc Deleted: O'\legaIIMike\OrdinanceslEth ics Amendments.doc officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. I ' Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other ,Public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. \. Interest in Appointments. Canvassing of members of the Councilor Mayor. directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No .public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specificallv defined benefit in compensation of emnloyment. 3. Obligations to Citizens. No nllblic official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen ex cent as otherwise permitted bv law or ordinance. E. Conflict of Interest. No,publie ot1ieial, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest. direct or indirect, which is incompatible with the proper discharge ofthat.publie official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that.pllblie otlieial's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for .,guidance,,;. 1. Incompatible Employment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No ,public official, shalL without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any .public otlicial use such information to advance their financial or private interest, or the financial or private interest of others. 3. Gifts and Favors. No,public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is representing himself/herself as a private citizen on purely personal business. No anpointed official shall represent a client j~)r hire before the board or commission to which that official is anpointed or in any action of proceeding before another board, commission or the City Council Page 2 of 4 FILEN AME Ip <:J......rc.c(>r(l.cr..(.ity..(.".~Qgi.i.f'."gk,t'..PackcIT.iic,..?!)i;D,2.e'(lT20!J7,!I.l..i'.2..PQ'\J! '.OBP. :..r:ll.i.g,...!]".<::. r........-.---- : Deleted: Employees ? l~~ted: el1l~~~te-,-,-_ Deleted: employee 1_~leted: employe~' l Deleted: employee CO;;leted: employee's [ Deleted: employee's [ Deleted: the [ Deleted: of i Deleted: e~ployees l Deleted: r Deleted: e l Deleted: mployee [ Deleted: employee C Deleted: employee ] 'J 1 .J J J ~ i rO;;I;;i:;;d';G:\l~~~IIM ike \OrdinancesIE th i ics Amendments Ord - 2.doc r Deleted: G'\JegaIIMikeIOrdinances\Eth i ics Amendments.doc on a matter which came or will come hefore the hoard or commission to which that official is appointed. No.,public ofticial shall accept a retainer or compensation that is contingent upon a specific action by~City. 5. Contracts with the City. Any .,public official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that .public oHicial may be called to act in an official capacity. The .public official shall refrain from participating in the transaction or the making of such contract or sale. J\.public official shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended. approved, awarded, entered into, or authorized by the.public official in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Councilor other appropriate authority the nature and extent of such interest. F. Political Activity. No employee in the administrative service shall use the prestige of their position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No public official ,.shall promise an appointment to any municipal position as a reward for any political activity. I G. Applicability of Code - Emplovees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator. who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory. or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected official has doubt as to the applicabilitv of a provision of this code to a particular situation. thev should applv to the Citv Council for a determination. The official seeking a ddermination shall have the OPPOl1unity to present any facts thev deem relevant to the determination. Thev shall also have the opportunity to present anv argument thev may have as to what they deem an appropriate determination. The City Council. the Mayor or the Citv Administrator may rewuest the City Attornev to provide an advisorY opinion based upon the facts presented. The determination of the City Council as to the applicabilitv of a provision of this code to a particular situation shall be final. Page 3 of 4 FILEN AME \p ~,r~:<;{)r,l,rCity (" <,unci 1 P tiC k<:t~Ya(b,\J:jk')l)(J,,::2ncIT20!i7:uin2r)QNJngJ).:J.tIl.i.<:.s.do<:o ( Deleted: employee ~:a ~d: agency ( Deleted: employee ) J J 1 ) LE.~~~ted: employee ( Deleted: employee ( Deleted: n l Deleted: employee ( Deleted: employee -~ 1 , -1 ~ted: employee lE.eleted: (---.....-----....--------......................-----................----.. 1 Deleted: G:\legaIIMike\OrdinanceslEth ics Amendments Ord - 2.doc '-~_._...... ..-- -- -- ~ .--- - ----- . .... ._-~-- I Deleted: G:\legaIIMike\OrdinanceslEth I~~:..:~~~~~~.~~:~~~~_._-_......._..... I. Definitions: 1) Employee - for the purposes of this section. the term employcc shall mcan one who is hircd and paid a wage or salary to work for the City other than elected or appointed officials. 2) Appointed Official - for the purposes of this section. the term "'appointed otficial" shall mean a person who is appointed to serve on one of the City's boards or commissions and shall also mean the City Administrator and City Attorney. 