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HomeMy WebLinkAbout2008-0602 Council Mtg PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. r pub' ., there is no absolute right to orally address the Council on an agenda item. Time permitting, the ng Offi ow oral testimony; however, public meetings law guarantees only public attendance, not public ation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. air will recognize you and inform you as to the amount oftime allotted to you, if any. The time granted will be dependent to some extent on the nature ofthe item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 3, 2008 Council Chambers 1175 E. Main Street 6:00 p.m. Executive Session to discuss pending litigation with legal counsel pursuant to ORS 192.660 (2)h. 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. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Study Session of May 19, 2008 2. Executive Session of May 19, 2008 3. Regular Council of May 20, 2008 / VI. SP CIAL PRESENTATIONS & AWARDS . Mayor's Proclamation of June 14, 2008 as Flag Day in the City of Ashland VII. CONSENT AGENDA [5 minutes) 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 04/09 and 04/10/08 Citizens' Budget Committee 04/17/08 Citizens' Budget Committee 04/21/08 Citizens' Budget Committee 2. Does the Council wish to approve a Liquor License Application from Peter Alzado dba Oregon Stage Works at 191 A Strtt1str~: ." f3\ Will the Council approve t e AareemelJ1)et Services between the City of Ashland and the L/ Rogue Valley Transportatio . . 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 32.04.050.E}) 1. Adoption of FY2009 Budget and conduct First Reading of an Ordinance titled, "An Ordinance Levying taxes for the period of July 1, 2008 to and including June 30, 2009, such taxes in the sum of $8,616,000 upon all the real and personal property subject to assessment and levy COUNCIL MEETINGS ARE BROADCASr LtVI-: ON CIlANNEL 9 VISrr TIlE Cfry OF ASIILi\ND'S WEB SIlT.: AT WWW.ASIH.ANI).()IUJS within the corporate limits of the City of Ashland, Jackson County, Oregon" and move to Second Reading on June 17, 2008? [15 Minutes] 2. Does Council wish to increase the Transient Occupancy Tax (TOT) from 7% to 9%? Does the Council wish to pass first reading of the attached ordinance? [30 Minutes] IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum} X. UNFINISHED BUSINESS (None) XI. NEW AND MISCELLANEOUS BUSINESS 1. Will Council revise City policies and practices to form a Transportation Commission and . disband the Traffic Safety CommissionandJhe Bicyct!iL~nd Pedestrian Commission? [30 ~~~t~s1he Council approve tk Q'=!~~~9!~tl~i~~~1.CJ:1~~ith the City of Medford as proposed? [10 Minutes] XII. DINANCES RESOLUTIONS AND CONTRACTS 1. Should Council adopt the Fiscal Year 2008-09 Annual Budget and make appropriations as ~ presented? [15 Minutes] ~ Should Council certify that the City qualifies for State Subventions? [5 Minutes] ~)ShOUld Council declare that the City receive State revenues? [5 Minutes] ~ Should the City Council conduct and approve Second Reading of an Ordinance and approve adoption of the Ordinance titled, " An Ordinance amending the Ashland Municipal Code, Land Use Ordinance concerning special [arterial] setbacks and associated street standards adopted in Ordinance 2836"? [5 Minutes] 5. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance relating to delegation of duties to the City Administrator for acceptance of interest in real property and the renewal of intergovernmental agreements and amending AMC Chapter 2.28" and move to Second Reading on June 17, 2008? [5 Minutes] 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). COUNCIL MEET'INGS ARE BROADCAST' LIVE: ON CIIANNEL 9 VISrr IllE Crry OF ASIILANI)'S WEB SITT': AT \VWW.ASIILAND.OIUJS CITY COUNCIL STUDY SESSION MAY /9,2008 PAGE/of3 MINUTES FOR THE CITY COUNCIL STUDY SESSION Monday, May 19,2008 at 6:00 p.m. Council Chambers, 1175 East Main Street CALL TO ORDER Mayor Morrison called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers. ATTENDANCE Councilors Hardesty, Navickas, Hartzell, Jackson, Chapman and Silbiger were present. 