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Home My WebLink About2007-0306 Council Mtg Packet CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 6, 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. Executive Session Council meeting minutes of February 20, 2007 2. Regular Council meeting minutes of February 20, 2007 VI. SPECIAL PRESENTATIONS & AWARDS None. VII. CONSENT AGENDA [5 minutes] @.inuteSOfBoards,commiSSions,andcommittees Liquor License Application - Billy Harto dba Thai Pepper . Request for Approval of Y AL Intergovernmental Agreement Amendment 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 ~2.04.040}) 1. Capital Improvement Plan Program (CIP) and Long Range Financing [1 hour] 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] COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US X. FINISHED Reading 0 Resolution titled 'A Resolution of the City Council of the City of Ashland Reiterating its ating the Expenditure of Monies for Economic and Cultural Development to the Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 2004-32 [45 Minutes] 2. Proposed Revised Charter Language [10 Minutes] XI. NEW AND MISCELLANEOUS BUSINESS 1. OSF Paving (the bricks) item from Philip Lang [15 Minutes] 2. Discussion of Reallocation of Unused Portion of Economic and Cultural Development Grant in FY 2006-2007 [15 Minutes] ~ ~ 3. Emergency Shelter Policy [15 Minutes] ~ ~-h CT)\.. ~ XII. 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" 2. First Reading by title only of an Ordinance Titled "An Ordinance Amending Sections 10.30.005, 10.30.020 A. and 10.30.030 A. of the Ashland Municipal Code Addressing Outdoor Burning and Requirements for Permitted Fires" 3. First Reading by title only of an Ordinance Titled "An Ordinance Amending Ashland Municipal Code Chapter 9.24 to Require Removal and Disposal of Non-Certified Woodstoves and Fireplace Inserts Upon Conveyance of Real Property, Requiring Disclosure and Removal Certification" 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 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). em TNeIL. lVIEETINGS ARE BROADCAST LIVE ON CIIANNEL 9 VISIT TIlE ClTY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.tJS ASHLAND CiTY COUNCiL MEETING FEBRUARY 20,2007 PAGE 1 of8 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 20, 2007 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 7: 15 p,m. in the Civic Center Council Chambers. ROLL CALL Councilor Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Hartzell/Navickas mls to add to the agenda, items not properly noticed in the local newspaper, but noticed on the City's web site. Voice Vote: all AYES. Motion passed. APPROVAL OF MINUTES The minutes of the Regular Council meeting of February 6, 2007 and Continued Regular Council meeting of February 7,2007 were approved as presented. SPECIAL PRESENT A TIONS & AWARDS Mayor's Proclamation of the week of February 26 - March 4 as "Peace Corps Week" and Proclamation of the week of March 5 - 11 as "Multiple Sclerosis Awareness Week 2007" were read aloud. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Rio Communications Internet Service Provider Contract Approval. 3. Liquor License Application - Wild Wines. 4. Approval of Public Contract greater than $75,000 for Municipal Audit Services. Councilor Chapman requested Item #3 be pulled for discussion. Councilor Hartzell/Jackson mls to approve Consent Agenda Items #1, #2 and #4. Voice Vote: all AYES. Motion passed. City Recorder Barbara Christensen provided an explanation of the City's liquor license approval process and stated the application for Wild Wines meets the City's criteria. Ms. Christensen clarified this business will be making their own wine and they were required to obtain a home occupation permit, although the applicant has indicated they will not have customers visiting their business location. Councilor Chapman/Jackson mls to approve Consent Agenda Item # 3. Voice Vote: all A YES. Motion passed. PUBLIC HEARINGS 1. Capital Improvement Plan Program (CIP) and Long Range Financing. Item delayed due to lack of proper notification. PUBLIC FORUM Paula Sohl/283 Scenic Drive/Stated she is a member of the Ashland branch of the Women's International League for Peace and Freedom. Ms. Sohl commented on: 1) keeping water services and water commons under local democratic control and stopping the commoditization of water for private profit, 2) the Mt. Ashland expansion and its affects on the water, and 3) discouraging the use of bottled water. Ms. Sohl provided ASHLAND CITY COUNCIL A1EET1NG FEBRUARY 20. ::007 PAGE 3 (Jf8 to the proposed charter, but allowing for typographical and grammatical corrections. DISCUSSION: Councilor Jackson voiced her concern that they are starting to wordsmith the document. She stated if they are going to move towards a city manager form of government she would prefer to rely on the work done by the Charter Review Committee and their study of the model charter components. She added the proposed language is clear that the administrative decision regarding personnel matters are to be handled by the city manager. Councilor Hartzell stated she is not ready to accept Mr. Laws' submission and questioned the term "franchise" in the water provision language. Mr. Franell clarified this language would prevent the City from selling off its treatment works or contracting out to a private entity to operate the City's treatment works. Councilor Hardesty commented that she could not find where the Charter Review Committee discussion Section (i) of the city manager amendment. Councilor Hardesty/Hartzell mls to amend the motion so that Section (i) of the City Manager amendment reads, "Neither the mayor nor a councilor may attempt directly or indirectly to coerce the manager of a candidate for the office of manager in the appointment or removal of any city employee." DISCUSSION: City Recorder Barbara Christensen requested advice from the City Attorney and stated the amendment appears to change the intent of the original motion. Mr. Franell agreed that the amendment would not be allowed since it changes the intent of the original motion. Motion died. DISCUSSION (Cont.): Councilor Navickas stated he would not support the motion and stated he would prefer to see staff come back with something that is more of a combination of what Mr. Laws' wrote and what staff put forward. Roll Call Vote: Councilor Chapman, Silbiger, and Jackson, YES. Councilor Navickas, Hardesty, and Hartzell, NO. Mayor Morrison, NO. Motion failed 4-3. Mayor Morrison explained he voted no because it included Don Laws' language and voiced support for the wording proposed by staff. Councilor Hardesty/Hartzell mls accept this ballot language with the exception of Don Laws' proposal and Section 35(i) should read "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 employee". DISCUSSION: Councilor Hardesty clarified for staffthe motion allows for changes to correct grammatical errors, as well as the removal of Section 31 (b)7 to maintain consistency. Mr. Franell clarified State statute currently prohibits the selling of land that has been purchased with funds dedicated for park purposes. Councilor Silbiger voiced his concern with eliminating the penalty language in Section 35(i). Mr. Franell clarified this motion would remove the penalty language from the charter, but noted the Council could specify disciplinary action for breach of councilor duties in their Council Rules. He added generally for a rule to be effective there has to be some mechanism for enforcement. Roll Call Vote: Councilor Silbiger, Navickas, Hardesty, Chapman, Hartzell, and Jackson, YES. Motion passed. 2. Library Short-Term Funding Discussion. City Administrator Martha Bennett explained at their last meeting, Council discussion levying $.32/1,000 assessed property value for library operating costs and directed staff to determine where additional funds might be found. She stated staff anticipates it will cost approximately $1.2M to $l.4M annually to operate the Ashland library. The levy would generate approximately $560,000, which leaves a short fall of roughly $860,000 per year. Ms. Bennett explained at the end of FY06, there was roughly $lM in unanticipated carry-forward in the general fund, and the City anticipates this money will still be available at the end of FY07. Ms. Bennett suggested this money could be used to support the library and recommended using half the $1 M for this year and the other half for next. She stated staff is assuming the City would have to operate the library for two years before a regional solution can be formed. She stated the remainder of funds could come from a utility ASHLAND CiTY COUNCiL MEETING FEBRUARY 20, ::007 PAGE 4 of8 surcharge of approximately 1.5%, with 1 % going to the library and .5% allocated to the Low Income Assistance Program. Administrative Services Director Lee Tuneberg commented on how the City ended up with excess money in the ending fund balance and explained the Council has the ability to use this money for a specific project, such as this, to offset future increases, or pay for other operations. Ms. Bennett noted that some of this money was saved due to staffing shortages in some of the departments and cautioned that once department are fully staffed this reduced spending level will not continue. She voiced her support for using this money for a one-time occurrence such as this. Mr. Tuneberg clarified $173,000 of this money came from contingencies and he provided a brief explanation of the City's Low Income Energy Assistance Program. Comment was made voicing support for keeping the library open, but having reduced levels of service during this interim and finding out what the County is willing to contribute. Management Analyst Ann Seltzer stated the only thing staff knows for certain is the cost of facilities and utilities. She noted staff is in the process of setting up meetings with Jackson County to discuss what it will take to keep the library open. Ms. Seltzer clarified staff s assumption is that the City will operate the library at a "bare bones" level; but stated if this is the only library in the County that is open, it will be much busier than it is now and noted the City also needs to consider a potential user fee for non-residents. Council discussed their preferences for the library funding options. Councilor Navickas voiced his interest in maintaining the current hours and staffing at the library. He stated he does not support raising utility fees and suggested they look at other funding sources within the budget, and suggested possibly deferring capital improvement projects or using private fundraising. Councilor Silbiger voiced support for placing a measure on the ballot, even just an advisory measure, to see if the citizens support this endeavor. Councilor Jackson noted the importance of the Ashland citizens voting to support the County measure and stated the City should not place a funding measure on the ballot that is in competition with the County's measure. Councilor Chapman voiced support for placing a parallel $.66 measure on the ballot and stated the Ashland citizens would realize that if the County measure passes, the local measure would not take affect. Mayor Morrison noted if the County's $.66 measure passes, all the money might not be dedicated to the library system. Councilor Hartzell suggested the City influence the County to dedicate the $.66 to the library. She also questioned if there would be a way for the City to work with Southern Oregon University and combined the best of the two systems for less than the $1.2M figure in the event the County measure fails. Ms. Bennett agreed that the City could make a constructive suggestion to the County and believes they will be open to the City's concern. Councilor Navickas motion to maintain the $.32 property tax increase; look to allocating any fund balance to our libraries; and direct staff to continue to search for more alternatives for funding, including Capital Improvement Project deferment. Motion died due to lack of second. Ms. Bennett suggested the Council direct staff to build the budget and a funding strategy for the library and bring this back to Council as part of the budget process. She clarified staff would meet with the County, contact SOU and see what they can offer, and continue to look for relationships to buy down the costs. Councilor Jackson/Silbiger m/s to direct staffto build an operating budget and funding mechanism for the libraries as part of the budget process, and include relationships with SOU and Ashland School District. DISCUSSION: Ms. Bennett clarified the purpose is to keep the Ashland Public Library open but noted staff would not have the problem solved by the April 7 closing date set by the County. Roll Call Vote: ASHLAND CITY COUNCIL MEETING FEBRUARY 20. ::007 PAGE 5 of8 Councilor Silbiger, Navickas, Hardesty, Jackson, YES. Councilor Hartzell and Chapman, NO. Motion passed 4-2. 3. Decision on North Ashland Bike Path Funding. Public Works Director Paula Brown explained this issue was originally brought before Council at their Study Session on December 4, 2006 and reported the Bicycle & Pedestrian Commission issued their approval of Option 2 at their meeting held on January 18,2007. She explained Option 2 involves terminating the funding agreement with ODOTIFHW A, repaying the approximate $90,000, and redirecting staff to proceed with looking for alternatives for the bike path. Ms. Brown reported that ODOT cannot transfer this funding package to another project at this time. She also reported that the Federal Highways Administration is a 10-year program and the City notify ODOT and FHW A that the City's wishes to repay the $90,000 at the end ofthe 10-year period. Ms. Brown recommended that Council accept Option 2. Art Bullock/Spoke in support of Option 2 and stated this is a good example of the need for localization. Mr. Bullock stated there is a need in the community for this bike path and stated the path along the railroad tracks is a major and needed alternative to biking on Main Street. He stated the section between Laurel Street and Jackson Road is 60% done and recommended that the City work to finish this section. Councilor Jackson/Chapman m/s to approve staff recommendation of Option #2. DISCUSSION: Councilor Jackson clarified her motion is to accept Option 2 which stops work on the current design and reimburses ODOTIFHW A the grant funds expended to date within an appropriate time frame. Ms. Brown clarified staff could put what they have set aside for this project in the bank and let it grow in anticipation of the $90,000 repayment. Councilor Hartzell request Ms. Brown contact her to discuss the significance of the County vacating Jackson Road. Voice Vote: all AYES. Motion passed. 4. Mt Ashland Discussion and Follow-Up. City Administrator Martha Bennett provided a brief report. Stated staff contacted the attorney representing Mt. Ashland Association based on their letter and asked them if they would entertain mediation. They replied that they would be open to mediation and would like to have the first of a series of mediation sessions within the next two few weeks. Ms. Bennett requested Council discuss the designation of a mediation team during an Executive Session and formalize their appointments in open session. She clarified any tentative mediation agreement would have to come back to the full council for approval in open session. Ms. Bennett stated staff would schedule an Executive Session and Special Meeting following the Study Session on Thursday, January 22. Suzanne Frey/l042 Oak Knoll Drive/Stated she is pleased to hear the Council and Mt. Ashland Association are discussing mediation and submitted a handout into the public record. Ms. Frey stated she is a skier and supports the expansion, but is also an environmentalist and does not want to see the watershed harmed. She commented on the lease itself and the role of the City, stated the lease does not give the City much authority over the ski area and the expansion, and stated the Forest Service is the entity that is accountable and has the authority for protecting the environment. Ms. Frey briefly commented on the map attached to the 1992 agreement and encouraged the Council to read pages 30-34 of Judge Panner's opinion. Councilor HartzelllHardesty m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Designate of Elected Official Liaison to ICLEI. Councilor Chapman motion to appoint Mayor Morrison. Motion withdrawn. ASHLAND CITY COUNCIL AIEETING FEBRUARY 20, ]007 PAGE 6 of8 Councilor Hardesty/Chapman m/s to appoint Kate J ackson. Voice Vote: all AYES. Motion passed. 2. Comment on Jackson County Ordinance on Destination Resorts. Art Bullock/V oiced support for the letter and suggested they send a councilor, the Mayor, or the City Attorney to the hearing scheduled for tomorrow, February 23. Mr. Bullock stated the County's ordinance is not well planned or well thought out and encouraged the City to be represented at tomorrows hearing. Councilor Chapman/Hartzell m/s to authorize the Mayor to sign letter and send to Jackson County expressing the City's position on proposed amendments to Jackson County Comprehensive Plan and Land Use Ordinance. DISCUSSION: Councilor Hardesty noted there are some typographical errors that she will submit. Councilor Jackson stated she would be attending the hearing tomorrow and invited the other councilors to join her. Roll Call Vote: Councilor Jackson, Silbiger, Hartzell, Hardesty, Navickas and Chapman. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First Reading of a Resolution Titled "A Resolution Authorizing Signatures, Including Facsimile Signatures, for Banking Services on Behalf of the City of Ashland." Councilor Jackson/Hartzell m/s to approve Resolution #2007-05. Roll Call Vote: Councilor Navickas, Hartzell, Silbiger, Hardesty, Chapman and Jackson, YES. Motion passed. 2. First Reading of a Resolution Titled "A Resolution of the City of Ashland, Oregon, Declaring Official Intent to Reimburse Expenditures." Administrative Services Director Lee Tuneberg explained the proposed resolution allows the City to reimburse itself for a project that has been budgeted. He noted the Conservation Commission recommended last year that the City consider issuing bonds to fund a project to build solar energy that could be sold to the public. Mr. Tuneberg explained in order to do so, the City needs to pass this resolution which states if we go ahead with the project, and we do issue bonds to finance it, we will reimburse ourselves for any costs paid up front. Art Bullock/V oiced support for the resolution and urged the Council to pass the resolution to move forward quickly to purchase the panels. Mr. Bullock explained there is a worldwide shortage of solar panels because: I) the industry is not able to get the silicon they need to produce the panels, 2) there is a dramatic demand from Eastern Europe, and 3) the United States is being hit hard by the dollar devaluation and there is only one company in the U.S. making the panels. Councilor Jackson/Hartzell m/s to approve Resolution #2007-04. Roll Call Vote: Councilor Silbiger, Hartzell, Chapman, Navickas, Jackson and Hardesty, YES. Motion passed. 3. First Reading of a Resolution Titled "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." Public Works Director Paula Brown explained this item has been brought forward in response to a petition submitted by eight of the property owners on Schofield Street. As of today, only 39% of the property owners are in favor of the petition, however if you look at those who previously signed agreements indicating support it is 65% of the property owners, which excludes the City's property. Ms. Brown noted the Council is scheduled to discuss the overall LID process in April, and clarified this resolution would set the public hearing for the Schofield/Monte Vista LID. Ms. Brown clarified the City does own property within the proposed assessment district and will pay as a ASHLAND CiTY COUNCiL A1EETlNG FEBRUARY 20.2007 PAGE 7 vI8 property owner for those four lots. Austin Brayfield/400 Monte Vista Drive/Stated there are a lot of residents in this neighborhood that are against the paving and suggested these dollars be used to fund the library instead. Art Bullock/Stated the Council should not proceed with a public hearing for the following reasons: 1) the LID process review has not been completed, 2) the majority ofthe neighborhood does not support the LID, 3) the City's ownership of property within the proposed assessment means the Council is an impartial party and cannot participate in the quasi judicial hearing, 4) the language of the resolution does not meet the legal requirement and notice should be sent to all properties that will be affected by the LID, not just those that will benefit, and 5) this LID is dealing with numbers that are extremely high and one property owner will owe more than $20,000. Mr. Bullock urged the Council to not set a public hearing until these issues have been resolved. Comment was made that this LID should be postponed until the Council has had the opportunity to discuss the LID process. Opposing comment was made that staff has been aware of this project and had it on the capital improvement plan for some time, and suggesting Council proceed with scheduling the hearing. Councilor Jackson/Hartzell m/s to approve Resolution #2007-03. DISCUSSION: City Attorney Mike Franell clarified in the past the Council has interpreted the word "affected" as those who would be issued an assessment for the LID, however Council could change their interpretation. Councilor Jackson/Hartzell m/s to amend motion to add noticing to the Sheridan Street residences. Roll Call Vote: Councilor Hardesty, Chapman, Jackson, Silbiger, Navickas, and Hartzell, YES. Motion passed. Roll Call Vote on Amended Motion: Councilor Hartzell, Silbiger, Jackson and Chapman, YES. Councilor Navickas and Hardesty, NO. Motion passed 4-2. 4. 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." Colin Swales/461 Allison Street/V oiced support for the proposed ordinance, but noted he had submitted some suggested amendments to staff. Art BullocklDistributed to Council his suggested revisions and stated the City needs an ethics law that does the following three things: 1) keep public officials out of hot water, 2) defines a transparent and fair process to resolve ethics disputes, and 3) saves taxpayer money from needless employee lawsuits due to ambiguity in the code. Mr. Bullock stated the proposed ordinance does not accomplish any of these objectives and stated the ordinance is unconstitutional because it restricts the political rights of city employees. He stated the ordinance has no explanation of how to resolve ethics violations and voiced his concern with the special exceptions included for the City Attorney and City Administrator. City Attorney Mike Franell provided an explanation of the amendments submitted by Mr. Swales. He stated Section E( 4) ofthe proposed ordinance expands on the State's prohibition and prohibits an appointed official from representing a client for hire before any City board or commission. He noted elected officials were not included in this provision because councilors are already restricted by the State from representing client for hires in this manner. However, Mr. Swales correctly pointed out that city councilors are not the only elected officials in Ashland and the proposed language would not apply to the City's Parks Commissioners. Mr. ASHLAND CiTY COUNCiL A1EETlNG FEBRUARY 20,2007 PAGE 8 0/8 Franell stated if Council wishes to extend the prohibition, the ordinance would need to be re-worded to specifically include the Parks Commissioners, Mr. Franell commented on the State's standards for judicial conduct that applies to municipal judges and recommended the Council review the State's provision as a separate item and adopt a separate ordinance. Councilor Navickas noted he is a designer and will have to come before the Hearings Board soon to ask for a conditional use permit. It was recommended that Councilor Navickas meet with the City Attorney about his particular situation since the law currently prohibits him from doing this. Mr. Franell commented on the pro bono loophole identified by Mr. Swales and Mr. Swales' suggestion to add in the pro bono aspect and include a mirror of the State language of "represent or represent for hire" so that officials could not side step the prohibition by working pro bono for a client. Remainder of discussion and decision delayed due to time constraints. OTHER BUSINESS FROM COUNCIL MEMBERS (None) ADJOURNMENT Meeting adjourned at I 0:30 p.m. Barbara Christensen, City Recorder John W. Morrison, Mayor CITY OF ASHLAND Minutes Conservation Commission 01/24/07 These Minutes were approved by Conservation Commission at the February28, 2007 Conservation Commission Meeting. January 24, 2007 7:00 pm Community Development Building 51 Winburn Way Ashland CALL TO ORDER Vice-Chairperson Chapman called the meeting to order at 7:05 p.m. in the Siskiyou Room at the Community Development Building. ROLL CALL Attendees: Risa Buck, Russ Chapman, Ross Finney, Lindsay Gerken, Jim Hartman, Melissa Schweisguth (arrived 7:30), and Stuart Corns were present. Kathryn Houser was not present. City Council Liaison: None present Staff Liaison: Larry Giardina APPROVAL OF MINUTES Vice-Chairperson Chapman asked for an approval of the December 06, 2006 minutes. Commissioner Finney corrected page 4, top of page that read: 500,000 Federal Bond, suggested It read $500.000 Federal Bond. Commission Chapman corrected under Ashland Sanitary 60,000 pounds of leaves, not 60,000 leaves. Commissioner Hartman made a motion to approve the minutes of December 06, 2006 with the noted changes and Commissioner Finney the motion. Voice vote: all Ayes. The motion passed with a unanimous vote. The minutes of the Conservation Commission Meeting of December 06,2006 were approved. cc min 01 24 07 .doc Page 1 of 4 PUBLIC FORUM No one present at this time to speak. ASHLAND SANITARY & RECYCLING UPDATE: Commissioner Chapman reported about the huge success recycling the nursery plastics last fall, and they plan to schedule another event this spring for two weeks, May 13-June 1, 2007. Commissioner Buck reported the update of the Ashland Sanitary Web site and how it will give additional information useful to the public and also posts all upcoming events. Both Commissioners reported to the Commission about the upcoming Earth Day event, themed " Be the Change" located at Science Works, April 21 st. The event will include a wide spectrum of waste management issues including a landfill model to an onsite composing of much in between. The hope is to create greater awareness and educating people about how they can be part of the solution by generating less garbage, reducing consumption and recycling more. The Commission will host a table at Earth Day. The Commission members will organize, figure out the schedule, and display content on the next agenda. OLD BUSINESS ICLEI membership update (Bike & Ped) Larry Giardina reported the Bike and Ped Commission has agreed to pay $200.00, along with the Conservation Commission paying $200.00, and the Conservation Department paying $200.00 to complete the costs for membership. He reported there would be software training on February 8th, 2007 and besides himself, someone else could participate. Jim McGinnis was suggested. Also, he reported to the commission that a student at SOU, Cally Hawk, was interested in an internship and he thought about involving her in the ICLEI program. He also has an Earth Advantage directory project he could involve her in too. Commissioner Buck expressed concerns that the Commission support and take action based on the principles of ICLEI, not just contribute to their membership. Larry explained there was a lot of information that could also be shared between members. Commissioner Hartman announced that the Global Warming Task Force meetings would be held at Commissioner Hartman's classroom monthly. The meetings are open to other members of the community and held from 7-9pm. The next meeting will be on February 14, 2007. Commissioner Schweisguth remarked there would be a Climate Day of Action meeting scheduled April 14th, 2007. Sustainability Plan feedback Larry Giardina reported the plan needed some refinement and Commissioner Schweisguth stated the goal was to present a resolution to Council and ask Council to pass a resolution to have experts draft a sustainability plan. Commissioner Chapman remarked about other groups putting together similar plans and the idea of combining or submitting to Council a more cohesive sustainability plan. The members discussed the Comprehensive Plan and the Sustainability Plan, the Council and staff's capability to be involved. cc min 01 24 07 .doc Page 2 of 4 NEW BUSINESS Storm Drain/Rainwater Catchment Commissioner Buck questioned the fees charged for storm drains for homes with rainwater catchment, or homes that didn't use the service. This could apply to current or new construction. Public Works is in the process of developing a storm water management plan for Ashland and these ideas can certainly be considered. Goals The Commission discussed the proposed draft goals from the prior Commission for 2006-07. They discussed changing the word "green resources" to new renewables, or non carbon admitting. Commissioner Finney explained some of the reasoning behind the draft goals and the Commissioners continued to discuss how the goals should be constructed. Examples: . Contribute to developing and implementing a plan to meet the goals of the Cities for Climate Protection initiative and the Mayor's Climate Protection Agreement. . Research and recommend ways for the City to expand the purchase or encourage clean renewable energy choices by the City and its residential and business community. Research and recommend ways for the City to effectively market: Climate change Water Energy conservation Energy efficiency appliances Expand the City's conservation programs City's water conservation programs, including rain water catchment. Water conservation and water quality Commissioner Hartman volunteered Commissioner Finney to rewrite these goals and revisit them at the next Conservation lDeeting. The members discussed the high level categories and what type of specific goals the want to pursue. SUBCOMMITTEE REPORTS 1. Garbage land Sub-Committee No report 2. Education/Events No report 3. Green Business No report. COMMISSION ITEMS NOT ON THE AGENDA Larry Giardina reported on alternative sources to hold events, he mentioned Shakespeare, and the old armory. cc min 01 24 07 .doc Page 3 of 4 ANNOUNCEMENTS Next meeting date, February 28, 200, 5pm March 1 ih, City will host an open house featuring all Commissions. Winter Fine Arts Festival, January 31 at the High School. ADJOURNMENT Meeting adjourned at 9:10 pm. Respectfully submitted, Mary McClary, Administrative Assistant to Electric/IT IT elecommunications Department cc min 01 24 07 .doc Page 4 of 4 CITY OF ASHLAND Council Communication Liquor License Application ~~ Meeting Date: Department: Approval: March 6, 2007 ~ City Recor~~:tJ1 Martha Benr:Jl'~ Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Liquor License Application from Billy Harto dba Thai Pepper at 84 N Main Street. Background: Application for liquor license is for an additional privilege.. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendation on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing ofthis application. Potential Motions: Motion to approve Liquor License application. Attachments: None ~~, CITY OF ASHLAND Council Communication Request for Approval of Y AL Intergovernmental Agreement Amendment Meeting Date: Department: Contributing Departments: Approval: Martha Benn March 6, 2007 Parks and Recreation None Primary Staff Contact: E-mail: Secondary Staff Contact: Estimated Time: Don Robertson robertsd@ashland.or.us TBA CONSENT Statement: The Ashland Parks and Recreation Commission requests approval of the Y AL IGA amendment. Background: The Oregon Tax court ruled that the Youth Activities Levy for Eugene, Oregon, is unconstitutional. The Eugene agreement is modeled after Ashland's Youth Activities Levy. Our City Attorney has raised concern that our levy is also noncompliant in its current form. He recommends making adjustments to the levy distribution to bring us into compliance. Legal and Finance Department staff members have conferred with the County Assessor and determined that to bring our Y AL into compliance, Ashland Parks and Recreation would need to retain an additional $121,000 for fiscal years 06-07 and 07-08 in addition to our regular distributions. Because the distributions have already been made for this current fiscal year, the additional $121,000 distribution will also occur in fiscal year 07-08. The restrictions on expending these funds will still remain in force. Further, at the commission's regular meeting in January, they approved an intergovernmental agreement with the school district for maintenance of outdoor facilities and use of indoor facilities contingent upon approval of this Y AL agreement amendment. Related City Policies: None. Council Options: 1. Approve amendment as presented. 2. Review amendment and consider approval at next City Council meeting. 4. Reject plan. Staff Recommendation: Staff recommends approval of the Y AL IGA amendment. r~' Potential Motions: Move to adopt the IGA amendment as presented. Attachments: Schools/Parks IGA and first amendment of IGA. r~' FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF ASHLAND PARKS AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 Whereas, the Ashland Parks and Recreation Commission, by and through the City of Ashland, entered into an Intergovernmental Agreement with the Ashland Schools District No.5 to provide for the implementation of the 2003 Ashland Youth Activities Five Year Operating Option Tax (hereinafter "Intergovernmental Agreement"); and Whereas, the Oregon Tax Court made a ruling concerning a City of Eugene case which the Parties agree requires revision to the implementation of the levy for the 2006-2007 and 2007-2008 fiscal years; NOW THEREFORE, the Intergovernmental Agreement is herby amended as follows: 1. Paragraphs 3.4 and 3.5 of the Agreement regarding the 2006-2007 and 2007- 2008 fiscal years are hereby amended to permit the City of Ashland, by and through the Parks and Recreation Commission to retain an additional $121,000 for the 2006-2007 fiscal year and $121,000 for the 2007-2008 fiscal year, in order to address the holding of the Oregon Tax Court. This withholding of funds is in addition to the normal fund distribution withheld for the applicable fiscal years. 2. All other provision of the Agreement, not inconsistent with the above fiscal changes remain in full force and effect. ASHLAND SCHOOL DISTRICT #5 CITY OF ASHLAND By: Title: Date: By: Title: Date: ASHLAND PARKS AND RECREATION COMMISSION By: Title: Date: INTERGOVERNMENTAL AGREEMENT CITY OF ASHLAND PARKS AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 Agreement made this day of , 2007, between the Ashland Parks and Recreation Commission by and through the Parks and Recreation Department LParks Department_) and Ashland School District #5 L School District_). RECITALS A. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its assigned personnel or agents have authority to perform. B. Parks Department and School District have successfully shared the use, operation and maintenance of facilities in past years and desire to share resources and work collaboratively to jointly maintain and manage the School District athletic fields and other landscaped areas. C. School District has indoor facilities that could benefit the Ashland Parks and Recreation Department's mission of providing recreational services to the citizens of Ashland. D. Parks Department and School District desire to formalize their commitment by entering into this agreement in the spirit of cooperation and with the understanding that the shared facilities will be used extensively by the community in exchange for maintenance by the Parks Department. Both parties desire to maximize the utilization of the community's recreational facilities and open space. E. Parks Department recognizes the value of utilizing school open spaces and developed recreational facilities as neighborhood parks. Such utilization will fulfill the Parks Department open space plan. F. Parks Department and School District previously entered into a similar agreement that due to decreased funding was terminated early; however, a tax court decision that potentially may affect the Ashland Youth Activity Levy (YAL) has prompted the parties to reconsider Parks Department providing maintenance of school owned and operated outdoor recreational areas under the terms and conditions herein. Parks Department and School District agree: 1 Definitions. The following terms shall be defined as: 1.1 Fields and Facilities. The following School District athletic fields and associated open spaces' (further collectively referred to in this Agreement as fields) for the schools and office listed below are subject to this Agreement: 1.1.1 High School 1.1.2 Middle School 1.1.3 Bellview Elementary School 1 .1.4 Briscoe Elementary School 1.1.5 Helman Elementary School 1.1.6 Lincoln Elementary School 1.1.7 Walker Elementary School 1.1.8 Central Administration Office 1.1.9 Willow Wind Community Learning Center (landscaped areas only) 1.2 School owned and operated outdoor recreational areas: Playgrounds and play equipment, fields and facilities, amphitheaters, walking tracks, and picnic areas. 1.3 Non-recreational areas owned by the School District and maintained by Parks and Recreation: Parking lots, landscape areas around buildings, and ornamental areas. 1.4 Indoor school owned and operated recreational areas: Gyms, classrooms, music rooms, cafeterias, auditoriums, theaters, set shops, wood shops, and automotive shops. Hallways, vestibules, and restrooms will also be made available in support of these facilities. 1.5 Priority User: A user that cannot be bumped or rescheduled by community users once use of a facility has been scheduled. 2 Scheduling Use of School District Facilities. 2.1 Schedulinq - Fields and Facilities. Use of the fields shall be scheduled by the School District. The School District shall have first priority for scheduling those activities required or compatible with instructional needs and school-sponsored extracurricular activities. Use by the School District is subject to the requirements of the Oregon School Activities Association (OSAA) and School District reserves the right to reschedule the actual times of School District if there are changes in instructional or OSAA requirements. At all other times the School District shall schedule the fields for use by the Parks Department. When not scheduled for use by the Parks Department, School District may schedule use of the fields for community groups that exist within the City of Ashland. The intent of the parties is to maintain a schedule fulfilling the instructional, athletic and extracurricular needs of the School District but expand use by the community to the maximum extent feasible. 2.2 Schedulinq - Indoor school owned and operated recreational areas. 2.2.1 The City and Parks and Recreation shall be a priority user, outside of Schools, of the indoor facilities as defined in the definitions section. 2.2.2 City shall make request for use of indoor facility no later than one month prior to scheduled need. School District shall not deny without due reason. 2.2.3 Indoor facility use shall be free for Parks Department for use on Monday-Friday between 3 pm and 11 pm at AMS and AHS. School District may bill Parks Department such amounts as shall cover district's costs for use on weekends, holidays, and after 11 pm on Monday-Friday. 2.2.4 Parks Department shall pay all billed amounts under this section no later than 30 days following receipt of the bill. 2.3 Schedule Vacancies. Times reserved for the School District, but not used by the School District, will be made available to the Parks Department and times reserved for the Parks Department, but not used by the Parks Department, will be made available to School District. 2.4 Site Supervision and Clean UP. The sponsor of a scheduled activity or event is responsible for site supervision during the event and routine event clean up. 2.5 Security Durinq Events. Security during events will be the responsibility of the sponsor of the event. 2.6 Chanqe in Policies Governinq Usaqe. Any proposed change to usage or policies governing usage other than scheduling will require approval by the Parks Department and School District. 3 Compensation. Beginning March 1,2007, the School District will pay for the maintenance responsibilities assumed by the Parks Department under this agreement in accordance with the following schedule: 3.1 The sum of $140,000 per year to be prorated for the period of March 1,2007 through June 30,2007, in this first fiscal year. 3.2 Beginning July 1,2007, and each subsequent July 1 during the term of this contract the amount specified in paragraph 3.1 shall be increase by three percent (3%). 3.3 Equal quarterly payments shall be payable in advance for each fiscal year of this agreement, with the first payment to be made July 1, 2008, for the July - September 2008 quarter and additional quarterly payments to be made on or before the first day of each subsequent quarter. 3.4 The Parks Department agrees to not bill the School District for the costs for maintenance for the period beginning March 1, 2007 and ending June 30, 2008, as these will be reimbursed through an amendment to the Youth Activity Levy disbursement agreement. 4 Maintenance Responsibilities by Parks Department and School District. Parks Department and School District share the goal of having as high a standard of m<<:1intenance as is affordable and practicable. The standard for quality of maintenance will be mutually established by Parks Department and School District. This agreement shall supersede all prior maintenance agreements between the parties. 4.1 Maintenance Responsibilitv of Parks Department. Except as provided below in this section, Parks Department shall maintain the turf and landscaping associated with: 4.1.1 The fields and facilities described in section 1.1 4.1.2 The School owned and operated outdoor recreational areas. 4.1.3 Non-recreational areas owned by the School District and maintained by Parks and Recreation 4.2 Maintenance Responsibility of School District. School District will provide all utilities, including water, necessary for proper maintenance. 4.3 Maintenance Policies. Parks Department shall honor all maintenance policies established by the School District as of November 6, 2006. New grounds policies enacted by the District shall be jointly approved by the Parks Commission and the School Board prior to them being enacted. 4.4 Maintenance Included. Maintenance activities such as mowing, trimming, weed and vegetative control, pruning, playground equipment inspection, litter removal, irrigation repair and operation, and fertilizing are implied and included within this IGA. 4.5 Activities to be billed separately. Parks Department shall bill School District separately for special projects such as construction, equipment replacement, or facility rehabilitation which shall be charged on a time and materials basis with no administrative overhead included. School District shall pay items billed separately under this provision no later than 30 days after receipt of the bill. 5 Length of Agreement. The term of this Agreement shall commence on March 1, 2007, and continue until January 1, 2012, unless terminated as provided in section 9. Parks Department and School District shall periodically review this Agreement and modify it as they mutually agree to be appropriate. 6 Rental Fees, Concession and Ticket Revenue. 6.1 Parks Department and School District Sponsored Events. Neither Parks Department nor School District sponsored events will have a rental charge. Parks Department may be charged for custodial services if a custodian is not otherwise on duty during scheduled usage. 6.2 Other Reserved Use. School District may charge rental rates and custodial or other costs for community groups. 6.3 Concession and Ticket Revenue. Concession and ticket revenue generated by Parks Department or School District sponsored events shall be retained by the respective agency. Revenue generated by community group use at school facility shall be subject to School District policy. 7 Sponsorship and Advertising. School District reserves the right to determine sponsorships, advertising, and concessions related to the surface fields after consultation with the User Committee at school facility. 8 Special Campus Concerns. 