3) Elcctcd Official - for thc purposes of this scction. clcctcd oflicial shall mean onc who is electcd by thc registcrcd votcrs of the City of Ashland to serye the city and shall include: the Mayor. the city councilors. thc city rccordcr. thc municipal iudge and the parks commissioncrs. I~ Sanctions. ~ Violation of any provision of this scction. dctcrmincd attcr noticc and an opportunity to he heard. shall constitute cause for disciplinary action. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of ,2006, and duly PASSED and ADOPTED this _ day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney Page 4 of 4 FILEN AME Ip (i ,.,c, ,r,I"r'.(:;I,..(:,)q.n".;.!...f'.".".~..\:I':.I).a.c.l.\:t..I:;k,),)(,A,~['r!.72n,)7.:u.1 [1.2:.PQN.I:\QBP..:..I:t.l1i<;.e...,J",c, [ Deleted: H Deleted: Violation of any provisions of this code should raise conscientious questions for the employee conccmcd as to whether voluntary resignation or other action is indicated to promote the best interest of the City Comment [COMMENT1]: Use the following wording on ordinances that are not mailed to council members prior to the council meeting: The foregoing ordinance was first READ on the _ day of , 2001, and duly PASSED and ADOPTED this day of , 2001. 1m..... .....................-......-................-...-... :1 Deleted: G.llegallMikelOrdinanceslEth ics Amendments Ord - 2.doe ~._---- .-.--..... Deleted: G:llegallMikelOrdinanceslEth L_~:s Amen.~~.~.~!.~_._~.?~___.__ _. CITY OF ASHLAND Council Communication An Ordinance Revising Ashland Ethics Provisions (AMe 3.08.020) Meeting Date: February 6, 2007 Department: Legal Contributing Departments: Approval: Martha Bennett Primary Staff Contact: Michael W. Franell E-mail: franellm@ashland.or.us Secondary Staff Contact: E-mail: Estimated Time: 20 minutes Statement: Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of the code provisions has been added, with the City Administrator making that determination for applicability to employees and the City Council making the determination of applicability to appointed and elected officials. Background: The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in: 1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and appointed officials in addition to applicability to city employees; 2) Adding in a procedure for investigating and enforcing the ethics provisions; 3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have ethics provisions in its municipal code which can be enforced locally. The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from representing clients for hire before any board or commission or before the City Council on matters which would come before the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of public property for private benefit for instances which are specifically set forth as a benefit of employment and for the granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to provide violations are considered cause for discipline. Related City Policies: None. Council Options: The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated above. The Council could amend the proposed ordinance. r., The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only to city of Ashland employees. Staff Recommendation: Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. Potential Motions: I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading and move to second reading. I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading as amended. . . and move to second reading. (Note: If you make amendments, please be sure to identify the included amendments when making this motion). Attachments: Proposed ordinance. r:., ORDINANCE NO. AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND ELECTED OFFICIALS RECITALS: 1. The City of Ashland is committed to the highest ethical standards for its public officials. 2. As a statement in that regard, in addition to any standards set forth by the state, Ashland has had its own ethics provision applicable to public employees for more than 25 years. 3. As a sign of continuing commitment to the highest ethical standards Ashland desires to extend application of its ethics provisions to appointed and elected officials. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read: SECTION 3.08.020 Code of Ethics. A. Declaration of Policy. The proper operation of democratic government requires that public officials, including elected officials, appointed officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all public officials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all public officials by setting forth those acts or actions that are incompatible with the best interests of the City of Ashland. It is also the purpose of this Code to assist public officials in determining the proper course of action when faced with uncertainty regarding the propriety of a contemplated action, thereby preventing them from unwittingly entangling public and private interests. Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards in the City service, and to increase public confidence in the integrity of City public officials. B. Responsibilities of Public Office. Public officials are agents of public purpose and are engaged for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and the City, and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. C. Dedicated Service. All public officials of the City should work to support the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rules of work and performance established as the standard for their positions by the appropriate authority. Page 1 of 4 Public officials should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. D. Fair and Equal Treatment. I. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the City service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Mayor or Council. 2. Use of Public Property. No public official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such employee in the conduct of official business or as a specifically defined benefit in compensation of employment. 3. Obligations to Citizens. No public official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except as otherwise permitted by law or ordinance. E. Conflict of Interest. Nopublic official, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that public official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that public official's official duties. Personal, as distinguished from financial, interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for guidance: 1. Incompatible Employment. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that employee's official duties or would tend to impair independence of judgment or action in the performance of that employee's official duties. 2. Disclosure of Confidential Information. No public official shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any public official use such information to advance their financial or private interest, or the financial or private interest of others. 3. Gifts and Favors. No public official shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any improper favor, service or thing of value. 4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. An employee shall not represent private interests in any action or proceeding against the interests of the City in any litigation to which the City is a party, unless the employee is representing himself/herself as a private citizen on purely personal business. No appointed official shall represent a client for hire before the board or commission to which that official is appointed or in any action of proceeding before another board, commission or the City Council on a matter which came or will come before the board or commission to which that official is appointed. Page 2 of 4 No public official shall accept a retainer or compensation that is contingent upon a specific action by the City. 5. Contracts with the City. Any public official who has a substantial or controlling financial interest in any business entity, transaction or contract with the City, or in the sale of real estate, materials, supplies or services to the City, shall make known to the proper authority such interest in any matter on which that public official may be called to act in an official capacity. The public official shall refrain from participating in the transaction or the making of such contract or sale. A public official shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is recommended, approved, awarded, entered into, or authorized by the public official in an official capacity. 6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Councilor other appropriate authority the nature and extent of such interest. F. Political Activity. No employee in the administrative service shall use the prestige of their position in behalf of any political party. No employee in the administrative service shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party; nor shall an employee be a party to such solicitation by others; nor shall an employee take an active part in political campaigns for candidates while in the performance of duties in an official capacity. No public official shall promise an appointment to any municipal position as a reward for any political activity. G. Applicability of Code - Employees. When an employee has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Administrator, who is charged with the implementation of this code for an advisory opinion, and be guided by that opinion when given. The employee shall have the opportunity to present their interpretation of the facts at issue and of the applicable provision(s) of the code before such advisory decision is made. All such requests for advice shall be treated as confidential. This code shall be operative in all instances covered by its provisions except when superseded by an applicable statute, ordinance or resolution, and each statute, ordinance or resolution action is mandatory, or when the application of a statute, ordinance or resolution provision is discretionary but determined to be more appropriate or desirable. H. Applicabilitv of Code - Appointed and Elected Officials. When an appointed official or an elected official has doubt as to the applicability of a provision of this code to a particular situation, they should apply to the City Council for a determination. The official seeking a determination shall have the opportunity to present any facts they deem relevant to the determination. They shall also have the opportunity to present any argument they may have as to what they deem an appropriate determination. The City Council, the Mayor or the City Administrator may request the City Attorney to provide an advisory opinion based upon the facts presented. The determination ofthe City Council as to the applicability of a provision of this code to a particular situation shall be final. I. Definitions: 1) Employee - for the purposes of this section, the term employee shall mean one who is hired and Page 3 of 4 paid a wage or salary to work for the City other than elected or appointed officials. 