1. Look Ahead Review. City Administrator Martha Bennett reviewed the items on the Council Look Ahead. She noted the wrap- up Budget Meeting is scheduled for Thursday, May 22 and clarified the June 2, 2008 Study Session will be held in The Grove. She noted Councilor Navickas had requested a discussion on the camping issues and asked if this could be placed on the June 17, 2008 Council meeting agenda. She stated she was hesitant to place this on the June 3 agenda because it was likely they would not get to it. Councilor Navickas agreed to place the camping issue on the June 17 agenda. Ms. Bennett commented briefly on why a Study Session has been scheduled to discuss the Ashland Gun Club. She stated a lot of things have happened over the last three years and noted there is a lot of community interest in this issue. She also noted staffs desire to obtain Council direction before they move forward with preparing a lease. Ms. Bennett clarified the June 30th meeting will be a Special Meeting, not a Study Session. 2. Review of Regular Meeting Agenda of May 20, 2008. Quarterly Financial Report Administrative Services Director clarified the guidance to increase the Insurance Services Fund was included in the proposed budget and noted he would be submitting possible changes to the Financial Management Policies in the future. He added this was only an update and Council is not required to take action at this time. Public Works Director City Attorney Richard Appicello clarified he had reviewed the proposed employment contract. Public Utility Easements Public Works Director Jim Olson clarified the sewer main replacement was necessary because the existing sewer line that was built in 1965 has failed. East Main Railroad Crossing Improvements Mr. Olson clarified that Britton Enterprises was awarded this contract, but due to the time it would take to obtain the Right of Entry permits and due to conflicts associated with scheduling other projects, Britton has asked to withdraw their bid. Mr. Olson clarified staffs recommendation is to award the bid to LTM. L TM would be required to obtain the necessary permits, but because they are a larger firm, staff does not believe they will experience the same problems at Britton. CITY COUNCIL STUDY SESSION MAY 19.2008 PAGE 2 of3 Arterial Setback Ordinance Councilor Hardesty questioned the absence of the term "minimum" from the ordinance. Community Development Director Bill Molnar clarified it is applied in this way, even though the term is missing in some sections. He stated if Council wished to change this, this would be a minor amendment that could be done at first reading. Mr. Molnar clarified he could provide an aerial photo at tomorrow nights meetings, but would not be able to provide cross-sections. Councilor Hartzell stated she would like to see how big the sidewalks are. Mr. Molnar commented on Page 19 of the packet materials and stated this was an example of what the streetscapes might look like if these buildings were built today. He clarified he would be able to provide information on existing buildings and their setbacks at the meeting tomorrow. He noted Main Street is fairly consistent; however there are variations of sidewalk widths along Lithia. Councilor Hartzell questioned where in town the maximum widths would be used and asked staff to address this tomorrow. She also requested information on how other forms of transportation would be accommodated in the future. 3. Should Council make changes in the use of the Municipal Audit Committee, Finance Management Policies and/or internal controls consistent with the auditor comments and staff recommendations? Administrative Services Director Lee Tuneberg presented the staff report and explained in order to meet new requirements, the City Council must clarify the governing board's expectations for the audit, management's role, and the desired community protocol for the auditor. He recommended the Council take the following steps to meet these requirements: I) Take steps to affirm or revise Resolution 2003-07. Mr. Tuneberg clarified the City of Ashland is one of few agencies in the State to utilize an Audit Committee. He stated the current resolution does not clearly address the responsibilities of the Committee and should include a clear explanation of what is expected. He also noted the conflict with the City Recorder acting as a voting member of this Committee and suggested this be changed to a non-voting member. 2) Identify the City representative that will routinely communicate with the auditor regarding the scope and timing of work as well as negotiate and sign off on representations for the City. Mr. Tuneberg stated that he has been acting in this capacity, but it is more common for the CEO of an organization (or in this case the City Administrator) to have this responsibility. 3) Schedule an additional Study Session to discuss the Financial Management Policies and progress on internal controls. Mr. Tuneberg requested Council's approval to schedule a Study Session on Financial Management Policies. 