8.1 Campus Security. Parks Department and School District recognize and support modest and safe use of fields by neighbors and the community during the instructional day as long as the use does not disrupt the operation of school or the instructional program. Parks Department and School District agree to the following: 8.1.1. The facilities described in section 1.1 of this Agreement will be used in a fashion that maximizes community use through the Parks Department or community groups. However, such use must be compatible with protecting the safety and security of students, staff, and visitors. School District reserves the right to control use and access to the facilities during the instructional day from 7 a.m. to 4 p.m. 8.1.2. School District reserves the right to restrict partial or all use for up to 48 hours to respond to a safety or welfare emergency. The superintendent or designee will inform the Parks Department Director or designee of such a decision. Any restriction that extends beyond 48 hours requires the concurrence of the Parks Department. 8.1.3. School grounds will be posted with signs informing the public that the areas are school grounds and that public access is welcome, but may be restricted without prior notice for security or, while school is in session, for instructional reasons. 8.1.4. Parkinq Durinq the Instructional Day. Members of the community arriving by car to use the facilities during the instructional day may not park in the school lots without prior approval of the school administrator. 9. Termination. 9.1. Procedure for Termination. Neither party may terminate this Agreement for a breach by the other party without first providing the other party written notice of the specific nature of the alleged breach and a reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30 days or such other lesser or greater time as is appropriate given the nature of the breach and the time necessary to cure it. 9.2. Remedies for Termination. Notwithstanding any other provision in the Agreement, each party reserves the right to terminate this Agreement for any reason by written notice. Such termination shall be effective 90 days after notice is given. The same shall apply if either party desires to terminate this agreement as to one or more of the fields and facilities listed in Section 1 above without terminating as to the others. 10. Contract Administration. This Agreement shall be administered by the Parks Department through its Parks Director and by the School District through its Business Manager. Either party may change its representative by providing the other party written notice of the new representative's name and address. 11. Indemnification. To the extent legally possible, School District and Parks Department each shall indemnify and hold the other, its officers, agents and employees, harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to any act or failure to act by the first party and its employees, agents, officers and contractors in connection with this contract. 12. Dispute Resolution. Parks Department and School District shall attempt to resolve all disputes through staff discussions at the lowest possible level. Both parties to this Agreement agree to provide other resources and personnel to negotiate and find resolution to disputes that cannot be resolved at the staff level. As a next step, claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement, or breach thereof shall be determined by mediation, arbitration, or litigation. Disputes shall be initially submitted to mediation by a mediator chosen by the parties. The cost of mediation shall be borne equally by the parties. If the parties are unable to agree upon a mediator within 5 days or if mediation fails to resolve the dispute and if either party wants to further pursue the dispute, either party may request that the dispute be submitted to arbitration before a single arbitrator agreed to by the parties. If both parties agree to arbitration but are unable to agree upon an arbitrator, each party shall select an arbitrator. The arbitrators so chosen shall select a third, and the decision of a majority of the arbitrators shall be final, binding the parties, and judgment may be entered thereon. Unless the parties mutually agree otherwise, any arbitration proceeding shall be conducted in accordance with the currently in effect Arbitration Rules of the American Arbitration Association pursuant to ORS 190.720. Notwithstanding the above, either party may, at its own discretion, elect to resolve disputes in excess of $50,000 by litigation, if mediation is not successful. ASHLAND SCHOOL DISTRICT #5 ASHLAND PARKS AND RECREATION COMMISSION By: Title: Date: By: Title: Date: Council Communication CITY OF ASHLAND Capital Improvement Program (CIP) and Long Range Financing Meeting Date: February 20, 2007 Primary Staff Contact: Paula Brown 552-241 0 ~ Department: Public Works / 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 staffs 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 I 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 C IP, 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~' Council Communication CITY OF ASHLAND Capital Improvement Program (CIP) and Long Range Financing Meeting Date: MARCH 6, 2007 Primary Staff Contact: Paula Brown 552-2410 Department: Public Works / Engineering E-mail: brownp@ashland.or.us Contributing Departme~nts: F.i ce Secondary Staff Contact: Lee Tuneberg 552-2003 Approval: Martha Benne E-mail: tuneberl@ashland.or.us Estimated Time: 1 hour Same 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 staffs 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 I of2 r~' Cl t ~ ~ Q. 3 ~ C Q. '\'l ;;'; -< o ... n :;; o ~ ~ i'i :;; ." -< ! w ~ ~ o ... ." n to ~ ~ g R ~ ~ ~ -I t- ~ .......:> r!I "'.a o :" :. 3 "0 '1:. j ~ _ . ,,!if r{:-: ~ ~ - -::l @ "':> ~~ oa. t ~ ~ - - I;~: 00 III I:!" ~ t >' ~. .,. ... G/'l ... l>> G/'l "" l>> "" .... 01 <: 0 b b '0 Cl <: 0 Cl <= 0 lOll l>> l>> ,-.J ~ g I,:, l'!J p <:>. => C lOll I W"" ... 'ttI ~8 c'o <=>0 <:>0 ""l v.~~ 0... o o o 't' ~; ... QO Ol => ! " -: ~. l>> ~ => => . ....: ::r ~'~~i' ~. ; ";" ..,t <:I' ~. i oCl' ~ ~ ~ ~ ~ g. 5- g g i ~ ~ ... "5l '" wg .r ~ ~ ~ 1l ~ ~ o Y' 2. e: ~l 8 [ f ~ :r ~ ~ ~ ~. Ilj~1 ;) ..' 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U ~ '0 :; .0 V U ,D '" .g '" '" ~ u ,9 ,9 .9 '" '" ~ '~ ~ ~ ;;; '" ~ 0 .oJ '" ~ ~ 0 t:: t:: <U ~ ~ c 0 0 0 ~ ~ 0. ~ ~ ~ v :a Ul * v I!J -5 ;;; '" '" '" bll <U '" e e e e ,- ." ~ ~ ;;: tIlu.. l- I- l- I- 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 ~~, A li.l\-C-4 "'\61-1 r 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 ClP Dec06\CC 55 ClP 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 granUloan 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 GCI 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 eIP Dec06\ee ss eIP Discussion 04Dec06.doc Page 1 of]4 rA' . TransDortation FY07 FY08 FY09 FYlO FYll FY]2 FY13 Project Totals Bl~. S'helter; f~:ll H~h School fSukiyolJ (-11 BeaduMor.;eJ in hOlJs.;. install $0 H'_'1th A;lu:.ni Bikev!-3.Y Ph II.I~enh:'.;J As-hh.nd BiJ.:e'.'!''iJ.'t $9 <'.000 $1.918000 B Street - f=".0r ~~he",t to 5th St~eV'flverlay '1::'0:1' PI',IE $35 ! IUO $440 000 A :::treet . '=l~: Sheet to 1:.:t Sh~eti(ll'elhv !,,,,r PI,..I~~ $25,000 $315000 'J:r,illUte Sheet - Hl.ltley to Fic'ne>?)' Stl'?et.i'I~h,"elhv pE'l PI",!S 't <0.000 $ 300.000 $380 000 C'-'n...~5tlCln Miti;:::ahon Au' I.)u.ality I (~MA{:n Sheet Inrpl.wemenL; t.=- <~~ Elll',:.b, de$inl ~:nnt 'J,ICII}O(1I1 $100 000 R.illrOadCl'055ll~huD E. Ma.in(07)' Her:.ey,ILa:unJf09'LCI.:J: & ';.];lillel (11) $525.000 't.l. .~OO.OOO $1,250.000 $3275000 Jefl~l'Son Street E::tension PImed (Bn,ll:UUCO - (_'[C[I[I"] $900 001.1 $900 000 F.::al"k ..ll'ld. F..ide Cl'ea.tiou $2IYI,OOU $250 000 H€:l'Sey Sheet Pedo?5t:ti.uv$_:d"ety hUDrD\TeUl.eub $1::'0.000 $1 '0000 M15celhnecn,b I:::onc,rete $.uetv Renms 't150.000 $101.1.000 t 1 00.000 $11.1(1.000 $lUlJ.(I00 $100.1.100 $100 1.100 $750 000 l'.'hsceU.ll1€'0lli Ne",}! Side'....alk hnt.rco....ements (based on 'Pl:iont~d Ii;t ill TSP) I80.000 $150,noo $150.noo $150000 $1 ,o.ono $680.000 Be.;"....e:r Slide PedE:strian ImD:rovemenh $70.000 $70 000 AJ.li;onStreet ImJ:n"o~m.enh; ne:rPMS "ill >i_~ ~ 1. i5.000 ,. $285 000 H.lll1:;Oll St fS:t;;kivD1J to Iowa. to Euclid) PMS: ; ! ~ <'H" $~\.ono , i: 'i!,,: 'i $205 000 1o:(I,',Ia Sheet Pl.,.IS $].JO.OOO $140000 N. Main :::t:reet & V.limel' Street IntersectIon Safety hnplo',---en1~nts $750.000 $750 000 I-)a}c ~treet - Llthia. \Va., to Railroa.d TElcb nH PMS $280.000 $280 000 Nomul Avenue - Ashland St to Siskiyou Blvd PE:I PMS $190.000 $190000 :::1;..~ Instillation at T ohn.m C:reE:k F.oa.d. & Si$k:iyOU Bcnliev"a:rd $250 1.11.10 $250 000 Si.:"')1..;"J I:nstaJ.ht~)n a.t Oa.k Street & Her:;ev Street $250 000 $250 000 Slree1ln",rove".enu per PMS j""al is 10 ""end $200 OOOiyeail $250.000 $250.000 $500 000 Ne'.Tada Sheet Exte:n:;:ion & Bridze Construction. Be.al' C:r,:.ek to l...kl1111tain A\-"'E:' $1 500 000 $1800000 $3 300 000 D.:......utm>m Plan Plwe II $750000 $750000 $1 500000 Sub101al Iran.<nortanon $] 8]0 000 $),008,0011 ,~7?.JllllI ~J555,OOO $2 870 000 $3 000 000 $2 300.000 $10 878 000 Local hnDI'O"\'enl.ent Districts Note: Cosu shown are ioial Droiect cosu Cib'por1ion varies la'.... 40%) FY07 FY08 FY09 FY]O FYIl FY]2 FYIJ Project Io1a.ls S':i.ieY,'ill ~ Nevada Street- TSP school routes i.""" $0 Sheridan St:reet & SdlOfleld St:rE:@t Local ImDrovement [listrict $300 000 $300 000 Plaza A venue Local Improvement D:i5trict $135000 $135000 LWJl\:1 Street Siofe,..,alk Illitallation $200.000 $200 000 Libertv Street Local ImDrovement District $170000 $] 70000 U p-p~r Beach Street Local Inmrovem.ent District $1611.000 $160000 M:iscelhneous Local hnDl"OV1ii!ment Districts $100000 't 100.000 $100000 $100 000 $400 000 Clav Street Local ImDrovement Dishiet $'<60 000 $500 1.100 $860 000 VJ-a.t@rline Road Local hnDrove~llt District $220 000 $220 000 SlIbto1al Lo.allnmrovement Dis1rid. $435 000 $530.000 $300 000 $000 000 $ ]00 000 $]00000 $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\admin\Budgel\FY07 CIP Dec06\CC 55 CIP Discussion 04Dec06.doc Page 2 of 14 r., SIOR1\1 DRAINS FY07 FY08 FY09 FYI0 FYll FYI2 FYB Projed TOotals '.,:'I"/..:..t;:.1' 1)J..ilit.; InlI'ln....em.::nL> - B.:'!.:.;ins,IF,:.ir',iliill Al'>:a..~ $3 '.000 13'I.nno $':: \f1no 'J;:3";,noo $35.000 $l"-;.OOO $':;<:;.000 $245 000 Alley - E. Mllil. Sh'e",t to BLum: Street Stonn ['Hin LUle F:.eDhcement $150.000 $150000 IO'.....iShE'et Sh.::nlHl:1 Shed tn l:J.xe:;hill1 :~tl,:...t Stonn r'lilll Lme h13talh.holl l~-.lll.l tOO $90.000 Li1:.e11y She",t - 10',':<;" Sh>:o:t to P1.;,,0:111 Stre",t Stonn ['Hnl Lm..:: Iruh.ll:;.tie,n lEO 000 $80 000 Be.~ch.l MOll11hml:=l'eek. I,LlK' & 10'.','':'' $17:,.000 $175000 Be.'t.ch I M01ll1ta.llll:::n~,:.k;.:: ~~h..,:.t.l' Aile',"':, $160.000 $160.000 Be:ich I M.0untarn ('H!ek. !"t:1tis.$e l:-ott.:t.;:::€:$. B St Y.iJ:'d outfall HenewSt-=a11ov,rel $I 00 000 $100.000 $200 000 B",a,"h l Mountai.n 1::::re.::1:; e:nel~r i ',~el'-'cit'l diqp.ik'l $1 <;n.uon $150000 (Irllm ,h-illl:&.-~Way UtlN'OVemellLo; I=I,S::J..'! Pl<l.ll.I:::E:melelY 1:1:.0:1"''11:1:, f.:f.: F'u-k '1.7<:;.000 $60,000 $60 000 1.60.000 "1:60,000 $315000 Hel:;ey -Vleti.aJ:1ds 1:::" lu;;::h H._,W l:'Yl)a:.;$ $20.000 $100000 $120000 Kitchelll:=l-eek Chumel mOlhflcatioru $35 000 l35.000 $235,000 $305.000 SubioW Sionn ~ $185.000 $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. Airoorl FY07 FY08 FY09 FYI0 FYll FYI2 FYB Projed Tota.U Entitlement Gnnts . FAA/0DA & Fed.eral Aid to I...!unicip.ilities do,ign $227 900 $20 000 $185000 $20 000 $185000 $20 000 $657 900 Airporllmprovemenls 'AlP) FAA Grant $1 500000 $1500 000 SubloW Airoorl $0 $227 900 $20 000 $185000 $ 1520000 $185 000 $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 (BaR) 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 55 CIP Discussion 04Dec06.doc Page 3 of 14 r:., WATER FY07 I FY08 I FYO? I FYlO I FYll FYI2 FYlJ I Projed Totals I ,\Vater SUDDh T.:Jl?nt. A::h.lill.,i Phoe:ni.:: Pl~lI"linf.: b€:'Tond T.:Jent to A;}U.;.lld I, illd lE:.;,;.p,"-,u,1 $22,,;.orll I '1.5.200.[11-11] $'.4~'.OOO 'H,-,:;;},;:)" [I,~..m - St.:..'bility All.:J'r.;L; . +.:;"'(.teo:h $SD Don $"\0,000 H,)"l"'l [1,3)11 Tn.n:..nusslCOll LUl.. F.'E:t,hcement - Reed>:!' to ~..Va.t"'l Phnt $2.500 OOu $~ ',on.noo Ashlsnd ':le""k \\;'".;::;1 F6d: Bl-id~e l~ol1$t:l:lldic.n $100 000 $100 000 f.:o::edE:l' RO::;;O:l"'.,-'Oll Study $100.000 $100.000 F.~ht"i.J;r;dE:l t~:Ol the F.~ht TJ ~e PrO;:::l'.iln $:.0.000 'f.'i) 000 $100000 $100,000 $100.000 $100000 1- <,00 000 Additioml V:l:..tE:l F:~ht:; I.TI[llB(If,: :.>';'"5tenl., e:h:'J 't.6n.ooo $60.000 $4~0 OC') $ '40.000 Addltic'll.;J Lo:.-t l=-lE:e:k V.l.:"ter f,'"Qhb '1:500 000 $ ",00.000 Subtotal Supplv $2975,000 $IlO,OOO $610000 $520 000 $100 000 $100000 $5 300.000 $9,715,000 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 Ashhn.i CH:ek E:..st &; v\r~5t Fork Silt & [l~bru f.:.e:mo......:J $20 000 $20 000 (]uonn~JHvt:II-,duOJit... f.:eqllirement F..e...,e"."! $~.fICJ.OOO $3 ';0.000 Sbi....... La~.:oon~:l. T.n.3ste Line Im[lrO'.~n1P-nt;; ,,:, ,,' $100 000 $180000 HO$kr Dam SeClll-ity & T elemehv "" ,or $<5 000 $75 000 Plant PJOC~~;; ImpJlJ....~ment5 khem fee.1 K":J.a .ash.. rn.;,;trllment.ation. t1oc.:tlla.tor) 'i' (, $70 000 $200 000 $370 000 ,1:1.;..ter TJ'eahn.:nt Pl411t - l:onst:l:1J.ct New Filter..> 7 & S $85 000 $500 000 $585 000 ,1.1ater Phnt Facilitie5 Phn.oo Cal).acity U"pdate $1 75 000 $175000 ! Subtotal Plant $390 000 $405 000 $200 000 $85 000 $500 000 $0 $175.000 $1,755000 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. i'Vaier Distribution Main feeder Line Plant to Crowson .(~'nE FYf\; $0 Granite Street T"'l.aterline R€:[lla.cement - Nutlev to Shawbeny to Pioneer $300 000 $300 000 Loop Road R.e5ervoll .and "Cl'OW5on II" $200 000 1-925.000 $300 000 } ;JH,iU,liU~t $4 425 000 Cww$on Road. V.J..ite:rline f.'..;:pw:ement AirPort & E. Main Street Loop ~ :; :" .h(i I:~ $55 000 Tolman Creek Rc.ad W.ateJline Retlla.cement - Si5kivou to j~elUne.ID.~!5 ');; $375 000 $375 000 Terrace Street Waterline Replacement - Iowa to TID Ditch $350 000 $350 000 'Naterline Up$izint: - Maple Street Scenic Drive and Che5tnut Street $250 000 $250 000 W.term,. R.evlacement - Stral'iOenv Purnv Stalion 10 Grandview Dr $500 000 $500 000 W.lerm,. R.evlacemenl . Wizw,r & Sunnvview $250 000 $250 000 Bel1$on Wa.v Loop W.aterli.ne Imt.illa.tion $140000 $140000 Euclid Ave:nue ""'/aterline Replacement ProsDect Fern & Roca $275 000 $275 000 I Si5ki rou BOIllevard Waterline }?Qphcement - T en.a. to Mi5tletoe $800 000 $800 000 Lithia Water Line rephcement:s: $35 000 $35 000 $35 000 $105000 "I 4" W.ter Line R.evlace""'nls rbased on model "'aWremenlsl $70 000 $70 000 W.ler Main Line R.evlace""'nls (based on model "'QUU'emenls) $75 000 $75000 I Waler Modelinz and Masler Plan Uvdate, ~ ;~.O(lr.r $10000 $10000 $10 000 $10 000 $10 000 $75 000 $160000 i Sw.total DUtributio.. $590 000 $1 695 000 $760 000 $oU5 000 $5115 000 h 845 000 $220 000 $8 130 000 . ,. '" , '" , ", , 1111 : '" '" '" I ,II '" G:\pub-wrks\admin\Budgel\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. WAsmVATER FYOi I FY08 I FY09 I FYIO FYIl FY12 I FYI3 I Projed Joials \Vastev.rater Treatment Plant Vl<sstew.atO::l" Treatment Plant Nev.. Membrane s:ectiolli $300.000 $300.000 V.J .aste"....iter Treatment Plant Process Imnrovemenh $150000 $100000 $150000 $400 000 T",.t",.nt Plant - Tlli-rmaI Improvement, IDEQ - TMI'LJ $225.000 $1.1 00.000 $1325000 Tl"€:a.tment Plant P€'mUt E"..aluation and. Reneo.:yaJ. $2 \0.000 $250 000 Treatment Plant (anacit'/' Evaluation $250 000 $250 000 Subtoial Plant $~O 000 $475 000 $1100000 $100000 $0 $150 000 $250 000 $2 325 000 The Wastewater (Sanitary Sewer) Collection System Master Plan was completed in January 2005. The plan analyzed the capacity to handle peak wet weather flows for the next 20 years. The City's collection system is in excellent shape and only 5 major projects were identified and are included in the CIP. In addition to the collection system, staff will work on a Fats, Oils, and Grease ordinance to increase awareness of our uses, primarily commercial users, on the need for individual grease traps and minor pre-treatment. This will be brought to Council in 2007 for acceptance and adoption. '\Vastewater Colle4:ti.on Sl"$'tem A St~et - O.a.k Stre'?t to 7th Street 'W...a:;;tewater Line- Renhcement t~Ht,Ui!H $300 000 $390 000 , N Main PumD Station ReDlace",.nt $200 000 $200 000 ! Alley Wastew.ter Line Re.h"."mont - E. Main to Blaine $150000 $150000 , Wastewater Line ReDlacement Oak St",et- Lithia Way to A St",et $15000 $175000 $190000 I Miscellaneous In-House Wastewater Line ~pla.ce~nb $120000 $125000 $125000 $125000 $125000 $125000 $745000 I N. Mountain Ave Wastewater Line Rea!ilmment - Hmev to Bear C",ek Trunk $175000 $175000 ! Willow St",et Wastewater Line RealWunent- Orange to Otis $130000 $130 000 ! Bear C",ek Inte",eDtor Trunk Line UD,;';"'" W;,-htman to Tolman C",ek Road $30 000 $225 000 $255 000 Henev Street Wastewa.ter Line R.ealirnm.ent - Patterson to V-la.ter St $115000 $115 000 i Collection SyStem Master Plan UDdate $115000 $115000 ! In-house line "'Dlacements and UD';';"'" $60 000 $60 000 ! Collection SyStem un~ade,r""nrovements (per master DIan) I $75000 $75 000 I $575000 $'00 Olio $300 080 I $285.0011 $465 000 $240.000 i $135 080 $2.'00 000 . ~. I III I III II III : III III '1 III : III . , III G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 5 of]4 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 Ouiet Village is also included in the CIP. ELECTRIC FY07 FY08 FY09 FYIO FYll FYI2 FY13 Project Totals Iwtill Nt:>.... S~n...ices ..& Tral\.)fo:nner:; $325 000 $'2' 000 $325 000 $325 000 $125 000 $32S.00U $325 000 $2.27' 000 Undo::rno11l1d Electric Utility Lilte IU$t.all.:..llon >;l.lll.CIl~~ Loe -,at K' 1\5 $65.000 $100.000 $100.000 $100.000 $100.000 1.1 uu.uoo $100000 $665 OOU Enck.se 0Den EO'llllH"nent Bl.&" .:..1 SerITe Cente1' $220 000 $220 000 h1stall Und.emmmd Feeder Line to ,:Vah.::l" Treahnent Ph.nt .:...nd H,_,;:;le!' [I.:am $30 000 $4' 000 $75 000 i UTJi"Ta.d.e &lSUl.E:55 Di$trict Feeder Line - Hehn.lll Street $10 000 $10.000 $20 000 r UlbiergrOlmd Utility Lrnes - l)aJc Kn.:,ll Sulllhvisi.c.on $25 000 $35 000 $60 000 EIe.,hica! Lo..l Sluflme $70 000 $30 000 $100 000 UT.na.de Feeder Line - Morton Street $30 000 no.ooo $60 000 U",J.~lll,j Utility Lme, GreemneadcfI.\rs S11bdivision $2' 000 $40 000 $35 000 $100 000 U D~a.de MOlmhm A "'~lUe Substation Low Slde Distnbution $60.000 $50 000 $ U5.0uO $245 000 : Un,je~:mn,j Utility Line, o.Jiet Villiee Subdi,-ision $100000 $100 000 T U"J.r=m.J Oak Street Transmis,ion Line, $60 UUO $60 000 . " : III ",:1 ill III I 1.1 I ",I IHI !II Iii ':J 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 Owest 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. .UN/TELECO~m~CATIONS FY07 FY08 FY09 FYIO FYll FYI2 FY13 Project Totals 802.111, Wirele" Builiout $15000 $15000 Coble Modem T erminotion SYStem (CMTSl $125000 $125000 Route" $20 000 $20 000 Unde~,;;:l Mad';"" $23 000 $23 000 I O~tica! Time Domain Ref1ectometer (OTDRl $11 000 $11 000 Distribution and Coble Eou;nment Instillation $120000 $120000 $120000 $120000 $120000 $120000 $120000 $840 000 T Unde~~~ Telecomnmnication Line, Instillation - Various Locations $25 000 $25 000 $25 000 $25 000 $25 000 $25 000 $150000 ! Network Refre,h $10 000 $10000 $10000 $10 000 $10000 $10000 $10000 $70 000 Fib.r to the Premise (ITTPl $50 ocio $50 000 $50 000 $75 000 $75 000 $75000 $75 000 $450 000 W;Max Denlo~.nt $100000 $100000 $10 000 $10000 $10000 $10 000 $240 000 Subtotal AFN I Teleconununicatio... $374.000 $305 000 $305 000 $240.000 $240 000 $240 000 $240 000 $1 944..000 G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 6 of 14 r~' Technolo~y 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. ITCHNOLOGY FY07 FYOS FY09 FYIO FYII FYl2 Fyn Projed Totals [1E-:;kto'p a.lld L.'tpt'JI' Plilmed. Ro::ph.cemo:nt (2 <:/,{ AmllHll'rJ $7 5 000 $75.000 $7') 000 $7\0011 $7\000 $7 .~,noo $7.~.Ono $ '~2 '.'.000 PlUltel PI.3.lulo::d f,:";'J:,}a':>?Ulellt $25.000 $2 \000 '1.1',0110 $25.000 $2<; 000 $2 (, 000 $25,000 $1 i5.000 ~"lYer Ph.luted F.:eJ:,I""cfome:l:1t $10 000 $10.000 $]0000 $ 10 000 $10.0110 lID,OOO $]0.0011 J:70XuYI I~IS SJ:,atiil [1.it,it..:a5e: El~"'i.ne $50 000 1.',0 000 $50,01111 :{; .::;o.onn $200.000 1,,01,'1101 Soi'rw-il.;. Pm!"' lases $60 000 $60 000 :1,60.000 $.]80000 Subtotal Technolo"," $220 000 $1I0 000 $160 000 $170000 $160 000 $1I0 000 $220 000 $1 150 000 ~ , " . \,1.. I . : f.. I; I:" h Ii' ),~.. ,{~+;!~:r! , I't I 1.J'I I' I " I': 1ti~ I " , ..J!I'1 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. ADI\IINlSTRATION. City Facilities FY07 FYOS FY09 FYIO FYII FY12 FYn Project Totals City Facilitv Upgrades & lyl.:illttenanc... $100000 $100000 $100 000 $]00000 $] 25000 $12'000 $125.000 $77 5 000 FdCiliti€!s Pl~ Space Needs Arnl'lSb and. FUlldu\l: (tphOlli $75000 $75000 Poh,..e Fubng Lot EXp.alljl.on $85 000 $85 000 f::ouncil ChaJ:nl:.~r'5 irnpro...~~ments $300 000 $300 000 AlChive BlJil~ Construction $100 000 $I 400 000 $1500000 Polic~ [.'~Dd.11llli:nt Build..inz ImDl.o"'"'em~nt5 $200 000 $550 000 $750000 Fire St.:ihon No. 2 R~col1$huction $50 000 $2 500 000 $2 550 000 $5 100 000 i Lont: TelID Faciht~$ Renlacement $1 000000 $750000 $] 750000 i City Facilitie, UpO'<<d,;". "".don a Facilih., Phn $400 000 $400 000 $800 000 . .1 " 0 ., III ,I III : I !II I III III , III III III Parks and Recreation (CIP shows City fundinQ only) 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. i PARKS & RECREATION FY07 FYOS FY09 FYI0 FYll FY12 I FY13 Project Totals Open Space Ac"w,tien I Park Devolopmont $200000 $200 000 $200 000 $200 000 $200 000 $200 000 $200 000 $1.400 000 N. Main and Scenic Park D.volonmont $75000 $75 000 $75000 $225 000 Vo..l Park D.volonmont $100 000 $100 000 $75000 $75000 $350 000 i Calle Guanaiua.to Impl'Ovomonls $75000 $75000 i ]c. Rink Covo. Ret>Iac.monls and Imnl'Ovomonls $200 000 $50 000 $250 000 Oak Knoll 1 . atien Renlacement $250 000 $250 000 $500.000 . . II III IIII ," ,,11 III III II III II III :11 III G:\pub-wrks\admin\Budget\FY07 CIP Dec06\CC 55 CIP Discussion 04Dec06.doc Page 7 of]4 r~' CaJlitaIIIllJlJ'o"('IIJ('fJts Plan 20n7.201] Construction Y('ars t(! >- I ~"l," a'~tit' j I "'~i ~ '..:i ~\ "~~~:'t ':. ~,~ ~,' ~ - " > '" .t ,. ""'7'" ,~\~'1"1"", ~~,,;~ t' "_~"~ i:ilO.hitJ:;[.t~" ~ "' f ~ !'II, '_ *' l ~J~/' J~~... ' ~ r~, ,~...I.W" '~ . , I , '" . . . ~_ . . '. , . 20Q6.417. 2007..(\8, 00ll-W " Wjl9.10. 2010.11 2011.12, zli is, / .TOT,Mi i!It ; j:J !':\~IS.JIOI'!__otl.i?!,_! FYtP ~~~_:i~:It~~ ~.~~~~:~~~_~y.lh\l)1 (~.~:J..:;~1_1_1..~ B';.jdl~'I::I~(J I J'~,_'~1h .hhhlllcl,~jk(,'\\-:lY Fh TL (,(:IlIl:\1 A~hblld Bli..n"';l~ ~l) ()f)('f ::.:~,;;l~~.~j;iW.~ B s,,,,, . O"k STo,,, I" ;11, ",,,,,i()c .IL" J'" I'.\IS i I' \1 h ~~.:.. :.~..\,'0,~-----=';~:i~'- i\ ~?~I._l~~_I_ - q:lk Stn:(~lt_:__~_.-;_I__.~.h~cct:{h cr Ll_~:E_~'1_Fr.,IS " ! ;~ ..1>' It}v : :- 'i11.Il'OIl 0__~~_~c 5-.!.!:~~!...:,~~1_~)~~ Fi,'n~~.~.~_~~~~'_ ~~\-(IIJ~' pel I~~~~~___ $300001 C"'Il,g(..i"'I.~~}_~~~_ga!j\)Il.;\1l Q~_~_;l!_i_!y If~L\().) Sh"t:d_I!Tlj~I.~'.~'~Ill(nts - C .\- Fw(ka . ..Ic._,jg;~.;I~~.!!. .r"'-- ~L~~\O!~)-~ F'.:lih\.;)d (ro~~illg lInr: J. \lalll to-'J.llt'F,-<:}''L:llU-.:,1 to<))_ u!lk .~, Walk<..:. Ill) $"25,0001 $I.:':OO.OOD' L~_I_~:(_~..~l'\11.~~~_~~_I.~~~~:!.~~j.~~11 }1 \l.iC~~__\~_\_,:"._I!_ll_I.I.l(' ()l ( 'Dr)) $q()Q~j~IO(':;-r'-' '. !',u'k al!i.gL~~_~L~~!~'\11 '-',-::';;-~-- 52OJ.COO 1~~,~.(} Sh-.~~.~.Pt:~~_~II_~_3!V~Jret:: JJ!_ll'l:~~'(,fn(llt" !' "s','.,.'o.~,~.~'~:~',Ti -. $S"'OO~-6-..Iu5c'~~," .',.'IO".).,',c,'.'; 'IOO.()(j'C,',. 5.1..,.".).00.0.1", ~.r!.:~~IJ=lIlc~'.~I_~~~'l~~_\:!:_t~.~:Jf.~c'l:.!~.:l~:~l~:' vv~ ",~), oJ ~ _ ''-' "'" ,\Li~,,:c;II:lJ~ct.l1l~ Nc\,,- '";iJ("\\'_~~~_I~pr'fI\C,.;rIl'J1b (.h~I.~_~(1 \'11 ,p.llllrili;:~d bllll TSPj If .---- ""~'--r ~(J ((10 t $150_000 S~ 50.000j, _~~~_~~ Sli!~J~((i(st!i~,,~I!r.r\Y\'(Il~~~~_ 1 S~O.C(ItJ: ;\~h~\'tl ~t~<:C_~_~_J"r.!P!_':>\:.OI1..C!H~ p~1 r:MS \11' ;":1'1 I T -- .----~~-r-. - SJ-,.c~)O, ~~:;.O,O(l\,! ----T. I bJ'ri ~')Il Sol l Si4jy(.11 1" J IHV;! III J' lh:l id) P:',.l~;: " I r "~~',{, t 52.".000' ) 1,';11,0: ~~l i 1\..'\\'3 Sh~_:.IY!\l,) .m_ II n_._n_ J $14U.00U II ~_:_~~l_~n Strccl ,t \~~~_I~!_~~__~.~J.:Cd u~.(!_~_C_~_1~~~'_lSardy ~lIpnl\ CIllCllb 1 $750.000 (;"<lk Slr':':1 " ~.:Atl1lil \~'"~Ij' h. R;-JlI,.,~afl Tl'ad;.s 1'<1 1']\'1S I I $280.000, -"'.t1HI1.'af '''-'IHI':, "\<;h~::,~l Sf ~ SI.Ll\."ll nh.j e.(J Pr\I~ <':;l..n;1] 11l"I.dI3lJ~'l1l nt 1 nlman Crc(k r",~.J L\ "'--'I"kr\ \\\1 H~'lItc, .u,1 ~~~~:::;:~~:::~~~';~~~'~'~~'::::I'~:'I:::"I~~~:~)O ).:,- -- -I' .... -J~~ .. n :m:'J:::i-- :~::. ~;."". :j ~J~::~.iiJ Str.~~_I.!~:~!.:n~I~~~._~}~~_~~~.~Y\'n~~Il~tJ.:'_I.I_~_!~~;1I (r<\;~ III ro.1...llal'~II.\\(: ~ _ _ _____ ___ ~ _ _ _ -1' _ ~_~__L_ s~ "~o WI); $1 ~OIJ (Jrlo r 1'--.I~~~.lownp!'anEkl:-cll..___ ___~____ ____ __ ~______ ____~_-,_~7'O~_____.!.-50~.QOI _ ~ _ _ + ________.m...._. ...... ._....._______._____ ..._ -;uh~~T!~~)O.!:.t~~. ~l:S..!.~~~ __ ~~~~=__~.l.___S11..2:"_:O~O~ ~1~~!!!I__~1_ _~~~,OOOI _S3}~O}_:NlOI $Z300.0nO[ fl J~(=-~J..i;l~-~~;;~~;I; l)ist;i:;t-~-- -. ~~" f':' ~:~... !.iun"'~_,_ ar.. _!.-~~\I. pro~_cl_..~~I~~~~_!_~'.JH)rtion \~~!t"~._i_~~!.:._i~~.~l~O] . _ _ _ ~~ --j;:i!=c.-- _~~~~________.~ ~ }'Y09. ..... .__...I.....~-1O .._'.'~,:.".~" t:'\I~ ~.J.J.".;-"~......FY J 1 ~ " F \' 1 J ])r OJ~(!"!~O~_;_~!_~..o I~~~~~~:~k-=--!:'!c:\.~:~?-.:~~.:!=_)~.?~S(:h~~l~.l__~~_'__'_!..~~______.__...._. _ _..._...____n________. Ht~"I\' ._____~_.._._. _~ _ . ..___ " .._~.~cri tl~.~_~t.!_~.~~~~_':~I:!~~~~~_L_o._~.~J.~J~lpT ~.' '~I.I~~.~1 _!~_~.t~~~~._.___. ._ $JOO.OOO .._ .'__'_.__...___. ---_i. .~. _ .--.-.-----t-- ..____..._~,--. _.1 . __. .."-.-Ss..110J~(.: ..OO()(~I ' I '1 :J~~,.~~~.~~!I!_~L"~.~~~ J!I~E!~'?~.:~_!,~~~___~)1 ~1n.: I .~}~:~~~~ .. "- ~;~I~,:~j~~~~i~~~~~,~~::~::;'Dj~!i"__...n_nn. .__..~~- --. ~:~: ,_....~__.-.J_~. --=~J .. mn___ ~. _..n. __~;~:~:~ ~l~.PE!!-~~ach5~~!..t.!-~EYJ!!11~~~I!!~'T!~1~"lnd _ _ -~-TI_____~!~.Oo.l. _ ___ -~------T--~---J-- _~_ ~ _ L__ _~60.Q!!I ~yl1~c(lInn(oll" Li1c-a1 ImprovcU1C11j DI...lnd~ I $100.0001 $100.0001 $100 000 I SlOD.OO(J ~wo.ooo ~~\~:~i~:c~~~~~~~~~~,I~!,~;<, . ..- .- --- '~~f'~=-'--:"=,,::, -:.-=.ii~Of.C,Qr-=._~~Ol!~OOO[.:_..:__ :=l~~' .~- $220.,,,,J-. ~~r~~ ----- ....... .- _.... -.--- "-~-' .~"-"!.,,,'!iJ~~-,,, bnei~';'<'!t.!'!~~~ =- $435,OO~ ~.~ _2:~l!L~!'l_.~-;t_ .s,Joo.oooC .':~~lI.:l!!l.ll~_ .:..~..-:-1'I,:;,,;~;(J If'~~~~~i~;";~::,~~;;;~'''''''~ .....:..~....~~._~.~t.:i$....;.8G:.-...OO...OO-.;Oo~.:.. '~"~~':,~r!~[~= .~:;"{ '~4-".'rli! ___".I..""~,ShC.d.:..sh~nl':u~,~.tr,.<.t I<>..2E<'.I.l~-m s.~J_t:.-~I.s.:'.-t-o. ~m.Dl~n L~nt:Jn~~~I..I..ti'.n ... 1 " '. , 1 _'+ . I ~ $9~~ .J.tJ",l1LSIJ<.<'..::.!o>\~Sh"'l"Pr"d".~"'_'';!""nD''unL,,~,_!.'!''':'lII"'',~',..._.I.._.....!~OOOC.._ L -....i.--- ---- L. ! ..$~J):'! {i~~~~j~~g~~;F'"';i:;!~".c'="ffi'=-~.E. ~~: _:-i::~l~~r~,oo..f-~;~!- ","~I ~--r.~E o en drama ewav lInprovemcnls: O..~l\.'l PI an: Cemetery Ck,_ dav Ck, RR P3Ik _ ~._~._. $7".000 : $60.000 _ s60:00or~~.OC() t__~~q,i _ __ _ ___ ~ ~~ -~~~~ tt1ands ] S" I~gh tlow bypass ._ ______..____.~.._~___ ~--l. __~___ -L----~--t ~___1____ $2DJ!~O _ $~~l~.Q~9 L ______~_ S120.000 - Kitch,,, Creek Channd 'mdifi,,,ti,,,='......._..__...._. Sllbt;;i-;.. St...m n;;l;" $J85,000 5200.000 I $290,000 I... $255.o00L. S:~: $::::~ '-' ~~~~t ... . '-ii;~~: Airport .....~. FY08 FY09 FYIO FYlI FYU!~.IL.....L. Proj.rtTotab _~~~!!~~~~~~unts ":!~_~E~~~~!~~~~_~~_i~!_~~_~j_~_~cip~!~!~_..__~_..__.______._.__ ----~~El~-t--~~C!:..~f--.._~~S5.~ ______~~1~::.~~ $1R5~:~~ Sl~,([)~L_____ $657 ~~ Ai ol1]n nlV<<:mcnts(AIP)F~l\.l\ l.Jr.lui 1 I .$1,500,000 I $ L500 ,000 Sllhtotal Air ...t $227,90(1 $20,000 $185.000 $1.52ll,OOO $185,000 $20,000 $2,137,900 F\'O~ n09 FYIO F'Yll FYI/ r\ B ]~~l~i.,:(..tJ.O';U~ _J SO, SJ.9ISDOOj $"~O.lI(1l1' SJOCl.OOO ~,'.lqJ)OOJ )J1~.oOU! -SjXC.:Cl(l{)] S-l-t)O~OOO ! $3.2"7'5.01.1111 ..5-)oo.l)().Oj' $2 ~~:9\:I{) $1 ~OJ)tj(1 $-::-'>0.0001 . ...~...(..'..'.'t"l.)'''OI' S70.0~t() $285.01)0 Sl()~.~'ll)Q1 :)l.!U.lII)OI $""~O.OOO 51 $280J;...10 . SI90,or~) ~ -i6 ~~~J1 $,or!.l)(~:1 $:1300.000 . ----,-..--.,+---,,----- $l.500,O()(j ~$16'~~~'O_OO OL\L TR.-\c'lSFORT.\J'ION $2,430.000 >4,025.900 $2.945.000 $2;95.000 54.720,000 S3.5.'1'.00 $312n.oOO $21.460,90 G:lpub-wrksladminIBudgeIIFY07 eIP Dec061ee SS eIP Discussion 04Dec06.doc Page 8 of 14 ~~, Capitallllllll'OWl1Ients Plan 2007-2013 Construction Years l }'~t' - -" r~; :~ " Wo,iert ':;'t'!\:, ,T~ 1 - , .~. ':'~;' ',~;~':"'i5r r:"'. t;'-'j ,-':. " fJ '" ,I I"' ~ ".'~fiiIUs' "', "1 ~ ~ c, , ',Ul10.U', :,',;tOil-12 .. El,,,,_' "" ~; Ie ])'"~'" J F, ~ ~0041 il" '\'k~~*, -,,:':foB: 2009-.11 " UlU-13 :ll~l'At"!'i~ ., , '""- " . c. - " , 'VATER no I FY08 I F~ FYIO I FYI I I FY12 I -~ Prujt'f1Totals J hVaier Su))()h' - -----.---.. .. ~~f, A~hJan~, P~l~)elll:O. Pipc~ine ~(V(lnd Talent t(l A,shland I and I c!'en'\)ir) $115,000 -. .. h100,OOC $5.425,000 .---.---..---- l-h)sleJ [lam. Srabtlity AllalV~5 - Ueotech $'.(; 000 $50,000 r Hosie. Dam Tratlmti5si~e~iacement - Rader 10 \V::JterPlanl S2.~OO.OOO -- $1.100,000 r :'\shland Creek West Foil, Bridge ConstructJ('ll ---.--- -------.11~lO,001l $100.000 r Reedcl H.e~el~.:2i!J~.!~~,___ $1\lO.orX' ... $100.000 R.ight Waler f~)r Ihe Right llse Proj!ram $50.000 - $50.000 $100.000 $100,000 . $100,000 F $100,000 -~ ---- --T -- Addibonal \~"atcr Ri.'!hls fTIDiBOR SystClll. de) $60,000 $60,000 $~20.000 $540.000 i\dditioflaJ~s:t C!'cek Water.-!Zi~___ r- $500,000 $500~ Subt..", Supply $2,9~5.0oo I $1I0,lJIlO $610.000 $520,000 $100,000 $100.000 $5.'00,000 $9,715,000 .--~-- - .. eck East &:: West Fork Silt &:: Debris Removal $20,000 $20,000 . -po.)chlt1111e ReqUIrement RCVI(.\1,I $200,000 $350.000 "-ll111:.md v..'aS:I(.~ine lmp'()\~~~en'-s ", '. .~ $180,000 1 ~_~~~' &:: T c!(~l1(try _ ......,,"'; "",'.. " "t35Jl21 - .- " $'5,000 'S'S Improvements (chern feed, so<la ash, instrumentation, HI..)ccttlator) ~. "'i'.H\~; S70J)f)J SlOO.ooo SJ 70 ,000 Imenl Plant - ('t'lJl~1njcl Nnv Filtas .' & 8 ,,- f--... $85.000 $500,000 S585.ooo _F.3cj.l~tjes P~~_aJl(l Capacity ~!pdat~_ .~ ,,-- -. $175.000 _... $175,000 -- ---~ Subtot'" P1..1t $390,000 S405.OO0 $200,000 $85.000 $500,000 $0 $175.000 $J,755,000 \Vatf'r Histributiml Main Feeder Lnc Plant to Crowson d,e''''.'' SO Granite Stred \Vah:rline Replacement. Nude)' to Strawbcny to Pioneer $300 ,000 SJOO.ooo Loop Road RC"clyoir and "Cro)\\'Son IT" - c.' $100,000 $925,000 $300,000 :) S4.42~,000 ('1'0'\\l50n R?~5! \Vaterline Replacement, Ajrvol1 & E.1-1alll Street l.QOD .'''-'''''' $55,000 l\~lman Creek Road \Varcrline Replacement - Sisluvou to Greetuneadows U $375,000 S375,000 Terrace Sb'tet \Vaterhne Replacement - Iowa to 1ID Ditch $350,000 SJ50.000 Waterline UpsJzmg - J\.13ple Street, Scenic Drive and Chestnut Stred $150,000 $250,000 Waterline Replacement - StrawboTY Pump Station to Granm,;.ew DI $500,000 $500,000 Waterline Replacemenl - \Vin~;r & Sunnyview S250.000 $150,000 ~tnson \\1:1)' Loop Waterline Installati~n $140.000 S140,000 Euclid AVCllUe \Vaterline Relllacement, Prospcct, Fem & Roca $275.000 $275,000 Siskiyou Boulevard Waterline Reolacemolt - Tena to 1':Iistletoe $000,000 ~OO,OOO Lithia Waler Line H:placements $'35.000 S3 5,000 $35,000 $105,000 4" \Valel Line RevlacemelJt~ (based on model requirement!.) $70.000 570,000 Water1-1ai.n Line Reulacanents (based t~nmodd reQuilements) $7~.OOO $75,000 Water Modeling and -Master Han Updates riJ,~'<~l\,U $10,000 SIO.ooo SIO,ooo SIO,OOO $10,000 $75.000 S160,000 Sul>tota1 D1.tributioo S590,000 $1 695,000 S760,000 $435,000 S585.000 $3,845,000 $220,000 $8,130,000 . : '" ~ I 11.1 I1I1 1-1111 : "' I-II " I'll . III III WASTEWATER FY07 FY08 FY09 '1 FYIO FYll FY12 FY13 T Project T otaJs Wastewater Treatment Plant Wastewater Treatment Plant New Membrane sections $300,000 SJOOOOO Wostewnter Treatment PlWlt Process; Improvements S150,000 $100,000 SI50,ooO $400,000 Treatment Plant - TIlennallmprovements (DEQ - ThIDL) $125.000 SI.IOO,ooo SI,325,000 Treabm:nt Plant Permit E\raluation and Rene",,'al $250.000 5250,000 ~nt Plant Capacity Evaluation S250.000 $250,000 Subtotal Plant $450.000 $475,000 $1100,000 $)00000 $0 5150 000 $250.000 $2 .325 000 Wastnvater Coll~on S"sfftll A Street - Oak Stred to 7th Stred Wastewater Line Replacement $!I')JlIlO S3OO,000 SJ90,000 N. ~'lain Pumn Station Replacement 5200,000 $200,000 ~.ey Wastewater Line Realignment - E. Main to Blaine S150,000 S150,000 Wastewater Line Revl.acemert_ Oak Street - Lithia Wav to A Sb-ed $15poo S175,000 S190,000 MiscellW'lcom In-House Wastewater Line Replacements S120,ooo S125.0OO $125,000 S125 000 S125,000 S125,000 $745,000 N. MOl.ltain Ave Wastewater une ReaJi2JUl1Cnt. Hasey to Bear Creek TnIlk $175,000 S175,000 Wil10w Sb-ect \Vastewatcr Line Reali2nment _ Orange to Otis 5130,000 5130.000 Bear Creek IntercevtOf" Tmnk Line U~nR Wikhtman to Tolman Creek Rood S30,000 S225,000 $255 000 Hersev Street Wastewater Line Reali2J1tl1ent - Patterson to Water St 5115,000 $115,000 Collection System Master Plan Update S1I5,000 $115,000 In-house line rtolacements and unsi.zin2 $60,000 S60 000 Collection System up2Jades/ifilJrovements (per master plan) $75,000 $7s,cOO $575000 $600,000 S3OO,OOQ S285JM1O $>l65 000 5240,000 S135.DOO si:6oo 000 I I I I I I III I' III 'I II 1(' III I 1 \\.'~'fer PI:UI; }\shland (', Chlorine.,'l:I.. ~lId~( L~ HosleJDan Planl PH"'~e \Valer Tr<:3 Water Plant G:\pub-wrks\admin\Budget\FY07 CIF Dec06\CC SS CIP Discussion 04Dec06,doc Page 9 of 14 rA' r:apitallmllJ'O"t'IIIt'nts Plan 1)07-2013 Com1ruction Yt'al's 'H'~ v..!""--'<xP~r=.~r7'~~~V1!"'"t-P-~ ~P.tb)~ . '~, ~" ,,-c.,,;,,\q:T.,": ;r~-~""""'t, ~"~:" r" '^ 1~ -! !). ~~:~"__ '"':~~_-C>l'r""~ ,y.,<~~""'" -, ,,"f::)""'~~~~"~~'l:r~(\~~ "}".~~lrr,~;~~:ft~I~~:' :1.\ :.' " ~,.;4';;;;H: I. \'"",' '"J.:., .n~rih!!l!lll.: Ii::',.e. ,. """""",::\.. ."'. ~ _~_~f "~7 . '" ,21\111>-0/1 , .-,,-l!l~ '.~, c~llliI!:i!L"., mO.il....:__~jliil~~~J~~[~~T..m.eI. :. 1FY07 FY08 , ----ru<., 000 $32' ,000 ~1,020r-_ SIOO.OOO -:----l_._~~ooo ~ S30.000 S45,000 --l----1lQ,QQQ ___ S 10.000 I U<.OOO $3'.000 __ _J.._I~J)(Ji) ~:J(j.ooo . $30.000 ,__ _. $25,000 }'Y09 FY.lO I FYII FY'11 I FY'U $32<.000 S325,000 S325.000~ $32' 000 $32) 000 "00 ~ "00= "OOf' 00 0001 "OO,~ --.J___jJ _ =- -- ------~ L--.J _I I S30~OOO -- - -- - -- - __ =---...J S40.000f- ---.s:J5.:000 __ ____ __._ $60.000 S50.o00 $IJ5.000 SIOO,OOO ---- --'--~--- $60.000 Projt'ct T ofals S2.275 ,000 $665,000 $220.000 $7).000 $20.000 $60.000 '" _ $I(j().f'!lO $60.000 $100.000 $245,000 $100.000 $60.000 ELECTRIC . .l:!!staJl New SeJvi..:es --\: Transfl)nUerS ~;ound.~I(ctnc Utility Line Installation - Variow. Locahl)1lS 1- EIlclo~e Open EqUIpment Bl~lg al Servi(c ('cIlkJ [ L1StaJl Undergn,ulid Feeder Litle to \Vater Tn:atmenl Plant ~nd H\)s:h:r Dam ! llpgrade Bu",iIlC5$ District Fcedcr Line. Helman Stred I llndeqpl)llnd Utility L~Tle~. Oak Knoll Subdivision f~~_~triCalL-OaJ Shifting.~ ~ _n___ llpgrade Feeder Line. MOTion Street .~___ UndergT"Ollnd lltilitY,unes.. Grel':tUnc3do"vs SubdiviSIon __ ~_l1pgrade :t\'10lmt~~lAvenlle- ~,Ib~tati-l~;l L, ow Sid~ -Di.Shi~-tj~~ I llnder~round Uhhty Lmcs - Qmd Village Subdl\':l5'TOn I llmh::rgJound Oak St.reet TrallSlfllSSIOJl Lines III .11111,1 III Ill,! ,1111 .: III Irq 1:11'1'/ A:FN-; UU:COI\INfiTNICATIONS }'y'07 fY08 F\'09 YY'IO ~12, FYI3 I Projet." T ol..h S01.11 b \Vireless Bllildout $]5,000 $15.000 Cablc Modem Temunation System (C1'fTS) " $125,000 - - -~-- $125.000 I Routers $20,000 ---- $20.000 -.- - I Under.l!.round Machine S23,000 $23.000 Optical Time Domain Reflectometer (OIDR) S11,000 $11,000 ~i_stribubon and Cable Equipment Installation ,. $120,000 S120,000 $120,000 S120,000 S120,000 $] 20,000 $120.000 $840,000 L UndergrolUl(1 Telecommunication Lines Installat.ion - VaJious Locations $25,000 $25,000 $25,000 $25.000 S25 .000 $25.000 S]50.000 Network Refresh S10,000 SIO,OOO $10,000 S10,000 $I 0.000 $10,000 $10 ,000 S70.000 Fiber to the Premise (FTTP) 150.000 S50,000 $50,000 $75.000 S75.000 $75.000 S75.000 S450.000 WiMa:x Deployment SIOO,OOO SIOO,OOO SIO,OOO $10.000 $10,000 $10.000 $240.000 -. Subtotal AFN I T ~Je('onumudcations $374,000 $305,000 $305,000 S240,000 $240,000 $240,000 $240 000 $1.944.000 l' Subtotal T eclUlol . I FY07 S75,000 S25 000 $1 0,000 $50,000 S60 000 $220,000 , III FY08 FY09 FYIO F\'Il FYI2 S75,000 $75.000 $75,000 S75,000 S75,000 $25,000 $25,000 S25,000 S25.000 S25.000 $10,000 $10,000 $10,000 $10,000 $]0.000 S50,000 $50.000 ADMlNISTRATION c;tv F acilitie. 1'\'07 FY08 1'\'09 FYI0 FYII FYI2 FY13 Proiect Total. City Facility Upgrades & Maintenance $100,000 SIOO,OOO $100,000 SIOO,OOO $125,000 $125.000 $125.000 $775,000 Facilities Plannine;, Space Needs Analvsis and Fundina: Options $75,000 $75,000 Police Parkim~ Lot ExpaJlsion S85,000 $85,000 Council Chamber's improvements $300,000 $300.000 Archive Buildin~ Constmction SIOO,OOO $1,400,000 SI 500,000 Police Department Building: Imorovemcnls S200 000 $550000 $750000 Fire Station No.2 Reconstruction S50,000 $2,500,000 $2,550,000 S5,100,OOO Lomr: Ternl Facilities RepJacement SI,OOO,OOO $750,000 $1 750,000 City Facilities Upe.rades - based on a Facilities Plan S400,000 $400,000 $800,000 I II I 1'1 I 11 11,1 I I III III III PARKS & RECREATION FY07 FY08 1'\'09 FYIO FYIl FYI2 I FYI3 Project Total. Open Space Acquistion,' Park Develooment $200,000 $200,000 S200,000 S200,000 $200,000 $200,000 $200,000 $1,400,000 N. Main and Scenic Park Development S75,000 $75,000 $75.000 $225,000 V O(!eI Park Development SIOO,OOO SIOO 000 $75,000 S75,000 $350,000 CalJe Guanajuato Improvements S75,000 $75,000 Ice Rink Cover Replacements and Improvements $200,000 $50,000 $250,000 Oak Knoll Irril!ation Replacement S250,OOO S250,000 $500,000 . I 1 I I 1 'III I 111 " IIIII II II IIII $465,000 $410,000 $400,000 $350,000 $460,000 $3,094, $160,000 S60,000 S170,000 $160,000 FY13 $75,000 $25,000 $10.000 $50,000 $60 000 $220,000 Project Totals S525.000 SI75.000 $70.000 $200.000 $180000 $I,ISO,OOO I Desktl..)p and La top PlaJUled Replacement (15% Arumally) Printer Planned Replacement ~enicr Planned Replacement S Spatial Database Engine J.~la'ol" Software Pw-..:hases . I $UO,ooo 11-1 $110,000 TOTAL CIF O\CER n~IE G:\pub.wrks\admin\Budget\FY07 CIP Dec06\CC SS CIP Discussion 04Dec06.doc Page 10 of 14 r:., Update on Current CIP Projects: ~ o:l '" >- c ;; "g ~ u ~ E = t;; '" c 8 0 ~ u o l- :.. 0 0..' 8 ~ ... 0 _ N o:l~ :l:r---. 0..0 o:l >- U~ ~ ~, ] ~~ :;~ i! e .. Q. ..;;g g -g - ~ .~ ~ "'0 ~ "; .::.- ~~ o o - ~ 0 ~ tII ori ~ .g ~ <:, ! ." ~ ~ ~~ . ~ u re If; ~' ~ " ~ b ~ " ~ ~ 2 is '" f- !=: g ~ o :?, .,; u p .~ g u B ~, c gj o o co ~ ~ ;;; >. ~ ~ "" 'iO ." a :;: ~ ~ ~ ci .c Q. ~ ~ "" c=i:i5 0." ~~ ....c o ~ ~'€ L f-<Z " re '" '" 0 o - o ~ ~ ~ ~ .. .c ~ .~ 1;' ~ --::J - .~ ~ .~, .... .z'~ ~ :2 0 ~wv ." '" .i'~ ~ .:: ~ ~ a ':.fj Q ~ 5 ~ ~ 5j~ ;u ....;.:: d..:.l: .~ ~ ~ ~ ~ - ~ .to -g ~ ~ p ;:;: CE .l1:-;:1 ~ ~ ll~; ~ ..,... ::r: '- r.8 G cc'-8~5~ ~ S ~; ~ .2 u..i liJ,~ u ~ '" >2 <5 ,': ~ ~' ~ ~ ~ " .~ J;i :3 co o G: o '- l' ." ? ~.~ ~ 8 ~ c: t1.! u ~~:S2 s ~ ~ ~ g ~ ~ \-. i;i _. 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E-mail: tuneberf@ashland.or.us Secondary Staff Contact: NA E-mail: Estimated Time: 45 minutes Staff Recommendation: Staff recommends Council either approve the attached resolution, re-establishing current allocations of transient occupancy tax revenues or change the allocations to begin the grant process for the 2007-2008 fiscal year. Statement: Goals and allocation of revenue is currently identified in Resolution 2004-32, which was passed in September 2004 with a sunset clause for the second paraqraph of Section 3 after three years. Effectively, the budget process for FY 2007-2008 requires direction in how funds will be allocated in general, and specifically on how much is to be granted to the Chamber of Commerce and Oregon Shakespeare Festival, and for what purposes. At the February 6, 2007, meeting Council asked staff to bring back additional information on changes to the existing resolution in regards to goals for the tax revenue and allocations to the Chamber of Commerce, Oregon Shakespeare Festival and small grantees. As directed on February 6, staff will bring back a separate item within two months to allow Council consideration of raising the TOT rate. Council was reluctant to change the tax rate unless there was a plan for how the money would be used and still remain compliant with state guidelines. An increase in the tax rate will require a new ordinance to make that change. Background: Attached are the Council Communications from the study session on October 12, 2006, and Council meeting on February 6, 2007, which provide historical and financial information of this tax revenue and the granting process and history. City Council, grant applicants and the Budget Committee have asked for clarification over time and this is an opportunity to consider how tax revenue is allocated and what outcomes are desired. If Council wishes to increase the current tax rate of 7%, an ordinance process would need to be followed because Ordinance 2674 does not provide for changes to the rate by resolution. In February staff suggested the following expanded goals to assist in identifying what is meant in promotion in the three expenditure categories: r~' Tourism: · Attract someone who travels to Ashland from more than 50 miles away to attend an event · Attract someone who stays the night in Ashland to attend an event Economic Development · Promote increased number, variety and size of employers · Encourage wages at or above median wage · Promote businesses that employ 5 to 100 people or is locally owned · Encourage use of local resources · Work with Southern Oregon University, especially for international commerce · Discourage businesses that need water, that emit air pollution, or that create toxic waste Cultural Development Proposed · Increase the number, variety and size of cultural opportunities in Ashland · Support diversification of the local economy · Showcases local talent · Work with Southern Oregon University on cultural programs Attached is a draft resolution that incorporates the above changes and maintains the allocation of budgeted revenue each fiscal year as follows: General Fund general revenues General Fund E&C Grants: With and and and 66.7% of anticipated revenues 33.3% of anticipated revenues A set dollar amount to OSF for tourism A set dollar amount to Chamber of Commerce (CoC) for tourism A set dollar amount to CoC for Economic Development The remainder of the 33.3% being given to specific programs as applied for per the resolution Additionally, staff attempted to be more specific on the use of grant funds in the Ashland Community and strengthened reporting requirements. Staff recommends Council increase the minimum amount to be granted from $1,000 to $2,500. Reporting is relaxed for that size of grant if the purpose for the money was not a Tourism requirement. No report would be required under those conditions unless the applicant was asking for money in a following year. In effect, this means a one-time, non-tourism grant applicant for a small amount will not have to report and staff will not have to maintain the files. The above numbers and percentages are calculated and adjusted per the resolution in accordance with the State of Oregon Chapter 818. Council has already directed staff to change grant applications and final reports to be more specific on their requests for tourism grants and qualifying uses to ensure sufficient documentation is maintained to prove compliance with Chapter 818 and the state definition of tourism. A worksheet is provided for Council Members to develop their own strategies on allocating the grant portion of the revenue generated by the 7% tax to facilitate preparation for the meeting. The form identifies the target amount to grant using 1/3 of the budgeted revenue as in the past and 14.23% for tourism as determined in 2004. ~~, ALTERNATIVE: If Council so chooses, the above allocations and goals that are based upon prior resolutions could be changed, however, use of TOT revenues for tourism must be maintained at the appropriate levels established in 2004. The estimated amount to be spent on tourism in FY 2007-2008 is $218,715 (given an average of 4% increase in TOT revenues). A "blank" resolution form is provided. Spaces have been inserted into the resolution for Council Members to consider other amounts and to identify how allocated amounts could change between years where the City has discretion. (For example, do allocations to OSF and Chamber change, increase/decrease by inflation or growth/reduction of the budgeted tax revenue on an annual basis?) TAX INCREASE Staff is still working on a proposal for how additional revenue raised by a TOT rate increase would be allocated. Research shows that some communities use money to pay for a local conference center (Seaside is an example) while others may leave that to a county, a private coalition or joint governmental effort. If Council should raise the tax rate, 70% of the additional TOT revenue generated must also go toward tourism as defined in the attachments but some of the new money may go toward supporting a convention center in Ashland, leaving 30% of the new money for discretionary purposes. In doing so, Council could identify targets or outcomes of the increased revenue outside of the historical allocations identified above. Examples are using the additional 70% to promote tourism during the "shoulder season (October-November and January-April) and the discretionary 30% could be used for programs such as helping to retire AFN debt, offsetting shortfalls in Community Development revenues that are construction permit reliant or to assist with funding the library or other specific services. The target to spend on tourism would be approximately $372,415 in FY 2007-2008 if the tax is raised to 8%. The target to spend on tourism at 9% tax rate would be approximately $526,115. Council Options: Council can: 1. Approve the attached resolution, repealing 2004-32 but keeping the allocations the same. 2. Approve the attached resolution with changes in goals and/or allocations per discussion. 