2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a person who is appointed to serve on one of the City's boards or commissions and shall also mean the City Administrator and City Attorney. 3) Elected Official - for the purposes of this section, elected official shall mean one who is elected by the registered voters of the City of Ashland to serve the city and shall include: the Mayor, the city councilors, the city recorder, the municipal judge and the parks commissioners. J. Sanctions.. Violation of any provision of this section, determined after notice and an opportunity to be heard, shall constitute cause for disciplinary action. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of ,2006, and duly PASSED and ADOPTED this _ day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Page 4 of 4 DOCUMENTS SUBMITTED AT THE FEBRUARY 20, 2007 CITY COUNCIL MEETING Problems And Remedies For Proposed Charter Ballot Language art bulfock, 2007Feb20 1. Ballot 'Question'. By state law (ORS 250.035), this question must reflect the chief purpose of the initiative. 1 a. Proposed ballot 'Question' is incorrect. We are not revising our city charter. We are replacing the current charter with a new charter. 1 b. Proposed ballot 'Question' violates ORS 250.035 because it does specify the chief purpose of the measure, which is to increase City's general and specific powers by (1) removing funding limits, salary limits, and dollar references, (2) removing limits to City powers, and (3) expanding City's powers by adding new general powers and specific powers language. Remedy: Ballot 'Question' language should be changed to one of these examples or similar: Shall Ashland adopt a new charter increasing City powers by removing funding and salary limits, and adding new powers language? Shall Ashland adopt a new charter that increases City powers by removing funding limits and adding language with new powers? Shall Ashland adopt a new charter granting City new powers by removing funding limits, adding specific and general powers language? Shall Ashland adopt a new charter granting City new powers by removing funding references and expanding general powers language? 2. Ballot 'statement'. Proposed ballot 'Statement' violates ORS 250.035 because it does not explain the major effects of the proposed charter, as required by state law. Council is required to specify the major EFFECT of the ballot initiative, not just list some (minor) changes. The major effect of your proposed charter is to shift specific and general powers from voters and property owners to City and City Council. You are required by law to tell them that in this statement. 2a. Proposed ballot 'Question' positions alignment with state law as the charter's major effect, and this component has no effect. Charter segments conflicting with state law are unenforceable because state law trumps city law. Removing the 'conflict' has no effect because it wasn't enforceable before, thus had no effect before or after the change. Proposed 'question' and 'statement' should remove references to this non-effect, which is only appropriate for an explanatory statement. Remedy: Ust as many as possible examples of power changes within the 175-word limit. Example revised 'Statement' of new powers: (This is 231 words; you can choose which powers to include, dropping some to reach the 175-word limit. Those dropped should be moved to the Explanatory Statement.) Remedy Statement: The proposed charter grants City government new powers by removing funding requirements and salary limits, and by adding language granting new powers. The proposed charter: Removes salary language, granting Council new power to set its own salary and benefits without vote of electorate? By changing 'inhabitants' to 'residents', grants new City power to sell water service to corporations for many purposes. Removes property owner rights of a 2/3 neighborhood majority to stop City from putting liens on homes in a Local Improvement District, granting Council new power to change the objection threshold. Removes current language requiring Police Chief to be 'conservator of the peace', aI/owing Council to redefine Chief's role. Adds general powers language granting City 'all powers possible' under federal and state law. Adds general powers language granting Council all City powers except ballot initiative, referendum, and charter limitations. Removes language requiring certain park land to be forever reserved for Ashland's people, granting City new power to sell or lease Lithia Park. Grants new power to Council to pass ordinance to override Parks & Recreation Commission control of park land and park funds. Grants new power for a non-quorum Council minority to meet and compel attendance of other councilors. Removes guaranteed funding for Parks and City Band. 3. Explanatory statement. The explanatory statement should explain the effect of voting Yes or No rather than biasing votes with an unbalanced history. Voters wants to know what they're voting for or against, not the history of the ballot measure. 3a. Incorrect ballot language. "The revised City Charter retains the portions of the current charter that preserve the specific history and character of Ashland." This is untrue. Proposed charter removes many unique and valuable provisions showing Ashland's history and character. Staffs explanatory statement gives false reassurances that our current charter's uniqueness is protected, when in fact, many key unique characteristics have been gutted. 