4) Request that the Ashland Parks & Recreation Commission decide similar issues for their district. Mr. Tuneberg clarified the current resolution does not speak to Parks & Recreation and they do not have anything in writing about who they would like to speak for them. Council briefly discussed staff recommendations and offered their input. Support was voiced for staff's recommendations, including removing the City Recorder as a voting member of the Audit Committee and having the City Administrator take over as the City representative. Mr. Tuneberg clarified the City Recorder had no issues with being removed as a voting member, and recommended staff bring back a new resolution at a future Council meeting. City Administrator Martha CITY COUNCIL STUDY SESSiON MAY 19, 2008 PAGE 3 of3 Bennett noted this item would likely come forward as a Consent Agenda item on an upcoming agenda. ADJOURNMENT Meeting adjourned at 7:05 p.m. Respectfully submitted, April Lucas, Assistant to City Recorder ASHLAND CITY COUNCIL MEET/NG MA Y 20, 2008 PAGE I of6 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 20, 2008 Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor Morrison called the meeting to order to at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Hardesty, Navickas, Hartzell, Jackson, and Silbiger were present. Councilor Chapman arrived at 7:05 p.m. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Morrison announced vacancies on the Airport, Forest Lands, Public Arts, and Tree Commissions. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of May 5, 2008 and Regular Council Meeting of May 6, 2008 were approved as presented. SPECIAL PRESENT A TIONS & AWARDS Proclamation of May 18-24 as National Emergency Medical Services Week was read aloud by Councilor Silbiger. Members of the City's Fire & Rescue Department were present to accept the proclamation. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Should Council accept the quarterly report as presented? 3. Will Council accept two utility easements and authorize the Mayor to sign each document indicating the City's acceptance? 4. Does the Council wish to confirm the Mayor's appointment of Nick Frost for a term to expire April 30,2011 to the Housing Commission? 5. Should Council declare certain equipment as surplus and authorize a public sale? 6. Will the Council confirm the Mayor's appointment of Michael Faught to be Public Works Director and approve the attached employment agreement? 7. Will the Council approve Amendment #1 to IGA 90G000119, relating to building inspection services, which will extend the agreement to June 30, 2009? 8. Shall the Council approve a Resolution that authorizes approved signatures on the City of Ashland Parks bank accounts with Bank of America? 9. Should the City Council extend the Charter Communications Franchise for one year to facilitate negotiation of a new franchise agreement? Mayor Morrison noted the addition of Consent Agenda item #9. Council requested items #6 and #9 be pulled for discussion. Councilor Hartzell/Jackson m/s to approve Consent Agenda items #1, #2, #3, #4, #5, #7, and #8. Voice Vote: all AYES. Motion passed 6-0. Councilor Hartzell noted Consent Agenda item #6 was the appointment of the new Public Works Director and asked when Mr. Faught would begin. City Administrator Martha Bennett indicated June 16 would be his start date. Mayor Morrison and Ms. Bennett voiced their support for this appointment. ASHLAND CITY COUNCIL MEETING MA Y 20, 2008 PAGE 2016 Councilor Hartzell/Jackson m/s to approve Consent Agenda item #6. Voice Vote: all AYES. Motion passed 6-0. City Attorney Richard Appicello provided a brief overview of the Charter Franchise Agreement that was added to the agenda. He clarified granting the one year extension would provide the City time to negotiate a new agreement. Councilor Jackson/Hardesty m/s to approve Consent Agenda item #9. Voice Vote: all AYES. Motion passed 6-0. PUBLIC HEARINGS 1. Should the 20-foot front yard requirement for properties abutting arterial streets be repealed for the north side of Lithia Way and be replaced with the revisions to the Special (arterial) Setback Requirements and associated Street and Street Tree Standards? Community Development Director Bill Molnar and Senior Planner Maria Harris provided a presentation to the Council on the Arterial Front Yard Setbacks. The presentation included several maps, photos and examples, and addressed the proposed changes to: I) the Special Setback Requirements, 2) the Street Standards, and 3) the Street Tree Standards. Ms. Harris explained the