3. Direct staff to bring to a future Council meeting a revised resolution that addresses items discussed in this meeting, which may be done in conjunction with an ordinance increasing the tax rate. Potential Motions: 1. Council moves to accept the staff recommendation, approving the resolution as presented. 2. Council moves to approve the resolution as amended. 3. Council directs staff to bring back a different resolution or ordinance changing the terms or tax rate. Attachments: Resolution Resolution draft (with blanks) TOT Grant Allocation Worksheet Economic and Cultural Grant Allocation with Tourism Calculation - FY 2008 Council Communication - February 6,2007, meeting Council Communication - October 12, 2006, study session ~~, RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2004-32 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City Council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Budget Committee is attempting to meet by granting money to applicants for: a) Tourism Promotion: 1. Attract someone who travels to Ashland from more than 50 miles away to attend an event. 2. Attract someone who stays the night in Ashland to attend an event. b) Economic Development: 1. Promote increased number, variety and size of employers. 2. Encourage wages at or above median wage. 3. Promote businesses that employ 5 to 100 people or is locally owned. 4. Encourage use of local resources. 5. Work with Southern Oregon University, especially for international commerce. 6. Discourage businesses that need water, that emit air pollution, or that create toxic waste. c) Cultural Development: 1. Increase the number, variety and size of cultural opportunities in Ashland 2. Support diversification of the local economy 3. Showcases local talent 4. Work with Southern Oregon University on cultural programs SECTION 3. Beginning in Fiscal Year 2007/2008, the City Council will appropriate thirty-three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The minimum amount to be spent on tourism in FY 1- 2007 TOT Expenditure Resolution Repealing 2004-32 2007-2008 is $218,715. The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $85,330 and $116,700, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $169,740, adjusted each year by the amount of inflation or deflation (increase or decrease in budgeted TOT revenue) established in the Budget process, will be granted annually to COC for economic development projects in cooperation with City staff. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process specifically for that purpose. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categories set forth in Section 2 of this Resolution. By January 31 of each year each recipient of a grant greater than $2,500 for non- tourism programs or any amount specifically intended for tourism per this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. Grant recipients of $2,500 or less for non-tourism programs are required to report its use only when requesting additional money in a subsequent year. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $2,500. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. Monies granted are intended to be used for programs or service performed or provided within the City of Ashland or immediate areas. SECTION 5. Resolution 2004-32 is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code S2.04.090 duly PASSED and ADOPTED this day of , 2007. Barbara Christensen, City Recorder 2- 2007 TOT Expenditure Resolution Repealing 2004-32 SIGNED and APPROVED this _ day of ,2007. Reviewed as to form: John W. Morrison, Mayor Michael W. Frane", City Attorney 3- 2007 TOT Expenditure Resolution Repealing 2004-32 RESOLUTION NO. 2004- b2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND-CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2004-11 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the HotellMotel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: 1) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty- three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July J, 2003, $186,657 or 14.23% of total HotellMotel tax revenues were expended on tourism promotion, as defined in Chapter 8] 8 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (COe) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $160,000, adjusted each year by the amount of inflation or deflation established in the Budget process, will be granted annually to COC for economic development projects in cooperation with City staff The allocations in this paragraph shall sunset after three years. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categories set forth in Section 2 of this Resolution. TOT Resolution 9/07/04 page 1 of2 By January 3] of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SE(:'TION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 50] (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $] ,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply for and receive funds. SECTION 5. Resolution 2004-] I is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly ~(.s.t- ~~ PAA::'TEI~2004 . Barbara Christensen, City Recorder fI-./ ~'l!f ~ SIGNED and APPROVED this~day ~ 2004: ./ ~:~~ Alan DeBoer, Mayor TOT Resolution 9/07/04 page 2 of 2 RESOLUTION NO. 20()j'- . DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE DE-MONIES FOR ECONOMICAND CUUURAL- DEVELOPMENT TO THE HOTEUMOTEL(Transient fi)ccupanty) TAX AND REPEALING RESOLUTION 2004-32 THE CITY OF ASHLAND RESOLVES AS FOllOWS: ~mCTI01'4.1.That the City COLlnoil recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SIECTION 2. The following are the goals which the Budget Committee is attempting to meet by grantin~ money to applicants for: a) Tourism Promotion: 1. Attract someone who travels to Ashland from more than 50 miles away to attend an event. 2. Attract sOmeone who$tays the night in Ashland to attend an event. b) Economic Development: 1. Pro increased number, variety and size of employers. 2. En e wages at or above median w 3. Pro. usinesses that employ 5 to 10 people or is locally owned. 4. Enoourage use of local resources. 5. Work with Southern Oregon University, especially for international commerce. 6. Discourage businesses that need water, that emit air pollution, or that create toxic waste. c) Cultural DeVelopment: 1. Increase the number, variety and size of cultural opportunities in Ashland 2. Support diversification of the local economy 3. S.how.cases 10ccHtalent 4.Workwith$outhern Oregon University on cultural pro~rams 01'43. . ning in Fisoal Year 2007/2008, the City Council will appropriate thirty-three and ird per nt (33.3%) of . nticipated Hotel/Motel tax monies for Economic and Itufc:d pment. T of Ashland has determined that as of July 1, 2003, $186,657 0 4.23% of tot tel/Motel tax revenues were expended on tourism promotion, as defined in C er 818 of the 2003 Oregon Laws, and will continue to be $' n tourism promotion i sed or decreased annually consistent with the estim ed TOT revenues budge The minimum amount to be spent on tourism in FY 1- 2007 Draft TOT Expenditure Resolution Repealing 2004-32 2007-2008 is $218,715. be allocated annually to Ashland Chamber of Commerce (COC) and re Festival (OSF) for promot . tourism the state definition shall am~t..Jflt of ...... i... ... .. ... i ..... . ...... . (inflation. ot deflation) itJcreas decrease in geteaiG>wrevenuel)~~tablished in the Buqget process. An a ional amount of , adjusteqeach year by the amount of (inflation or , increaSf;JQt decrease in budgeted TOT revenue) established ifltheBudget .~ess, Wi.ll~e granted annually to COC for economic development projects in OoperatiOflwith City staff. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, ~SF or other group during the budget process specifically for that purpose. The remajn~rQt..the monies budgeted for these grants may be allocated to grantees for acfitting in anYQf the three categories set forth in Section 2 of this Resolution. By January 31 of each year each recipient of a grant greater than$2,SOO for non- tourism programs or any amount specifically intended for tourism per this resolution shall submit a report to the city council setting forth how the grant funds received were ertherance of the goals set forth in Section 2. Grant recipients of $2,500 r non-tourism programs are required to report its use only when requesting additional money in a subsequent year. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. b) Grantee shall be a non-governmental agency. e shall promote livability for the citizens of Ashland. m grant proposal will be $2,500. . benefit Ashland in regards to enrichment and activities of an ure. erve the population in Ashland but . ncompass other venues in Monies granted are intende 0 be used'for programs or or provided within the City of Ashland or immediate areas. SECTIONS. Resolutiol(l 4004-32 is repealed upon passage of this.tesolution. This resolution takes effect upon signing by the mayor. 1"his resolution was read by title only in accordance with Ashland Municipal Code ~2.C>4.()9Pduly PASSED and ADOPTED this day of , 2007. 2- 2007 Draft TOT Expenditure Resolution Repealing 2004-32 Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of Reviewed as to form: Michael W. Franell, Attorney ,2007. John W. 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D m >< (ii' ~ :::l to Q) C/l (ii' -I o -i G) ... Q) :::l - ~ o o Q) !:!: o ::J :E o ... " Ul :r- CD - City of Ashland Economic and Cultural Grant Allocation --" -Wittriourism Catculation ------ 2008 Proposed Tourism Payment per month Hotel/Motel Tax Revenue (4% growth) $ 1,537,000 Per Resolution 2004-32 14.23% Minimum amount needed for Tourism $ 218.715 $ 218.715 1/3 of the proposed revenue $ 512,282 Additional Carryover from Prior Year' Total amount budgeted $ 512,282 Amount Allocated: Per Resolution 2004-32 (3% inflation) Chamber to promote tourism $ 82,845 $ 82,845 $ 6,904.00 Chamber for economic development 164,800 13.733.00 OSF to promote tourism 113,300 113,300 $ 9,441.67 $ 360,945 $ 196,145 $ 20,637 $ 9,441.67 Other Grants $ 151,337 $ 22,570 $ 218.715 , Please note that the City Council determined that any grant monies not awarded or returned from a grantee are rebudgeted for expenditure in the next fiscal year. CITY OF ASHLAND Council Communication Discussion of Transient Occupancy Tax Use Meeting Date: February 6, 2007 Department: Administrative Services Contributing Departments: NA Approval: Martha Bennett Primary Staff Contact: Lee T uneberg E-mail: tuneberl@ashland.or.us Secondary Staff Contact: NA E-mail: Estimated Time: 30 minutes Staff Requests: Staff requests Council provide direction on what changes are desired for the revenue generated by City of Ashland's Transient Occupancy Tax, the rate charged and the allocation of funds generated by the tax. Statement: At the November study session Council asked staff to bring back tentative goals for the use of Transient Occupancy Tax (TOT) revenues and potential options for changing the amount (rate) charged. Background: The City of Ashland has a 7% TOT tax rate. This revenue stream is sometimes referred to as a Hotel/Motel or Bed Tax. It is collected by hotels, motels, bed and breakfasts and hostels. In FY 2005-06 this tax generated $1,414,160 in revenue to the General Fund and was used as follows: Tourism Grants Economic Grants General Fund resources $205,197 $274,989 $933,974 Please note that the tourism amount and grant allocations are based upon the adopted budget and actual revenue will vary from that amount. In 2004 the State of Oregon passed legislation that restricted the use of these funds and established guidelines on what happens to any additional amount of revenue generated if the tax rate is raised. Basically, the city is required to spend a similar prorate share on tourism as was in place prior to 2004 and must dedicate 70% of any new revenue streams from an increased tax rate on tourism.. Resolution 2004-32 was adopted to deal with the new State laws. The resolution established what portion was dedicated toward tourism as defined by the State. The resolution also carried forward other goals established by the City for grants given to the Chamber of Commerce, Oregon Shakespeare Festival and smaller grantees relating to tourism and economic development. Attached is a list of grants provided in the recent past. Council asked for comparative information relating to the TOT rate in Ashland and other communities. Below is a comparison table of other city's Transient Occupancy Tax rates. ~~, City Rate Portland Bend Medford Astoria Grants Pass Klamath Falls Salem Seaside Roseburg Cannon Beach Eugene Springfield 11.5% 90% 9.0% 9.0% 9.0% 9.0% 9.0% 8.0% 8.0% 6.0% 4.5% 4.5% As can be seen, Ashland is less than most, falling between the rates charged by other tourist locales, Canon Beach and Seaside. It would appear that Eugene and Springfield are "deadlocked" at 4.5%, neither forcing tourists to stay in the other's boundaries simply through a higher tax rate. If Ashland were to raise its rate, each additional 1 % would generate over $151,000 to be spent on tourism per the State's definition and about $65,000 in revenue to be used for any other programs. The following table illustrates how an increase from a 7% tax to 8% would affect the estimated overall revenue, the amount required to go toward tourism and what additional amount would be generated for other use per ORS 305.824(5)(b). TOT Revenue Current 7% Increase to 8% Total $ 1,514,100 $ 216,186 $1,730,286 Portion of increase to Tourism (70%) Portion available for other uses (30%) 151,330 64,856 This means that 70% of the revenue generated by an increase ($151,330) will need to be added to the budgeted $215,456 already going toward tourism, of which the largest portion goes to the Chamber of Commerce for visitors and convention services. Approximately $65,000 would be generated for City services not tourism based. Goals included in the grant resolution have been similar in wording for many years but interpretation and application has shifted over time. Some Council members and budget Committee members have recalled unwritten goals to use the money as "seed" money to get small groups and/or new programs started. The resolution has provided money for ongoing programs including and beyond the work done by the Chamber and OSF. Many smaller grant applicants have received annual allocations per the attached table. Council requested staff provide potential changes to the resolution and goals to assist in determining how the City can best use funds generated, supporting tourism and economic development yet remaining compliant. More specific goals in the three categories will assist the awarding of grants to applicants and reporting by them on how the money was used. Examples of more specific goals are: Tourism: · Someone who travels to Ashland from more than 50 miles away to attend an event . Someone who stays the night in Ashland to attend an event ~~, Economic Development · Increase number, variety and size of employers · Wages at or above median wage · Employ 5 to 100 people or locally owned . Encourage local resources · Work with Southern Oregon University, especially for international · Discourage businesses that need water, that emit air pollution, or that create toxic waste Cultural Development Proposed · Increase number, variety and size of cultural opportunity · Support diversification of local economy . Showcase local talent . Work with Southern Oregon University Staff offers the following information to assist the discussion on what could be done different with the use of the funds providing additional monies for specific City programs: 1. Raise the tax by 1 % to 8% resulting in a total commitment to tourism expenditures of $366,786 ($215,456 + $151,330). 2. Allocate the same portion to Oregon Shakespeare Festival as currently provided which is approximately $112,200 3. Allocate the remainder of tourism dollars required ($366,786 - $112,200 = $254,586) to the Chamber of Commerce for Visitor Convention Bureau. 4. Allocate $150,000 to grantees for economic development or cultural development per applications to maintain a consistent total level of support. 5. Allocate $950,000 to General Fund as general revenues to maintain a consistent total level of support. 6. Allocate the remainder of total TOT revenues to go toward specific General Fund programs including other economic development work, AFN support or debt, social programs, etc. 2007 Allocation Proposed Allocation per Budget with 1 % increase New Dollar Allocated $1,514,100 $1,730,286 By Category Tourism Chamber of Commerce $ 82,845 $ 170,641 $ 253,486 Oregon Shakespeare Festival 113,300 113,300 Other Grantees 19,311 (19,311) Total $ 215,456 $ 151,330 $ 366,786 Economic and Cultural Development Chamber of Commerce $ 164,800 $ (164,800) $ Other Grantees 124,394 25,606 150,000 Total $ 289,194 $ (139,194) $ 150,000 General Fund Resources Non Specific $ 1,009,450 $ $ 1,009,450 Specific Programs 204,050 204,050 Total $ 1,009,450 $ 204,050 $ 1,213,500 ~., Council Options: Council can ask staff to: 1. Bring to Council a resolution that mirrors the existing 2004-32 for renewal. 2. Bring to a future Council meeting a revised resolution that addresses items discussed in this study session. 3. Work with identified individuals (Council members, staff or others) to create a new resolution that manages and/or allocates the TOT revenue collection and distribution differently per State guidelines and City goals. Potential Motions: 1, Council accepts staff recommendation as presented 2. Council amends recommendation 3. Council directs staff to bring back more information for discussion Attachments: Resolution 2004-32, 2004-11, 2000-25, 1998-02, and 1993-12 Economic and Cultural Development Grant Allocation with Tourism Calculation Small Grants Tourism Allocation Economic and Cultural Development Grant History ~~, City of Ashland Economic and Cultural Grant Allocation With Tourism Calculation 2007 Adopted Tourism Payment per month Hotel/Motel Tax Revenue (5% growth) $ 1,514,100 Per Resolution 2004-32 1423% Minimum amount needed for Tourism $ 215,456 $ 215,456 1/3 of the proposed revenue $ 504,650 Additional Carryover from Prior Year' 5,000 Total amount budgeted $ 509,650 Amount Allocated: Per Resolution 2004-32 (3% inflation) Chamber to promote tourism $ 82,845 $ 82,845 $ 6,904.00 Chamber for economic development 164,800 13,733.00 OSF to promote tourism 113,300 113,300 $ 9,441.67 $ 360,945 $ 196,145 $ 20,637 $ 9,441.67 Other Grants $ 148,705 $ 19,311 $ 215,456 , Please note that the City Council determined that any grant monies not awarded or returned from a grantee are rebudgeted for expenditure in the next fiscal year. City of Ashland FY 2006-07 Economic and Cultural Development Grant Applicants Small Grants Tourism Allocation Adopted Tourism Allocated to Organization Requested Amount Amount Percentage Tourism Ashland Independent Film Festival $ 30,000 $ 16,000 $ 20,000 0.67 10,667 Rogue Valley Symphony 14,750 8,000 1,622 0.11 880 Nuwandart 5,500 1,500 1,100 0.20 300 Ashland Gallery Association 33,200 16,000 19,400 0.58 9,349 Community Works 10,000 2,500 0.00 St. Clair Productions 6,000 4,000 2,400 0.40 1,600 Arts Council 12,500 5,000 7,500 0.60 3,000 Multi Cultural Association 10,000 10,000 0.00 The Jefferson Center for Religion 10,000 7,000 0.70 Lithia Arts Guild 15,431 9,000 3,086 0.20 1,800 Youth Symphony of Southern Oregon 5,500 5,000 0.00 Second Street Musicians 3,250 2,000 0.62 Dancing People Company 7,000 700 0.10 ScienceWorks 20,303 16,000 5,076 0.25 4,000 Konaway Nika Tillicum 5,000 5,000 2,500 0.50 2,500 Chautauqua Poets & Writers Board 5,000 5,000 0.00 SOWAC 8,000 8,000 0.00 Thrive 11,000 11,000 1,100 0.10 1,100 Children's Musical Theatre of Ashland 25,000 625 0.03 ArtNow 1,500 1,205 300 0.20 241 Rogue Opera 12,000 7,000 0.00 S. Oregon Repertory Singers 7,500 2,500 4,100 0.55 1,367 Peace House 9,766 0.00 Oregon Stage Works 51,000 5,000 20,400 0.40 2,000 Siskiyou Singers 7,000 5,000 300 0.04 214 Ballet Rogue 10,000 6,000 5,000 0.50 3,000 $ 336,200 $ 148,705 $ 98,909 38,804 Amount Available $ 148,705 Tourism Minimum $ 19,311 3/1/2007 ~ .l3 .!!! :I: C l'Cl is c "t:l '" :; E :cD. ~~ '0 ~ ~~ o.a :; (,) <J 'E o c: o <J W ..... "C <> .. . "C to ~ <> '" >- ;t u.c( to"C<=> <> '" <=> ';'"E! <:) Omu-) >-;t- u.c( on "C <> .. . "C ... ~ <> '" >- ;t u.c( <=> ... "C <=> <> '" co M 'E N <> l'Cl >- ;t u.c( <=> M"C <=> o CU 0_ N'E <> '" >- ;t u.c( '" "C <> .. . "C ~ ~ <> '" >- ;t u.c( ~ "C <> '" . "C <> ~ <> '" >- ;t u.c( <> "C <> '" ~"E en '" >- ;t u.c( en "C en '" cOt! en l'Cl >- ;t u.c( ... "C en .. "':'"E en '" >- ;t u.c( .. E '" z E E '" E! "- "C c: '" ,., u c .. 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'" CITY OF ASHLAND Council Communication Study Session - Goals for Transient Occupancy Tax Use Meeting Date: October 12, 2006 Department: Administrative Services Contributing Departments: NA Approval: Martha Bennett Primary Staff Contact: Lee Tuneberg E-mail: tuneberl@ashland.or.us Secondary Staff Contact: NA E-mail: Estimated Time: 60 minutes Staff Requests: Staff requests that Council discuss what outcomes are desired from the use of the General Fund revenue generated by the Transient Occupancy Tax (TOT) in conjunction with State requirements and the needs of the City. Statement: This is a study session. The discussion should provide a better understanding for Council and staff on the history of this tax, and its uses, and may be the basis for subsequent changes in the tax or the City's goal(s) in the use of the revenue generated. In the past there has been significant discussion by Council and the Budget Committee regarding the use of the TOT revenue and the grant process for distributing the funding. Suggestions range from additional changes on how much is awarded to whom, better criteria for awarding grants to applicants, different requirements for applying and different reporting requirements needed for the use of granted monies. More specifically, areas of concern have included: 1. How much do we get each year? 2. What percent of TOT revenue does Council want to go to the General Fund and what percent go toward economic development and visitors and convention services (per state statute the minimum to be spent on tourism in FY 2006-07 is $215,456)? 3. How could we increase funding for visitor services or economic development? 4. What other activities should or could the City fund with these revenues? 5. Can we raise the TOT rate above 7%? What happens to the added revenue? 6. How can we give better direction to the budget committee in awarding grants? 7. Should CoC and OSF do an annual application for the amount they need for that year's activities or should they each receive a fixed amount? 8. Should someone or group other than the budget committee award the grants? 9. How do we ensure that the money granted is used as intended and effectively? 10. Should we do two year grant awards like the City does for social grants? 11. Should we have a more streamlined application process and/or reporting for very small grants (ie - under $2,500)? ~., 12. Do we have particular goals for visitors services that would change the application process? This may not be a comprehensive list. Background: The Transient Occupancy Tax (TOT) was first passed by Ordinance #1907 in 1977. The Ordinance states that each transient who rents a room, house, or similar structure for less than 30 days will be charged a 7% tax on the room rate. Each establishment is allowed to retain 5% of those taxes collected for administering the tax and the remainder goes to the City's General Fund. It is estimated that in FY 2006-2007, the operator(s) will receive almost $79,000 in total for collecting the tax, and the General Fund will receive $1.5 million in TOT funds. Currently, there are six establishments that report monthly and sixty-six that report quarterly. It is estimated the staff spends one hour per quarter on collections. The City allocates the TOT revenue generated by the ordinance in the General Fund The latest Resolution is 2004-32 and it was adopted on September 21, 2004, effective for FY 2004-2005. The provisions of the resolution sunset three years from adoption (September 21,2007, and FY 2006-2007) and thus a replacement resolution will need to be implemented this year in preparation for the FY 2007-2008 budget. Below is a table that shows siqnificant chanqes in the qrant process over the years. There have been some clarifying or correcting resolutions in between those presented but they are immaterial to this discussion. Action #93-12 Increase in #98-02 60% to COC #2004-11 Comply #2004-32 Include Grant Amount & 28% to OSF with ORS Tourism Arts Commission Awarded by: Application Per resolution Per resolution Per resolution Grant Award coe Per Application $156,000 $240,432 $240,432 (same year) Grant Award OSF Per Application $72,800 $110,000 $110,000 Basis for Increase General Fund Hotel/Motel Tax Inflation/Deflation Inflation/Deflation Revenue Growth Revenue Growth Grant Report Not specified Next FY - Jan. 31 Next FY - Jan. 31 Next FY - Jan. 31 The allocation of the TOT revenue per the resolution for FY 2006-2007 and calculation of the tourism amount per the state definition is attached. Please note that in every process many grantees and budget subcommittee members have struggled with several issues. Followinq is a list of issues relatinq to most of the applicants: A. The resolution guidelines are general in nature to allow creativity but that can also lead to confusion when evaluating and comparing applications, their perceived benefit and the appropriate amount to grant. B. The subcommittee may be asked to grant to an applicant for a worthy activity who has only a preliminary approval letter from the IRS. C. The application, award and subsequent reporting processes may be discouraging to grant applicants requesting small amounts. A significant recent change has been r~' requiring the 501 (c) applicant to provide their most current 990 report to the IRS regardless of how small the City's grant may be, especially when compared to the applicant's other revenue streams. D. The City could be spending more money administering and pursuing information on small amounts granted to a one-time event than the amount awarded to the applicant. E. The state requirement for tourism is benchmarked on "spending." Measures on the effectiveness of spending may be difficult to quantify, especially for smaller activities. Single event grants are somewhat easier for reporting as long as the event happens early in the Fiscal Year (FY) such as July - February. For ongoing activities (Chamber, OSF, and many small amount applicants) and those that happen after the new application process has started, there are added problems as listed below: A. Chamber and OSF were exempted from the annual application process with Resolution #98-02 which has caused concern with the contract award process regarding what the community is getting for the amount awarded. B. A repeat grantee could be applying for a second year grant before completing the prior year's activities. C. In many cases, a second year grant will have to be awarded (if approved during the budget process) before the first year's report can be generated. D. A grantee's first year activity may not relate to a second year activity, thus success or failure on a previous awarded activity may not be a good indicator of a subsequent grant's potential success. There is considerable interest in dealing with these issues. Changes in the processes for applying, awarding, utilization or reporting can be significant and may require an appropriate lead time for compliance. At best it will require input from participants and the public that may not fit well if held to the budget or contract approval process. A process to change the resolution will need to begin early enough to be completed in time for revisions to the grant application, directions and forms that are done in February. This would help to make the FY 2007 -2008 grant and budget schedule smoother. The amount received in the General Fund is allocated by current Resolution 2004-32 that states the City Council will appropriate thirty three and one third percent of the anticipated Transient Occupancy Tax monies for Economic and Cultural Development with the remaining sixty six and two thirds percent allocated to the General Fund to fund Police, Fire and Community Development costs. A change in the allocation guidelines established in the current resolution will impact operations and funding of General Fund services. Reducing the portion that goes for general support will require additional reliance on other revenue streams such as property taxes in the General Fund departments. An example of such an impact for FY 2006-2007 follows. ~~, TOT Revenue Portion to General Fund TOT Percentage of Total Revenue to the General Fund 2007 Adopted Current 7% $ 1,514,100 1,009,450 6% Portion to Grantees 504,650 Property Tax Rate Permanent Rate Limit Unlevied Portion available 3.9747 4.2865 0.3118 Tax rate increase to maintain $1 million for General Fund costs 0.5920 Rate shortfall Revenue shortfall $ 0.2802 477,000 Property taxes alone will not be sufficient to maintain the General Fund at the approximate $1 million level the TOT funds have provided in the past. A significant portion of the revenues generated by the TOT continues as a need in the General Fund. Related City Policies: The TOT could be increased to provide additional revenue to be dedicated towards tourism. In FY 2003-2004, the following revised statute was passed regarding TOT. ORS.305.824 ~11 (3) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism-related facilities on or after July 2, 2003. (5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net revenue from the new or increased tax.... is used consistently with subsection (6) of this section to: (a) Fund tourism promotion or tourism related facilities; (b) Fund city or county services; or (c) Finance or refinance the debt of tourism-related facilities.... (6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes described in subsection (5) (a) or (c) of this section. No more than 30 percent of net revenue from a new or increased local transient lodging tax may be used for the purpose described in subsection (5) (b) of this section. (7) 'Tourism promotion' means any of the following activities: (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists; (b) Conducting strategic planning and research necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designed to attract tourists. (9) 'Tourism-related facility': (a) Means a conference center, convention center or visitor information center; and (b) Means other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. Tourism is defined as someone who travels 50 miles or more or who spends the night in Ashland to attend an event. r~' The following table illustrates how an increase from a 7% tax to 8% would affect the amount required to go toward tourism and what additional amount would be generated for other use per ORS 305.824(5)(b). Current 7% Increase to 8% Total TOT Revenue $ 1,514,100 $ 216,186 $1,730,286 Portion of increase to Tourism (70%) 151,330 Portion of increase to Economic Development (30%) 64,856 This means that 70% of the revenue generated by an increase ($151,330) will need to be added to the amount already going toward tourism ($235,000), of which the largest portion goes to CofC for visitors and convention services. Only $64,856 would be generated for City services not tourism based. Staff is asking for direction to set up the budget and granting process for the coming year(s). Does Council want to: 1. Change the percentage of TOT that goes to VCB, economic development or other grants? 2. Increase funding for VCB or economic development by increasing the TOT rate? 3. Require CoC or OSF to apply for grant monies like other grant applicants? 4. Set a fixed allocation for CoC or OSF? 5. Change or set specific criteria or goals for the grants as in previous resolutions? 6. Allow for a multi-year allocation? 7. Make the application and reporting process easier for the little grants? 8. Change how the applications are reviewed ( and how allocations are made)? Council Options: Council can ask staff to: 1. Bring to Council a resolution that mirrors the existing 2004-32 for renewal. 2. Bring to a future Council meeting a revised resolution that addresses items discussed in this study session. 3. Work with identified individuals (Council members, staff or others) to create a new resolution that manages and/or allocates the TOT revenue collection and distribution differently per State guidelines and City goals. Potential Motions: This is a study session so no formal decision can be made at this time. Attachments: Resolution 2004-32, 2004-11, 2000-25, 1998-02, and 1993-12 Economic and Cultural Development Grant Allocation with Tourism Calculation Small Grants Tourism Allocation Economic and Cultural Development Grant History ~.. ._~ RESOLUTION NO. 2004- ?::{L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2004-11 THE CITY OF ASHLAND RESOL VES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the HotellMotel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: ]) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty- three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July), 2003, $186,657 or 14.23% of total HotellMotel tax revenues were expended on tourism promotion, as defined in Chapter 8] 8 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $] ] 0,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $] 60,000, adjusted each year by the amount of inflation or deflation established in the Budget process, will be granted annually to COC for economic development projects in cooperation with City staff. The allocations in this paragraph shall sunset after three years. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categories set forth in Section 2 of this Resolution. TOT Resolution 9/07/04 page I of 2 By January 31 of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 50 I (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues ill the Rogue Valley. g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply for and receive funds. SEcn ON 5. Resolution 2004-1 I is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly ~(.s.t- ~~ PA~TED~2004 . Barbara Christensen, City Recorder flU M''l!f ~ SIGNED and APPROVED this~day ~ 2004: ./ ~/~~ Alan DeBoer, Mayor TOT Resolution 9/07/04 page 2 of2 ~ RESOLUTION NO. 2004- / J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2000-25 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion b) Economic Development by: 1) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty-three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July 1, 2003, $186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $110,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $160,000, adjusted each year by the amount of inflation or deflation established in the Budget 1- 2004 TOT final resolution process, will be granted annually to COC for economic development projects in cooperation with City staff. The allocations in this paragraph shall sunset after three years. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categories set forth in Section 2 of this Resolution. By January 31 of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $"1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. SECTION 5. Resolution 2000-25 is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accardar with ASh~ Municipal Code S2.0 " 90 duly PASS D and ADOPTED this day of. tty , 2004. J ~ arbara Christensen, City Recorder SIGNED and APPROVED this ~ day of IY) IJ 'r' ,2004. ~~~ R~ Paul Nolte, City Attorney 2- 2004 TOT final resolution Alan W. DeBoer, Mayor ~ ~ RESOLUTION NO. ~ -d.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 98-23. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City Council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. Beginning in Fiscal Year 2001/2002, the City Council will appropriate thirty three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. Sixty percent (60%) of these funds will be allocated to the Ashland Chamber of Commerce; twenty eight percent (28%) will be allocated to the Oregon Shakespeare Festival; and twelve percent (12%) will be granted to local organizations which promote Economic and Cultural Development The anticipated budget for subsequent fiscal years shall be based on the previous year's actual receipts. Actual receipts which exceed the anticipated amounts will rema in in the General Fund. By January 31 of each year the Chamber of Commerce and the Shakespeare Festival shall make a report to the City Council regarding meeting the goals in Section 3. SECTION 3. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants. a) To respond to general inquiries about business in the City. b) To promote tourism. c) To provide assistance to existing small businesses. d) To provide technical and financial assistance for the expansion of existing businesses. e) To provide technical and financial assistance for the development of new businesses. f) To provide information and financial assistance to small cultural organizations to: 1) attract tourists with emphasis on the off-season; 2) create a greater diversity of cultural opportunities for our citizens. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants. a) Grantee shall be a 501(c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. G:\city-admin\admin\Administration\Reso-Hotel Motel tax 2000 e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. SECTION 5. Resolution 98-23 is repealed upon passage of this resolution. This resolution was read by title only in accordance with Ashland Municipal Code Sec. 2.04 90 duly PASSE a d ADOPTED this fl day o~~ooo arbara Christensen, City Recorder SIGNED and APPROVED this ~ day of ~ . 2000. ~~ Catherine M. Shaw, Mayor R~d as to form: Paul No te, City Att~rney G:\city-admin\admin\Administration\Reso-Hotel Motel tax 2000 RESOLUTION NO. 98- O~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 93-12. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the City Council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTIQN 2. That the City Council will appropriate thirty three and one-third perceQ-~ (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. Sixty percent (60%) of these funds will be allocated to the Ashland Chamber of Commerce; twenty eight percent (28%) will be allocated to the Oregon Shakespeare Festival; and twelve percent (12%) will be granted to local organizations which promote Economic and Cultural Development. Effective with the 1999-2000 Budget, and annually thereafter, the allocations to the Shakespeare Festival and the Chamber of Commerce shall be adjusted by an amount equal to their respective shares of the actual tax collection in the previous fiscal year. By January 31 of each year the Chamber of Commerce and the Shakespeare Festival shall make a report to a joint meeting of the City Council and the Budget Committee regarding meeting the goals in Section 3. SECTION 3. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by gr~nting money to applicants. a. To respond to general inquiries about business in the City b. To promote tourism c. To provide assistance to existing small businesses d. To provide technical and financial assistance for the expansion of existing businesses e. To provide technical and financial assistance for the development of new businesses f. To provide information and financial assistance to small cultural organizations to: 1) attract tourists with emphasis on the off-season; 2) create a greater diversity of cultural opportunities for our citizens SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants. a. Grantee shall be a 501 (c) non-profit agency b. Grantee shall be a non-governmental agency c. Grantee shall promote livability for the Citizens of Ashland d. The minimum grant proposal will be $1,000 e. The grant will benefit Ashland in regards to enrichment and activities of an economic nature f. Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley SECTION 4. Resolution 93-12 is repealed upon passage of this resolution. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this /7 day of ?~ ,1998. ~ (JL~ Barbara Christensen, City Recorder SIGNED and APPROVED this j)r' day of 1~~ ,1998. 4 / (/~~<------9~a~ Catherine M. Golden, Mayor Reviewed as to form: p~ Paul Nolte, City Attorney Revised: 02/13/98 (G:\budgel\economic\reso98) RESOLUTION NO. 93- / E.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, REITERATING ITS POLICY OF RELATING THE EXPENDITURES OF FUNDS FOR ECONOMIC DEVELOPMENT TO THE HOTEL/MOTEL (TRANSIENT OCCUPANCY) TAX. RECITALS: A. The maintenance and development of tourism is directly interrelated to the health of the entertainment, food, and lodging industries in Ashland. B. In 1979, a formula was implemented which allocated a percentage of the Hotel/Motel Tax revenues to promote and enhance tourism and other economic development strategies. C. The citizens Budget Committee and city Council have determined that funding for economic development activities should henceforth be tied to the annual growth or reduction of current general fund revenues. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. ' That the Council hereby restates its recognition that the source of funding for economic development activities continues to be the Hotel/Motel Tax. SECTION 2. That the Council is committed to maintaining its historic support for economic development activities as a whole, but cannot limit the citizens Budget Committee or future city Councils to specific appropriations for programs which have been funded in the past. The foregoing Resolution was READ by title only and DULY ADOPTED at a re9ular meeting of~~e c~:y Council of the City of Ashland on the &~ day of ~ ' 1993. ~t/7t~ Nan E / Frankl in City Recorder SIGNED and APPROVED this Jz-d day of ~J~~ Catherine M. Golde Mayor , ~ , 1993. AP~~ as to form: ~~ Paul Nolte city Attorney (d:\econdev . Res) ~ City of Ashland Economic and Cultural Grant Allocation With Tourism Calculation 2007 Adopted Tourism Payment per month Hotel/Motel Tax Revenue (5% growth) $ 1,514,100 Per Resolution 2004-32 14.23% Minimum amount needed for Tourism $ 215,456 $ 215,456 1/3 of the proposed revenue $ 504,650 Additional Carryover from Prior Year* 5,000 Total amount budgeted $ 509,650 Amount Allocated: Per Resolution 2004-32 (3% inflation) Chamber to promote tourism $ 82,845 $ 82,845 $ 6,90400 Chamber for economic development 164,800 13,733.00 OSF to promote tourism 113,300 113,300 $ 9,441.67 $ 360,945 $ 196,145 $ 20,637 $ 9,441.67 Other Grants $ 148,705 $ 19,311 $ 215,456 * Please note that the City Council determined that any grant monies not awarded or returned from a grantee are rebudgeted for expenditure in the next fiscal year. City of Ashland FY 2006-07 Economic and Cultural Development Grant Applicants Small Grants Tourism Allocation Adopted Tourism Allocated to Organization Requested Amount Amount Percentage Tourism Ashland Independent Film Festival $ 30,000 $ 16,000 $ 20,000 0.67 10,667 Rogue Valley Symphony 14,750 8,000 1,622 0.11 880 Nuwandart 5,500 1,500 1,100 0.20 300 Ashland Gallery Association 33,200 16,000 19,400 0.58 9,349 Community Works 10,000 2,500 0.00 SI. Clair Productions 6,000 4,000 2,400 OAO 1,600 Arts Council 12,500 5,000 7,500 0.60 3,000 Multi Cultural Association 10,000 10,000 0.00 The Jefferson Center for Religion 10,000 7,000 0.70 Lithia Arts Guild 15,431 9,000 3,086 0.20 1,800 Youth Symphony of Southern Oregon 5,500 5,000 0.00 Second Street Musicians 3,250 2,000 0.62 Dancing People Company 7,000 700 0.10 ScienceWorks 20,303 16,000 5,076 0.25 4,000 Konaway Nika Tillicum 5,000 5,000 2,500 0.50 2,500 Chautauqua Poets & Writers Board 5,000 5,000 0.00 SOWAC 8,000 8,000 0.00 Thrive 11,000 11 ,000 1,100 0.10 1,100 Children's Musical Theatre of Ashland 25,000 625 0.03 ArtNow 1,500 1,205 300 0.20 241 Rogue Opera 12,000 7,000 0.00 S. Oregon Repertory Singers 7,500 2,500 4,100 0.55 1,367 Peace House 9,766 0.00 Oregon Stage Works 51,000 5,000 20,400 OAO 2,000 Siskiyou Singers 7,000 5,000 300 0.04 214 Ballet Rogue 10,000 6,000 5,000 0.50 3,000 $ 336,200 $ 148,705 $ 98,909 38,804 Amount Available $ 148,705 Tourism Minimum $ 19,311 2/1/2007 c -g Q) ..!!! E ~ g- "'0; <( > o~ i<;;; O~ => U u 'E o c: o u UJ .... "C o Q) . "C '" ~ o '" >- ~ "-<( <.D"'O b OQ)O ~"E ~ >-~*A "-<( .... "C o Q) . "C .... ~ o '" >- ~ "-<( o .... "C 0 o Q) '" M"E0J o '" >- ~ "-<( o M "C 0 o Q) O. N"E o '" >- ~ "-<( ~ .B .!!! :I: N "C '"' Q) :;"E >- ~ "-<( c '" t5 ~ "C o Q) . "C o ~ o '" >- ~ "-<( o "C o Q) . "C en ~ en '" >- ~ "-<( en "C en Q) . "C DO ~ en '" >- ~ u.