3c. Explanatory statement incorrectly claims "The model charter clearly identifies the authority and accountability of the City..." when it does not. The proposed charter replacement removes specifies about authority and accountability, replacing them with vague, general powers language. 3d. Explanatory statement says proposed charter removes salary references for mayor and council, yet does not explain the MAJOR EFFECT of this change, which is to get Council the power to set it own salary and benefits without a majority vote of the people. Remedy: Redo the explanatory statement to: a. Include dropped power shifts from above, b. Add language about the effects of voting YES or NO on this initiative, and c. Remove all references to the modei charter rather than the proposed charter, since they aren't the same. d. Explain that by removing limiting language, city gains power. e. Explain that by removing references to council/mayor salary, council gains new power to set its own salary. f. Remove the incorrect sentence that claims the charter removes references to City's boundaries, because the proposed charter still references City's boundaries. City Manager Amendment 4. Ballot 'Question'. Proposed ballot 'Statement' violates ORS 250.035 because it does not explain the chief purpose of the proposed amendment, as required by state law. As Gino Grimaldi clarified several times while the charter group worked was working, the ONLY major effect on his job of becoming a city manager would be the unilateral power to hire and fire department heads. Remedy: Explain the chief purpose of this amendment, which is to give a city manager (currently called city administrator) the power to unilaterally hire and fire aU department heads. Question: Should city administrator become city manager, with sole [unilateral] power to hire and fire department heads (police, fire, planning, AFN, etc.)? 5. Ballot 'Statement'. Proposed ballot 'Statement' is inaccurate and violates ORS 250.035. Remedy: Explain the major effects of the city manager amendment. Proposed ballot 'Statement': This proposed charter amendment changes to a city manager fonn of government with 4 major effects: 1. It changes the city administrator to a city manager, and gives city manager the sole authority to hire and fire department heads, which includes: police chief, fire chief, planning director, public works director, electric utility director, AFN/lnfonnation Technology director, finance director, and human resource director. 2. It shifts the chief executive officer (CEO) role from mayor, an elected position, to city manager, an unelected position. 3. It grants city manager power to organize departments, and prepare and administer City's budget. 4. It grants new power to any 4 councilors to remove any other councilor based on the 4 councilors' perceptions that a councilor 'indirectly coerced' the city manager on an administrative decision or personnel decision. Numbering errors, typos, etc. 1. Sections 41-42 are missing; Sections 43-on should be renumbered. 2. To be consistent, you should add periods after Section Titles for Sections 46-52 and 31. 3. In City manager amendment, there's no section (e). 4. City manager amendment says it amends the "2006 Ashland City Charter" and there is no such document, creating voter confusion. Ballot amendment language should be changed to unambiguously say: "If the 2007 Ashland City Charter is approved, it is amended..." ~:--::T::t ~:Ut~~5;t ~~ s Q) 0 Q).Q a' Ci) 0 ~ ~g:ng: il'Jf "8=-" ~~ ! CI) m I!""" ... =:. ..... =:. c:: . ~""::t~Q,~nr OJ en Q) -8 Q) I 't5 ~ o at 0' "lJ "< "0 ~ =1J Q) ... lQ)a )I,~ ~~'~:g3!3-~ c!:o ::::Q, ~, ~ ~ ~'C ~ ...~:g ~&t~~"86- .@" , @;:i: 5' Q, O'....VI:::I ~ S' 5'.... Qi' S' . ~ ..;: ~,:::::C;;'o - ~~9t~a:~. @ i ~r iii' ... ::T P, c;;. L1oi~~' Q~ ""l g 01 _. ... Q) lit 0 ~ =:.' ~ ':::j-< ~CIl""'Q)@O C::Q' Q, =0 =:. .... -, ::T ~-<~-<~g.0' Q.",0--31 I ~.~ fij.!II 8 ~ ~ o.-a ~ )l,CQ g iii' 0 . Q).....)I,QJ- ~1Il o CIl 0 CQ;::: o:::\Q)~p,o. c:: ~S:::l . QI ::s i c:: ~:;! 0 lfl~' O'l) O'b~ :::;: ;;::- s~ 'a .. VI ., ~ Qj ~ ... 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Ql.!! :PI;;. 1ilQl~CJ ~2i Q,-:::IIE: EoE e.Sbo 8Q) OQ)'iiiCJ "'" CJ '!So .... .... e:ro c::I\JCJ- --: .f; "': .~ Ii: -g .-I a. ~Q.OQ. 'jij '0 lE o (]) .!: +J .S: ~ :J ~ U VI '6 .!:!? c:: . .e~ ~.! ~.S .... .c:: 'tiCJ ~ :::I .c::1/) ~.... 00 - .!!! c:: .c::~ .S G) ...."tl m c:: I;.C\J .!e .S :::I - lilU c:: c:: o QI I!!S QI ~ ~~ 00 -CJ .!! Q) CJ~ c:: lU~ c::.... 11::0 lU"tl S~ 'i ~ c Ii ~ 0.... .., '2'~ =e .- If: 0 00.... .....~ 8l 0- 0 e:.Q- o:::lCJ 'Vi Q..!!l g:j'll:C'ti U ::: VI 'lU '65.c:: "O~." on; .! ::::.. VI.!!! CJ .... - c:: o Qi':::I VI ..... 