proposed revisions to the Special Setback include repealing the 20 ft. front yard requirement and making the downtown sidewalk standards apply to the north side of Lit hi a Way. Changes to the Street Tree Standards include tree wells and tree grates to be 5 ft x 5 ft in size and for structural soils to be used in hardscape parkrows. Staff commented on the benefits of these amendments and indicated these changes would: 1) preserve the downtown character, 2) provide consistency with the Downtown Design Standards and city-wide commercial development requirements, and 3) provide clear direction in the land use application process. Ms. Harris noted the Tree Commission had reviewed the proposed changes to the Street Tree Standards and shared the Commission's concerns regarding the requirement for structural soil. She suggested the Commission's concerns could be addressed by changing the language to read "structural soil may be used" instead of making this a requirement. Mr. Molnar clarified the Planning Commission voted 5-2 in support of the proposed amendments. Public Hearln!! Opened: 7:40 p.m. Colin Swales/461 Allison Street/Disagreed with staffs assertion that the current setback requirement cause confusion. He commented on how Lithia Way was different from Main Street and stated that Lithia Way was "under width-ed." Mr. Swales stated that Lithia Way was lacking in pedestrian amenities and stated they may need this extra space for future improvements. He questioned why the City would choose to apply only the minimum standards to the downtown area and recommended they not give away this space without first completing a comprehensive study. Art Bullock/Stated approving the proposed ordinance would hinder the City from taking action in the future to widen Lithia Way. Mr. Bullock commented on the shift towards public transportation and alternate means of transportation and stated the City may need this space to accommodate a variety of multi-modal transportation purposes. He recommended the City conduct a transportation plan before they commit to these changes. Mark Knox/485 W. Nevada Street/Disagreed with some of the statements made by the previous speakers and stated this 20 ft. space is not the City's property. He stated if the City needed to use this space for future needs there was an appropriate way to go about obtaining it. Mr. Knox provided some history on this issue and stated the goal of the Downtown Design Standards was to ensure new buildings be modeled in context ASHLAND CITY COUNCIL MEETING MA Y 20, 2008 PAGE 3 of6 with their surroundings. He voiced his support for the proposed amendments and stated the current ordinance was archaic and prohibited advancement of the City's land use goals. George Kramer/386 North LaurellProvided some history on the creation of Lithia Way. He stated the 20 ft. setback area does not belong to the City and if they need to use this space for future transportation purposes they would need to purchase it from the various property owners. Mr. Kramer stated the lots along Lithia are not deep enough to absorb a 20 ft. setback requirement and felt a 10-12 ft. sidewalk was ample room to create the vibrancy the City desires. He commented that opposition to this amendment stems from a fear of growth and encouraged the Council to move forward with the proposed amendments. Mr. Molnar offered his opinion that keeping the current standard would be going in the wrong direction. He stated that requiring a 20 ft. setback was contrary to the direction the City wanted to take and stated this amendment would duplicate the pattern that has been successful along East Main and the south side of Lit hi a Way. Mr. Molnar added that staff believes what is being proposed would still accommodate any future traffic needs. Mayor Morrison commented on the concept of reducing street widths to reduce traffic. He added that the downtown area should be focused on pedestrians rather than vehicles. Mr. Molnar commented on the claim that Lithia was "under width-ed." He clarified street widths were reviewed during the creation of the Transportation Plan and Lithia was not identified as having a substandard street width. Comment was made questioning if the Council should discuss/approve the amendments to each standard separately. Mr. Molnar clarified staff proposed this as a package and had not considered separating these out. He stated Council could choose to act on these separately, but restated staff's desire to create consistency between the three policies. Ms. Harris commented briefly on how the recommendations all fit together. Mr. Molnar