<( DO "C en Q) . "C .... ~ en '" >- ~ u.<( '" CO ~ 8. 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'" ~ o >- o '" <D v' o '" o .... m en !;;; <=> 0 o 0 u:> <D = en v v v v <=> o a, 0:> a) co <=> <=> a, v a) co <=> o <.D, <D 0:> co o o <=> ~ N <=> <=> <=> c:i ~ o '" 00 c:i '" N <D a) ~ v <=> o 0, .... a) co o o o v a) co = U) v f::' co ,... a:i 00 N o o o c:i ~ o = co M ~ 0; C> "C ::J m "C Q) "C " Q) E <( "C Q) "C c: Q) 3 ... ~- o o 0_ .... ... .q ~ .... M :s g .... ,.: " ::J o E <( C> .~ C ~ Q) ~ ." . a. .... o on ~ o ;: o ~ .... <::> <::> N :s- o; I ~ Ci c E i o 00 a> a> Q) "C c: .~ Q) <r -0 '" -0 C 2 g w w :g .~ .D '= Q, g' .Q o z ~ "3 <.) ~ ] 1: 0; I ~ ~ ~ Ci > . o ~ "' <.) o w ~ 1 <.'J CITY OF ASHLAND Council Communication Proposed Revised Charter Language Meeting Date: March 6, 2007 Department: Legal Contributing Departments: Admini Approval: Martha Benne Primary Staff Contact: Michael W. Franell,L ~l/' E-mail: franellm@ashland.or.us '/ ' Secondary Staff Contact: E-mail: Estimated Time: 10 minutes Statement: The proposed revised charter language approved by the City Council at its February 20 meeting did have one effect that was not discussed before either the Charter Review Committee or the City Council. The proposed language did remove the absolute protection that previous charters have provided against the sale, lease or other disposal of the land contained within Lithia Park. While state law provides significant process to dispose of lands obtained for park purposes, the restriction is not absolute. Because that issue has not adequately been discussed or decided I am proposing to add back in verbatim the restrictive language contained within the existing charter. Since I am proposing to add back in that language, we will also need to add in the language permitting the lease to the Oregon Shakespeare Festival. Additionally, since we have removed the funding language for the parks and recreation department in the proposed revised charter, I have added a sentence in Section 48 (d) (the second sentence in that paragraph) which provides the City will provide for the continued management of the city parks. Council Options: Accept the proposed revisions to the proposed revised charter. Reject the proposed revisions and proceed with the language already approved. Choose to not proceed with submitting the proposed charter to the voters. Staff Recommendation: Staff recommends the Council approved the revisions to the language for the proposed revised charter. Potential Motions: I move the Council approve the revisions to the proposed revised charter. Attachments: Revised charter with proposed additions to the Parks language. r;., 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 ofthose 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 FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.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 meeti;qgs. Section 11,.,Meetings. The Council must meet at least once a month at a time and place designated bYljts rules, and may meet at other times in accordance with the rules. The Mayor and three Councilors or four Councilors is a quorum to conduct business, b 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 FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.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 lateraay-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. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 3 (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. (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 Cou . .atone meeting. (b) Any stantiveamendment to an order must be read aloud or made available in writing to the public at ~. meeting before the Council adopts the order. (c) After approval of an . er or other Council quasi-judicial decision, the vote of each member must be entered in the Council minutes. (d) After ap I 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. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 4 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. 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 nomi .tion must contain signatures of not fewer than 25 city-qualified electors. (d) electI() ouncil may prescribe by ordinance other procedures for the nomination and fpersons for city elective positions. Section 29. Terms. The term of an officer elected at a general election begins when the officer is sworrt in after the first of the next year immediately after the election, and continues until the ~$sor 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. City elective position becomes vacant: (a) Upon the incumbent's: (1) Death; (2) Adjudicated incompetence; or (3) Recall from the office. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 5 (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; (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 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 appro. the Council, and may audit City accounting records. (b) At th e ion 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. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 6 ( 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 a city offense; (4) Issue and compel obedience to subpoenas; (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. (f) 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 District 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 Tern. (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 c nt of the City Council must appoint and may remove the City Administrator. The pf City Admi ator shall be established by ordinance. e office of City Attorney is established as the Chief Legal ent. The Mayor with the consent of the City Council must appoint and may remove the City Attorney. The City 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. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 7 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 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 Departm~t1lw4ich is separate and distinct from the City Police Department. The employe f one department shall not be assigned to do the job functions of employees in the er department. harter amendment 1-4-86). Section 45. Property Transfer Tax. The Council may impose a property transfer tax or fee on property being sol4J)r transferred within the City only after receiving approval from the voters e City 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) 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 DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 8 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. (b) 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 comer 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 for use by the Oregon Shakespearean Festival Association for any ofthe 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. (c) 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 fourY' thereafter, two commissioners will be elected for four-year terms by position. The t6 mmissioners in office when this Charter is adopted are the terms for which they were elected. (d) 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 City shall provide for the continued management of the city parks. The Commission has...control and management of all park funds budgeted by the City and must expend thenljtidiciously 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. (e) The Park & Recreation 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. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 9 T. I 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 ofthe Charter. Section 57. TirneilofEffect. This Charter takes effect Julv L 2007. DRAFT NEW CITY CHARTER FILENAME \p G:\legal\Mike\Charter Review\Draft New City Charter 3-01-07 - finaL2.doc Page - 10 MEMO To: Ashland City Councilors From: Cate Hartzell March 1, 2007 I respectfully request a reconsideration of the February 20,2007 vote on the Draft Charter. This memo proposes changes to the Draft Charter to accompany those suggested by City Attorney Franell. These changes were prompted by: 1) my ongoing concern that despite a couple of discussions on language to protect the municipal water utility, we didn't accomplish what I heard many citizens asking for; and 2) by Mr. Bullock's presentations at the last couple of discussions of the Draft charter. It is my hope that after Councilors read through these suggestions they will share my interest in ensuring that the draft charter that is referred to voters is the product of thorough deliberation. I believe that is a higher goal than checking it off our worklist. I realize that inadvertently, Council has approved the draft twice. I am asking for a reconsideration of our approval because I believe that the following issues and proposed changes both correct unintended omissions and significantly improve the Draft Charter we will advance to citizens. I appreciate the time that the City Attorney took to talk about items 1-2, and the City Recorder's efforts to help me understand item 3 and the election timing. Relative to the election timeline, if we decide to make modifications in the language at our March 6th meeting, whatever ballot is changed would need to be included on the September election rather than May's because of notice requirements. Since changes being proposed by City Attorney Franell and I only affect the Draft Charter, the question/ballot about changing the form of government could continue on to the May election. There is some advantage to voting on this one first, in that the Draft Charter that voters would consider later would include whichever form of government they approved in May. I have attempted to keep this short, so feel free to contact me with any questions or comments. Item 1. WATER LANGUAGE Existing: 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. Issues: 1. The section lacks intent language that clearly articulates what the desired situation is and provides backup in any legal challenges that could occur because of something we don't address or anticipate. 2. Existing language prevents sale, but doesn't prevent outsourcing operations. 3. Existing language does not protect us against, for example a large water-bottling company paying the (disincentive) higher price on large consumption rates and thereby impacting the rest of the users reliant on a finite resource. Proposed: (additions are underlined) March 1, 2007 page 1 of4 Section 43. Protection of City Water. It is the intention of the City to provide water to residents with the primary goal of delivering efficient services, not producing ~rofit. 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 or in any other way transfer operation to any person or corporation for the purpose of supplying the residents of said City with water. Cit will not rovide a sin Ie rivate customer more than X allons/da of water without a vote of the people. Related Issues: I. Not including the same protection for the electric utility makes it vulnerable in the future. Mr. Franell agrees with this conclusion. The fact that the Charter revision specifically protects our water utility and does not include the same protection for our electric utility makes it more likely that a court would interpret that our intent was not to protect the electric utility. The City is one of 36 cities in the State that runs a municipal electric utility and BP A is no longer accepting municipal utility companies. This makes our operation significant. Citizens have invested millions of dollars in the electric utility; it serves the citizens and city purposes well. It makes sense to require the same Charter change process to dispose of the electric utility as the Draft Charter proposes doing for the water utility. Ann Seltzer reports (via Dick Wanderscheid) that the Charter Review Committee presumed that since the Electric utility wasn't included in the Charter, they shouldn't address it. 2. The Charter Review process did not include discussion ofthis electric utility issue, thus public input has not been obtained on it. Options: Option A: Include language protecting the electric utility in the section protecting the water utility and let citizens vote on it. Section 43. Protection of City Utilities. It is the intention ofthe City to provide utilities to residents with the goal of delivering efficient services, not producing profit. 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 or in any other way transfer operation to any person or corporation for the purpose of supplying the residents of said City with water. Cit will not rovide a sin Ie rivate customer more than X allons/da of water without a vote ofthe people. An and all infrastructure and su Cit for the u ose of su I in the residents thereof with electricit shall never be rented sold or otherwise disposed of; nor shall the City ever grant any franchise or in any other way transfer o eration to an erson or co oration for the u ose of su l.n the residents of said Cit with electricity. Option B: Create a separate ballot whereby citizens vote whether to protect the electric utility. or March I, 2007 page 2 of 4 o eration to an electricity. the residents of said Cit with Item 2. STATEMENT MODIFICATION It appears that we are required by law to clearly articulate the effect of changes proposed in the ballot. Given that the existing Charter and the Draft Charter are so different and are not easy to compare, we should be as clear as possible about the changes. City Attorney Franell said that the current Statement has room for another 20 words. City Attorney Franell confirmed Mr. Bullock's assertion that the Draft Charter does, in fact create the effect of a change in City Councilors setting their own salary or compensation. This effect is significant enough to warrant mention, but is not listed in the statement. I propose that we correct this by adding something like the underlined sentence. Existing: "... the proposed charter eliminates specific dollar amounts, such as City recorder, Municipal Judge, Mayor and Council salaries." The proposed charter states the City Council authorizes by ordinance Mayor and Council compensation. Ifthe Council agrees with other changes listed below, the remaining 20 words allowed in the statement would be used to include this and any other changes. Item 3. CITY RECORDER - Chapter VIII Other Elective Officers Issues: 1. Since the Charter Review Committee chose to maintain the City Recorder as an elective office, I assume they intended to protect its independence. The Draft removes salary language and requires Council to authorize compensation of Judge and Recorder through the Budget process. Without the existing charter's salary formula, the Recorder and Judge are required to negotiate their salary as part of their departmental budget with the City Administrator and Finance Director, thereby putting these elective offices on par with city departments. The Committee's Final Report White Paper on this topic (Appendix V, page 3) states, "Retaining the salary formula in the charter allows the recorder and the judge to be independent from the mayor and council. If the salaries were set by the budget committee, it would undermine the political independence of those two officials." (emphasis added) This change in the independence of these offices is an effect of the draft Charter that must be listed in the statement. 2. Draft Charter removes Recorder's responsibility for certifying the general levy. It is entirely unclear whether this change or any other implied by the Draft Charter mean that the Recorder's treasurer-type responsibilities are removed, (receipt of property taxes, court and liquor license fees, parks money, etc.). This question should be answered. 3. If the treasurer responsibilities are removed through the draft charter, then the existing check and balance between Recorder's office and Finance has been removed. That constitutes a significant change that must be listed in the Statement. (Council should be informed now ifthis necessitates additional Finance staff.) 4. Existing Charter provides a way for Council to declare Recorder's office vacant for inattention to duties, carelessness, or willful absence. Since it is an elective office with no minimum skill level required and has no one supervising it, it seems prudent to have a timelier means than a recall to replace a Recorder if necessary. The Charter Review Committee's Final Report (Appendix V, page 5) states, "If this (elective position) alternative is chosen, the committee March I, 2007 page 3 of 4 suggests retaining Art. VI, Section 1 outlining election of recorder, and Sections 3 and 4 on Vacancy and Absence of Recorder." This appears to have mistakenly been left out. 5. Draft states: "The recorder must attend all council meetings unless excused by the mayor or council." The intent is to have the City Council's clerk at its meetings. Draft Charter doesn't allow for a designee, nor does it define how formal or informal being excused must be (which could lead to problems). Proposed: 1. The question of whether the draft charter moves treasurer responsibilities and receipt of revenues to Finance or leaves them in Recorder's office needs to be answered. 2. Statement includes some language about additional effects: · Alters the independence of Recorder and Judge by changing salary level from formula in Charter to negotiation with City Administration and Budget Committee. · (potential) Removes existing check and balance on city revenue receipts 3. Existing Charter Article 6 - Recorder Section 3. Vacancy would be added back to draft charter 4. Draft Charter Chapter VIII, Section 33 (a) replaces "The recorder must attend all council meetings unless excused by the mayor or council" with "The recorder or their designee must attend all council meetings." Item 4. Additional Work noted I have not compiled each reference, but the Charter Review Committee recommended some further work and ordinances that may need to be revised or created. There may also be additional ordinances that Legal and Finance staff would advise us to have ready in the event that the Draft Charter is approved by voters. Since we anticipate a transition in the City Attorney's office during this Charter process, it seems advisable to ask City Attorney Franell to work with the City Recorder and Finance Director to create a list of potential changes and the relative level of urgency and timing on them. March I, 2007 page 4 of 4 R UTli N. MILLER PliILIP C. L^J~G, LC8W r~ ~ @ ~ 0 ill ~ ~f W JAN 2 9 200 7 ~ 758 D 6Lred A'ihland. Ore8on 975'20 ResIdence · 48'2-8659 Office/fCl'>; · 48'2-5387 E-mail · phIlipi.gmind.nd · ruLh@mindnd By January 28, 2007 FOR COUNCIL MEETING OF February 6, 2007 To: Mayor/City Council/City Administrator/City Attorney Re.: OSF Paving ("The Bricks!!) This presentation to Council is occasioned by two events: 1) The "non-event" of -::OSF doing nothing to cure the serious hazard on its "campus" despite many (broken) promise~:~, 2) The sad spectacle of watching several people slip and fall on OSF paving on tuesday, January 16th - the day of the heavy snowfall. The history with respect to Council is detailed in the attached mate~ial, which includes a presentation I made to Council on February 11, 2004, and supporting exhibits, attached. At the February 11, 2004 meeting, the then city attorney - Paul Nolte, averred that insofar as the lease agreement had a "hold h,annles~n clause, the City was not at financial risk. After close questioning by Council he admitted that the City could be sued by a patron injured on the bricks, since the City (Parks) owned the land, and we were the "deep pockets". Part of the history are my efforts to have OSF Cure this problem. At its March 2005 board meeting, OSF committed to fixing the bricks, which were illegal - as well as dangerous - frOm th~ beginning, I was personally reassured by a telephone conversation initiated by Hr Chuck Butler, immediate past-president of OSF, that with the end of the 2005 season, an architect/designer would be hired and the paving replaced/corrected. (See letter to Nancy Tait-3/14/05). The paving has never been corrected. We now approach a new OSF season with paving that has deteriorated even further after a hard winter. The record of this matter being brought to the attention of OSP management by their own staff, as well as myself, and to the Council, is ample. This is a disaster (compensatory and punitive damage lawsuit) waiting to happen. 0- -- -- ~... .-.__.._______.._~_. ~________~_ _______" __ .____..._"_ "__n_ City Council - re: OSF Paving - 1/28/07 - p. 2 We need to have a concern for citizens and visitors who may be seriously injured by the dangerous and deteriorating bricks. I have treated such people in my practice - and calls to 911 to "pick people up off the bricks" are matters of record. We secondarily need to protect citizens/taxpayers legally from what can incredibly exp n ive lawsuits. PHILIP C. ANG cc: Paul Nicholson, Executive Director OSF Robert Plain - DT attachments RUTH 1'\. 1'\ILLER PHILIP C. LANG. LCSW' ,- ~ .'.;J.J......,...::-.1--:.- 758 B Street . Ashland, OreE;on 97520 Residence 541 . 482-8659 Office/Fax 541 . 482-5387 February 11,2004 To: The Mayor and City Council Re: AMC Title 13.4.030 (Paving) Agenda Item at 2/17/04 Council Meeting I raised this issue at the 2/3/04 Council meeting in a four page presentation. A copy of that is attached as part of this expanded presentation. This submission covers the history, the violations previously cited, the failure of enforcement, and the legal issues involved. AMC TITLE 13.04.030, the governing law, is attached as Exhibit A. THE VIOLATIONS 1. Oregon Shakespeare Festival The existing "bricks" on the west side of Pioneer Street were installed With the building of the Bowmer Theater in 1970-1971, thus post-dating the adoption of the code in 1967. There is no definable 5' wide cement sidewalk as required by law; the bricks run from the edges of the various buildings to the curb. The building of the New Theater on the east side of Pioneer Street was appealed. One of the few concessions made, included in the "Findings of Fact and Conclusions of Law" (Condition #14, p.84) was inserted in response to the issue of the dangerous brick paving proposed for the new site as well. Condition #14 states in part that "all paving and reconstruction within the public right of way be done to the standards of the City of Ashland. . ." (Exhibit B) Nevertheless, the same bricks (as well as aggregate) were used. The paving in front of Carpenter Hall is aggregate. This was presumably put in after 1975 (and therefore post adoption ofthe Code) since OSF purchased the building for cash in that year. Philip C. Lang Page 1 2/11/2004 2. The City's Planning/Public Works Building The installation of four two-foot wide bands of glazed ceramic tile running from the building's edge to the curb is a blatant violation of Code. Since installation, the grout has failed, creating crevices and cracks that can catch heels, and the tiles themselves have cracked. Staff have front row views of slips and falls on the street from their office windows. 3. The DeBoer Residence on Vista Street The owner has copied the same wire-cut clay bricks used by OSF in his sidewalk at the front of the steps and extended the sidewalk in aggregate for many feet on either side of the bricks. THE LEGAL ISSUES AMC Title 13.04.030 sets forth paving specifications and standards @xhibit A). It is clear that the pavement must be made of Portland cement and conform to stated dimensions and locations. The word "shall" is used with reference to both construction and location. AMC Title 1.04.010 provides definitions of terms used in the Code. Sections H. states "must and shall are each mandatory". @xhibit C) It is clear and absolute that such materials as aggregates, bricks, or ceramic tiles, substituted at the 9iscretion of the Planning or Public Works departments or the property owner are prohibited. The primary legal issue, then, is the enforcement of a clear and mandatory statute in the face of obvious violations. The violations cited here are those of a private citizen, the Oregon Shakespeare Festival and the City itself at its newest building. There are probably others. There is a second legal issue. While the standards may be said to apply only to the five foot wide pavement specified in AMC 13.04.030, there are instances in which paving in other areas that is not concrete constitutes a public nuisance. Such is the case with the OSF "bricks". As stated in the description of the violations above, there is no actual sidewalk in the OSF developments on either side of Pioneer Street. These areas are covered in wire-cut, slick surface bricks which were dangerous at the outset. With weathering and aging, the deterioration of the bricks including cracking, pieces breaking off and settling, has created a dangerous situation - a public nuisance. This is one of the most traversed areas in the entire City. If, as OSF claims, it sells almost 400,000 seats, then there are at least 400,000 trips over this paving during the season, not including the usual year-round traffic of employees, visitors, etc. There is a legal remedy in place to abate both the sidewalk paving violations and the creation of a public nuisance. Section AMC 18.112.080, "Violations - Nuisance" states Philip C. Lang Page 2 2/1112004 in part that "any use of land, building, or premises. . . maintained contrary to the provisions of this Title, shall be and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney of the City may, or upon order of the City Council shall immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant relief as will abate. . ." (Emphasis added) (Exhibit D) ACTIVE NON-ENFORCEMENT: ANALYSIS AND EVIDENCE Initial Overview Despite the existence of an Enforcement Officer, there is no systematic, pro-active code enforcement. The detection and reporting of violations is left to citizens who must "inform" on their neighbors. There is a strong disincentive to do so in a small toWil... They are likely to believe such structures were certainly done to code (viz. the OSF and Public Works/Planning buildings). Such structures are seen less regularly than, say, a neighbor's house so people do not notice, or do not remember, or do not bother to report violations even ifthey are knowledgeable enough to recognize them. What's worse in Ashland is the determined resistance of the designated officials, including the Code Enforcement Officer, to take actions when notified that a clear violation oflaw has been identified. A Deeper Analysis Active non-enforcement is not an issue of personalities or personal agendas, beyond the fact that the leader of a department sets the tone for subordinate personnel, The structural issues are far more important and determining. Edward Herman and Noam Chomsky developed their theory of "manufacturing consent" in their analysis of media control and bias during the Vietnam War. They merely formalized and explicated the structural determinants of their observed outcomes. Their analysis applies to the control and shaping of "information" - in this case, decisions and interpretations of planning ordinances. First is the overriding "mission", overt or unspoken. In this case "development" is the real mission of the Planning Department. New and "exciting" developments sprouting up all over town are a credit to the Planning Director and his department. They are bragged about at conferences. They get approval and support from elected officials. Former mayor Shaw once opined that we could have all the development that was wanted and maintain our "small town feel". Patently false, of course, but the message, passed along from the downtown and development interests, is not missed by officials in charge of applying laws that might hinder "development". There is an interlocking "directorate" of City Council, City commissions,-leading businesses and business persons, and developers that creates a consensus for development and for approving and allowing projects to go forward without too much attention to major procedural and code requirements that might force revision or abandonment. A few examples: The mayor is a major businessman and developer. Council members are Philip C. Lang Page 3 2/11/2004 directly or indirectly involved with developers (vide Councilor Hearn's involvement with land use issues as an attorney and his representation the Ashland Springs Hotel). One former president of the OSF Board is also a major business person and large property developer in town. Another major businessperson, who was a major mover in the development of two buildings on the SOU campus, is also on the OSF Board and was a moving force behind its new theater development. It is an unwritten but well-known rule that getting on the Planning Commission, which has enormous executive power, is a ticket to success in the architecture, design, contracting, real estate business, etc. A review of Commission members and their pre- and post -membership professional successes attests to this. Then, too, there is agreement by affiliation. The Planning Department staff sees builders and developers repeatedly, many times a year, over the years. The latter's influence therefore grows on all levels. The individual homeowner going for a new home or remodel approval is a one-time contact, and thus of lesser influence and importance. Again, leading business persons, organizations, and developers are constantly together through memberships, as in chambers of commerce, service clubs, charitable and social events and other contacts where their common interests and mutual support are reinforced. None of this implies overt coercion or influence peddling in the interpretation of ordinances, or the outright breaking of them. It simply points out that the interpretation, application, and enforcement of rules is filtered through the social values and interests of economically and socially prominent business persons, businesses, and developers. Through their interlocking directorates and contacts their interests and wishes are defined, reinforced and conveyed through many channels to officials who apply, interpret and enforce "the rules". "Well", one might say, "this goes on everywhere, in all cities and towns." That's true, but (1) it is more dangerous in Ashland because its existence is denied; (2) it should not be tolerated anywhere; and (3) in this instance and many others, it leads to outright violation of laws and refusals to enforce them, even when officials are made aware of violations. THE EVIDENCE April 28, 2000 - Follow-up letter to Jim Olson (Exhibit E) A follow-up to a telephone conversation of 4/24/00, copies to Public Work and Planning Directors. I pointed out the problems with the OSF "bricks" and plans for the new theater. Although there may have been response, I have no record of it. August 16,2000 - Series of e-mails between Jim Olson and Colin Swales (Exhibit F) In this exchange Mr. Olson: 1) Disallows the use of brick or brick pavers as not permitted. 2) Affirms that "light broom finish" is the only one allowed. 3) States that "the aSF project did get specific council approval". Obviously he is ignorant of the appeal and Condition #14 of the Findings. 4) Curiously he asks "Are YOU aware of any problems with the walks there?" This after our lengthy conversation and my letter of April 28! Philip C. Lang Page 4 2/11/2004 September 22, 2000 - Letter in response to phone conversation with Adam Hanks (Exhibit G) Mr. Hanks reply states: 1) Broomed concrete is the standard. 2) OSF old "bricks" "were installed some time ago and no information is available as to their approval by the City. 3) "The bricks in the courtyard are not required to meet this standard." 4) My concerns will be forwarded to our Risk Management Department. 5) "The brickwork done in the public right-of-way in front ofthe stairway at 234 Vista (the Sidney DeBoer residence) does not meet the standard and was not noticed by the Department of Public Works at the time of its construction." 6) "The use of an alternative material, while not included in standards at the time of its construction does provide a visual emphasis. . ." 7) "The remainder of the sidewalk in front of234 and 300 Vista are indeed finished with exposed aggregate. Exposed aggregate is not specified in the sidewalk standard." (Emphasis added). In order of the points numbered above: 1) Yes! Broomed concrete is the standard. 2) If the old "bricks were installed sometime ago. . ." this dribbles off into nothingness. Ifthey are in violation, and if they are a public nuisance, they need correction, on either or both counts. 3) See comments throughout this report on public nuisance and public liability. 4) Was anything forwarded to Risk Management? 5) What Mr. Hanks is saying is: "yes, DeBoer's paving is illegal and nothing will be done about it." 6) Here Mr. Hanks transitions from allowing that the paving is illegal to it being a superior material, which one would presume would be desirable for all of us to use, if only we were wealthy enough. . . .! 7) Now Mr. Hanks gets back to the fact that bricks and exposed aggregate are illegal! September 27, 2000 - Reply to Mr. Hanks 9/22/00 Letter (Exhibit H) This letter points out how my questions and concerns have gone unanswered: 1) No action re: OSF bricks. 2) Liabilities to City/public involved. 3) Pointing out the word-bending involved in his making aggregate the equal of (or superior to) broomed concrete and therefore, somehow, "legal". September 28,2000 - Reply by Mr. Hanks to my 9/27/00 Letter (Exhibit 1) Mr. Hanks' response states: 1) The old OSF bricks preceded the Code. FACT: they did not as indicated elsewhere in this report. 2) Mr. Hanks now evades the issue of enforcement by stating that the standards are about to be changed. a) The standards have not been changed since 9/28/00. Indeed, they have been in place, as stated by Public Works "for eons" (since 1967). Philip C. Lang Page 5 2/11/2004 b) Even if the standards had been changed, are we to allow for "retrospective legalization"? That is, can a change make violations of the prior law in force at the time of construction legal? 3) Mr. Hanks refers to the "entry walkway". The new theater sidewalk was under discussion. It was and is in fact part of the public right of way. The law, and Condition # 14 of the Findings, was subsequently violated. October 2, 2000 - Reply to Adam Hanks (Exhibit 1) 1) Reiterating that the Code preceded the old "bricks". 2) Pointing out the curious notion of retrospective legalization by proposed "changes" (that never carne about). 3) Comments on the lack of enforcement, selective enforcement, dereliction of officials. January 26, 2002 _ Letter to Mr. McLoughlin re: New Theater Paving Violation (Exhibit K) Reviews the history, with attachments of prior correspondence and points out the Condition # 14 of the Findings has not been met. This letter once again raises the issue of danger to the public and injuries on the OSF bricks, but was written to especially point out that paving at the new theater was illegal and violation of Condition #14 of the [mdings. Appropriate action was requested. February 7, 2002 _ Reply by Mr. McLoughlin to my 9/26/02 Letter (Exhibit L) Along with the old "OSF private campus" arguments, he states that the new theater paving is not in violation (although it is aggregate and brick), now shunting the responsibility to Public Works. He says, in effect, that despite what Condition #14 and the law say, Public Works some how approved non-approved paving. Yet Mr. Hanks, in and undated letter (following) indicates that "Currently, the Ashland Municipal Code specifically states in Chapter 13.04.030 that sidewalks are to be constructed using poured concrete. No mention is made as to the ability of staff to allow variances to this code requirement." (Emphasis added) So, Mr. McLoughlin claims that Public Works approved the paving (contra Condition #14 and the law) but Mr. Hanks indicates that staff cannot allow variances to this code requirement! Who's lying? Undated Letter from Mr. Hanks (Exhibit M) This letter is referred to above and supports the comments made on the 2/7/02 letter. February 12,2002 - Response to Mr. McLoughlin (Exhibit N) January 26,2004 _ FAX to Mark Knox re: Conversation that A.M. (Exhibit 0) Philip C. Lang Page 6 2/11/2004 THE NEED FOR ACTION The need for action is obvious and compelling: 1) Public Danger. All during the OSF season there are frequent 911 calls to pick up people who have fallen and been injured on OSF's bricks. This is a matter of public record. This paving constitutes a public nuisance. 2) Publicffaxpayer Liability. At some point someone will sue OSF and the City not only for compensatory, but punitive damages, since this problem has been known and reported to OSF management and City staff for years. OSF's campus is on leased City-owned land. The PlanninglPublic Works building requires no comment on liabilities. The City could also be sued by someone injuring themselves on the DeBoer paving insofar as it is a violation known and therefore permitted de facto by the City. 3) "Government is a teacher" said Justice Louis Brandies of the U.S. Supreme Court. He meant that government models law abiding/respecting behavior - or its opposite. The paving in front of these structures, particularly the PlanninglPublic Works building, is a brazen violation that gives a message to individuals and builders about our building ordinances and municipal codes. THE ACTION TO BE TAKEN 1) The City should make a clear policy statement that its building codes, AMC Title 13.03.030 in particular, are to be enforced uniformly by City employees. 2) Action should be taken in the three instances cited to force correction of the violations and conformity to the AMC, including both the paving per se and the extended nuisances the illegal paving materials have created. Philip C. Lang Page 7 2/11/2004 SECTION 13.04.030 Standards and Specifications. E,thPJ,r A l' ~1!Ii. - Page 1 of 1 CHAPTER 13.04 CONSTRUCTION, REPAIR AND ALTERATION OF SIDEWALKS SECTION 13.04.030 Standards and Specifications. A. Sidewalks shall be constructed of Portland cement concrete; shall be not less than five (5) feet in width, and shall be located one (1) foot from the property line extending toward the curb, unless otherwise approved by the City Council. B. The City Administrator shall establish supplemental standards and specifications for sidewalk construction, repair, or alteration to provide durable and practical sidewalks at a suitable grade- determined by the City Administrator to be in accordance with the system of the City street grades. C. The City Administrator shall report to the City Council changes in sidewalk standards and specifications and shall keep a copy on file in the City offices for the use of the public. D. Sidewalks shall be constructed, repaired, or altered in accordance with the standards and specifications established under this section. (Ord. 1515 S3, 1967) http://www.ashland.or.us/MunicipalCode/TITLE_13/04/030.html 9/26/00 G.(l11fSrF' B to mean fOlic/ling. J f the parking structure and theatre do not touch, they are not contiguous and do not violate ALUa 18.72.050(C) or ASDUS II-C-3-a-2 and the City Council concludes that they do not and cannot based upon conditions the Council has attached to this approval. 14. Inadequate Design for Turning Movements: During the proceeding some opponents argued that there is "inadequate turning provision at the NE comer of the parking structure to allow safe 2 way traffic" and the impact of traffic and the loading dock on Hargadine Street has not been addressed under the CUP criteria. At Record p. 57 applicant testified that in working out the design of the project, applicant's expert architect and civil engineer determined that there is adequate space for garbage and fire vehicles based upon data they collected on turning radii. ,The driveway width complies with provisions of the ALUa which require driveways to be 20 feet wide. The driveway cited by opponents is 20 feet in width. The City Council believes the testimony of applicant's experts and concludes that the driveway and its turning radii are adequate and .safe and fully comply with the requirements of the City. 15. Buildings Straddle Property Lines: During the proceeding some opponents argued that the proposed buildings impermissibly straddle property lines. The City Council finds and concludes that the applicant agreed to stipulate (and the City Council has incorporated as a condition) that the property lines be adjusted or properties consolidated in ways that are sufficient to avoid buildings that straddle property lines or otherwise violate provisions of the ALUa or ASDUS. 16. Design Violates the Book: Alexander's Pattern Language: During the proceeding some opponents argueg that the proposed project design violates the "Site Repair" idea of Alexander's Pattern Language which requires that the worst part of a site be developed while the best is reserved for views and sunlight. The City Council conclud-es that the "Site Repair" idea of Alexander's Pattern Language. is not an approval criterion and, therefore, is irrelevant. 17. Employment and Wage Issues: During the proceeding one opponent raised issues connected with employment and fair wages and argued that applicant Oregon Shakespeare Festival did not pay its employees a living wage. This opponent did not explain how the issues he raised related to the relevant substantive criteria and the City Council concludes that they do not. 18. Alternative Sites: During the proceeding some opponents argued that- applicant had failed to consider alternative sites, especially sites that it now owns. It was not explained by these opponents how the issue of alternative sites relate to the relevant substantive criteria and the City Council concludes that applicant is not required under any approval criteria to identify or examine alternatives sites. 19. Sidewalk Improvements in the Public Right-of-Way. During the proceeding, some opponcnts argued that the proposed pedestrian improvcments within the public 'right of Findings of Fact and Conclusions of Law Page 81 dr'" /) '- Planning Action 2000-074 Clly of Ashland. Oregon way were not in accord wIth the city's standards for sidewalk construction The City Council attaches condition 14, clarifying that all sidewalk work done within the public right-of-way shall be done to city standards, and under pemlit and approval of the Public Works Department. VI CONDITIONS ATTACHED TO THE APPROVAL In addition to the thirteen (13) conditions imposed on these applications by the Ashland Planning Commission and which were contained in the Findings of Fact and Conclusions of Law of the Planning Commission (dated August 22, 2000), the City Council herewith imposes Conditions 14 and 15 and hereby Orders that all of the below fifteen (15) conditions are attached and made a part of this approval: - 1. That the project shall be constructed consistent with the plan and specifications submitted as part of the record, except that these may be m~dified by conditions attached by these conditions of approval. 2. That prior to the issuance of building permits, all parcels, which have buildings that straddle or otherwise infringe on parcel boundary lines, or building setbacks will be consolidated or the parcel boundaries will be appropriately adjusted. The configuration of the adjusted parcels will be with the City's consent and prior approval. 3. That all proposed refuse areas be screened with either a solid wood fence or masonry wall. Proposed screening to be provided for review and approval by the Staff Advisor prior to the issuance of a building permit. 4. That at the time of planting and prior to the issuance of a final certificate of occupancy, not less than two inches of mulch shall be added in all non-turf landscaped areas after the installation of living plant materials. 