0 ~c::0 c::S 'E e c:: "0 !D.e c 1:'S ro_Q. VI.... 0 "EO- o !D'!! ~ S'~ ....l/)lE "000 (]) "U ~ ~I/)o :cess :J .... cci~ REVISED OREGON CODE OF JUDICIAL CONDUCT (1996 Revision and subsequent amendments through Supreme Court Order No. 2-088) See amendment history of current revision in note at end of code. Judicial Rule 1: Maintaining the Integrity of the Judicial System JR 1-101(A} Ajudge shall observe high standards of conduct so that the integrity, impartiality and independence of the judiciary are preserved and shall act at all times in a manner that promotes public confidence in the judiciary and the judicial system. (B) A judge shall not commit a criminal act. (C) A judge shall not engage in conduct that reflects adversely on the judge's character, competence, temperament or fitness to serve as a judge. (D) A judge shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation. (E) A judge shall not allow family, social or other relationship to influence judicial conduct or judgment. (F) A judge shall not use the position to advance the private interests of the judge or any person, nor shall a judge conveyor permit anyone to convey the impression that anyone has a special influence with the judge, but a judge may provide a character or ability reference for a person about whom the judge has personal knowledge. (G) A judge shall not testify as a character witness except pursuant to subpoena. (H) A judge shall not hold membership in any organization that the judge knows is a discriminatory organization. For purposes of this rule, "discriminatory organization" means an organization that, as a policy or practice and contrary to applicable federal or state law, treats persons less favorably in granting membership privileges, allowing participation or providing services on the basis of sex, race, national origin, religion, sexual orientation, marital status, disability or age. Judicial Rule 2: Impartial and Diligent Performance of Judicial Duties JR 2-101 A judge's performance of judicial duties shall take precedence over all other activities, and a judge shall not neglect the business of the court. JR 2-102(A} A judge shall provide to every person who has a legal interest in a proceeding, and to that person's lawyer, the right to be heard according to law. (B) A judge shall not communicate or permit or cause another to communicate with a lawyer or party about any matter in an adversary proceeding outside the course of the proceeding, except with the consent of the parties or as expressly authorized by law or permitted by this rule. (C) A judge may communicate ex parte when circumstances require for scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits, provided that: (1) the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication; and '(2) the judge makes provision by delegation or otherwise promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond. (D) Except as provided in subsection (E) of this rule, a judge shall promptly disclose to the parties any communication not otherwise prohibited by this rule that will or reasonably may influence the outcome of any adversary proceeding. The disclosure shall identify the person with whom the communication occurred and the substance of the communication, and the judge shall give the parties a reasonable opportunity to respond to the information disclosed. (E) Subsection (D) of this rule does not limit, or require disclosure to a party of, any discussions about legal or administrative matters or other matters in the record related to a case that occur between a judge and any of the following: another judge of the same level; employees of the court; employees of the judicial branch of government. JR 2-103 A judge shall not, while a proceeding is pending in any court within the judge's jurisdiction, make any public comment that might reasonably be expected to affect the outcome or impair the fairness of the proceeding. The judge shall require similar abstention on the part of court personnel who are subject to the judge's direction or control. This rule shall not prohibit a judge from making public statements in the course of official duties, from explaining for public information the procedures of the courts, from establishing a defense to a criminal charge or civil claim against the judge or from otherwise responding to allegations concerning the judge's conduct in the proceeding. JR 2-104{A) A judge possessing knowledge that another judge or a lawyer has committed a violation of the rules of judicial or professional conduct or law that raises a substantial question as to that individual's honesty, trustworthiness or fitness as a judge or lawyer shall inform the Commission on Judicial Fitness and Disability or the Oregon State Bar Disciplinary Counsel. (B) A judge possessing knowledge or evidence concerning another judge or lawyer shall reveal that knowledge or evidence on request by a tribunal or other authority empowered to investigate or act upon the conduct. JR 2-105 A judge shall make any appointment only on the basis of merit. JR 2-106{A} A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality reasonably may be questioned, including but not limited to instances when (1) the judge has a bias or prejudice concerning a party or has personal knowledge of disputed evidentiary facts concerning the proceeding; (2) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously was associated served during the association as a lawyer in the matter, or the judge or the lawyer has been a material witness in the matter; (3) the judge knows that the judge, individually or as a fiduciary, or the judge's spouse, parent or child, wherever residing, or any other person residing in the judge's household has a financial interest in the subject matter in controversy, is a party to the proceeding or has any other interest that could be substantially affected by the outcome of the proceeding; (4) the judge, the judge's spouse, parent or child wherever residing, or any other person residing in the judge's household (a) is a party to the proceeding, or an officer, director, partner or trustee of a party; (b) is acting as a lawyer in the proceeding; (c) is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or (d) is, to the judge's knowledge, likely to be a material witness in the proceeding. (B) A judge shall be responsible for knowing about the judge's financial interests, including such interests relating to service as a fiduciary, and shall make reasonable efforts to be informed about the financial interests of the judge's spouse, domestic partner, parents and children, wherever residing. (C) For purposes of this rule (1) "fiduciary" includes relationships such as personal representative, trustee, conservator and guardian; (2) "financial interest" means a more than de minimis ownership of a legal or equitable interest or a relationship as director, advisor or other active participant in the affairs of a party, except that (a) ownership in a mutual or common investment fund that owns securities is not a "financial interest" unless the judge participates in the management of the fund; (b) holding an office in an educational, religious, charitable, fraternal or civic organization is not a "financial interest" in property of the organization; (c) the proprietary interest of a policyholder in a mutual insurance company, a depositor in mutual savings association, or a similar proprietary interest, is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and (d) ownership of government securities is a "financial interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities. (0) A judge who is disqualified under this rule may, rather than withdraw from the proceeding, disclose on the record the basis of the disqualification. If, after such disclosure, the parties all agree in writing or on the record that the judge's relationship is immaterial or that the judge's financial interest is insubstantial, the judge may participate in the proceeding. Any writing, signed by or on behalf of all parties, shall be incorporated in the record of the proceeding. JR 2-107 A judge shall be faithful to the law and shall decide matters on the basis of the facts and applicable law. JR 2-108 A judge shall not be swayed by partisan interests, public clamor or fear of criticism. JR 2-109 Ajudge shall maintain order and decorum in proceedings before the judge. JR 2-11 O(A) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers, court personnel and members of the public. (B) A judge shall not act in a way that the judge knows, or reasonably should know, would be perceived by a reasonable person as biased or prejudiced toward any of the litigants, jurors, witnesses, lawyers or members of the public. (C) A judge shall require lawyers and court personnel who are subject to the judge's direction or control to act in accord with the principles embodied in paragraphs (A) and (8) of this rule. (0) Paragraphs (8) and (C) of this rule do not preclude consideration or advocacy of any issue relevant to the proceeding. JR 3-102(A) A judge shall not personally solicit funds for any private or public entity or for any educational, religious, charitable, fraternal, political, or civic organization, or use or permit the use of the prestige of the judicial office, including a reference to the judge's official position, for that purpose. Except as provided in JR 3-101, a judge may serve as an officer, director, or trustee of such an organization. JR 3-103 A judge shall not directly or indirectly accept gifts, bequests, favors or loans from anyone, except that a judge may accept (A) gifts incident to a public testimonial to the judge, publications supplied by publishers or organizations on a complimentary basis for official use or invitations to the judge to attend law-related functions or activities related to the improvement of law, legal education, the legal system, or the administration of justice; (B) ordinary social hospitality; gifts, bequests, favors or loans from relatives; gifts from friends for wedding, birthday or other personal occasions; loans from lending institutions in the regular course of business on terms generally available to persons who are not judges; or scholarships, fellowships or grants awarded on terms applied to other applicants; (C) any other gift, bequest, favor or loan only if the donor is not a party or other person whose interests have come or are likely to come before the judge. JR 3-104 Nonpublic information acquired by a judge in a judicial capacity shall not be used or disclosed for any purpose not related to judicial duties. Judicial Rule 4: Political Activity by a Judge JR 4-101 A judge shall not knowingly (1) make a public statement in support of the election or defeat of any candidate for a nonjudicial public office or to promote or influence the passage or defeat of laws or regulations at any level of government, or (2) contribute or solicit funds, services or property to elect or defeat any candidate for a nonjudicial public office or to promote or influence the passage or defeat of laws or regulations at any level of government, or (3) lend the judge's name in support of an action, by any person or group, to elect or defeat any candidate for a nonjudicial public office or to promote or influence the passage or defeat of laws or regulations at any level of government, if, in doing (1), (2) or (3) above, the judge: (A) Creates a reasonable doubt about the judge's impartiality toward persons, organizations or factual issues that would likely come before the court on which the judge serves, including, but not limited to, circumstances that require the judge's disqualification under JR 