5. That prior to the issuance of a building permit, the irrigation system plan shall be reviewed by the Tree Commission, with final approval by the Staff Advisor. The irrigation system plan shall be consistent with ALUO 18.82.060(T) and the Ashland Site Design and Use Standards. 6. That prior to the issuance of a building permit, all Tree Commission re~ommendations consistent with City Site Design and Use Standards shall be incorporated into the final landscaping plans and reviewed and approved by the Staff Advisor. 7. That temporary fencing shall be installed around the drip lines trees identified for retention prior to issuance of a building pemlit, grading, grubbing, notice to proceed with construction or other site improvements. In addition, the following measures shall Findings of Fact and Conclusions of Law Page 82 Kb Planning Action 2000-074 . Cily of Ashland. Oregon be incorporated and maintained in place during the project's development and until authorization from the Staff Advisor. a. Fill within drip line to be limited to six inches in depth. Fill to consist of a sandy composition, rather than clay, to enhance drainage. b. No cuts permitted within the drip line except as noted on the engineered construction drawings. c. No fill shall be placed around the trunk/crown root. d. No storage of equipment or materials shall occur within the drip lines. 8. That a utility, storm drainage and grading plan be submitted prior to the issuance of a building permit for review and approval by the Engineering and Planning Division. The Ashland Engineering Division Staff Advisor shall approve the design of the public alley, specifically with regards to the length and percent slope of alley landing and approach adjoining Hargadine Street. 9. That all new trees installed within perimeter plaza areas shall be no less that two inches in diameter at breast height. 10. That all modifications to and construction within adjoining City right-of-way, including bu.t not limited to curb extensions and the location of s~eel bollard light fixtures along South Pioneer, shall be reviewed and approved by the Public Works Department and Staff Advisor prior to issuance of a building permit. 11. That the proposed Gothic light fixture and post be substituted with the light standard and fixture installed within the downtown plaza and adjacent to the creek along the Winburn Bridge (not the globe fixture). The staff Advisor shall review and approve the proposed light standard fixture prior to issuaf!ce of a building pernlit. 12. That the structure be constructed to provide additional shading for the center parking spaces on the top level of the parking structure. Such structure to allow for shading through the use of vine plantings or other permeable, non-reflecting, shading material. Landscape planter to have a minimum soil depth of one and one-half feet (1 '-6"), with plant material to consist of "Akebia" vines or similar planting. The structure shall result in the shading of the fully length of the center aisle parking spaces, and -a width of 20' (10' each side). 13. That tree grates be installed on all trees located within the public plaza areas, and that tree cages be used in the high traffic areas to protect the trees during the first years of growth after planting. Tree grate and cage designs to be approved by the Staff Advisor prior to installation. s~ Findings of Fact and Conclusions of Law Page 83 Cl1 Planning Action 2000::{)74 Cily ot Ashland. Oregon 14 That all sidewalk construction and reconstructIon wIthin the public right of way be done to the standards of the City of Ashland, with all work done under peIllllt and approval of the Public Works Department. 15. That, as necessary to meet fire safety codes, there shall be a fire wall which pemlits a physical separation between the theatre building and parking structure. The two buildings shall be separated and not touch one another. VII ULTIMATE CONCLUSIONS Based upon the foregoing findings of fact, conclusions of law and evidence contained in the whole record, the City Council finds and concludes that the application for Site Design and Use Review have satisfied all of the relevant substantive standards and criteria contained within the Ashland Municipal Code and the Ashland Sjte Design and Use Standards. The City Council also finds and concludes that the application for a Conditional Use Permit for the purpose of exceeding the height limitations of the C-I-D zoning district, are compliant with all the relevant substantive criteria as the same have been enumerated and addressed hereinabove. The City Council ultimately concludes, based upon the foregoing and the conditions that it herewith attaches, both of the subject land use applications (Site Design and Use Review and Conditional Use Permit) comply with all requirements of the City of Ashland and of the State of Oregon. Therefore, the City Council herewith upholds the decision of the Ashland Planning Commission approves with conditions both quasi-judicial land use applications and attaches all of the conditions set forth hereinabove in Secliofl VI. CITY OF ASHLAND, OREGON ~~}fA~) By: Catherine M. Shaw Mayor Dated: November 7, 2000 Findings of Fact and Conclusions of Law Page 84 Planning Action 2000-074 \,\.1 ~(:_.~ \\ Section 1.04.010 Definitions. ~'11h8fT igelOf2 Chapter 1.04 GENERAL PROVISIONS - Section 1.04.010 Definitions. The following words and phrases whenever used in this code shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. A. City means the City of Ashland, Oregon, or the area within the territorial limits of the City of Ashland, Oregon, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision. B. Computation of time means the time within which the act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded. C. Council means the City Council of the City of Ashland, Oregon. All its members or all councilors means the total number of councilors provided by the general laws of the State of Oregon. D. County means the County of Jackson, Oregon. E. Law denotes applicable federal law, the constitution and statutes of the State of Oregon, the ordinances of the City of Ashland, and when appropriate, any and all rules and regulations which may be promulgated thereunder. F. May is permissive. G. Month means a calendar month. H. Must and shall are each mandatory. 1. Oath includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed. ' 1. Ordinance means a law of the City; provided that a temporary. or special law, administrative action, order or directive, may be in the form of a resolution. \ K. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. L Person means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager,' lessee, agent, servant, officer or employee of any of them. M. Personal property includes money, goods, chattels, things in action and evidences of debt. N. Preceding and following mean next before and next after, respectively. O. Property includes real and personal property. P. Real property includes lands, tenements and hereditaments,. Q. Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. R. State means the State of Oregon. S. Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. . , T. Tenant and occupant, applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others. U. Title of Office. Use of the title of any officer, employee, board or commission menns that officer, employee, department, board or commission of the City. V. Written includes printed, typewritten, mimeographed or multi-graphed. c~: 'I ,-\-, http://www.ashland.or.uslMunicipaICode/Title_I/04/010.html 9/30/00 Section 1.04.010 Definitions. -.p,t Page 2 of :~I W. Year means a calendar year. X. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Y. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 1810 (part), 1974) .' ." http://www.ashland.or.uslMunicipaICode/Title_1/04/010.html 9/30/00 I SECTION 18.112.080 Violations--nuisance. / G1.m~,r:D Page 1 of] - n CHAPTER 18.112 ENFORCEMENT SECTION 18.112.080 Violations--nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Title, and any use ofland, building, or premise established, conducted, operated, or maintained contrary to the provisions of this Title, shall be and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney of the City may, or upon order of the City Council shall, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings or prevent any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this Title. The remedies provided for herein shall be cumulative and not exclusive. '-".i' http://www.ashland.or.us/MunicipaICode/TITLE _18/112/080. html 9/30/00 RUTH n.. I"\ILLER. wa,T E.. ",-,,,-:'--:~ """"'I PtllLlP C. LANG. Leyw' 755 r> Street · Ashl.:\Ild. Oregon 97520 Office 54 t ' 46]-5659 Office/Fa,'( 54 t . 452-5)57 April 28, 2000 To: Jim Olson, City Surveyor/Project Manager Re.: Brick paving-aSF Dear Mr. ,Olson: Pursuant to our c~ation last week, August 24th, here is my follow-up memo summari:~ing the issues: 1) The bricks at the asp "campus" are slippery and dangerous. This can be confirmed by: a) simple obsery.ation. b) consult.ing starf who have constantly reported the problem to management. c) reviewing incident/accident reports which ~ am sure OSF is required to keep by law/their insurers d) calling Ashland Hospital and reviewing the 911 calls to pick people up off the bricks. e) If you wish I can put you in touch with staff people/clients who have had direct experience or this problem. 2) Nevertheless, OSF's plans for its new theater call for extending the bricks across the street. 3) It is city policy that only broomed concrete be allowed on public walkways. 4) The potential liabilities to OSF - and subsequently to the next "deep pockets" - the City, have thus far been ignored. The reason is that a) the pl.lbli'c perception is that OSF is a 501(c) (3) non-profit, most of which are known to always be in financial difficulties with few or no_ assets, and, b) No on(~ wants to "hurt" OSF, or "make a fuss" Nevertheless, some day, sometime this will become a very big issue.- I suggest that: a) Current plans for paving for the new theater 'be scrutinized and a change in paving be required. b) past experience be. reviewed with an eye to having OSF re-pave the entire area, on both sides of the street, as part of their proposed project. Jim Olson - Public Works - ~/28/00 - p. 2 In raising this issue I pelieve that I am looking out for the interests of aSF patrons, fellow citizens, and City taxpayers. I would appreciate a progress follow-up from you. Sincerely, PHILIP C. LANG cc: Building Department - attn.: Director Paula Brown-Public Works Director Page 1 of2 &.#lS;r F CoHn Swales From: To: Sent: Subject: Again, the only approved finish is a "light broom finish", however we may be able to get a staff approval for your exposed agg. finish. The OSF project did receive specific council approval. Are you aware of any problems with the walks there? "Jim Olson" <Jimo@ash\and.or.us> <colin@mind.net> Wednesday, August 16, 2000 7:55 AM Re: Sidewalk , >>> "Colin Swales" <colin@mind.net> 08/167:41 AM >>> Jim, thanks for your clarification...... How does OSF get away with their hard slippery bricks on a steep street such as Pioneer? I was thinking of using them on a level suriace..... How ab,?ut concrete with an exposed aggregate finish? Colin _____ Original Message ----- From: "Jim Olson" <Jimo@ashland.or.us> To: <colin@mind.net> Sent: Wednesday, August 16,20007:28 AM subject: Re: Sidewalk ""-!'i Colin... Sorry for the late reply. I was enjoying a few days of vacation. Unfortunately the use of brick paver for sidewalk is not permitted by AMC. The only suriace approved is concrete. Any other suriace is subject to site specific council approval. If you wish to proceed with the repairs in concrete you may pick up a permit from our office at your convenience. >>> "Colin Swales" <colin@mind.net> 08/11 12:26 PM >>> Jim, I am wanting to replace a cracked and tree-root damaged section of sidewalk in front of my home. I would like to replace the brittle concrete with small unit brick pavers similar to those used ( and proposed for the new OSF theater plaza/sidewalk) for the "Bricks" alongside Pioneer Street. Could you confirm that this is acceptable and if you have a tech sheet with required specs. if any exist. . thanks Colin Swales 8/17/00 , '.- , City of Ashland Department of Community Development 20 East Main Street, Ashland OR 97520 C.~ILnJ(6, LJHI7I~ . ......... ~~. - - '."'Of ASt:t", ~"4. "_ _ ' ~-t: (..i~:.. 'oo,,' a Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-5311 adam@ashland.or.us Philip Lang 758 B St September 22,2000 Ashland, OR 97520 Dear Mr. Lang: This letter is in response to our conversations this past week regarding your request to replace the existing poured concrete sidewalk abutting the front property line of your residence on B Street with a sidewalk constructed with brick pavers. As you noted in your letter of April 28 to Jim Olson, it is City policy that sidewalks in the public right- of-way are to be constructed using poured concrete with a broomed finish. The intent ofthis standard is two-fold, Broomed concrete ensures a uniform surface that, when in ,good repair, meets ADA standards for a pedestrian surface. Broomed concrete, as opposed to other surfaces, asphalt, decomposed granite, individual bricks, etc. require less long term maintenance due to the unified nature of concrete. Additionally, compliance to a standard provides an aesthetic visual connection throughout the neighborhood. You noted two deviations from the right-of-way standard explained in the above paragraph are worth explanation. The bricks in the right-of-way on the west side of South Pioneer Street were installed some time ago and no information is available as to their approval by the City. The bricks in the courtyard area are not required to meet this standard, as the standard applies to sidewalks in the public right-of-way only. The safety concerns regarding the courtyard area will be forwarded to our Risk Management Department. The brickwork done in the public right-of-way in front of the stairway to 234 Vista does not meet the standard and was not noticed by the Department of Public Works at the time of its construction. The use of an alternate material, while not included in standards at the time of its construction, does provide a visual emphasis for both the pedestrian and vehicle intersections with the sidewalk. The remainder of the sidewalk in front of234 and 300 Vista are indeed finished with exposed aggregate. Exposed aggregate is not specified in the sidewalk standard, as it is more expensive than the broomed finish, but nonetheless meets the material standard of a poured concrete finish. The use of an exposed aggregate finish does not decrease the expected life of the surface, nor does it violate the required standards for an ADA approved sidewalk. RUTH h. hILLER &~B.T If: i"~' PHILIP C. LANG. LCSW' ,,', }"7'iP--=:;_J~ . 751) !) Street · AShlarld. Oregofl 97520 Office 541 - 41)2-1)659 Office/fax 541 . 41)2-5)1)7 September 27, 2000 Mr. Adam Hanks, Code Compliance Planning Dept. 20 East Main Ashland, Oregon 97520 Re.: Sidewalk ("public right of way") paving Dear Mr. Hanks (Adam): I have recieved your curious letter of September 22, 2000. Your letter does not answer major questions I raised, ergo I am sending this one, with copies to the same people you copied. I will anxiously await a reply. If none is forthcoming, I will assume that that is the answer, and will add a note to that effect to the file for future reference. 1. Your letter {~9,f22} acknowledges what we have obviously known all along. The bricks in the right-of-way outside OSF are not in conformity with the code. My question: Are you going to do anything about it? 2. Relevant to #1: "The bricks in the courtyard area are not required to meet this standard". Are you aware of the fact that the OSF development, including the courtyard, is on land leased from the City? In a city where landlords are made responsible for the behavior of their tenants after a number of police calls to a given address, the notion that the lessor - the City ~ has no responsibility, and by inference, is not at risk for injuries sustained when a paving is in violation of code, seems rather curious - and dangerous. 3. Re.: the brickwork in front of 234 and 300 Vista: The comment that it "was not noticed by the Department of Public Works at the time of its construction" is rather droll. If. a permit is required it is clear that one was not applied for nor issued. It is also evident that the work was done by a professional under contract - not the homeowner. That professional probably knew of the need for a permit, and did not seek one, going ahead with unapproved materials. This work was done recently. My question: what, if anything do you intend to .do about this (and possibly other 'location) violations? 4. As a follow-up to #3. You state, in para. #2 of your letter that "no mention is made as to the ability of staff to allow variances to this code requirement". This makes it all the more clear that '.rv-iolations whether at 234 or 300 Vista or elsewhere, are clear violatiolls of the Code. 5. Current OSF Fourth Theater plans show the same bricks extended across the street - .sidewalk and entry walkway. Will this be approved as proposed? Adam Hanks - Planning Dept. - September 27, 2000 - p. 2 The issue of code enforcement in this matter, for which you are responsible, presents no problems, if you enforce the code in an equal-handed, straight- forward manner. If you choose not to, then you (including the Planning Dept.) face some tricky going. I will proceed, as planned, with paving my sidewalk in the walkway bricks, of which you have a sample. I ~ill apply for a permit to do so. If I am denied one, I will go ahead anyway. If I am then cited, we will get into a discussion of enforcement vis-a-vis my project, vs. non-enforcement vis-a-vis others' projects. Incidentally, your comments regarding exposed aggregate being equal to poured concrete in walkability and lifespan (po 1, last para.) are incorrect. Any competent professional could tell you what I am about to tell you. At my Oakland Home, I had an exposed aggregate entry patio and steps installed in 1980. It was done by a highly experienced professional, who did it "the right way" - which is to totally bury the aggregate, then use water pressure to expose'_~ it, rather than "seed" the concrete surface. The former guarantees minimal loss - "popping out" of the aggregate. The exposed aggregate concrete I have is protected under a wide roof canopy. It has also been maintained over the years with multiple coatings of "Thoroglaze" - a professional sealer/glaze. Nevertheless, I have had noticeable loss of aggregates, leaving a pocky surface with multiple small holes where the stones have exfoliated - excellent traps for womens' heels, for example. I look forward to specific answers to these questions at your earliest convenience. cc: Paula Brown, Director of public Works John McLaughlin, Director of Community Developnent Jim Olson, City Surveyor/Project ~1anager Sharlene Stephens, Risk Management ~II City of Ashland Department of Community Development 20 East Main Street, Ashland OR 97520 - Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-531] adam@ash]and.or.us Philip Lang 758 B St Ashland, OR 97520 September 28, 2000 Dear Mr. Lang: Per your request, the following is an attempt to answer your questions posed in your correspondence of September 17,2000. 1. The bricks in the OSF courtyard extend out into the public right-of-way, which is not in compliance with current City standards. However, that work was done prior to the currently established standards and can be classified as a legal non-conforming surface. No enforcement action will take place. 2. The bricks in the OSF courtyard are not required to meet the sidewalk standard, as they are not within the public right-of-way. I realize that the land is under the ownership of the City of Ashland, but that has no relevance in the enforcement of sidewalk standards. As I mentioned in my last letter to you, I will forward your concerns with the courtyard surface to our Risk Management Department for review. 3. The brickwork in front of234 and 300 Vista was done without a Public Works permit. It is irrelevant who did the work, the homeowner or a professional. As I mentioned in my letter, the sidewalk standards are being redrafted and will most likely include exceptions that allow alternate materials emphasizing the pedestrian and vehicle crossings through the sidewalk. I do not see the value in requiring the property owner to replace the materials that have been installed to meet a standard that will soon be modified to permit the very material that we require to be replaced. No enforcement action will be taken, unless dictated by the Director of Public Works or the City Administrator. 4. Answered in statement #3. 5. I have noted your concerns with the materials proposed for the sidewalk and entry walkway in the file and have also communicated these concerns directly with Bill Molnar, Senior ,~~ Planner. To reiterate, the entry walkway will most likely not be required to meet the standards being discussed here because it is not a part of the public right-of-way. The suggestions from my last correspondence still hold true. A permit is required for the replacement or construction of a sidewalk in the public right-of-way. Failure to comply with the permit requirement will result in enforcement action. Sincerely, ~ Adam Hanks Code Compliance C: Paula..Brown, Director of Public Works John McLaughlin, Director of Community Development Jim Olson, City Surveyor/Project Manager Paul Nolte, City Attorney RUTH 1'\. t\ILLER EHf+l8\TJ - I pmup c. LANG. U :S'W 7'jl3 !) Street · Ashlilf\d. Oregon 97520 Office 541 . 462-<'5659 Office/Fax 541 . 4<'52-)')<'57 October 2, 2000 Adam Hanks, Code Compliance City of Ashland-Planning Dept. 20 East Main Ashland, Oregon 96520 Re.: Paving/Paving Ordinance Dear Mr/ Hanks: Such a speedy reply - thank you! It deserves an equally speedy response from me, which follows. 1. Re. : Right-of-way (viz. sidewalk) and courtyard bricks at OSF: In reviewing the copy of the ordinance, I note that it has a date of 1967. The ordinance, then, preceded the construction of the Bowmer and the surrounding courtyard. In other words, the sidewalk and courtyard were constructed post ordinance and failed to conform to it. It seems to me that this puts an entirely different cast on the need to enforce the rules. And remember-people are being injured- all the time. 2. Re.: 234 & 300 Vista. Your comment is curious, implying that the changes that will be made to the ordinance have somehow already been decided, and will make the ordinance conform to what someone has done in violation of the current ordinance (your item #3). 3. Your comment under 5, avoids the issue. The plans for the OSF Fourth theater call for a sidewalk (jargon translation: "public right of way") that is the same as that existing on the other side of Pioneer. This is in violation of the code. Please respond - or have Mr. Molnar respond to elis concern, since he is the one responsible for plan review. 4. As Alice says in Through The Looking Glass: "things arEl getting curiouser and curioser" (sic). Your final paragraph informs me that I need a permit to replace my sidewalk and that my fai~ure to comply with the current ordinance "will result in enforcement action". This after your item 3., in which you concede that a sidewalk was constructed reeently without permit and in violation of the standard and that "no enforcement action will be taken...." Adam Hanks - 10/2/00 - p. 2 A building code is not a code if it is: (1) not enforced, and (2) n~ enforced equally and fairly. If it is not enforced, either through neglect of enforcement, or selective enforcement based on political expediency, it is not a code, but a sham. Selective or non-enforce-L- ~~ . clk.-J encourages dis)t.espect for government, arid encourages further viola !!!( of law. It is also a dereliction of duty by officials paid by the citizens to uphold laws and codes for the benefit and protection of This matter is far from closed. cc.: Paula Brown, Director of Public Works John McLaughlin, Planning Director Jim Olson, City Surveyor/Project Manager Paul Nolte, City Attorney RUTH tl. tllLLER Ev-1I113!r J( PHILIP C. LANe. LCSw' ,.. "'t--~...,-.:- 1- "I 758 B Street Ashland, Ore~on 97520 Residence 541 . 482-8659 Office/Fax 541 . 482-5387 January 26, 2002 John MacLoughlin, Director Ashland Community Development & Planning 20. East Hain Ashland, Oregon 97520 HAND DELIVERED January 28, 2002 Re.: Planning Action #2000-074 (New OSF Theater) One of the few concessions made to the legal and design crticisms of the new aSF theater concerned the plaza and street paving. I have extensive correspondence with your departmenLand with Jim Olson, City Project Manager (with cc. to Paula Brown, Public Works Director) in my files. Your own department has refused to do anything about other violations of Section 13..04.030 Standards and Specifications (viz. letter attached to me from Adam Hanks, 9/22/00.; and my 9/27/00 reply). The issue is summarized quickly as follows: aSF has used wire-cut clay bricks, neither meant for paving, nor suitable as such, on its plaza. They were also used on the public right-of-way (sidewalk area). The two areas are indistinguishable, both being paved continuously with said bricks. The City ordinance prohibits the use of this material. Indeed, it calls for "broomed concrete~'. It~is_a' matter of public record that many, many injuries have occurred to citizens and patrons because of falls on this inappropriate surnace. Management of OSF has been notified by staff and by injured parties that a dangerous condition exists. Sooner or later someone will realize that OSF is not a struggling non-profit, that it has failed to correct this problem despite endless warnings, and in their just anger will file - and win a lawsuit, not just for damages, but for punitive damages. Insofar as the aSF complex is located on leased City land - we - the citizens, wi~l be named as well as "deep pockets". This goes for both the old and the newOSF facility. Your official excuse for inaction, rendered by Mr. Adam Hanks has been that (1) the bricks are on the "OSF Campus" and that enforcement can only apply to the actual public right-of-way (sidewalk). What I have said previously negates this argument:-The City will be held responsible, MacLoughlin - re.: Bricks/OSF - 1/25/02 - p. 2 and therefore has a right and a responsibility to enforce safety standards. Your second line of refusal was based on Mr. Hank's statement in his letter of 9/28 (attached) under 1. that the bricks on the courtyard were done prior to the currently established standards, and thus are "legal non-conforming"~ This is not true. The Bowmer and associated plaza/courtyard paving were done in 1970-1971 with construction of the Bowmer. The standards were adopted, as the record shows, in 1967, before the Bowmer (and associated plaza/courtyard (re) construction were ever thought of. So much for history. The current 'problem is that plans for paving for the new OSF theater called for the same brick. This was contested at the public hearing(s) and appeal. Under Fj;.ndings of Fact and Conclusions of Law,.::p. 8:C. Section 19, it states :"During the proceeding, some opponents argued ~at .the proposed pedestrian improvements wi~hin the public right of way were not in accord with the city's standards for sidewalk construc- tion. The City Council attached condition 14, clarifying that all sidwalk work done within the public right-of-way shall be done to city standards...." Page 84, under Condition 14 states: "That all sidewallk construction and reconstruction within the public right of way be done to the standards o~ tne City of Ashland...." This requirement has not been obeyed. On the north side (old plaza/ courtyard), the paved area has been jogged out to constrict the street. Additional identical bricks have been added both behind and beyond the paving which is presumably the "public right of way". This "right of way" is done in aggregate - not broomed concrete as required by City standards. AM the rest of the paving in front of the new theater is, in violation~:'-= of any concern for public safety and past history - the same slick, wire cut clay bricks, and concrete aggregate. '.Sect.iam .13 .04. 03-0 state~ underD. "SiCl.~~~~~s.shall be constructed, repaired, or altered in 'accordance with the standards and specifications established uner this section",. :.'Chapter 18.112.080 entitled "Violations-Nuisance" covers the current problem and calls for action using the word "shall". Chapter 1.04.010 "Definitions" under H. says "Must and shall are each mandatory" . I am requesting that you take appropriate action immediately, as required by law and in recognition of the fact that heavy use of these areas will commence at the end of February. Attached: List of attachments and ccs. Copies to: Mayor Alan DeBoer Councilperson Cate Hartzell Planning Commissioner Colin Swales Attachments Chapter 13.04.030 (Standards and Specifications) Pp. 81, 82, 84 of Findings of Fact & Conclusions of Law - Planning Action 2000-074 Letter from Lang to Olson - 4/28/00 Letter from Hanks to Lang - 9/22/00 Letter from Lang to Hanks - 9/27/00 Letter from Hanks to Lang - 9/28/00 Letter from Lang to Hanks - 10/2/00 Letter from Hanks to Lang - undated 6f L- CITY OF ASHLAND Febmary 7, 2002 Mr. Philip C. Lang 758 B Street Ashland, Oregon 97520 RE: Your letter dated January 26, 2002 - OSF !Pioneer Street Crossing Dear Philip, The sidewalk and street crossing work done on Pioneer Street in association with the new OSF Theater was done under permit of the Ashland Public Works Department, and was deemed to be in conformance with the City's requirements. The plaza area in front of the new theater is not located on city right -of- way and is the responsibility of OSF. They have made the choice to use brick pavers in this area. The new sidewalk located on the east side of Pioneer is concrete. The adjoining sections of existing sidewalk were aggregate and the new sidewalk was approved as aggregate for a continuous, compatible surface. The new bump-out area on the west side of Pioneer is predominantly concrete for the ADA tactile areq, with a very limited new brick area. This was approved as part of the permit process with Public Works. The remainder of the sidewalk area on the west side is existing brick that was in place prior to the new theater approval. We have found that the condition established for OSF regarding the new sidewalk and crossing have been met and the Department of Community Development will not be taking any further action regarding this issue. I hope this answers your questions. C: Mayor DeBoer Greg Scoles, City Administrator Paul Nolte, City Attorney Paul Nicholson, OSF " DEPARTMENT OF COMMUNITY DEVELOPMENT 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us '- Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 r~' City of Ashland Department of Community Development f4 ff1 BII'" ,~t......" ,0 f AS ">, ~I O,H/:: - ,,"' 'i:9 ".._.~ a; (j~;;'M' .... <:) 20 East Main Street, Ashland OR 97520 Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-5311 adam@ashland.oLus The concrete brick material you have requested for the replacement of the sidewalk in front of your residence may initially meet the intent of the surface standards, but has a higher likelihood of creating an uneven and unsafe surface over a short period of time. Currently, the Ashland Municipal Code specifically states in Chapter 13 .04.030 that sidewalks are to be constructed using poured concrete. No mention is made as to the ability of staff to allow variances to this code requirement. As we discussed several weeks ago, the Engineering Division of our Public Works Department is in the process of revising many of our public right-of-way standards, including sidewalks. In discussions with Engineering, it seems appropriate to develop language in the new 'standards that would provide property owners with the opportunity to enhance the standard construction specifications by using alternate materials in areas where the pedestrian walkway or driveway approach intersects with the sidewalk. Because this is not yet an approved City standard, the Engineering Division would not yet be able to issue a permit for sidewalk work with the alternate materials. I would suggest that, if you are interested in pursuing the use of alternate materials, you delay the project until the standards have been revised and approved. Otherwise, the only permit that could be issued would not allow anything other than a poured concrete sidewalk. If you have any questions regarding the Council request process, please feel free to contact Paula Brown, Director of Public Works or Greg Scoles, City Administrator. Sincerely, ~ Adam Hanks Code Compliance c: Paula Brown, Director of Public Works John McLaughlin, Director of Community Development Jim Olson, City Surveyor/ Project Manager Sharlene Stephens, Risk Management Enc: Sidewalk Standard Document Ashland Municipal Code, Chapter 13 RUTH 11. I1ILLER txt\1 fJl r M ~51,.,' ,- 1'-:- "I 758 B Street Ashland, Ore!5on 97520 Residence 541 . 482-8659 Office/Fax 541 . 482-5387 February 12, 2002 John McLaughlin, Director of Community Development City of Ashland 20 East Hain Ashland, Oregon 97520 Re.: Your letter of 2/2/02 I have received your letter of 2/2/02. I guess that it is some sort of victory(!?), That is, insofar as you have foregone ~he usual specious, circular, casuistical gobbledygook justifying allowing the paving. Perhaps the history and documentation was too damning. Instead, you simpfY inform me that you (and Public Works) have made an ex cathedra decision that regardless of what the code'; requires (interesting that you make no reference to it)you have determined that what aSF has done is perfectly o.k. The violation of basic codes and laws~under which we have all presumably agreed to live, by officials in favor of the rich and powerful individuals and institutions, and at the expense of the rest of us citizens, is the very definition of corruption. When we built our home and paved the sidewalk in front, we followed the rules, having been informed that the brick pavers we wanted to use were prohibi ted by the code. As expected, the concrete was cracked,~py tree roots, and, as expected not in the place where we seamed the concrete. I know better now. In the Spring, I will be removing the concrete and replacing it with the same brick pavers I have used at the front and rear walkw;;ys of our campus. PHILIP C. LANG cc: Mayor Deboer Clouncilperson Hartzell Commissioner Swales j i / j ! I' I / -;'~-r - RUTtl M. MILLER bfH18;ra - -......... PtlILIP C. LANG. LC8W ..."c:tf#:~~' 758 B 8lreel · !\shland, Ore8on 975'20 Qesidence 541 · 48'2-8659 Office/fa;..;: 541 · 482-5387 January 26, 2004 To: Mark Knox Re.: Our exchange this A.M. re: sidewalk paving FAXed to: (541) 488-6006 As promised, this is my written, FAX follow-up to our conversation this A.M. in the foyer of the Planning/public Works building. I asked you if, from the~vantage point of your office window, you h~d seen people slip and fall on the tiles that constitute the paving in front of the building. You said: "I have seen people slip - I have slipped myself". We then launched into a discussion of violations of the paying ordinance by a prominent citizen, OSP, and the Planning Dept itself. It has been my position, stated as recently as the appeal hearing on the Bemis project, that Planning does not follow the laws and ordinances when it comes to the special interests of prominentjricg individuals, organizations, and even its own buildings. This is evident in the violations of the sidewalk paving ordinance - most especially, (hot limited t6)the Planning/public Works Deptartments' own building. wJ.rriltend to ask the City Council to instruct the City Attorney and the Planning and Public Works Departments (as well as the Code, Enforcement Officer) to enforce this ordinance. I hope they will. If not, I will file a lawsuit in which I hope to compel them to do so. In case the latter comes to pass, I will want to subpoena you (and others who have observed the dangerJi. So I wanted you to reme:tiber - and have a written record of 0 r oonversatia today. QUTtl M. MILLEQ ~I/7I3FJ P - PtlILlP C. LA.NG. LC6W 758 [) 0trcd ~ ,\shJa.no. Orcc;on 97520 Qcsldence 541 e 482-8659 Onicc!fax 541 ~ 48'2-5387 March 14, 2005 }fu. Nancy Tate, President-elect OSF Box 158 Ashland, Oregon 97520 Dear Ms. Tate: I am writing to you regarding "the bricks". I \",ould like this letter copied and given to the Board at its next meeting (presumably the beginning of June). I am also sending copies to city officials, for reasons that will become obvious. I want to congratulate and praise the OSF Board for its decision, announced at the annual meeting, to redo "the bricksll. They have been a problem for a long time. The possibility of serious injuries that might produce lawsuits for compensatory - or even punitive damages - has existed for a long time. The commitment to providing safety as well as improved coni.fort on "the bricks" is welcome. I am writing to provide you with some historical/legal background that I hope will help frame the project. I trust that the following will also be shared with whatever architect/designer(s) you c?oose for the redo. HISTORY liThe bricks" consist of slick, wire-cut clay bricks that have been dangerous since the first. With aging over the past thirty-four or so years, they have cracked, heaved, and become ever more dangerous. Although formal records were not kept for much of this time, there are now several year's worth of "9ll-at the OSF bricks" calls to document falls. I have personally worked with clients referred as a result of falls on the bricks. The use of these bricks was in violation of law from the outset. The bricks were part of the building of the Bowmer Theater in 1970-1971. The City of Ashland passed an ordinance long before then (1967), dictating materials and specifications for sidewalks (see attached copy of Chapter 13.04.030: "Construction, Repair and Alteration of Sidewalks") The section is clear: only broomed concrete is an acceptable surface. Subsequent and repeat contacts with Mr. Jim Olson of Publmc Works confirms that aggregate is not acceptable. Nancy Tate & OSF Board - 3/14/05 - p. 2 As,a citizen. health care practitioner and long-time OSF member.; I have pointed out the pt.oblems~with the brick surface for many year~ even going so far as to bring the matter to the City Council at their meeting of February 17, 2004. At that meeting Council agreed to notify OSF of the issue and the discussion. I assume that that was done. Of supreme importance was the admiSiion bYe the then city attorney that in fact the City could be sued in case of an accident on "the bricks" and in turn would have to sue OSFfor recovery. This problem comes up because the sidewalk ordinance is interpreted to mean "the public right of way" which, in the case of the usual sidewalk is of limited width, in front of a structure. In this case. however, the entire "bricks" constitutes a "right of way" for the entire public. The City's liability stems from the fact that OSF's "campus" is leased from the city - it is essentially Lithia Park land. It would seem both prudent and legal for the entire area of "the bricks" to have the same. legally required surface on a111lWalkways. . " I hope that this background information will be helpful to OSF in planning the remodeling and resurfacing of the area. 'I have a complete file on this issue which I would be happy to share with you. You have my sincere appreciation for ybur decision and my best wishes for a successful project. PHILIP Hember cc: Mayor City Council City Administrator City Attorney Planning Director Code enforcement officer attachment: City of AsHland Chapter 13.04 Construction, Repair and Alteration:: of Sidewalks. )t!f/!t;f, A;",- v" r''''' ",,:; i:'~,"/'/l~ / ..',1' .r ) .If 1" CITY OF ASHLAND '. ... , ~': i' ,~ ~ :>C_.,;~,. (')-'t l,,,. ,..,~ I Council Communication Title: Dept: Date: Submitted By: Approved By: Discussion of Sidewalk Improvement Standards- Letters from Philip C. Lang Department of Community Development February 17,2004 John McLaughlin, Director of comm,nit Development Paula Brown, Director of Public Wor ity Enginee~,J: Gino Grimaldi, City Administrator Synopsis: Mr. Lang appeared before the Council on February 3,2004 and submitted a letter outlining his concerns regarding the City's sidewalk improvement standards, and enforcement of those standards. The Council requested that this item be placed on the agenda for the February 17, 2004 council meeting. Fiscal Impact: Replacement of the decorative tile in the front of the Community Development and Public Works Engineering Building located at 51 Winburn Way. The cost of this replacement is estimated at $3,200.00. No other direct fiscal impact is anticipated by the City. Background: Mr. Lang submitted approximately 35 pages of additional information regarding his concerns (attached). From his original letter, he lists four major areas where he believes that either the public is at risk from unsafe walking surfaces, or where he believes that the City erred in allowing specific sidewalk improvements. The four examples are: 1. "The Bricks" in front of the Bowmer Theater on the Oregon Shakespeare Festival campus. 2. The New Theater on the Oregon Shakespeare Festival campus. 3. The Community DevelopmentlPublic Works Building at 51 Winburn Way. 4. The Sid and Karen DeBoer residence on Vista Street. Staff Response Item 1. - "The Bricks" are an area that was developed with the construction of the Bowmer Theater in the 1970's. The area does not constitute an area governed by the City's sidewalk standards. The area is also the responsibility of the Oregon Shakespeare Festival (OSF). Any modifications to that area are the responsibility of OSF. Liability for any injuries in this area is also the responsibility of OSF. Given that, these bricks have been in place for approximately 30 years and are the responsibility of an entity other than the City, we have not seen any reason to pursue changes to this surface. No claims regarding injuries associated with this area have been file with the City. Unless directed by the Council, Staff will not be pursuing any changes to this surface. \\COMP AQ 1 IDA T A \GOV\pub-wrks\admin\PB Council\CC Lang Sidewalk Concern 2 17 04.doc Page 1 oD r~' Item 2. - The sidewalk area, within the right-of-way, in front of the New Theater was required to be done to the standards of the City of Ashland, with all work done under permit and approval of the Public Works Department. Mr. Lang questioned if this was actually done, and informed the Planning Department of his concerns in a letter dated January 28, 2002. Director McLaughlin responded to Mr. Lang with the following letter (excerpt): "The sidewalk and street crossing work done on Pioneer Street in association with the new OSF theater was done under permit ofthe Ashland Public Works Department, and was deemed to be in conformance with the City's requirements. The plaza area in front of the new theater is not located on city right-of-way and is the responsibility of OSF. They have made the choice to use brick pavers in this area. The new sidewalk located on the east side of Pioneer is concrete. The adjoining sections of existing sidewalk were aggregate and the new sidewalk was approved as aggregate for a continuous, compatible surface. The new bump-out area on the west side of Pioneer is predominantly concrete for the ADA tactile area, with a very limited new brick area. This was approved as part of the permit process with Public Works. The remainder of the sidewalk area on the west side is existing brick that was in place prior to the new theater approval. "We have found that the condition established for OSF regarding the new sidewalk and crossing have been met and the Department of Community Development will not be taking any further action regarding this issue." Mr. Lang has taken exception to the staff decision to accept the improvements. He has stated that an aggregate surface violates our codes. However, the City's ordinance requires that sidewalks be constructed of concrete, but does not specify the surface treatment. It is Public Works policy that sidewalks have a smooth "broomed" surface. However, if deemed appropriate, a different concrete surface may better fit the area. In this instance, existing sidewalks along Pioneer are of an exposed aggregate surface and it was determined that continuation of that surface would be most appropriate for neighborhood compatibility. The exposed aggregate surface here is not "illegal." There are several areas throughout town that have exposed aggregate; downtown sidewalks have a mix of aggregate and broom finish as well as some stamped concrete and even some inlaid wood spacers. The City has authorized compatible concrete finishes, including aggregate, when it is appropriate. As part of the traffic calming improvements on Pioneer between the two theaters, Public Works requested the bump out to slow vehicular traffic. The bump out on the west side of the street does contain a small amount of new bricks to maintain the compatibility and connectivity with the existing brick plaza area. These improvements were carefully reviewed at the time of installation by both the Public Works Director and Planning Director and it was found that the new improvements involving the bricks were not part of the general sidewalk area and that the improvement did not pose a safety hazard. The sidewalk along the west side was not being repaired, replaced or improved as a part of the New Theater project. The bump out was the only new work on that side of the street. Staff did not feel it was necessary to have OSF replace the entire length of the sidewalk on the west side of the street. Item 3 - The tile sections in the sidewalk areas in front of the Community DevelopmentIPuhlic Works Building were specified by the architect as part of the original construction. This was an architectural detail to break up the solid concrete areas and was not specifically denoted as a part of the sidewalk surface. Staff did not call this out as a sidewalk area and therefore we missed that detail. We concur with Mr. Lang that the tiles are breaking and the grout is loosened. A contract has been initiated to \\COMP AQ I \DATA \GOV\pub-wrlts\admin\PB Council\CC Lang Sidewalk Concern 2 17 04.doc Page 2 of 3 r., remove the tile areas and grout, and replace them with scored colored concrete. This will be done in the immediate future. Once completed, all areas in front of the building will be improved with concrete. Item 4 - Sid and Karen DeBoer iristalled a new sidewalk in front of their properties along Vista Street when they were remodeling their home and constructing a new home. They were not required to construct the sidewalk as part of any planning action, but rather they desired to have a sidewalk along their frontage. They were not aware that a separate permit was necessary for a sidewalk improvement. They constructed the sidewalk out of concrete, in accord with the ordinance, but utilized an aggregate surface rather than a broomed concrete surface. Given that there were no other sidewalks in the neighborhood to establish a pattern, it was determined that the aggregate surface was allowable and met ADA requirements. A short section of bricks set in concrete were installed where the walkway to the home intersects with the sidewalk. Again, it was determined that this did not pose a specific problem, was coordinated with their walkway and was allowed to remain. Should the Council find that either the exposed aggregate sidewalk or brick area in front of the DeBoer home are inappropriate for this area, the Council can direct Staffto contact the owners to remove the improvements and replace them with broomed surface concrete. Recommendation: Staff concurs that the sidewalk standards listed in ordinance 13.04.030 are somewhat rigid and should be modified to allow for additional flexibility at the discretion of the Director of Public Works. The Public Works Department has looked at revising this ordinance, and referencing specific improvement standards that would be under the purview of Public Works. There have been different sidewalk surfaces, including asphalt sections approved by the Council (Cooper) and sidewalk sections that are narrower than the specified 5 foot width. Perhaps now is the time to look at revisions to the code to allow sidewalk surface [mish discretion, allow for public art, and at the same time, meet the ADA requirements. As for the examples cited by Mr. Lang, staff recommends the following: 1. No further action required regarding "The Bricks" at OSF. If council feels strongly that the sidewalk along the west side of Pioneer is inappropriate in brick and wants that section (150-200 feet) replaced in concrete, then it would be appropriate for an LID to be formed and the City share the costs with OSF for an appropriate concrete (likely exposed aggregate) sidewalk. The estimate for this work is $8,500 and the City's share for standard sidewalk LIDs is 60% or $5,100.00. 2. No changes required to the improvements constructed as part of the New Theater project. 3. Complete the scheduled replacement of the tile area in front of the Community DevelopmentlPublic Works Building with concrete, and no further action is necessary. 4. The improvements on Vista in front of the DeBoer property have been found by Public Works to be acceptable, however, if the Council wishes to have these improvements replaced, Staff can contact the owners and initiate the process. Staff would not anticipate a City cost share for these individual. residential improvements. Attachments: Packet ofInfonnation from Philip Lang to Council dated February 11,2004 Letter from Philip Lang to Council dated February 3, 2004 Letter from Adam Hanks to Philip Lang dated September 22,2000 Letter from Adam Hanks to Philip Lang dated September 28,2000 Letter from John McLaughlin to Philip Lang dated February 7,2002 \\COMPAQI\DATA\GOV\pub-wrks\adrnin\PB Council\CC Lang Sidewalk Concern 217 04.doc Page 3 of) ~~, RUTlI M. MILLER PlIILIP C. LANG. LCcI)W 758 J) 0lrcet · Ashland. Orq;on 97520 Qcsidence 541 · 482-8659 Onlce/fa'\ 541 · 482-5337 February 3, 2004 To: The Mayor/City Council Re.: Ashland Municipal Code - Title 13.04.030 (Paving standards and specifications I am bringing to your attention the problem of non-enforcement of the City's paving standards and specifications. It is a good time to bring this issue forward since last week you upheld an appeal based on the wishes of the majority of citizens and on the laws and ordinances affecting the proposed development. This does not happen often enough. Often the ordinances, codes and rules are enforced for we "little people" but waived, abrogaqed and violated on behalf of rLch and powerful individuals and organizations and even, as in this case, by the government on its own behalf. I call your attention to the attachment to this statement: a copy of AMC Title 13/04/030 which specifie.~' standards and specifications for paving. I checked with the public Works Department since this ordinance dates from 1967. I WaS informed that: "it hasn't changed for eons". Nevertheless, it has been abrogated creating significant pnysicaiL .r.isks'to J. individuals and liabilities for the taxpaying citizens. I have called these violations to the attention of the Planning Department and public Works (I have substantial correspondence dating back four years), but nothing has :been done. I am sure that there are other major violations - but here are some ~lltstandiqg and particularly dangerovs ones: 1) Oregon Shakespeare Festival - "The bricks". The existing old bricks on the north side are wire cut/slick surface bricks. As they have aged they have become even more treacherous. Sp~cril6ns.: :arguments have been made defending this: a) "The Bricks" preceded the code. They did not - the paving waS done when the Bowmer WaS built in 1970-1971. The Code waS put in place in 1967. b) "Its the OSF campus and thus private property". The OSF "campus" is leased from the City. We are the "deep pockets'when the lawsuits happen. c) "The ordinance only applies to the public right of way- not the entire "Bricks". Even if this is so - the public right of way is also bricks. In fact, when the New Theater WaS built, the "bump out" sidewalk was also allowed to be done in the same bricks. City Council - 2/3/04 - ~a.ying Oxdin~nce ~ p. 2 2) Oregon Shakespeare Festival - New Theater. Thi~ waS appea.led to the City Council from Planning. The "Findings of Fact and Conclusions of La.w" included a condition (.#14 - p. 84) that"all paving and reconstruction within the public right of way be done to the standards nf the City of Ashland...." Once again, the paving is bricks and aggregate - neither of which is allowed. I so informed the Planning Director in a letter dated 1/26/02. His response, dated 2/7/02 was that the condition had been met, and no action would be taken. 3) The City's Planning/Public Works Building. This building has four (!) two-foot-wide bands of glazed and slippery ceramic tile from the building's edge out to the curb - a blatant violation of the code. Moreover, weathering and heavy traffic have loosened the grout; some tiles are~~, increasing the hazard. Staff'~offices' 'looking out on the street have allowed staff to see people slipping and falling. Nevertheless, department staff blame the architect, the contractor, the Public Works Department - but no correction has been made. 4) The DeBoer residence on Vista. The owner has copied the same wire-cut, &laybricks used by OSF in his sidewalk at the front of the steps, and extended the sidewalk in aggregate for many feet on either side. When notified, code enforcement allowed as the work was not approved inspected, or done to code, but that nothing would be done. (Letter from Adam Hanks - 9/28/00). It is vital that something must be done for the following reasons: 1) Public danger. All during the season (and before and after) there are 911 calls to pick people up off the bricks. This is easily verified. I have treated people with significant injuries sustained on "The Bricks. '~ People have slipped and fallen in front of the Planning Dept. building. 2) Public/taxpayer liability. At some point someone will sue OSF and/or the City (we are the "deep pockets"). Since these problems have been known to OSF and the City for a long time, the possibility of punitive as well as compensatory damages exists. 3) Justice Louis Brandeis of the U.S. Supreme Court said: "government is a teacher". He meant that the behavior of governments is a model to citizens. The Paving in front of the Planning Dept. bu~lding is a brazen and "in your face" violation that gives a message to individuals and builders about how and by whom the laws can be broken with impunity. Ashland Municipal Code Title 18/112/080 regarding "violations-nuisance" states that violations of this sort "are declared to be unlawful and a public nuisance, and the City Attorney of the City may, or upon order of the City Council shall immediately commence action or proceedings for abatement, and removal and enjoinment...and may take such other st~...to grant relief." City Council - 2/3/04 - Paving Ordinance - p. 3 I am asking you to take action to correct these violations of law, and dangers to the public RUTH M. MILLEQ G:r '"1. -l-o ~ Q C. q~~. PHILIP C. Li\NG. lC~\V . c.j~:"JC::-. 758 B ~lfeel · ,'vihland. Orl::80n 97?20 Residence ')41 . 482-8659 Oillce/fa.\ 541 · 481-7387 -- February 3,2004 To: The Mayor/City Council Re.: Ashland MUnicipal Code - Title 13.04.030 (Paving standards and specificatiom I am bringing to your attention the problem of non-enforcement of the City's pav~ng standards and specifications. It is a good time to bring this issue forward since last. week you upheld an appeal based on the wishes of the majority of citizens and on the laws and ordinances affecting the proposed development. This does not happen often enough. Often the ordinances, codes and rules are enforced for we "little people~ but waived, abroga~ed and violated on behalf of r.hch: arid powerful individuals and organizations and even, as in this c<;lse, by the government on its own behalf. I call your attention to the attachment to this statement: a copy of AMC Title l3/04/030.which specifie~ standards and specifications for paving. I checked with the Public Works Department since this ordinance dates :fran 1967. I Was informed that: "it hasn't changed for eons". Nevertheless, it has been abrogated creating significant pfiysicaiJ tiSKS:to .1.. individuals and. liabilities for the taxpaying citizens. I have called these violations to 'the attention of the Planning Department and PUblic Works (I have substantial correspondence dating back four years), but nothing has =been done. I am sure that there are other major violations - but here are some outstandil}g and particularly dangerdUS ones: - .1) Oregon Shakespeare Festival - "The bricks". The existing old bricks on the north side are wire cut/slick surface bricks. As they have aged they have become even more treacherous. S.PEJahOl1S: :arquments have been made defending this: . a) "The Bricks" preceded the code. They did not - the paving was done when the Bowmer was built in 1970-1971. The Code was put in place in 1967. b) "Its the OSP campus and thus private prope:r.ty". The OSF "campus" is leased from the City. We are the "deep pockets ''when the lawsuits happen . c) "The ordinance only applies to the public right of way- not the entire "Bricks". Even if this is so - the public right of way is also bricks. In fact, when the New 'l'heater wasbullt, the "bump out" sidewalk was also allowed to be done in the same bricks. . I City Council - 2/3/04 - PAy~g Ordin~ce ~ p. 2 2) Oregon Shakespeare Festival... New TOOatex. Thi~ wa.s jlppealed to the City Council from Planning. The "Findings of Fact and.Conclusions of LAw" included a condition ljl4 ... p. 84) that"all pay~ng and reconst~ction wi thin the public right of way be done to the standards ~f the City of Ashland...." Once again, the paving is bricks and .aggregate ... neithex of which is allowed. I so informed the Planning Director in a letter dated 1/26/02. His response, dated 2/7/Q2 was that the condition had been met, and no action would be taken. 3) The City's Planning/public Works Building. This building has four (1) two-foot-wide bands of gla~ed and slipperY ceramic tile fran the building' s edge out to the curb' - a blatant violation of the code. Moreover, weathering and heavy traffic have loosened the grout; some tiles are~, increasing the hazard. S.l;affooffices:uOoking out on the street have allowed staff to see people slipping. and falling . Nevertheless, department. staff blame the architect, the contractor, the Public Works Department - but no correction has been made. 4) The DeBoer residence on Vista~ The owner has copied the same wire-cut, c:tta:y:bricks used by OSF in his sidewalk . at the front of the steps, and extended the sidewalk in aggregate for many feet on either side. When notified, code enforcement allowed as. the work was not approved inspected, or done to. code, .but that nothing would be done. (Letter from Adam Hanks - 9/28/00) . It is vi tal that something must be done for the followi.ng reasons: '. 1) . Public danger. All during the season (and before and afte~) there are 911' calls to pick people up off the bricks. This is easily verified. I have treated people with significant injuries sustained on "The Bricks.". People have slipped and fallen in front of the Planning Dept. building. 2) Public/taxpayer liability. At some point someone will sue OSF and/or the City (we are the "deep pockets"). Since these problems have been known to OSF and the City for a long time, the possibili.ty of punitive as well as compensatory damages exists. 3) Justice Louis Brandeis of the U.S. Supreme Court said: "government is a . teacher". He meant that the behavior of governments is a model to citizens. The Paving in front of the Planning Dept. building is a brazen and "in your face" violation that gives a message .t~ individuals~d builders about how and by whom the laws can be broken with impunity. Ashland Municipal Code Title 18/112/080 regarding "violations-nuisance" . states that violations of this sort "are declared to be unlawful and a public nuisanoe, and the City At1;:orney'of the City may, or upon order of .the City Council- shall immediately coomenoe action or proceedings for abatement, and removal and enjoinment...and may take such other stePs. '.' to grant relief." City Council - 2/3/04 - Paving Ordinance - p. 3 action to correct these violations of law, and CITY OF ASHLAND February 5, 2004 Mr. Philip C. Lang 758 B Street Ashland, Oregon 97520 RE: Your letter dated January 26,2002 - OSF/Pioneer Street Crossing Dear Philip, The sidewalk and street crossing work done on Pioneer Street in association with the new OSF Theater was done under permit of the Ashland Public Works Department, and was deemed to be in conformance with the City's requirements. The plaza area in front of the new theater is not located on city rigbt-of- way and is the responsibility of OSF. They have made the choice to use brick pavers in this area. The new sidewalk located on the east side of Pioneer is concrete. The adjoining sections of existing sidewalk were aggregate and the new sidewalk was approved as aggregate for a continuous, compatible surface. The new bump-out area on the west side of Pioneer is predominantly concrete for the ADA tactile area, with a very limited new brick area. This was approved as part of the permit process with Public Works. The remainder of the sidewalk area on the west side is existing brick that was in place prior to the new theater approval. We have found that the condition established for OSF regarding the new sidewalk and crossing have been met and the Department of Community Development will not be taking any further action regarding this issue. I hope this answers your questions. Sincerely, John McLaughlin Director of Community Development C: Mayor DeBoer Greg Scoles, City Administrator Paul Nolte, City Attorney Paul Nicholson, OSF DEPARTMENT OF COMMUNITY DEVElOPMENT 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 r~' City of Ashland Department of Community Development 20 East Main Street, Ashland OR 97520 Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-53 II - adam@ashland.or.us Philip Lang 758 B St Ashland, OR 97520 September 22, 2000 Dear Mr. Lang: This letter is in response to our conversations this past week regarding your request to replace the existing poured concrete sidewalk abutting the front property line of your residence on B Street with a sidewalk constructed with brick pavers. As you noted in your letter of April 28 to Jim Olson. it is City policy that sidewalks in the public right- of-way are to be constructed using poured concrete with a broomed fInish. The intent of this standard is two-fold. Broomed concrete ensures a uniform surface that, when in good repair, meets ADA standards for a pedestrian surface. Broomed concrete, as opposed to other surfaces, asphalt, decomposed granite, individual bricks, etc. require less long term maintenance due to the unifIed nature of concrete. Additionally, compliance to a standard provides an aesthetic visual connection throughout the neighborhood. You noted two deviations from the right~f-way standard explained in the above paragraph are worth explanation. The bricks in the right~f-way on the west side of South Pioneer Street were installed some time ago and no information is available as to their approval by the City. The bricks in the courtyard area are not required to meet this standard, as the standard applies to sidewalks in the public right~f-way only. The safety concerns regarding the courtyard area will be forwarded to our Risk Management Department. The brickwork done in the public right~f-way in front of the stairway to 234 Vista does not meet the standard and was not noticed by the Department of Public Works at the time of its construction. The use of an alternate material, while not included in standards at the time of its construction. does provide a visual emphasis for both the pedestrian and vehicle intersections with the sidewalk. The remainder of the sidewalk in front of 234 and 300 Vista are indeed finished with exposed aggregate. Exposed aggregate is not specified in the sidewalk standard, as it is more expensive than the broomed fInish, but nonetheless meets the material standard of a poured concrete finish. The use of an exposed aggregate finish does not decrease the expected life of the surface, nor does it violate the required standards for an ADA approved sidewalk. City of Ashland Department of Community Development 20 East Main Street, Ashland OR 97520 Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-5311 - adam@ashland.or.us The concrete brick material you have requested for the replacement of the sidewalk in front of your residence may initially meet the intent of the surface standards, but has a higher likelihood of creating an uneven and WlSafe surface over a short period of time. Currently, the Ashland Municipal Code specifically states in Chapter 13.04.030 that sidewalks are to be constructed using poured concrete. No mention is made as to the ability of staff to allow variances to . this code requirement. As we discussed several weeks ago, the Engineering Division of our Public Works Department is in the process of revising many of our public right~f-way standards, including sidewalks. In discussions with Engineering, it seems appropriate to develop language in the new standards that would provide property owners with the opportunity to enhance the standard construction specifications' by using alternate materials in areas where the pedestrian walkway or driveway approach intersects with the sidewalk. Because this is not yet an approved City standard, the Engineering Division would not yet be able to issue a permit for sidewalk work with the alternate materials. I would suggest that, if you are interested in pursuing the use of alternate materials, you delay the project until the standards have been revised and approved. Otherwise, the only permit that could be issued would not allow anything other than a poured concrete sidewalk. If you have any questions regarding the Council request process, please feel free to contact Paula Brown, Director of Public Works or Greg Scoles, City Administrator. Sincerely, Adam Hanks Code Compliance c: Paula Brown, Director of Public Works John McLaughlin, Director of Community Development Jim Olson, City Surveyor! Project Manager Sharlene Stephens, Risk Management Ene: Sidewalk Standard Document Ashland Municipal Code, Chapter 13 City of Ashland Department of Community Development 20 East Main Street, Ashland OR 97520 Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-5311 - adam@ashland.or.us Philip Lang 758 B St Ashland, OR 97520 September 28, 2000 Dear Mr. Lang: Per your request, the following is an attempt to answer your questions posed in your correspondence of September 17, 2000. 1. The bricks in the OSF courtyard extend out into the public right-of-way, which is not in compliance with current City standards. However, that work was done prior to the currently established standards and can be classified as a legal non-conforming surface. No enforcement action will take place. 2. The bricks in the OSF courtyard are not required to meet the sidewalk standard, as they are not within the public right-of-way. I realize that the land is under the ownership of the City of Ashland, but that has no relevance in the enforcement of sidewalk standards. As I mentioned in my last letter to you, I will forward your concerns with the courtyard surface to our Risk Management Department for review. 3. The brickwork in front of234 and 300 Vista was done without a Public Works permit. It is irrelevant who did the work, the homeowner or a professional. As I mentioned in my letter, the sidewalk standards are being redrafted and will most likely include exceptions that allow . alternate materials emphasizing the pedestrian and vehicle crossings through the sidewalk. I do not see the value in requiring the property owner to replace the materials that have been installed to meet a standard that will soon be modified to permit the very material that we require to be replaced. No enforcement action will be taken, unless dictated by the Director of Public Works or the City Administrator. 4. Answered in statement #3. I have noted your concerns with the materials proposed for the sidewalk and entry walkway in the file and have also communicated these concerns directly with Bill Molnar, Senior City of Ashland Department of Community Development 20 East Main Street, Ashland OR 97520 Adam Hanks Code Compliance Phone 541-552-2046 Fax 541-488-5311 - adam@asWand.or.us Planner. To reiterate, the entry walkway will most likely not be required to meet the standards being discussed here because it is not a part of the public right-of-way. The suggestions from my last correspondence still hold true. A permit is required for the replacement or construction of a sidewalk: in the public right-of-way. Failure to comply with the permit requirement will result in enforcement action. Sincerely, Adam Hanks Code Compliance C: Paula Brown, Director of Public Works John McLaughlin, Director of Community Development Jim Olson, City Surveyor/Project Manager Paul Nolte, City Attorney QUTtI i"1. NILLEQ ,--.~:.~:. ~~ :'.~':.~:::-:..'~:. ~~ .,.....-..... . ........'-b -~{('~ Co. 'f .7"!-r: 't'~ ~~:~~.~ f. : : I.: . _ :wL\.--..,.......o,& ~..._.~~~"'..:I"~'''''''':'''_ -..;- - .~ 1 . :.-~::';'~'"~~[''' I J . ',' ., ,} ~':J -~ I ~':'~=.~d~:~\:"( :_:it_~.:~ '"'t--' "," ~ PtlILIP C. LANG. LC&\V -158 B 81.red . l\shland_ Ore8on 975'20 Resldence 541 . 48'2-8659 Office/f3.,';, 541 · 48'2-5387 February 13, 2004 To: Mayor & City Council Attached are two additional pieces of evidence with respect to paving problems and the Planning Department's relation therefo. They are fube.ill:ell Exhibi t P and Exhibi t Q respectively. ~pprovem;Minutes and Transcript~on of Audiotape of 10/17/00 Council Meeting Approved minutes: Minutes 10/17/0a::council meeting htto:/Iwww.ashland.or.us/AQendasResutts.aSp?AMID=233 -.McLaughlin stated that in the appellant's 65-page presentation, many of the issues raised, had been beard previousl)' and addressed. He 1I1so noted the following new iS8ues that had not pre'tiously raised: 1) A proposal for bricks in the sidewalk, and sidewalk standards for poured concrete. McLaughlin noted tbat staff bad added a condition requiring that the sidewalk work be done under the permit and approval of Public Works. 2) Building size requirements. McLaughlin explained tbat the numbers quoted were based on tbe arcbitect's building plan, which is measured from the outside of the building. He further explained tbat, as is written in city ordinance, the measurements are made from tbe inside of the walls, and the 44,000 sq. ft building is within the 45,000 sq. ft limit. 3) Building sep,lration. and firewalls. McLaughlin stated tb,lt one stJlution is to attach the the,lter to the parl,ing structure, which wuuld alle\-iate a few huillting code is.mes, hut \\ oult! also exceed lhe square fllolage relluirement. An alternatiYe solutinn, wtluld be to create a fire\\ all, \\ hich \\ a.~ aho considered h~' the architect.~ in the huillling department. Staff recommended adding a eonllitiun ensuring that the huildin:,:s .Ire nuncontiguous..... From audiotape (The videotape has been destroyed) What follows is a verbatim transcript of that part of the 10/17/00 meeting that covers ME. McLoughlin" s remarks on item #1, ~receding. EInpha,sis, commas, etc. are included to try to replicate the exact cadence And intonation of his remarks. -----~..._-~----~- .---- --~ - -._-- ----------.. [McLaughlin] Urn, there's a couple of points, urn, one involves the, er, proposal for bricks in the courtyard area, and that includes, urn, the way ff's proposed, is there'd be some bricks within the er, right of way or sidewalk area. And, er, Mr. Lang is correct that you do have a standard that requires that that be done to urn, our sidewalk standard, which is a Portland cement. And so we would just recommend you, er there's a urn, condition number ten I believe that, urn involves urn, improvements of the er, bulb-out area that's proposed, it's fn this drawing, right here you can see that crossing area. We just have a ~condition in there that that work all be done under permit and ," . I approval of Public Works and just add on that the sidewalk urn, comply with the City standards for sidewalk construction and also continue under review and approval by Public Works. And I think it addresses, that point. Exhibit P Oregon $hakespeare Festival - 1999-2003 Long Range Plan Goal #2 of the 1999-2003 Long Range Plan (attached) states that: "We will provide a work environment for all company members that is dynamic, supportive, safe, and creauvely inspiring". It also states: "In order to accomplish this goal, we plan to implement the following action programs: 7. Examine how we can make the brick courtyard less hazardous during wet weather~. Further on, Goal #14 (attached) states, sub ll.b.: "Examine how we can improve the safety of the Bricks by providing a non-slip surface and installing steps in front of the box office." Other, far more grandiose goals stated in this plan have been achieved, including construction of the New Theater, and increasing the endowment by another $10,000,000. This one has not. Patron and staff safety still goes a-begging. It is now 2004 - 5 years later, and, presumably, time for a new four year plan.. .. Exhibit Q Goal #2: .'Ve will provide a work environment for all company members that is dynamic, supportive, safe and creatively inspiring. Background Analysis: In the last five years we have significantly upgraded working conditions for many of our staff including the costume shop, artistic staff, design, stage operations, box office, development, marketing and communication, education, publications and information services. These improvements have made a huge difference in company morale and our capacity to provide the best work By the end of 1998 with the renovation of the Bowmer Theatre basement area we will have expanded dressing space by 30%, improved stage manager and stage operations offices, provided better sOlmd, lighting and costume construction space, and doubled the green room area. The company increasingly believes that management is really making an effort to listen to everyone. The Manager's Workshops and diversity training and an improved evaluation process increasingly enhance communication and management responsiveness. At the same time, it is very difficult to make art where outside labor forces, such as federal and state laws, apply pressure on us to be more bureaucratic and institutional. Although we have made concerted efforts to ensure our wages are competitive with other theatres, it is difficult for many company members to live in this increasingly expensive city. Although the longevity of our company gives us remarkable stability and knowledge, the financial and time demands of raising families can create dissatisfaction among some company members over what the Festival can offer. There appears to be a class system developing within the Festival relating to different pay scales and education levels, where people come from, and hierarchical position, and this could jeopardize company morale in the future. Although a lot of effort has been made to include everyone in the company through invitation to Show Intra's, task-oriented training, diversity training, improvements in Company Relations meetings, and the introduction of the Company Council, we will need to focus On providing continued opportunities for the company to stay connected. We want to make the Festival one of the best companies in the U.S. in which to work. In order to accomplish this goal, we plan to implement the following action programs: 1. Examine work loads throughout the Festival. AD/ED 2000 Dir of Pers 2. Provide vacation time/pay for all company members AD/ED 1999-2003 $35,000 - who work more than 20 weeks per season. Dir of Pers $70,000 per year 3. Examine the costs and benefits of increasing the match ED 2000 $42,000 on our retirement plan from 4% to 5%. Dir of Pers per year 4. Increase training and tuition reimbursement budgets. AD/ED 2000-2003 $10,000 Dir of Pers per year 18 5. Ensure that we offer a competitive compensatIon and' ADIED 1999-2000 benefits package that attracts and retains the people we Dir of Pers want; engage a compensation consultant to assist the process. 6. Examine the implication of creating a system that Prdn Mgr 2000 rewards company members who save the Festival Dir OfF&A money through cost reductions, material savings, and Dir of Pers time efficiency. All managers 7. Examine how we can make the brick courtyard less Dir of Pers 2000 $5,000 hazardous during wet weather. Dir OfFac. 8. Upgrade the Green Show performance deck, ensuring AD 2000 $15,000 that it is designed to fit harmoniously into the Assoc Prd courtyard. Prdn Mgr 9. Continue to offer management and company members Dir of Pers 1999-2000 training in communication and diversity. Assoc. AD 10. Maintain the Company Council as a vital ADIED 1999-2000 communication between company members and OSF Cmpany Cnel leadership. 19 Goal # 14: We will analyze our space and facilities chaJlenges and as our resources permit, carefully implement changes that address the high priority needs. Background Analysis: We made major improvements in the costume shop with the move to the Pioneer btrilding in 1997. Once the old costume shop space in the Angus Bowmer Theatre basement is converted, we will have more suitable space for actors' Green Room, dressing rooms, sound and light departments, stage operations, and stage managers. While all of our theatres are in good condition, we do have limitations in load-in facilities and lighting, vocal and movement coach space, and in the size of our rehearsal halls. Our mailing facilities are inadequate and information services staff are working in crowded conditions. We often turn away groups requesting education services because we are unable to find space. In addition, some of the spaces we use are inadequate for work with students. Dedicated space would enable us to significantly expand our education offerings. In order to accomplish this goal, we plan to implement the following action programs: 1. Create a master plan for space needs and establish a ADIED 1999 task force for examining and implementing the master Prein Mgr space plan. Assoc Prd Board 2. Improve access of large scenic elements into the theatres Prdn Mgr 1999 $20,000 by replacing load-in doors as appropriate. 3. Purchase additional suitable, affordable housing units as Dir ofF&A 1999-2003 $??? they become available to provide more control over Cmp"anyMgr company housing. 4. Examine how we can increase the size of our rehearsal Assoc AD 2000 halls. Assoc Prd Dir ofFac 5. Provide dedicated spaces for voice, movement and ADIED 1999-2001 $25,000 warm up activities close to the dressing rooms in each theatre. 6. Explore the use of spaces off campus for activities and ED 1999-2002 functions that do not need to be close to the theatres. 7. Examine how we can improve wheelchair seating in the ED 2000 Angus Bowmer Theatre; implement as appropriate. Res. Des. 41 8. Upgrade the Sennheiser Hearing System in our theatres Dir ofM&C 2000 $15,000 where necessary. Prdn Mgr Aud Serv Mgr 9. Work with the business community and City of Ashland ED 2000-2003 on creating additional parking for company members Dir Of F&C and Festival patrons. Dir Of M&C 10. Seek to provide dedicated classroom and workshop Dir Of Ed. 1999-2003 ??? Spaces for our education activities. 11. Improve wheechair access to our theatres: a. Examine the possibilities of providing a wheelchair Dir ofF&A 2001 $15,000 loading zone next to the bricks. b. Examine how we can improve the safety of the Dir ofF&A 2000 $10,000 Bricks by providing a non-slip surface and installing steps in front of the Box Office. c. Examine ways of providing wheelchair access to Dir of M&C the Angus Bowmer Theatre booth and Backstage Dir ofFac 2000 Tour areas. Res. Des. 42 CITY OF ASHLAND Council Communication Discussion of Reallocation of Unused Portion of Economic and Cultural Development Grant in FY 2006-2007 Meeting Date: March 6, 2007 Department: Administration Contributing Departments: PU~liC W rks - Finance Approval: Martha Bennett Estimated Time: 15 minutes Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Lee Tuneberg /p?{)- tuneberl@ashland.or.us Statement: As part of the budget process for FY 2006-2007 the Budget Committee awarded $5000 to the Arts Council of Southern Oregon to support a proposed Oregon Snow Sculpture Competition program to be held in January 2007. Per the application, the money awarded was intended for a marketing program to generate interest and support in the event through corporate sponsorship and other grant applications. The Arts Council cancelled the event when sufficient funds could not be generated and has returned the unspent portion of $2618.17. Through Council discussion it has been determined that returned money can be reallocated or held over and re- budgeted in addition to the next year's calculated amount based upon projected revenues. A request has been brought forward to reallocate the unused portion in this fiscal year to support the upcoming Snow Castle Kids' Carving event sponsored by Kid's Unlimited and others, scheduled for March 23, 2007. Staff Recommendation: Council either: Authorize reallocation of the returned amount to the Kid's Unlimited event, Direct staff to open requests to other qualifying events Direct staff to re-budget $2619 in FY 2007-2008 in addition to the calculated grant amount. Background: The City of Ashland allocates a certain portion of Transient Occupancy Tax revenues to small grants for tourism, economic or cultural development. The existing resolution is #2004-32 and is under revision at this time. The Arts Council of Southern Oregon has returned 52.4% of the $5000 granted to them designated for the marketing campaign for the Oregon Snow Sculpture Competition that was cancelled. Councilmember Jackson has expressed interest in reallocating the returned monies to Tom Cole of Kid's Unlimited and Roger Butterfield in support of the kid's snow castle carving event. No other group has come forward nor has staff actively looked for other applications of this money in the current fiscal year. ~.l' Council has discussed in the past the practice to hold over to the next year any money not awarded through the grant process or amounts returned unused. Staff believes Council can choose to do either. Related City Policies: None Council Options: Council may take no action and the returned money would automatically be re-budgeted in FY 2007-2008 or Council may direct staff to award the returned amount to another use falling within the categories identified in resolution #2004-32. Attachments: Arts Council Final Report for FY 2006-2007 Arts Council Application for the grant Resolution 2004-32 r~' City of Ashland's Economic and Cultural Development Grant FINAL GRANT REPORT 33 North Central, Suite 300 Medford, OR 97501 541.779.2820 fax: 541.772.4945 email: oHice@artscouncilso.org The Arts Council of Southern Oregon was very grateful to receive a grant of $5,000 from the City of Ashland's Economic and Cultural Development Grant our proposed Oregon Snow Sculpture Competition in January 2007. Unfortunately, the Arts Council has cancelled the event because we were not able to raise enough funds to hold the event. The City of Ashland funds were designated for the marketing campaign for the Oregon Snow Sculpture Competition. What follows is a report on the time (costs) incurred as we began our initial fund raising efforts through sponsorships and grants. The goal was to use these funds to design and coordinate such a marketing campaign. (Volunteers and staff from Mt. Ashland were also involved in this process but not billed to the grant.) . Arts Council volunteers and staff planned for and pursued corporate sponsorships to enhance marketing of the Oregon Snow Sculpture Competition by increasing funds to produce promotional materials for tourists and to have the event tied into the marketing that businesses do already. Contacts made included Washington Mutual Corporation, Les Schwab, The Bank of the Cascades and Dutch Brothers. Only Dutch Brothers was able to commit to sponsoring the event in 2007. The Arts Council staff worked forty-one hours at $30.25 per hour ($1,240.25) and printing of marketing packets at $46.15. . The Arts Council staff prepared grant applications to the Oregon Cultural Trust and the Oregon Community Foundation to assist with the cost of producing promotional materials to enhance our outreach to winter tourists. The Arts Council staff worked twenty-seven hour at a cost of $30.25 per hour ($816.75). There was a cost of $21.68 for postage. . Arts Council staff and volunteers prepared for and interviewed a candidate to sell advertising in the promotional materials. Staff worked six hours at $30.25 per hour ($181.50) on this project. . The Arts Council staff and a volunteer researched sponsor development to create appropriate promotional materials. The staff spent two hours at $30.25 hours (60.50) attending the event. Tuition for the training was $15.00. The total costs charged to the City of Ashland grant are $2381.53 Attached is a budget report of our expenses and a check for $2,618.47 that represents the funds that the Arts Council did not spend of our City of Ashland grant. Arts Council of Southern Oregon City of Ashland Grant - FY 07 FINAL REPORT BUDGET Item I I Amount II Explanation I I I Revenue I I City of Ashland Grant I 5,000.00 i I Expenses I I Staff 2,299.00 I 76 hours at $30.25 per hour Printing 46.15 Postage 21.68 II Tuition 15.00 I TOTAL EXPENSES 2,381.83 BALANCE RETURED 2,618.17 CITY OF ASHLAND r~' Application for Economic and Cultural Development Grant (Revised 1/27/05) Applicant/Organization: Arts Council of Southern Oregon Mailing Address: 33 N. Central Avenue Suite 300 City/Zip: Medford, OR 97501 Phone No.: 541-779-2820 Contact Person: Lyn Godsey, Executive Director Email of Contact Person: office@artscouncilso.or~ Alternate Contact Person: Jennifer Eufusia, Arts Ed Coordinator Alternate Contact Person Email: artsed@artscouncilso.or~ Phone No.: 541-779-2820 Organization Web Page: www.artscouncilso.or~ Federal Tax ID: 93-0665588 IRS Class (Exemption): 501 (c) 3 Grant Amount Requested (minimum $1,000): $12,500 PLEASE ANSWER THE FOLLOWING QUESTIONS COMPLETELY. USE ADDITIONAL SHEETS IF NECESSARY. 1. State the purpose of your organization and mission statement (found in your bylaws, articles of incorporation or subsequent board adopted mission statements). Founded in 1976, the Arts Council of Southern Oregon is an IRS 501 (c) 3, not-for-profit Oregon Corporation. Our mission is to serve the residents of Jackson and Josephine Counties and provide arts enrichment/education programs to children and families, support schools in making the arts a vital part of every child's education, advocate for artists and arts organizations, and promote the cultural development of Southern Oregon. We do this by: · Providing the highest quality of arts enrichment programs to schools · Partnering with local schools, school districts, education service districts, and institutions of higher learning on projects and programs that support arts education · Providing information and resources to artists, cultural organizations, and community members . Acting as an advocate for all the arts 2. Give the history of your organization. The Arts Council of Southern Oregon has enjoyed a rich, 30-year history as a Regional Arts Council. For more than 20 years, we have worked to provide the highest quality arts education and enrichment activities for the children and families in Jackson and Josephine Counties. Currently we serve over 10,000 children per year through our Artists in the Schools and Artists After-School programs. The Arts Council also serves as a provider of artist services including our monthly Arts Bulletin, On-Line Arts Directory, technical assistance to individual artists and arts organizations, and professional development programs for artists such as the Western Arts Management Institute (1980's) and the ARTrepreneurship Conference in April 2006. In January 2006, we expanded our programs to include the SOUTHERN OREGON SNOW SCULPTURE COMPETITION. The Carpenter Foundation, The Anna May Family Foundation, Bear Creek Corporation, Cow Creek Umpqua Indian Foundation, The Walker Family Fund, Oregon Arts Commission and others have repeatE~dly responded positively to our requests for funds. C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 1 of 7 3. State the purpose of your grant request and summarize the programs/events for which you seek funding). The $12,500 grant from the City of Ashland will help sponsor the marketing, bus shuttle and management of the OREGON SNOW SCULPTURE COMPETITION 2007 on Mt. Ashland January 23 - 282007. Snow Sculpture is a unique, temporary form of public art. Last year's local competition was a huge success. Skiers and visitors to Mt. Ashland were overwhelmed by the process, intricate detail and amazing results of the talented artists, including the Idaho State Team. The results for the 2006 Southern Oregon Snow Sculpture Competition included drawing a record number of skiers on January 28th, receiving substantial support from regional businesses and the media, and creating four, high-quality pieces of temporary public art. In 2007, seven teams consisting of three artists each will use their creativity, inspiration, and a few "allowed" hand tools to create pieces of art from monumental blocks of snow measuring 6 feet wide by 6 feet long by 10 feet tall. In addition, Ski Ashland and the Arts Council plan to add a statewide marketing campaign to encourage artists and visitors from throughout the state to participate in the OREGON SNOW SCULPTURE COMPETITION 2007. Proqram/Event Title Fundinq Request Oregon Snow Sculpture Competition 2007 $12,500 $ $ 4. How does your proposal benefit Ashland in regards to enrichment and activities of an economic or cultural nature? . The OREGON SNOW SCULPTURE COMPETITION 2007 will benefit Ashland by encouraging tourists to visit in January for the competition. . The OREGON SNOW SCULPTURE COMPETITION 2007 will benefit Ashland by providing high- quality, temporary public art for Ashland residents who visit Mt. Ashland. . The OREGON SNOW SCULPTURE COMPETITION 2007 will benefit participating Ashland artists by providing an opportunity to create, as a member of a team, three-dimensional art on a monumental scale. 