2-106. (B) Supports in the judge's official capacity, a cause other than one pertaining to the legal system, legal education, the improvement of the law, the integrity of the judicial process, the administration of justice, or court administration, including judicial benefits. This subsection does not limit the ability of a judge to join, pay dues to, and participate in activities of any professional association or organization, which activities may include lobbying for judicial benefits such as salary and retirement. (C) Represents that the judge making the public statement speaks on behalf of the judicial branch of government unless the judge has been authorized to do so. JR 4-102 With respect to any election or appointment for judicial public office, a judicial candidate shall not knowingly: (A) Misrepresent a judicial candidate's identity, qualifications, present position, education, experience or other fact. (B) Make pledges or promises of conduct in office that could inhibit or compromise the faithful, impartial and diligent performance of the duties of the office. (C) Publicly identify the judicial candidate, for the purpose of election, as a member of a political party other than by registering to vote or as allowed by ORS 249.015. (D) Personally solicit campaign contributions in money or in kind, but a judicial candidate may establish one or more committees to obtain and manage finances, including contributions, and pay expenses to promote the judicial candidate's election. (E) Use or permit the use of campaign contributions for the private benefit of the judicial candidate except as may be specifically authorized by law. JR 4-103 With respect to JR 4-101 through 4-103, a judge shall not authorize or direct any public official or employee or other person who is subject to the judge's direction or control to do anything on behalf of the judge that a judge may not do under the rules. JR 4-104 The provisions of JR 4-101 through JR 4-103 also apply to: (1) Any person who becomes a candidate for an elective judicial office, when that person either publicly announces the candidacy or makes any filing with the Secretary of State's office regarding the candidacy, whichever occurs first; and (2) Any person who becomes a candidate for appointive judicial office when that person files an application for appointment with the Governor's office and for as long as the position for which appointment is sought remains unfilled. JR 4-105 A judge shall resign the judicial office before becoming a candidate for an elective public nonjudicial office, which occurs when the judge either publicly announces the judge's candidacy for nonjudicial office or makes any filing with the Secretary of State's office regarding the candidacy, whichever occurs first. JR 4-106 Nothing contained in this or any other Rule of this Code shall limit the ability of a judge to personally solicit campaign or other types of contributions from other judges over whom the judge does not exercise supervisory or appellate authority. To the Ashland City Council: Lease and Mt Ashland Ski Area Expansion Citizen Comment February 20,2007 The City's Role with Regards to Mt Ashland · The city does not own the ski area land and has not contributed any money to it. · The true "landlord" is the Forest Service. · The city's lease is more like a "SUB-LEASE" -- because it is subject to the Special Use Permit (SUP) and to the US Forest Service. · The "Leased Property" includes the land in the SUP, together with all ski area improvements and equipment. · Nothing in the lease gives the city any authority over the operation of the ski area or how much of the SUP area is developed. · The 1992 lease agreement includes a map ofthe SUP boundaries (Exhibit 1). · This map shows proposed ski runs in both the west and east portions of the entire permit area (see pg 23 oflease on city's website) - which indicates that the city intended to include any future expansion within those boundaries. Watershed Concerns · Judge Panner's recent opinion and ruling in favor of the USFS and Mt. Ashland Association has a detailed analysis of the conflicting reports concerning the watershed. (See pages 30-34) · His review includes the 19T)7 Montgomery Report, the 1987 Brazier report and the 2004 analysis using the WEPP model for projecting erosion. · He concludes there is no evidence of significant sedimentation problems in the watershed after 1979. · The expansion is projected to affect 71 acres, which is less than one-half of one percent of the watershed. · What about the other 99% of the watershed? Shouldn't the city be working with the USFS to ensure protection of the largest part of the watershed? · The city has a series of agreements with the USFS concerning protection of the watershed dating from 1929,1975,1979,1996 and 1998. I would think if anyone has serious concerns about the health of our watershed, we should be working with the USFS on that. In summary, I wonder why the city isn't working directly with the US Forest Service over concerns about the city's watershed, rather than using the lease with Mt Ashland. Respectfully Submitted, Suzanne Frey Ashland, Oregon iU - > <C r i= c( W i ::: z a: a: ! i i I .c w .... <t .- oJ .c <( i i . ~ j) >< 0 ~ ~ i ~ w ~ ~ d UJ a: ~ ~ ~ a: e i 5 ~ w !i Ii ... w a: 138I3BI3.~" ~ "" y ~ lC ~ w [ " II r ~~n .~ :::: . ~ II I. I dl..~ll (,) 0 & i Q ~ ~, . ntiql . ii' i 0 Bf~r: f . I, al I; z I ,I .. w . ~ 11~! rl . I~ ) . t _mu I --