5.What percentage (and equivalent dollars) of your request will be used in the following categories per Resolution 2004-32 (attached): 6. Section 2 of Resolution 2004-32: Percent Dollars a. Tourism Promotion* 60% $7,500 b. Economic Development by: 1. Responding to general inquiries about business in the city; 2. Providing assistance to existing small businesses; 3. Providing technical and financial assistance for the expansion of existing businesses; 4. Providing technical and financial assistance for the development of new businesses; or 5. Providing such other services and support to business as the city council may deem beneficial. c. Cultural Development 40% $5,000 TOTAL 100% $12,500 * Use the following ORS 305.824 to assist in developing your number C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 2 of 7 ORS.305.824 911 (3) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism- related facilities on or after July 2, 2003. (5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net revenue from the new or increased tax.... is used consistently with subsection (6) of this section to: (a) Fund tourism promotion or tourism related facilities; (b) Fund city or county services; or (c) Finance or refinance the debt of tourism-related facilities.... (6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes described in subsection (5) (a) or (c) of this section. No more than 30 percent of net revenue from a new or increased local transient lodging tax may be used for the purpose described in subsection (5) (b) of this section. (7) 'Tourism promotion' means any of the following activities: (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists; (b) Conducting strategic planning and research necessary to stimulate future tourism development; (c) Operating tourism promotion agencies; and (d) Marketing special events and festivals designed to attract tourists. (9) 'Tourism-related facility': (a) Means a conference center, convention center or visitor information center; and (b) Means other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. Tourism is defined as someone who travels 50 miles or more or who spends the night in Ashland to attend an event. 6. Please provide below or elsewhere a narrative or outline explaining what steps will be taken to accomplish each category's goals. Category A - Tourism Promotion · July 2006 Design and coordinate marketing campaign with Ski Ashland. Graphic artist designs four-color brochure and poster. · August 2006 During the month of August, 2006 Arts Council staff member Jennifer Eufusia will make a six day promotional tour of Josephine, Curry, Coos, Douglas, Lane, Klamath, and Shasta Counties making presentations to artists, regional arts councils, arts centers, ski industry, tourist industry, etc. Using the four-color brochure and a power point presentation, she will educate artists, tourism professionals, and the general-public about the unique beauty of snow sculpture and market the Oregon Snow Sculpture Competition at Mt. Ashland. Ms. Eufusia will collect contact information for everyone she meets to be used in future mailing campaigns. (Continued on page 8) 7.lf you do not receive the full amount of your request, how will you use a smaller amount of funds in each category? Category A - Tourism Promotion ($7,400) Our first priority in this category is providing the shuttle bus, and marketing for it, to residents and visitors. Our second is providing high-quality printed and electronic promotional materials about the Oregon Snow Sculpture Competition. Our last priority in this category would be the promotional trip to neighboring Counties in Oregon and California. Therefore we would eliminate or reduce the cost of the promotional trip first, the promotional materials second, and the shuttle bus last. (Continued on page 9) C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 3 of 7 8. How are you working to develop other sources of revenue? The Arts Council volunteers and staff will: · Solicit local businesses to sponsor blocks of snow and purchase advertising in the OREGON SNOW SCULPTURE COMPETITION 2007 program. ($16,500) · Solicit local businesses to develop in-kind donations of materials, lodging, food, transportation, marketing materials, etc. ($35,991) · Write grant proposals to the Jackson County Cultural Coalition ($1,500) and the Oregon Cultural Trust ($5,000) · Create a fund raising campaign to solicit individual donors ($2,500) and attendees at the Opening Banquet ($200). 9. Describe interagency/organization collaboration (briefly describe other organizations that you share or cosponsor services or programs. May include sharing of staff, facilities, equipment or program materials.) The Arts Council is currently collaborating with Ski Ashland to produce the Oregon Snow Sculpture Competition. Ski Ashland will provide the location for competition, grooms snow for construction of the seven, 20 ton blocks of snow, provides ski lift tickets to use as rewards for our volunteers, provides some meals for the artists, and will collaborate with the Arts Council in producing a state-wide marketing campaign for the OREGON SNOW SCULPTURE COMPETITION 2007. 10. What percentage of your total funding is requested in this grant? Please provide a budget for the other funding sources you receive compared to the budget for the funds received from the City of Ashland. The City of Ashland grant of $12,500 will be 5% of the Arts Council's proposed budget of $244,272 for FY 2007. 11. What percentage of your total expenditures goes toward your Ashland program/event? The Oregon Snow Sculpture Competition's budget of $74,191 is 30% of the Arts Council's total proposed budget of $244,272 for FY 2007. 12. The City of Ashland requires all grant recipients to provide the City with certification of General liability insurance in the amount of $500,000 or more, naming the City of Ashland its officers and employees as additional insured. Will you be able to provide this coverage? Yes C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 4 of 7 Name Address 13. Please list all Board members, t. occupations, and years on the board. Phone Term of Office Occupation Title Christine Reising 7401 S. Fork Little Butte Ck 541-826-9850 Retired Educator Eagle Point, OR 97524 Charlie Lewis 2329 E. Main Street Medford, OR 97501 Linda Merfeld 425 E. Main Street Medford, OR 97501 Ginger Casto 2688 Little Applegate Rd. Jacksonville, OR 97530 Suzy Lewis 2765 Favill Lane Grants Pass, OR 97526 Steve Preston 15 Winburn Way Ashland, OR 97520 Sue Slack 2316 Morada Lane Ashland, OR 97520 14. Please attach the following: President, 2 years through 8/06 541-608-6210 541-772-3300 Job Developer Secretary, 2 years through 8/06 SO Goodwill 541-772-3300 Executive Officer Treasurer, 2 years through 8/06 SO Goodwill Industries 541-899-9628 541-944-8176 Real Estate Broker Member, 2 years through 8/07 Keller Williams Reality 541-474-6348 541-772-3300 Retail Manager Member, 4 years through 8/07 SO Goodwill, Industries 541-482-3944 Visual Arts Teacher Member, 4 years through 8/05 North Medford High School 541-77 4-6003 Jackson County Administrator Past President, 6 years through 8/07 a. A copy of your 501 (c)3 letter, proof of your non-profit IRS status. b. A copy of your corporate bylaws. c. Financial statement showing previous year expenses and revenues. d. Current and projected budgets (total organization and individual program/s requesting funding) C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 5 of 7 City of Ashland Client Demographic Profile These statistics are to reflect clients/patrons for the last 12 months. Please use estimated percentages. The sum totals must equal 100%. Organization Name: Arts Council of Southern Oregon Program/Event Name: The City of Ashland Sponsored Artists in the Schools Residency Project Staff Contact: Lyn Godsey, Executive Director Office Location: 33 N. Central Aven ue Suite 300 Medford, OR 97501 Phone Number: 541-779-2820 E-mail Address: office@artscouncilso.orq I. o Client/Patron Age* Infants 0 to 4 years Youth 5 to 17 years Adult 18 to 39 years Adult 40 to 64 years Adult 65 and over Unknown Total II. Client/Patron Residence* 10,500 900 700 200 Ashland Rogue Valley Over 50 Miles Unknown Total 1,750 10,550 11,300 12,300 III. Staff Residence* Ashland PhoenixIT alent Medford Other Unknown Total 4_ 2 1 _12_ _19 IV. Of the Client/Patronage identified above, what percent do you estimate: traveled over 50 miles _0_ or stayed over night to attend your event?_O_ V. How do you track (or estimate) the statistics provided in IV? We didn't track visitors this year but will for 2007. We will use increase in hotel stays as one indicator. VI. Other C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application FOnTI.doc Page 6 of 7 CITY OF ASHLAND GRANTS PROGRAM BUDGET APPLICANT/ORGANIZATION: ARTS COUNCIL OF SOUTHERN OREGON PROJECT NO.: PROGRAM/EVENT TITLE: OREGON SNOW SCULPTURE COMPETITION 2007 PROJECT PERIOD: July 1, _06_ to June 30, _07_ REVENUE City of Ashland CDBG Funds $ City of Ashland General Funds $ 12,500.00 Jackson County Funds /Identify: $ Other State or Federal Funds /Identify: $ Other Funds /Identify: Local Business Sponsors & Advertisers $ 25,500.00 Individual Gifts & Attendance at Opening Banquet $ 2,700.00 Grants:Oregon Cultural Trust & Jackson Cnt. Cultural Coalition $ 6,500.00 In-Kind Donations $ 26,991.00 TOTAL REVENUE $ 74,191.00 EXPENDITURES A. PERSONAL SERVICES (List Employees by Position Title) Total Salaries % of time to project $ 1. Executive Director - 30 - % 10,800.00 2. Snow Sculpture Coordinator - 16 - % 3,358.00 3. Front Loader Operator % 1,500.00 4. In-Kind & Volunteer Labor % 9,216.00 Total Benefits $ 1. Health Insurance 1,393.00 2. Payroll Taxes & Workman's Comp Insurance, 2,007.00 3. Professional Development & Vacation 1,266.00 4. Parking 180.00 TOTAL PERSONAL SERVICES $ 29,720.00 B. MATERIALS & SERVICES: Office - Cash: Rent, phone, copies, internet, accounting, etc. $ 5,415.00 Artist & Volunteer - Cash: Food, Awards, Supplies $ 4,150.00 Marketing - Cash: Printing, Graphic & Web Designer, Bus, Trip $ 14,431.00 Staff & Artist Local Travel- Cash: $ 2,400.00 Liability Insurance $ 300.00 In-Kind: Food, Lodging, Travel, $ 17,775.00 TOTAL MATERIALS & SERVICES $ 44,471.00 C. CAPITAL OUTLAY (must constitute part or all of funded public service activity to be eligible expense) Equipment $0 Furnishings $0 Other capital expenses /Identify: $0 TOTAL CAPITAL OUTLAY $0 TOTAL EXPENDITURES (Sum of A, B & C) $ 74,191.00 C:\Documents and Seltings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 7 of 7 Attach additional pages if needed. 6. Please provide below or elsewhere a narrative or outline explaining what steps will be taken to accomplish each category's goals. (Continued from page 3) Category A - Tourism Promotion (Continued) . September 2006 Scheduling of the bus shuttle to Mt. Ashland on Saturday and Sunday of the event. . October - November 2006 Creation and distribution of the program for the event. It will contain advertising of local businesses as well as information about the Oregon Snow Sculpture Competition, the artist teams, sponsors for the event, in-kind and cash donors, and the Arts Council of Southern Oregon. The program will be distributed to local businesses, sponsors, etc. as well as mailed to Ski Ashland and Arts Council of Southern Oregon mailing lists. These lists will include visitors from outside the region and people who Ms. Eufusia met during her promotional trip in August. . December 2006 A four-color poster announcing the event will be produced and distributed throughout Jackson, Josephine, Curry, Coos, Douglas, Lane, and Klamath Counties. The poster will include information regarding the bus shuttle to Mt. Ashland that will be available Saturday and Sunday of the event. . January 2007 Media coverage of the Oregon Snow Sculpture Competition will include local press as well as the Curry, Coos, Douglas, Lane, Klamath, and Shasta Counties media. . February 2007 Evaluation of marketing for the Oregon Snow Sculpture Competition will be conducted. Included will be how many people rode the bus shuttle and where these people were from. Conduct a survey of local hotels to see how much their bookings increased from last year during this weekend. Category D - Cultural Development: . Spring & Summer 2006 Recruitment of volunteers begins. Planning and conducting solicitation of $14,000 in sponsorships. Solicitation of in-kind donations of lodging, meals, equipment, and transportation are secured. Selection of judges for the selection of artists and the winner of the competition. . July 2006 Call for artists and marketing materials (brochure & poster) are created. . August 2006 Call for artists is released. Promotional tour is conducted with the goal of attracting six applications from artist teams who do not live in Jackson County. . September 30, 2006 Deadline for artists application. Sponsors and advertisers must have material to graphic designer. . October 15, 2006 Announcement of seven artist teams. . November 1, 2006 Oregon Snow Sculpture Programs are released. . November & December, 2006 Artist travel, equipment organization, scheduling of volunteers for stomping of snow into blocks, security, and event hosts. . January 15, 2007 Equipment is moved to Mt. Ashland. . January 16 - 23,2007 Seven blocks of snow are created. . January 23, 2007 Snow Sculpture Banquet is held in the evening. . January 24, 2007 Morning orientation meeting is held for artists. Work begins on sculptures. . January 24 - 27, 2007 Seven teams of artists, 3 artists per team, create snow sculptures. Sculptures are completed by noon on Saturday, January 27th. C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 8 of 7 . January 28, 2007 Judging and award are presented. People's Choice award voting begins. . January 27, 2007 People's Choice award voting ends at 5:00 PM on Sunday. . January 29-31, 2007 Equipment is moved from Mt. Ashland. . February 2007 Winning Oregon Snow Sculpture Team attends National Competition 7.lf you do not receive the full amount of your request, how will you use a smaller amount of funds in each category? (Continued from page 3) Category D - Cultural Development ($5,000) The budget for producing the Oregon Snow Sculpture Competition reflects the cost of preparing for and producing such an event. We believe that our projected revenue is an optimistic one based on the success of our cash and in-kind donations for the Snow Sculpture Competition in 2006. Therefore, it could be difficult for our staff and volunteers to raise more in-kind or cash donations. If we do not receive full funding in this category, the Arts Council board of directors would need to evaluate the amount of in-kind and cash donations raised at its September 19th meeting to see if it is financially feasible for the Arts Council to sponsor the event in January, 2007. 8. How are you working to develop other sources of revenue? As an example of the success we expect to have in developing other sources of revenue, for the 2006 Southern Oregon Snow Sculpture Competition, the Arts Council received cash donations totaling $4,400 from: . Medford Arts Commission . Dutch Bros. Coffee . Modern Fan Company . Cynthia Naumes . Medford Fabrication . Ashland Homes Real Estate, Inc. And in-kind donations totaling over $20,560 from: . Windmill Inn & Suites of Ashland . Standing Stone Brewery Co. . Shop "N" Kart . Jackson Wellsprings . Jack's Board House . Lowdown Board Shop . Ashland Outdoor Store . Rogue Ski Shop . Heartsong Herbal Brewing Co . Market of Choice . The Village Baker . Bear Creek Cyclery . Ruthanne Bergt . Kiley Schwab . Julie Radtke . James Ward & Ginger Casto . Rogue Community College . The Living Gallery . Batzer, Inc. . Blackbird . The Great Outdoors . United Rental . Incite Visual Media . Pepsi . The Odd Corner . Mt. Shasta Spring Water . Evo's Coffee Lounge . GI Joes . Phoenix Clay & Steel Works C:\Documents and Settings\Lyn Godsey\My Documents\GOVERNMENT GRANTS\ASHLAND CITY GRANT\07 Grant Application Form.doc Page 9 of 7 RESOLUTION NO. 2004- 'b'L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING RESOLUTION 2004-11 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the city council recognizes that the source of monies for the Economic and Cultural Development Grant program is the Hotel/Motel Tax. SECTION 2. The following are the goals which the Economic and Cultural Development Committee is attempting to meet by granting money to applicants: a) Tourism Promotion. b) Economic Development by: ]) Responding to general inquiries about business in the city; 2) Providing assistance to existing small businesses; 3) Providing technical and financial assistance for the expansion of existing businesses; 4) Providing technical and financial assistance for the development of new businesses; or 5) Providing such other services and support to business as the city council may deem beneficial. c) Cultural Development. SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriatl~ thirty- three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural Development. The City of Ashland has determined that as of July 1,21003, $186,657 or ]4.23% oftotal Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased annually consistent with the estimated TOT revenues budgeted. The amount to be allocated annually to Ashland Chamber of Commerce (COe) and Oregon Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432 and $] 10,000, respectively, adjusted each year by the amount of inflation or deflation established in the Budget process. An additional amount of $160,000, adjusted each year by the amount of inflation or deflation established in the Budget process, will be grant<~d annually to COC for economic development projects in cooperation with City staff The allocations in this paragraph shall sunset after three years. Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF or other group during the budget process. The remainder of the monies budgeted for these grants may be allocated to grantees for activities fitting in any of the three categorit:s set forth in Section 2 of this Resolution. TOT Resolution 9/07/04 page I of 2 By January 31 of each year each recipient of grants under this resolution shall submit a report to the city council setting forth how the grant funds received were expended in furtherance of the goals set forth in Section 2. SECTION 4. The following guidelines and criteria are established for the Economic and Cultural Development Grants: a) Grantee shall be a 501 (c) non-profit agency. b) Grantee shall be a non-governmental agency. c) Grantee shall promote livability for the citizens of Ashland. d) The minimum grant proposal will be $1,000. e) The grant will benefit Ashland in regards to enrichment and activities of an economic nature. f) Grantee shall serve the population in Ashland but may encompass other venues in the Rogue Valley. g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply for and receive funds. SECTION 5. Resolution 2004-11 is repealed upon passage of this resolution. SECTION 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly ~(~ ~~ PA~PTED~2004 , Barbara Christensen, City Recorder fI./,M'!!I ~ SIGNED and APPROVED thisja(day ~ 2004: /' ~/~~ Alan DeBoer, Mayor TOT Resolution 9/07/04 page 2 of 2 Council Communication CITY OF ASHLAND Emergency Shelter Policy Meeting Date: Department: Contributing Approval: Estimate March 6, 2007 A inistration ents: Legal, Fire, Police and Parks Primary Staff Contact: Ann Seltzer ~ Ann@ashland.or.us Secondary Staff Contact: inutes Statement: The City of Ashland does not have a policy on providing shelter during extreme weather. City staff was asked to research the issue, identify opportunities and challenges of providing a shelter and to bring to the city council a draft policy. The attached resolution was developed based on requirements from the city's insurance company, guidelines used by the Congregational Church and input from police, fire, parks and legal. Staff Recommendation: Adopt the proposed resolution., Background: Ashland does not have a site identified as an emergency shelter during extreme weather. When possible, the Congregational Church has provided shelter during extreme weather conditions but is not always able to do so. In January, the city was asked to provide shelter space and the church offered to provide shelter staff. Pioneer Hall served as the shelter and volunteer shelter staff reported that the location worked well for the people who used the shelter. Council Options: . Approve the draft resolution. . Approve the draft resolution with changes. . Provide new direction to staff. Attachments: . Draft Weather Related Emergency Shelter Resolution 1 RESOLUTION NO. 2007- A RESOLUTION SETTING FORTH POLICIES AND CONDITIONS UNDER WHICH ASHLAND WILL PROVIDE EXTREME WEATHER RELATED EMERGENCY SHELTER HOUSING Recitals: A. Ashland is located in an area that has four distinct seasons and the winter season can have weather extremes that can be hazardous to persons without adequate shelter. B. The City of Ashland desires to set forth the conditions under which it will provide emergency shelter housing and the policies related to those staffing or utilizing such emergency shelter. THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. Provision of Emerqency Shelter. Ashland will provide emergency shelter under the terms and conditions set forth herein during times of extreme weather conditions. For purposes herein, weather conditions shall be considered extreme when outside temperatures are 200 F. or below or a combination of weather conditions, in the discretion of the city administrator, make conditions hazardous to human life without adequate shelter. SECTION 2. Terms and Conditions. 1) In the event of the need for an emergency shelter during extreme weather, the use of Pioneer Hall or other available city-owned building may be used. Previously booked groups in those locations may be subject to cancellation. 2) The shelter will be staffed by volunteers from nonprofit organizations or other organizations in the business of providing for the needs of persons. The city's insurance company requires organizations providing volunteers to provide a letter to the City of Ashland stating that all shelter volunteers have received appropriate training to staff a shelter and have passed criminal background checks. 3) Shelter(s) will open at 8:00 p.m. Doors will be locked at 9:00 p.m. Guests may leave the shelter but not re-enter after 9:00 p.m. Guests arriving at the shelter after 9:00 p.m. will not be admitted unless brought to the shelter by a police officer. All guests must vacate the shelter no later than 8:00 a.m. the following morning. 4) Insurance requires that separate sleeping space be designated for single men, single women and families. Appropriate signage must be displayed that warns against H:\Recent\Admin\Martha stuff\shelters\2 28 07 Emergency Shelter resolution.doc Page - 1 children being left alone. Buildings must have separate restrooms for men and women. 5) The shelter will contain an emergency box containing a first aid kit. Pioneer Hall does not have a telephone and shelter volunteers should bring their own cell phone in case of an emergency. SECTION 3. Emerqency Shelter Activation. Provisions for emergency shelter will be activated as follows: 1) City Administrator or designee determines that weather conditions constitute "extreme" and when he/she makes such determination they will contact the City's CERT Coordinator. 2) The CERT Coordinator will contact the Parks and Recreation to determine which facility or facilities will be used as emergency shelter. 3) The CERT Coordinator will contacts designated representatives from volunteer organizations to arrange for staff volunteers at the shelter. 4) Volunteers and guests are responsible for following the same cleaning requirements as other groups. SECTION 4. Emerqency Shelter Policies. Operation of the emergency shelters shall, to the greatest extent feasible, comply with the following policy guidelines: 1) Shelter services must be provided with dignity, care, and concern for the individuals involved. 2) The buildings used as a shelter will comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies, and must be maintained in a safe and sanitary condition at all times, 3) In all Shelters, there should be adequate separation of families and singles, and adequate separation of single women. 4) No drugs, alcohol, or weapons will be allowed in shelter property at any time. 5) No disorderly conduct will be tolerated. 6) No threatening nor abusive language will be tolerated. 7) No excessive noise will be tolerated, e.g. loud radios etc. 8) Smoking will be restricted to the outdoors in designated areas. H:\Recent\Admin\Martha stuff\shelters\2 28 07 Emergency Shelter resolution.doc Page - 2 9) All guests should maintain their own area in an orderly condition and may be assigned other responsibilities or tasks at the shelter. 10)There should be definitive arrival, check-in/check-out times, and restrictions on staying in the area of the Shelter. 11 )There should be at least two shelter volunteers on-site at all times when guests are there. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 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 H:\Recent\Admin\Martha stuff\shelters\2 28 07 Emergency Shelter resolution.doc Page - 3 CITY OF ASHLAND Council Communication An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020) Meeting Date: March 5, 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. rA' 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 lined 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 Policy. The proper operation of democratic government requires that public officials, including elected ofl1cials, 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 otlicials 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 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 llublic officials. B. Responsibilities of Public Office. fublic 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 llublic officials 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 of4 FILENAME \p G:r~cnldcr'CiILt oum;jLI'-"fJi,'hPa~,t Fiks',2(}Ub.2CiOT20u7.u i02DO\J[()RD - Lthics,dn,. Deleted: employees ,~_..... l Deleted: ,employees ....--., : Deleted:,::~ployees i Deleted: employees . Deleted: Employees l Deleted: employed ; Deleted: employees J I 0) : Deleted: be loyal , . ! Deleted: G:\legaIIMike\OrdinanceslEth ! ics Amendments Ord - 2.doe : Deleted: G'\legaIIMike\OrdinanceslEth i 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. 1. 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 disqualiJy the candidate for appointment except with reference to positions filled by appointment by the Mayor or Council. 2. Use of Public Propertv. No public ollicial 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 emplovment. 3. Obligations to Citizens. No public omcial shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen except as otherwise permitted bv law or ordinance. E. Contlict of Interest. Nqpublic omcial, 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 ofthatpublic ollicial's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that public otlicial's omcial 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... I. Incompatible Emplovment. 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 ofticial use such information to advance their financial or private interest, or the financial or private interest of others, 3. Gifts and Favors. Nopublic 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 (I) accept any gift, favor or thing of value that may tend to intluence 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 Citv 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 hoard or commission to which that official is appointed or in any action of proceeding before another board. commission or the City Council Page 2 of 4 FILEN AME \p <;i "l,<,:,<,:{)ll!<,:r',(,i !.y"c:(),U n c.i,lJ'Q,h,ts'.P,'t(;K,,,t,,I:i!<':5,'.,',tjl!,f>,:;;(t(l.7..;'Jtj}ct) 1"(i,:;;."PQ,Nf:.QBP"c,,[tI1;,,,gt'<; ~~~,!~~;--.- [ Deleted: "11lJ.'!'>~_.____ j l Deleted: employee ( Deleted: employee ( Deleted: employee's ( Deleted: employee's ( Deleted: the ( Deleted: of i Delet~d: employees G;'el~ted: ( Deleted: e [ Deleted: mployee [ Deleted: employee ( Deleted: employee ....../ ) ) --.J ) ) ) I -----.J {'"__.._..__________............ "__u__ ._.____.._......................._...... 1 Deleted: G:\legaIIMike\OrdinanceslEth ics Amendments Oed - 2.doc i Deleted: G'\legaIIMike\OrdinanceslEth I,-~.~~..~~~.~dments. doc . m....__...._......./ on a matter which came or will come hefore the hoard or commission to which that official is appointed. Nopublic 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 .puhlic onicial 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. ",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 onicial 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 otTicial ,;;hall promise an appointment to any municipal position as a reward for any political activity. I G. Aoolicability of Code - Emolovccs. 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 apply to the Citv Council for a determination. The official seeking a determination shall have the opportunity to present any facts thev deem relevant to the determination. Thev shall also have the opportunity to present any argumcnt they may have as to what thev deem an appropriate determination. The City Council. the Mayor or the City Administrator may request the City Attornev to provide an advisorv opinion bascd upon the facts presented. The determination of the Citv Council as to the applicabilitv of a provision of this code to a particular situation shall be final. Page 3 of 4 FILENAME Ip <;ir"<;"r,Ic(('itYC:Vq[),i1P~<;h"tsJ)"c"d.l'il,,,' 2!j(}6-:(I('7I.20'j7.,!J.((;~PQNJ QgI),[tlri,s.d"c, ( Deleted: employee ( Deleted: a ~Ieted: agency ( Deleted: employee ( Deleted: employee [ Deleted: employee ~ 1 J .J 1 j ( Deleted: n l Deleted: employee [ Deleted: employee ( Deleted: employee ( Deleted: (' .....w mmn... .__.........._....__......... i Deleted: G:IlegallMikelOrdinanceslEth : ics Amendments Oed - 2.doc I Deleted: G:llegallMikelOrdinanceslEth i" ics Amendments.doc < .......- .......j I. Definitions: 1) Employee ~ for the purposes of this section. the tcrm emplovce shall mcan one who is hircd and paid a wage or salarv to work for the Citv other than elected or appointed officials. 2) Appointed Ot1icial ~ for the purposes of this section. thc term "appointed official"' shall mean a person who is appointed to serve on one of the Citv's boards or commissions and shall also mean the Citv Administrator and City Attorney. 3) Elected Ot1icial - for the purposes of this section. clected otlicial shall mean one who is electcd bv the registered voters of the City of Ashland to serve the city and shall include: the Mavor. the city councilors. the city recorder. the municipal iudge and thc parks commissioners. \L Sanctions. ~ Violation of anv provision of this section. determined aftcr notice and an opportunity to be hcard. 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 FILENAME \p ~~.. Ic,nr,l,r'(itY(QYrr,iIJ'"sht::\~!'!lo,b,\j:ik~}!J\!t\,}(I(IT.;i}IJ7,u.U1.2j)QNIORP ,Jtlli."g,,<;,. [ Deleted: H Deleted: Violation of any provisions of this code should raise conscientious questions for the employee concerned 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 . r ! Deleted: G:\legaIIMike\Ordinances\Eth ~~mendments Oed - 2.doe I. Deleted: G:\legaIIMike\OrdinanceslEth ics Amendments.doc '-............________ m__..mm.__.__m_..~ 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 lined 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 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 employeespublic officials, whether paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all employeespublic 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 emplo)'eespublic officials in determining the proper course of action when faced with uncertainty regarding ~he 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 employeespublic officials. B. Responsibilities of Public Office. EmployeesPublic officials are agents of public purpose and are en~ployedengaged 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. Page 1 of5 FILENAME \p C:\DOCUME~I\franellm.OOO\LOCALS-l\Temp\Ethics Amendments Ord - 2PC- changes.docG: \1 egal\Mike\Ordinanees\EthieG i\.nlenaments. doc C. Dedicated Service. All empl()yee~;public officials of the City should be loyal 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. Employees 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 employeespublic officials unless prohibited from so doing by law or by officially recognized confidentiality oftheir work. D. Fair and Equal Treatment. 1. 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'employee 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 defmed benefit in compensation of employment. 3. Obligations to Citizens. No employeepublic 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. No employeepublic official. whether paid or unpaid, shall engage in any business or transaction or shall have a fmancial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that employee's public official's official duties in the public interest or would tend to impair independence of judgment or action in the performance of that employee'spublic 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. Nothing: herein prohibits a public officer from engaging in any business, profession or employment that is pennitted or required as regards the composition of a Board, Commission or Committee, (e.g. Planning Commissioners engaged in real estate pursuant to ORS 227.030 or Building Code Board of Appeals, rAMC 15.04.2001 members engaged in specific trades). Specific conflicts of interest are enumerated below for the-guidance of employees..;. 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 epublic official mployee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall any employee public official use such information to advance their financial or private interest, or the fmancial or private interest of others. 3. Gifts and Favors. No employee 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. Page 2 of5 FILENAME \p C:\DOCUME-I\franellm.OOO\LOCALS-l\Temp\Ethics Amendments Ord - 2PC- changes.docG: \1 egal\Mike\Drai naReesl,Ethi cs f.menameRts.aoo 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. No employee public official shall accept a retainer or compensation that is contingent upon a specific action by a-the City agency. 5. Contracts with the City. Any employeepublic 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 employeepublic official may be called to act in an official capacity. The employeepublic official shall refrain from participating in the transaction or the making of such contract or sale. Ail employeepublic 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 employeepublic 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 Council or other appropriate authority the nature and extent of such interest. 7. More Restrictive State Law Provisions. Nothing in this ordinance relieves or excuses public officers and employees from compliance with more restrictive state laws applicable to the particular public position. (e.g. Planning Commissioners are subiect to more restrictive Conflict ofInterest Provisions pursuant to ORS 244.135.) 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 employecpublic 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 Page 3 of5 FILENAME \p C:\DOCUME-I\franellm.OOO\LOCALS-l\Temp\Ethics Amendments Ord - 2PC- changes.docG: \1 egal'J>,f ike\Ordi HaFlce~;\,Ethies AmendmeFlts. dOG 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 applicability of a provision of this code to a particular situation. they should apply to the Mayor 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 i\dministrator may request the City Attorney to provide an advisory opinion based upon the facts presented. The determination of the Mayor Gft.y Council as to the applicability of a provision of this code to a particular situation shall be final. unless a maiority of the Council calls up the detern1ination for review by the full Council at the meeting following the determination.. 1. Definitions: 1) Employee - for the purposes of this section. the term employee shall mean one who is hired 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 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 iudge and the parks commissioners. III. Sanctions. Violation of any proyisioflS of this code should raise conscientious questions for the employee eoncerned as to whether v0luntary resignation or other aetion is indicated to promote the best interest of the City. 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, ,2006, Section 2(C) of the City Charter on the day of day of ,2006. and duly PASSED and ADOPTED this Barbara Christensen, City Recorder day of ,2006. SIGNED and APPROVED this John W. Morrison, Mayor Reviewed as to form: Page 4 of5 FILENAME \p C:\DOCUME~I\franellm.OOO\LOCALS~I\Tcmp\Ethics Amendments Ord - 2PC- changes.docG: \1 egal\M. ike\Ordinancec;\Etnies .^.mendments.doe Michael W. Franell, City Attorney Page 5 of5 FILENAME \p C:\DOCUME-I\franellm.OOO\LOCALS-l\Temp\Ethics Amendments Ord - 2PC- changes.dacG: \1 egal\M ilce\OrdiRaRcec\Ethi (]~; /\.men dmeRts. doc CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING SECTIONS 10.30.005, 10.30.020 A. AND 10.30.030 A. OF THE ASHLAND MUNICIPAL CODE ADDRESSING OUTDOOR BURNING AND REQUIRE. MENTS FOR PERMITTED FIRES. Meeting Date: March 6, 2007 Department: Fire Contributing Dep Approval: Primary Staff Contact: Margueritte Hickman E-mail: hickmanm@ashland.or.us Secondary Staff Contact: Keith Woodley E-mail: woodleyk@ashland.or.us Estimated Time: 30 minutes Statement. During the September 19,2006, City Council meeting, the Department of Environmental Quality made a presentation regarding the concern for the levels of particulate matter throughout the County and requested that the City of Ashland consider a ban on open burning. At this time, City Council requested staff to return with an ordinance which would ban open burning. Background: Ashland Municipal Code 10.30 establishes Controls on Open Burning, which are enforced by the City's Fire Marshal. The current ordinance allows open burning from March 1 until the beginning of fire season and in the fall from the end of fire season for two weeks. Fire Season typically begins between May 15 and June 1 and ends about mid-October. The burning of dry, woody debris is permitted in a person's backyard and for the purposes of forest fire fuel reduction. Products allowed to be burned under the open burning ordinance are limited to dry, woody debris and prohibits stumps, leaves and grass. Burning of products that are the result of land clearing for development is not permitted. A permit from Ashland Fire & Rescue is required for any open burning, pile size is limited and specific fire safety measures are required to be implemented. Burning is only allowed to occur on a day when the Jackson County Ventilation Index is greater than 400. A survey of debris burning for the last three years indicates that the number of permits being issued annually is decreasing. It appears that homeowners are using other disposal methods for yard debris. In 2004, 138 permits were issued, in 2005, 112 permits were issued, and in 2006,90 permits were issued. Approximately 90% of the permits are issued in the spring and approximately 70% of the permittees use their permit. About half of the permits issued are on land in the wildfire hazard zone. DEQ's open burning restrictions do not apply to fires permitted for the prevention or elimination of a fire hazard. While chipping woody debris is recommended as an alternative to burning, there are some properties where locating a chipper on site would be impractical if not impossible. Over the past five years, of the 190 acres of land that were treated for wildfire fuels reduction, 137 acres or 71 % of the lands that were treated were inaccessible to a chipper. On these lands, bum permits were issued to help reduce the fire hazard. rA' " , The draft ordinance was presented to the Forest Lands Commission. The Commission agreed with the wildfire mitigation strategies of the proposed burning ordinance and suggested that burning of noxious weeds be included in the permitting process. Prescribed fire is an effective tool not only for reducing wildfire fuel loads, but for maintaining the ecological resiliency of our forests. Fire has an important role in the health of forest ecosystems through recycling of nutrients, reducing competition, and inhibiting disease. Burning can be an important tool to eliminating the seeds of noxious weeds and plants, and DEQ's open burning restrictions do not apply to official weed abatement activities. In some circumstances, it would be impractical to use other methods of weed removal. For example, hand-pulling a field of star thistle may be impractical; however the burning of the standing star thistle would prove efficient and effective. While permits have been issued infrequently in the past for noxious weed burning, a $30,000 grant application has been submitted to aggressively approach noxious weed abatement in the City of Ashland. The attached ordinance, would allow open burning for the prevention of wildfire hazard and noxious weed abatement activities, but prohibits all other open burning. Ashland Fire & Rescue currently issues permits for any activity which requires the use of an open flame with the exception of barbecues, designated campfire rings in Lithia Park, and outdoor fireplaces meeting the specifications of Ashland Fire & Rescue. Examples of permits issued include fire dancing, North Mountain Park Salmon Bake, sweat lodges, candlelight vigils, campfires for public events, and religious or ceremonial events. The proposed ordinance included with this council communications does not include changes in these activities. Related City Policies: AMC 10.30 - Controls on Open Burning Oregon Fire Code adopted by AMC 15.28 Council Options: Staff proposes the following four options for the Council's consideration: Option #1 Continue to allow open burning for the purpose of wildfire fuel reduction and noxious weed abatement throughout the City of Ashland. Burning of yard clippings or other materials would be prohibited. Option #2 Continue to allow open burning only for the purpose of wildfire fuel reduction and noxious weed abatement in the Wildfire Hazard Zone. All other open burning is prohibited. Option #3 Prohibit all open burning throughout the City of Ashland including backyard trimmings, wildfire fuel reduction, and noxious weed abatement. Option #4 Implement no change from the current practice. Staff Recommendation: Staff recommends the adoption of Option #1. This allows the City of Ashland to meet the request of the DEQ, remains consistent with Fire Department & Forest Lands Commission goals to reduce wildfire hazard, promotes noxious weed abatement strategies and continues the direction of the City r~' Council to the fire department earlier this year to address fire prevention measures which allow for a safer community. Potential Motions: Motion to adopt AMC 10.30 - Controls on Open Burning Attachments: . An Ordinance Amending Sections 10.30.020 A. And 10.30.030 A. of The Ashland Municipal Code Addressing Outdoor Burning And Requirements For Permitted Fires . AMC 10.30 - Controls on Open Burning . Oregon DEQ Website . Wildfire Hazard Zone Map - East side & West side r., ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 10.30.005, 10.30.020 A. AND 10.30.030 A. OF THE ASHLAND MUNICIPAL CODE ADDRESSING OUTDOOR BURNING AND REQUIREMENTS FOR PERMITTED FIRES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are lined through and additions are underlined. SECTION 1. Section 10.30.005, of the Ashland Municipal Code is amended to read as follows: 10.30.005 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Fire Chief' means the City of Ashland Fire Chief or the Chiefs representative. B. "Campfire" means any fire for cooking located outside of a building or recreational vehicle. C. "Outdoor fire" includes any fire except a fire for cooking. D. "Person in charge" means a person or a representative or an employee of a person who has lawful control of the site of the fire by ownership, tenancy, official position or other legal relationship. E. "Ventilation index" means the National Weather Service's indicator of the relative degree of air circulation in the Rogue Valley. F. "Noxious Weed" means any plant classified by the Oreqon State Weed Board that is iniurious to public health. aqriculture. recreation. wildlife. or any public or private property. SECTION 2. Section 10.30.020 A. of the Ashland Municipal Code is amended to read: SECTION 10.30.020. Period When Outdoor Burning is Authorized. A. After a permit is obtained from the Fire Chief, outdoor fires are authorized from March 1 until fire season is declared, and for a period of two weeks immediately following the termination of fire season, when the ventilation index is over 400 and fire fuel conditions are conducive to safely burning. Permits shall only be issued for the purpose of forest fire fuel reduction or noxious weed manaqement. SECTION 3. Section 10.30.030 A. of the Ashland Municipal Code is amended to read PAGE 1 - OUTDOOR BURNING ORDINANCE C:\DOCUME-1\shipletd\LOCALS-1\Temp\Outdoor Burning Ord.docOrd. as follows: SECTION 10.30.030. Requirements for Permitted Fires. All outdoor fires permitted under this chapter shall comply with the following requirements: A. All fires shall conform with ^rticle 11 of the Uniform Fire Code Section 307 of the Oreqon Fire Code. SECTION 4. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that Sections 4 thru 5, unincorporated Whereas clauses and boilerplate provisions need not be codified. 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 ,2007, and 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 PAGE 2 - OUTDOOR BURNING ORDINANCE C\DOCUME-1\shipletd\LOCALS-1\Temp\Outdoor Burning Ord.doc CHAPTER 10.30 CONTROLS ON OPEN BURNING SECTIONs: 10.30.005 Definitions. 10.30.010 Outdoor and Indoor Burning Restricted. 10.30.020 Period When Outdoor Burning is Authorized. 10.30.030 Requirements for Permitted Fires. 10.30.040 Permits Required. 10.30.050 Enforcement and Penalties. SECTION 10.30.005 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Fire Chief' means the City of Ashland Fire Chief or the Chiefs representative. B. "Campfire" means any fire for cooking located outside of a building or recreational vehicle. C. "Outdoor fire" includes any fire except a fire for cooking. D. "Person in charge" means a person or a representative or an employee of a person who has lawful control of the site of the fire by ownership, tenancy, official position or other legal relationship. E. "Ventilation index" means the National Weather Service's indicator of the relative degree of air circulation in the Rogue Valley. SECTION 10.30.010 Outdoor and Indoor Burning Restricted. A. No person shall start or maintain any outdoor fire except as authorized in this chapter. B. No person in charge shall cause or knowingly allow any outdoor fire to be started or maintained on any part of such premises, except as authorized in this chapter. C. Except for religious fires, any outdoor fire authorized in this chapter shall only be used to bum woody debris such as limbs or branches. No person shall start or maintain any outdoor fire authorized in this chapter in a barrel. D. No person shall start or maintain any campfire except as provided in this chapter. It is an affirmative defense to a prosecution of any charge under this subsection that the campfire was authorized by the person in charge.(Ord. 2822 S2, 1998) SECTION 10.30.020 Period When Outdoor Burning is Authorized. A. After a permit is obtained from the Fire Chief, outdoor fires are authorized from March I until fire season is declared, and for a period of two weeks immediately following the termination of fire season, when the ventilation index is over 400 and fire fuel conditions are conducive to safely burning. B. Outdoor fires are permitted on any day of the year the ventilation index is over 400 if fire fuel conditions are conducive to safely burning and the outdoor fire is for the purpose of burning a structure or other use of fire for training purposes by the Fire Department or under supervision of the Fire Department; C. Religious fires are permitted on any day of the year after notice of the specific date to the Fire Chief and provided that all safety precautions required by the Fire Chief are met. D. Campfires in areas designated by the Park Commission are permitted in Lithia Park on any day ofthe year except during periods of extreme fire danger. (Ord 2905, Amended, 01/20/2004; Ord 2857, Amended, 11/21/2000) SECTION 10.30.030 Requirements for Permitted Fires. All outdoor fires permitted under this chapter shall comply with the following requirements. A. All fires shall conform with Article 11 of the Uniform Fire Code. B. Except for religious fires, all fires shall occur during daylight hours only and shall be extinguished prior to darkness unless continued burning is specifically authorized by the Fire Chief. C. All fires shall occur only in the presence of an adult person who shall constantly monitor the fire. SECTION 10.30.040 Permits Required. An outdoor fire permit is required for all outdoor fires authorized under this chapter. The Fire Chief shall have the authority to issue such permits. Except for religious fires the Fire Chief shall have the authority to establish and assess a fee for any necessary investigation, inspection and processing of each permit. The fee shall not exceed the actual cost of the investigation, inspection and processing. A. Upon receipt of a request for a permit and the required fee, the Fire Chief shall undertake whatever investigation deemed necessary. Based on this investigation, the Fire Chief shall approve the permit only when it is determined the fire does not constitute a hazard and that steps have been taken to assure reasonable public safety. In addition, the Fire Chief may deny a permit for fires allowed under Section 1O.30.020.B if it is determined that the debris proposed for burning has a high moisture content and would bum better after a period of aging. SECTION 10.30.050 Enforcement and Penalties. A. Any person, firm or corporation, whether as a principal agent, employee or otherwise, violating or causing violation of any of the provisions of this ordinance, has committed an infraction, and upon conviction thereof, is punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person, firm or corporation is guilty of a separate violation for each and every day during which any violation of this Title is committed or continued by such person, firm or corporation. B. Outside burning without a permit or a campfire in violation of this chapter is a public nuisance and may be summarily abated by the Fire Chief, Chief of Police, or their representatives. (Ord. 2535, 1989;2637,1991,2671, 1992; Ord.27l7, 1993) Oregon DEQ Air Quality: Open Burning: Breathe Easier - Learn Not to Bum G M t:nat. Irru.... Enforcement Permit Handbook . Permit Application Status Consumer Corner Rules and Laws G , !xl !xl I !xl t1Qme > Air Quality> Burning and Smoke Information> Open Burning Open Burning The air pollution created by open burning can irritate eyes and lungs, obscure visibility, soil nearby surfaces, create annoying odors or pose other nuisance and health threats. Because of the problems created by this activity, open burning is restricted in selected parts of the state based on population growth and availability of alternatives. If you choose to burn, you are responsible for any fire, smoke or odors created from open burning and for any damage that results from your fire. [!xl G I !xl Contact Page 1 of 3 file://C:\Documents and Settings\shipletd\Local Settings\Temp\Oregon DEQ Air Quality... 2/22/2007 Report Illegal burning You can report illegal burning activity by calling your local DEQ office or in Lane County the Lane Regional Air Pollution Control Authority at (541) 726-1930. To find out how open burning is restricted in your area, choose your county from the list below. Baker [. SU~rnit.J Cities, counties and local fire9j~trict$ also have their own restrictions on open burning. Always check with your local fire department before you burn. Choose Alternatives to Open Burning . Recycle paper products whenever possible . Dispose of waste at your local landfill rather than burn it . Yard debris, including grass, leaves and branches can be com posted or mulched . Reuse old lumber whenever possible Situations Where Open Burning is Allowed The following types of fires are not restricted by DEQ: . Recreational fires and ceremonial fires where a fire is Oregon DEQ Air Quality: Open Burning: Breathe Easier - Learn Not to Burn Page 2 of3 appropriate and is not used for disposal purposes . The operation of barbecue equipment . Fires set or permitted by a public agency for official duties associated with weed abatement, prevention or elimination of a fire hazard, a hazard to public health or safety or the instruction of employees in the methods of fire fighting . Fires set for instruction of employees of private industrial concerns in methods of fire fighting or civil defense instruction . Fires set for the disposal of dry tumbleweed plants that have been broken off, and rolled about, by the wind . Fires set to burn waste associated with an agricultural operation. An agricultural operation is defined as an activity that involves the raising, harvesting or selling of crops, livestock or poultry or their produce. The activity must either show a profit or intend to show a profit to qualify. . Burning for agricultural disease or pest control when authorized by the Oregon Department of Agriculture. . Burning of carcasses of animals that have died or been ordered destroyed because of an animal disease emergency Burn Smart Use good burning practices to promote efficient burning and prevent excessive smoke: . Assure that all combustible material is dried to the extent practicable. This includes covering the combustible material when practicable to protect the material from moisture including precipitation or dew. . Loosely stack or windrow the combustible material to eliminate dirt, rocks or other noncombustible material and to promote an adequate air supply to the burning pile. . Periodically restack or feed the burning pile to ensure that combustion is robust and completed efficiently. Open Burning Definition Open burning is defined in OAR 340-264-0030 as: . Burning in open, outdoor fires; . Burning in burn barrels; . Burning in incinerators that do not meet the emission limitations specified for solid and infectious waste incinerators in OAR 340-230-0100 through 340-230-0150; and . Any other outdoor open burning where combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney file://C:\Documents and Settings\shipletd\Local Settings\Temp\Oregon DEQ Air Quality ... 2/22/2007 Oregon DEQ Air Quality: Open Burning: Breathe Easier - Learn Not to Bum Page 3 of3 DEQ Online is the official Web site for the Oregon Department of Environmental Quality. 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I( (.~. .~~~~::::'~~.. ..,..~~.'~N'~.'~. - '" ,r;:'~.~, ;.;;, "',;,y ~ ,.., '::,r,.;,' 8~__ I "< .::: _ ..:;= / A ; ~~:~= ~''''' ,:,-,::.~'K.~ n-....~. --:;'''~, -; ~ ~ CITY OF ASHLAND WILDFIRE HAZARD ZONE MAP HOMES IN POTENTIAL DANGER ~ ,/, . ) (', KEY ~ - Streams ~ D Streets Taxlots ~ E::I City Limits ~ Wildfire Zone ..'" D wildfire_houses 'K ~'K . ,.-.~ " )-- .&.1': n, .K c' ...lour l I!~ I I 0.125 0,25 Miles ;.':~' I ~ ~ ~ I"" - I- ~ - I "_ 11 ...~, _ Jl ~- D ~_. ._~ II Council Communication W oodstove Change out Ordinance Meeting Date: Department: Contributing Depart. Approval: March 6, 2007 Electric & Conservation Community Deve ent Martha Benne ~,\ .., \ " Primary Staff Contact: Dick wanderscheiclj\4/,t' ) 552-2061 wandersd@ashland.or.us ~ Secondary Staff Contact: Robbin Pearce, 552-2062 pearcer(lV,ash land.or. us Estimated Time: 20 minutes Statement: The State Department of Environmental Quality(DEQ) has requested that Jackson County and all municipalities in Jackson County, Air Quality Maintenance Area(AQMA) adopt local ordinances that require non-certified wood stoves be removed upon change of ownership of the residence. Staff has identified two alternative approaches to achieving this goal. Background: The Jackson County AQMA has had non compliance issues with State and Federal air quality standard for a number of years. There have been many actions that local and state governments have implemented which have made significant progress on cleaning up the air. These include inspection and maintenance for vehicles, open burning restrictions, wood stove curtailment ordinances, air quality advisories and air quality controls on industry. These programs have allowed the AQMA to meet PM 10 standards for the last few years. However, the EPA in December adopted new PM 2.5 standards, which are more stringent and could cause the AQMA to again violate Federal standards. In September, the Oregon DEQ staff attended the Ashland City Council meeting and requested that the City adopt a ban on open burning and also an ordinance that would require that non-certified woodstoves be removed from a home when the home changes ownership. The subject of this communication is the woodstove ordinance. The cities of Medford, Talent, Jacksonville and Jackson County have already adopted this woodstove change out ordinance and according to local DEQ officials Eagle Point and Central Point are also working on passing local change out ordinances. Senate Bill 338 has been introduced into the 2007 legislative that would, among other things, require removal of non-certified stoves upon the sale of a home in all parts of the state. This bill while supported by DEQ, is not actually being sponsored by them. At the Council meeting in September 2006, staff was directed by Council to develop a local change out ordinance and bring it back to the Council for consideration. That is the purpose of this communication. Related City Policies: The conservation element of the City's Comprehensive Plan and the Valdez Principles both support city initiatives that improve air quality. Council Options: Option 1: Adopt the attached ordinance that would require non-certified wood stoves to be removed when a property changes ownership. Staff has discussed various ways to implement such an ordinance. The City of Bend has had a similar ordinance on the books for 10 years and they rely 1 on the real estate industry to implement its provisions. They also respond to complaints and they feel that they have high levels of compliance resulting from their approach. The City of Jacksonville relies on the same approach and they also feel that they are getting good compliance with the requirement. Since Ashland will need to determine how best to implement the ordinance provisions, staff has been discussing the optimal way to ensure compliance with the proposed ordinance. The approach used in Bend and probably other areas of Jackson County places the burden of implementation on the real estate industry. The City would need to do some outreach and education early on but a major ongoing staff commitment probably wouldn't be necessary if the City were to pursue this approach. On the other hand, since the City typically doesn't get involved in property sales transactions, for a more aggressive approach, we would need to initiate a whole new process with Jackson County which would enable the City to be informed of sale transactions and then develop some kind of notification and possibly inspection program during the sale process. While it is impossible to know at this point how much staff time would be involved it is safe to say that it probably at least a .1FTE, especially during periods of high residential real estate activity. The Conservation Division, would be the implementer of this kind of enforcement and any time taken up by this work would displace ongoing conservation activities. Because there is a possibility that passage of SB338, would make this a state law, the City could adopt the ordinance now, enforce it by educating real estate firms, and re-evaluate our efforts after the outcome of Senate Bill 338 is known. Option 2 Defer passing an ordinance at this time and wait to learn the fate of SB338, which would make woodstove change out a state law and preclude the need for a local ordinance. The advantage of this approach is that no staff time would be involved in enforcement of the requirement. The main disadvantage is that the number of homes that change ownership, that would be required to remove the non-certified stove, would not be subject to the law until it became effective which could at last 6 months from now. Also if SB338 doesn't pass, then the City would need to consider a local ordinance after the 2007 session ends in June. Staff Recommendation: Staff recommends that the Council adopted that attached ordinance. Implementation of the ordinance would be done by informing the real estate community of the requirement. The City could then monitor SB338 and if it doesn't pass could devise a more staff intensive implementation procedure to ensure compliance. If SB338 does pass and removal becomes a state law, implementation probably would not require much city effort. Potential Motions: Move to adopt the attached ordinance which requires removal of non-certified woodstove upon change of ownership. Attachments: W oodstove Removal Ordinance, Disclosure Certificate, Removal Certificate 2 ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 9.24 TO REQUIRE REMOVAL AND DISPOSAL OF NON-CERTIFIED WOODSTOVES AND FIREPLACE INSERTS UPON CONVEYANCE OF REAL PROPERTY, REQUIRING DISCLOSURE AND REMOVAL CERTIFICATION Annotated to show deletions and additions to the code sections being modified. Deletions are linod through and additions are underlined. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.24.010 of the Ashland Municipal Code is amended to add the following two new definitions lettered "A" and "C" and to re-Ietter the remaining definitions as follows: 9.24.010 Definitions For the purposes of this Chapter, the following definitions apply: A. "Conveyance of Real Property" means the transfer of title to real property from one person or entity to another by any transfer means whatsoever. includino but not limited to a transfer by deed, land sale contract. foreclosure. inheritance. bankruptcy or other action at law. For purposes of this ordinance a lono term lease of ten years or more, with or without an option to purchase, shall be considered a conveyance of real property under this ordinance. A revocable inter vivos (Iivino) trust shall not be deemed a conveyance. 6.. A "High pollution period" means a period of time commencing three hours after initial designation as a red or yellow day by the Oregon Department of Environmental Quality (further referred to in this chapter as DEQ) or the Jackson County Department of Health and Human Services. In the event more than one consecutive days are designated as red or yellow, they shall all be considered a part of the same period. C. "Non-Certified Woodstove" or "Fireplace Insert" also referred to as "non-certified device(s)". means a residential space heatino device that has not been certified by either the Oreoon Department of Environmental Quality. (DEQ) or the U.S. Environmental Protection Aoency (EPA) as complyino with smoke emission standards. such as those referenced in the definition of Oreoon Certified Stove below. For purposes of the requirements of Section 9.24.055 below, "Non-Certified Wood stove" or "Fireplace Insert" does not include: 1. Exempt Devices. meanino heatino devices exempt from certification requirements under the applicable Oreoon or federal rules, includino but not limited to pellet stoves. 2. Cook Stoves. meanino indoor wood burnino appliances the primary purpose and desion of which is to cook food. Non-Certified Wood stove Fireplace Insert Removal Page 1 of 3 3. Antique wood stoves. meanina a wood stove manufactured before 1940 with ornate construction and a current market value substantially hiaher than a common wood stove manufactured in the same time period. 4. Fireplaces not used for heatina purposes. SECTION 2. A new Section 9.24.055 is hereby added to the Ashland Municipal Code and shall read as follows: 9.24.055 Removal and Disposal of Non-Certified Woodstoves and Fireplace Inserts. A. PROHIBITION. It shall be unlawful and a violation of the Ashland Municipal Code. for the Conveyance of Real Property to occur for any real property located within the City of Ashland in violation of the requirements of this Section. includina specifically documented compliance with the Disclosure. RemovallDisposal and Certification requirements set forth herein. Notwithstandina the fine limitations of AMC Section 1.08.020. the fine for violation of any provision of this Section shall be a minimum of $250.00 and a maximum of $1000.00. excludina any required state and local assessments. DISCLOSURE. The Seller of any real property located within the City of Ashland shall disclose to potential buyers as part of the seller's written property disclosure for the Conveyance of Real Property. the existence of any and all certified or non-certified wood stoves. fireplaces and fireplace inserts. The disclosure to the buyer shall be evidenced by a Disclosure Certificate executed bv the seller with receipt acknowledaed by the buyer. with seller certifyina under penalty of periury and false swearina. whether any of the wood stoves or fireplace inserts present on the real property are non-certified or otherwise nonconformina as to use or applicable emission standards. The Disclosure Certificate shall be executed prior to. or concurrent with closina. reaardless of the manner of closina of any real estate transaction. and prior to any transfer of title involvina real property located within the City of Ashland. Seller and Buver shall use the standard Disclosure Certificate form adopted by Resolution of the City Council. as such certificate may be amended from time to time. B. REMOVAL AND DISPOSAL. Except as otherwise provided for herein. all non-certified wood stoves and fireplace inserts shall be permanently removed from buildinas or structures located on real property within the City of Ashland on or before the Conveyance of Real Property containina such non-certified devices. If the seller has assumed responsibility for removal. then such removal shall be completed on or before the closina date or title transfer date of the real property. whichever occurs first. If the Buyer has assumed responsibility for removal. or should the seller fail to remove the non-certified device(s). for any reason whatsoever. then buyer shall complete the removal within thirty (30) calendar days after c10sina or title transfer date. whichever is earlier. Proper disposal of the non-certified device(s) shall be evidenced by a receipt from a DEQ reaulated landfill or a business licensed to recycle scrap metal. The removal of the non-certified device(s) shall be evidenced by a Removal Certificate executed by the buyer. with buyer certifyina. under penalty of periury and false swearina. that all non-certified devices referenced on the Disclosure Certificate have been removed and properly disposed of as required in this Section. The Removal Certificate shall be executed by buyer as early as possible after removal and disposal but in no case more than thirty (30) days after c10sina or transfer of title. Within thirty (30) days of the c10sina or transfer of title date. the buyer or buyer's Non-Certified Wood stove Fireplace Insert Removal Page 2 of 3 desiQnee. shall submit a true COpy of the executed and acknowledQed Disclosure Certificate and Removal Certificate and receipt for disposal to: City of Ashland Conservation Division Community Development Center 51 Winburn Way Ashland. OreQon 97520 Buyer shall use the standard Removal Certificate form adopted by Resolution of the City Council. as such certificate may be amended from time to time. SECTION 3. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that Sections 3 thru 4, unincorporated "Whereas clauses" and boilerplate provisions need not be codified. 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 , 2007, and 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 Non-Certified Wood stove Fireplace Insert Removal Page 3 of 3 DISCLOSURE CERTIFICATE NON-CERTIFIED WOOD STOVE /FIREPLACE INSERT Real Property Address: The undersigned Seller hereby discloses to the undersigned Buyer the presence of a wood stove(s) or ftreplace insert(s) located on the above-described real property. The wood stove(s) or ftreplace insert(s) is generally described as (make, model #): The wood stove(s) or fireplace insert(s) is: 0 Certified; or 0 Non-certified Seller and the Buyer understand that the City of Ashland's Municipal Code Section 9.24.055 requires non-certified wood stoves or ftreplace inserts be removed from buildings or structures located on the above-described real property upon Conveyance of Real Property, as defined by local ordinance; While generally in a real estate contract, the Seller will have responsibility for the removal of the non-certified wood stoves or ftreplace inserts, the Seller and Buyer may agree in writing that the Buyer will assume responsibility for removal and proper disposal of the non-certified devices pursuant to local ordinance. Notwithstanding any contractual allocation of responsibility, in the event a Seller fails to remove such non-certified devices for any reason whatsoever, the undersigned Buyer shall have the ultimate responsibility to remove the non-certified devices within the time limits specified by local ordinance. The responsibility for removing any non-certified wood stoves or ftreplace inserts shall be: 0 Responsibility of the Seller 0 Responsibility of the Buyer The Seller and the Buyer also understand that this Disclosure Certificate must be executed by the Seller and acknowledged by the Buyer prior to closing or transfer and delivered to the City of Ashland with the executed Removal Certificate and receipt evidencing proper disposal. Failure to comply with the Disclosure, Removal, Disposal and Certificate requirements of AMC 9.24.055 is punishable by a fine of not less than $250.00 and not more than $1000 as well as Court or Administrative proceedings to enforce the removal requirement. Under penalty of Perjury and False Swearing, the undersigned Seller represents that he/ she has read the forgoing document and that the statements and certifications hereon are true and correct. Seller Dated STATE OF OREGON ) )ss. County of Jackson ) The forgoing instrument was acknowledged before me on , by , who represents that he or she is the owner of the above referenced property, or if the property is owned by an entity, represents that he or she is duly authorized by the entity to represent the entity is the owner of the property. Notary Public for My Commission Expires: The undersigned Buyer acknowledges receipt of the Disclosure Certificate and acknowledges Buyer's ultimate responsibilities for removal of non-certified devices under AMC 9.24.055. Buyer Dated G:\legal\Richard\PubWrks\Wood Stove Ordinance APPENDIX A-.doc REMOVAL CERTIFICATE NON-CERTIFIED WOOD STOVE/FIREPLACE INSERT Real Property Address: The undersigned Owner of the above-referenced real property hereby certifies and declares that all non-certified wood stoves and fireplace inserts, including those specifically identified on the attached Disclosure Certificate, have been permanently removed from the buildings and structures on the above-referenced real property, said devices have been properly disposed of, as evidenced by the attached disposal receipt, and such devices shall not be replaced except with Oregon certified devices. I, the undersigned Owner, hereby declare under penalty of perjury and false swearing that I have read the foregoing document and that the statements hereon are true and correct. Dated Owner STATEOFOREGON ) )ss. County of Jackson ) The forgoing instrument was acknowledged before me on , by , who represents that he or she is the owner of the above referenced property, or if the property is owned by an entity, represents that he or she is duly authorized by the entity to represent the entity is the owner of the property. Notary Public for My Commission Expires: G:\legal\Richard\PubWrks\Wood Stove Ordinance APPENDIX B-.doc DOCUMENTS SUBMITTED AT THE MARCH 6, 2007 CITY COUNCIL MEETING 2007 RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, PROPOSING AND SUBMITTING TO THE VOTERS OF THE CITY OF ASHLAND THE ADOPTION OF A REVISED CHARTER AND CALLING FOR AN ELECTION RECITALS: The City Council of the City of Ashland, Jackson County, Oregon (the "City") has determined that a question should be posed to the voters as to whether or not Ashland should adopt a revised and updated City Charter. NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. In accordance with Ashland Municipal Code Section 1.12.010, the Council formally proposes and submits to the voters of the City of Ashland a City Measure proposing a revised City Charter. The Charter, and supporting documents, including Ballot Title, and Explanatory Statement, are attached hereto and made a part hereof by this reference. SECTION 2. Pursuant to AMC 1.12.020, the City calls for an election in accordance with State Law and announces that the date of said election shall be the May 15, 2007 regular election consistent with dates for City elections in ORS 221.230. SECTION 3. The purpose of the May 15, 2007 election is to submit to the qualified voters of the City the question: Shall Ashland adopt a Charter revising language and removing sections that have been superseded by state law? SECTION 4. The City Recorder / City Elections Officer has received and published a Ballot Title for the City Measure approved by the City Council on February 20, 2007 and consistent with Oregon Revised Statutes 250.275. SECTION 5. The City Recorder / City Elections Officer shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached City Measure in accordance with applicable procedural requirements of ORS Chapter 250. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 6. The City Attorney, and if necessary, an appropriate Judge of the Circuit Court of Jackson County, is authorized to alter the text of the Ballot Title to comply with state law and any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law. SECTION 7. This resolution shall take effect upon its adoption by the Council. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on March 6, 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 2007 RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, PROPOSING AND SUBMITTING TO THE VOTERS OF THE CITY OF ASHLAND THE ADOPTION OF A CHARTER AMENDMENT TO CHANGE THE FORM OF GOVERNMENT FROM A MAYOR/COUNCIL FORM OF GOVERNMENT TO A COUNCIL/MANAGER FORM OF GOVERNMENT AND CALLING FOR AN ELECTION RECITALS: The City Council of the City of Ashland, Jackson County, Oregon (the "City") has determined that a question should be posed to the voters as to whether or not Ashland should change its form of government to a Council/Manager form. NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. In accordance with Ashland Municipal Code Section 1.12.010, the Council formally proposes and submits to the voters of the City of Ashland a City Measure proposing a change from a Mayor/Council form of government to a Council/Manager form of government. The Charter amendment, and supporting documents, including Ballot Title, and Explanatory Statement, are attached hereto and made a part hereof by this reference. SECTION 2. Pursuant to AMC 1.12.020, the City calls for an election in accordance with State Law and announces that the date of said election shall be the May 15, 2007 regular election consistent with dates for City elections in ORS 221.230. SECTION 3. The purpose of the May 15, 2007 election is to submit to the qualified voters of the City the question: Should the Ashland Charter be amended to change from Mayor/Council form of government to Council/Manager form of government? SECTION 4. The City Recorder / City Elections Officer has received and published a Ballot Title for the City Measure approved by the City Council on February 20,2007 and consistent with Oregon Revised Statutes 250.275. SECTION 5. The City Recorder / City Elections Officer shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached City Measure in accordance with applicable procedural requirements of ORS Chapter 250. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 6. The City Attorney, and if necessary, an appropriate Judge of the Circuit Court of Jackson County, is authorized to alter the text of the Ballot Title to comply with state law and any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law. SECTION 7. This resolution shall take effect upon its adoption by the Council. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on March 6, 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 AMBUJA ROSEN~S SPEECh I wonder how many Ashland animals oat tanoled uo In theIr chaIns thIS month and got stuck In snowstorms. unabie to escaoe. rhere's a lot of comoassion for homeless oeoole In Ashland. And riohtly so. But look at the most down-and-out homeless oerson--he carrIes a bottle of water everywhere. or when he-s thirsty. he turns on a water fountain. Not so for Ashland's animal famIly members. their water dISh and canJt drInk until their could take a lono time. Some of them tip over oerson refills it. ThIS Now think of the homeless oerson in Ashland that YOU feel the most sorry for. Maybe the mother with the child. Maybe the elderly oerson ~~o'~ out In the cold. Even they. when they 00 to their camosltes. .. 1 have somethIno soft to sleeo on--a sleeoinc bag. or a blanket they cot from the free box at the recyclino center. Not so for many of Ashland's anImals. who are exiled from toasty-warm houses, forced to sleeo outdoors. Some don>t even get beddino. Now think about the homeless oeoole you and 1 feel so n~ch comoassion for. Even they don't have to live on a chain. They can move around freely as they choose--socialize, 00 indoors where it's warm during ~ the day. Not 50 with many their own homes, of Ashland's animals. not even aole to move who are chained freely in their uo even In own homes. Now 11m not asking for the red caroet to be rolled out tor these animals. The ordinance I propose IS just, in my ooinion, extending them the simole human decency--of giving them the ability to drink when they)re thirsty--a tip-proof water supply. Giving them the ability to move around freely in their own homes--a tetherino limit. and a crating limit for cats and dogs. Giving them the ability to sleee on somethinQ to help shield them from the cold when they're exiled to the backyard on a cold winter day. After all I've told you about how these animals sutter. three of you councilors are still opoosed to this ordinance. If you}re not going to do this for the animals; sake, then I encouraoe you to do it for your constitutents. Thousands have signed a petition asking vou to heavily restrict the tethering of animals at home. Bush invaded Afohanlstan and Iraa desoite the millions of Americans who urced him not to. Many people say Bush is not a democratlc leader, but a dictator. But you all are democratic leaders. you have a moral obligation to weigh decision. Youre not dictators. I believe these oetitions heavily In your Hnd tor' t.' . .- - - I, .._.... . . "Jr\():.,,:}E-.~ (J't . .1.-1.....1... ,fOU. 1.11ho ,. - ' ..._ ':-!', 1~f1f:.~'S"'> Cl..=d- i .... ' A~l ['H; i'J. tE~th~.>r'J""l~ -..' ....J '"10n.::; 1'1'" ,. _. .\ '..1 01' . J" . ,=_a.vli',f ."1 ..t a Ii i ma 1 s.' . erE!. i nina' '. . '1' '. I " i 1. ill 1. t . 1\~~\l r"-;::J. .- i. _ .....:1. '::,nO:: 1 nq 'fha.nk ''';(JU. . (h1/[b~ 1(~ ASh/aU 'R.esl~+) ~ ~'lfo.1cyf- 1) I~~ -to r bl...l.t ClnJ'1 ."- ' . ,~ r u r o f'1(),... "lOII t: . 1 . - .... =>. " ._. J>.::l .unlt th>?.:! (vI (irch G) Jo07 . CD 1)eO-v COlA-rei lavs) n~or) QAJ) CNlj ti'&vl\iniS1mhz r -+,s wax W\ (' /10 U{) h.-f'-o I ltWt'- tv f<2-.ti ti 0 Y1 GI ~i f1 -(hi s p:w--r- ~-l<) I ~3 more- 1l2oJpl{' hCUJ(' QS~~ ~ :v ht?LJJJily NJ.t1^"C+ m ~Ai2n/1c; o'f- oJ) 0- V11 0-~ c:t l s cct' Ti~,( v VI (') M-\ E'.5, M 0 s-t- J (J.,.e. As ~ I CUliJ) ~ ~ t d~ tt +'S) c:t 1/ 0 U<2 rIg- ~ (i rS O{-. ~I C!-;;J~ ~ ,~~sl~~Y~uf~Lr~~~ fWY Y6/C'-{'.)A-4J~Jl~ ~ ffl~0?- f112, re~<?pI{' F ~~<21;'tt, i7laAl.-K ~:) CLt1'lbu-r ~"-- :r- rw.+e. bLi I\.~ [':PO pe.Jl 0f II ~ - (} ?\olJ)--t{~n, e. . ~~~Q vX~f ~c+ ' rydxtCf" -sy:are \ .fee+- -to lt~ ivt, , _..-----..-..........-~ ~ gear Councilors and i'1a vo r' : " I'm concerned about the animals in Ashland who are tied up at their homes for excessive periods. They suffer loneliness. frustration and boredom. They also run the risk of strangling to death, getting abused by kids or .adults, gettinq attacked by' .a1'malS.- or dyinq ()f heatstroke. J~ckson C~unty.allows an~mal~.;o b: ~ied.fo~ their e~tire ,~iYes ~n sh~rt cnalns. IhlS IS not a life ~,at anyone 1n ~shland, IncluDing pe~s, snQuld have to endure. Please pa5S a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By doing this, you will _ -17 ~-i:1i 'sa nce . Th,,:'y; , , '~~ . ( ", " t. -:.:/ /4 l- .) t 'i -, ::,...~ \ t\ - c' ( .1 \' "l.. ,,- .(, t: -1" 'I I' / 00- - J. - I I 7 .:-........ V' v I ., - ... , \~ ,--.' :;- j<t -07-- also help people. ikely to bits ., dogs are often a barking than oth-r are. I ;~... ", , .J /" . 'J ; '... i.' , ,i) i~ . (sf(~.,<t,,- / '). k2.(_ ,\ALI/\i\/ ~}){llU n IOf\lV L-il J V' ft.e1t-( !Y '1 L fo<;;. <;. (, (U it'\-t {V.... - ~ .?-Lr.=.:K:..J l I:~ /(A,r- ) u: f..:> - ~/(+-t( }--t t?-~~(L 7 Jt) (1 tl ~ r t< it! j.){. II J I ., , \ , ' ~:. /' ~() 4 ";:J \'~, \\ /--\1<.. < ,,'-- ~tl\l",\ (~ ,y C c( ~/"- }~ . 'I, '../ 'j ,,' '" Ji I. K, / 1<:. r,e:. 1\, ~ \ ----~f_L_--,-bL-=---. / J '. L! / " ,-,.7Z(t:' d iLic."( rc",- ONNY ~02:L ,,::; (i U : . \ ( ,I \'3;{( A ' ).7 -c I .J () h H f)c..\,'M c\.t .-....... ,....... . -202.';:' 7t-Al'L KOLA-I\-)() (1.. - '!:r C i l=::" .-~ \ l ~\ t'~,\~~' l ':> ~3 .. 2. - O'fX 6)~A~") KL~ INMAN .... ). ;' (.I 7 ~~}"1 t3 ':3lL; '0 G<2. '717 c? Ja <., k "';, E: J1 / J 11 e....J (; it ; I , " ......Jt i... ,) .......( 1/,,7or;...;.- ..; Ju')vl/vl'I;-, t 'j~ 7.3 -!U" /)u c:..c --5r C1-. S;JL..4,(Ji) j~ cI'7')::':", ~ J :'lv7 C![j,i:2..vL ~\ It <( 7 fd: . t /..~,(, C ~:.l)),~-\t I /' , ~ \~\ i\ N"\ct.,$Q:, 'j<\.. CG.. ('..: tt) I DC ....) ,\ V1 RGRL i r-...ic:::' 'Ie=- R i< I, i\~l..H_t. r..~ \ MiiV'- h Lt. 'jttl l)1,/J--"(l)E\;JlLtLe Jl1-) TLU{PtJ(~ eLJ. it,f\ LAbJ f) ,'~? ;t--r\'{ ~ ~\ c G?0\ '" '\\ __5 (~!, I" "'&-1 (11) _ (V1 (, tee" "i ~ i'Ot-rVJ a., . I. ~ ,i lilt /^"- ,( 1'11ctl [),!Oy 107' I o 's (j ~1 ! 0 7 " $'A~ ~-\I\vJ 1vV\ LLV\ ~ 1tv'\ '" ,"'" tktt'l,J;r:;! 0 M-l.-Q fAy"vl ~.I (&.<1 \:1(;' f \ L" ( (LV, () MAl L (c'~ ~\)/') ~:::.-.. -'~r II c '1 /".,.J I' ^ - (/'-j--...~.jZ8 '") {c/J-tLu ~~)[G ~ A \ lQ\ /\~\, e,\ .i-.... ::t"{?'" \ 7 I~\v Af(;r br"\A,) ck )~ir./~( 01 J3 0 L 0' D /0 + / 1)7 3 y! o~ ~/ t/ / 0 7 -7 \ '-.', 7'L ,-I- I \ /1-<--} \"\...f.u....,r.2 0/\ . /1/Y____ ~.J.~ -\~ u' ') k .L)\J ex Y\ (j i ~J' \. \~s 011 1 Ii ~ .... I+ Gl r~ f- ...,"_ " c: ""'\ ( 7 '5 '- 'J b (\ . " I h.. ,r K C\ \ ~'+2 C; A/' ' ,7 ~: Oi^'-- _57 ~( -~ (ll~~ 7 _,,-' ' _ (,' (.'1 '..../t.L. i'~' 9 'Ie:; 3J ~r:" '\ ,vj~\ \ K-IJ- Rvl · \)tnLclC ~ Av 101M DJ<- U::r< f)'i'i \) ''^''\.)~/\ h l, '^) 0) 97)-7.0 Huu)JJ Vrl.- ~C~i) CP PeL' I ~d ~,-<J j.e -frrcA ILl 61 .~ ( ("'.ol'\.",.\l....'" -""'-V'~ c..o ~ I"~ )','l"> ,../ " \ ., -~) f:.rY1\ \'1\ D )(l- "\1 \i Ir/) i 'f'v\\IUv\\~ ~n{,'\r '; ;)lur / . (, , I ' ' /- r, \!4, .3 '/~. 1- ~ tv ,l - -- ::> ," /~7 s~ -<.:i ~: I (" I 10./ ~; 11 Dear Councilors and Mavor; " I'm concerned about the animals in Ashland who are tied up at their homes for eKcessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, OT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass _ law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals al: i;hE?ir' nQmes. By' del i ng f" I i '-an'-->=' ~,Y-) . I~ . =:I.. '._ _ " .:~1'~- .( t'j :L ,')7 u~ V(J, AlI I,'f ill .3. 1 so help people. Chained likely to bi~tE'! peap,!.c'! I ., .;....' . P,.J.{-- ~1---'1; 2- S .-f;/~ ct{!'N-I--. (dJ!.Lti ,11- ~~".(,..~._,.'L~: r",,",~ ~\l ~::':>~:-;;~ \~\ .-S-E;~~(lj Ko P-,N 2:21'0' '- 11) J !) " ~ ! ..- .! ......\ i " OC\\ , 1\" I 'J-'\\' ,:( y ,;~~(~ dogs are often a barking than oth>=>r dOQs are. :., , 7t. '0 ., v' oJ." (111/ ~ DPL;{! 1)f?/-'fJ... u.n-1 (? /10 r;- l-bl.t,nt I I , ' Bl) lA \. QL~t,_Sf Sf I , f J' ~ ~ .\; 4<} \1 C\ rt7 I () ". . I \~ \ I ,'~Li.l/ '\1 ' ''I ! ~~ \ .~':~.t \J _..~/ ?). . \. ./ .) >/ . _c. ,~. ...-" j ~ -. 71--''(,~:_. t 41"- '2'Z I" T-' L J., lJ ~ i. Ju 130~ \--::)', , J A,)\~~ (~ ":":)\-10 f {/ /)'70 fJ" \ ,) -'+ ,."\ ~ . i R f'7 t'/C) 1251 .. {~ \ 1,,\ 41 \'S'l8L) ~--~, (\? ,'"" ~~~;{ \ lL> ( ;' I 1 , ( , . ~)., " ; '-,..,:-,\ i I~YC(~- . l <j~L>I! i, Ct_{/'u-~ : CK., " t.- .: " ( . -' I -: -----4."1 _ U~&~<<~ . (~a0!tu<.,:,ll.. , I r..... -- .) 011 AJ " /' - ')2n '"I , ct"",;. c .1 <~\STY\ PEjQL.~o~~ ! l!\AfJL P € Tc J!:>tr/ ~tt .. LL~U\:- g-LAClC (\, \C:'~ r, c? ~ lz.: r,-~ ,,_ (.;, . . ,1~ ' '1 VI ( L .,1 i :')i /'11"-<\ c:: /1' ~l' ", I ,lGrtfllltt 4 ~,. 1) ~<l.. Lv \-' .\ \\ S \\~) to v1 J\A V\ l:xl U I'd ,30 (cl<.tV1 fc\y/<.e v \URt J<R(7r<J:=:if)~>t ; - \J: J ~'. v'.f!.I''''(''~'''l '/' l.C,-- '\ ,. (:.i~i)'\J~)2 ~- --l')l~,~__ _ _ _.._____ .--,-- . '"\.,. \'.. . ....... ". .\, \ '.~' \ \ ') I~'.' 1\ .> f-i ~ '-- c/ ..........,:' , 'r" ^ ,rlV 'AI-- 1~(A- ,2> .. I.. ..? ) (. I \ , .....-. ( ( 3 LV I [evh'-k.'\. ~ 1-Sz () ,'::;1:'''', l')-'(:'\" l ("c.._ ,i \ 1.\ 7.", t"'-e c) 't. ~ ,j l"':' (i C ( ,,>'.fS '::;'. ,',<.:.1 e.. 'v,. .i, ~'~('''''l t'- 12.. I i"~'it.7-L) L () (1/ '> /fe., 'je <.. C', l-J / . l "l ~ c. /} { ~.Y\{jA/\.. 0~ iletl-t fJ JIrIJ<<l <<.".tt.. :J -,(4.{ 67 J/.{ ;) J s: f C, c'" ~ .', /-j ( ,,"j ( '3/$1: (/. 3/ -tJ'/(lf <;-t 'ev>L !5l\.:)"'-lll C'. 11 f~\.). 3- L--1 -.) 'l- 'DYn I ST d:;J\.) C Ii ( )E{\G\.\ ST. f\S\\Lr\\-\\ /()~ (/~/{ haM ~Akz) ~~1-t M It i ~ t 5 { Its J'\ {(1 (. t(,.:I 2 /) t, j~ L 1<.. } )4-5'''', / 7 ({ ~(k ~ T.. I Iti"'-)/~j '~~-'S /1 ~k IAi~-' , , , . , ,~( \ ::\.... l~ I._b. C.t\. \:-c t '\ \ I f$r:"I~ __; t------; I l... i a~~" ~ ~ ;.:, .,~ - ,/, 1 '. (,.-' ).. ....t< 'tv't, -5 +- n{' /1 (11 3.Y-{)? "3-1( '" (I ~ !J -if 'L 7 3 -'10'7 '1- (, -IT _, I . -'I ,~() -. .. :>.. L:) . c:" I r .!" r--' ,.- ~ /> - '> ~-:. I .-;, -_. ... > i -, . .~, .~ ...,J '-{ -'.,' :. JI ~ ,4.. " I, .-, ~'_ .- .' "./...i.~ 3 /(, /,'7\ - Dear Councilors and Mavor: T I 'm concE~f'ned about th.::-: a,ni.l11als i.n Ashland ',.,ho ar'e tied up at thE~ir homes for excessive periods. They suffer loneliness. frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting attacked by animals, OT dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have ~o endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dog5 and ather animals a t thE~ if' homes. ;:::v doing ~. nu. i '::;a nee. ._cl)QL1~_ \'7,1 I l. L ") Ov 0 ~ )>a N' N Ai ]0\ C (HL ~?M:.) 1,,\/ i 11 a 1. so , r rf-ton \~~ -yy{ CUI ;: <-', ,~'<: k '\~' o' ..) I , ~ 7 s-ac - )+ (.;7>zO -1 ()t)...t; ,I ~\\pl01 oUL,~ '\ \ I 'rCfi '-*M~(;c 01~ 5 4 f8 5 6 ld- S;1.~ t., \--t ~ \/'H ~ - ~ '" k,~ u ((. '"1") (/2.(:, S'1f.o ~ G (\,'-1 ( / , \ h I ,,_ , t. I.. j /) / /' . tYJrt / t I, "" C' <, tc st- ~<:t"t~~.c.1 3L~Jol '; I~ (:1' ~ II t-J<:kV1itL Av( Its Ir- ~ i) ~ I C'l"~)" r...L- ,.. \.;. 2 <a t/.2- '> I Iv 1 (IA",L Irt SL;~ t~~) ') '7 (/<A c.6 ( (-\ 8 fi\ (';{ /l.,tt 1<''1 ^/ (jf2 CI 7:):~(.) ?/ )i~ ') (v/01 ~';~/o7J:iLc'-thJSlJY\ __ ;!}l\eyvt"LL-Ct j~h(~n( ~ ~J/ ~ !- I,. ----.----- ,2- _I.. 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