commented on how they came to the 15 ft. recommendation. He noted the desire to create a balance and to adopt a standard that would be consistent with the other areas of downtown. Councilor Hartzell/Hardesty m/s to extend public hearing to 9:30 p.m. Voice Vote: all AYES. Motion passed 6-0. Ms. Harris clarified the table on pages 2 and 3 of the ordinance was intended to be used for quick reference and should be used in conjunction with the classification standards. Concern was expressed that modifying the setback could create a slippery slope. Additional comment was made that the proposed language may be too vague. Mr. Molnar disagreed and stated incorporating a certain amount of flexibility into the requirements was important. Council briefly discussed the requirement for using structural soil and whether this should be sent back to the Tree Commission for further review. Mr. Molnar noted the Council could insert language that allows for more flexibility. He noted this technology is changing and they may want to include wording that would allow for a similar treatment of the soil. Comment was made questioning how the setback would apply to development underneath street level. Mr. Molnar clarified the underground portion could only extend to where the sidewalk was. ASHLAND CITY COUNCIL MEETING MA Y 20, 2008 PAGE 4 of6 Public Hearine: Closed: 9:30 p.m. Mayor Morrison suggested Council postpone deliberations in order to proceed with the remaining agenda items. PUBLIC FORUM Ambuja RosenNoiced support for the adoption of an anti-tethering ordinance and commented on a conversation she had with Councilor Jackson. Ms. Rosen shared her concerns with pets that are excessively chained and stated adoption of this ordinance could help save thousands of animals' lives. Nick Frost/963 Tolman Creek Road/Thanked the Council for his appointment to the Housing Commission. He also commented on the need to protect affordable housing and examining alternative financing. UNFINISHED BUSINESS 1. Will Council, acting as the local contract review board, accept a bid from L TM, Inc. and award a contract in the amount of $122,902.00 for construction of the East Main Rail Crossing Improvement Project No. 2005-15A? Interim Public Works Director Jim Olson explained D. Britton Enterprises was awarded this contract at the last City Council Meeting, but due to issues regarding the time it would take to receive ODOT Rail's approval and conflicts with other projects, Britton has asked that they be released from this contract. Mr. Olson stated L TM was the second lowest bidder for this project and stated staffs recommendation is to allow Britton to rescind and award the contract to L TM. Councilor Navickas/Chapman m/s to accept the second bid and award the contract to L TM. Roll Call Vote: Councilors Jackson, Hardesty, Navickas, Silbiger, Chapman and Hartzell, YES. Motion passed 6-0. UNFINISHED BUSINESS 1. Should the 20-foot front yard requirement for properties abutting arterial streets be repealed for the north side of Lithia Way and be replaced with the revisions to the Special (arterial) Setback Requirements and associated Street and Street Tree Standards? Council continued their deliberations on the proposed ordinance. Councilor NavickasIHartzell m/s to deny the ordinance. DISCUSSION: Councilor Navickas recommended they look at long range planning and voiced discomfort with moving forward in a "piece meal fashion." He noted the opportunities the setback would allow for and suggested they consider long range transportation and transit options. Councilor Hartzell agreed with the need for long range planning and was supportive of retaining a larger sidewalk space. Councilor Hardesty noted the language regarding the soil for the tree wells and stated structural soil may not be good for every type of tree. She suggested this requirement could be changed to require structural soil or horticulturally suitable soil. Mayor Morrison voiced his support for the proposed ordinance. Roll Call Vote: Councilors Navickas and Hartzell, YES. Councilors Hardesty, Jackson, Silbiger and Chapman, NO. Motion failed 4-2. Councilor Hartzell voiced her preferences to: I) return the section regarding the trees back to the Tree Commission for further study, 2) change the width of the sidewalk from 15 ft. to 17 ft., and 3) ask staff to look into regulating the first floor activities of building locating in the downtown area. ASHLAND CITY COUNCIL MEETING AfA Y 20, 2008 PAGE 5 of6 Councilor Hardesty/Silbiger m/s to accept the following changes to the ordinance: 1) Request the section dealing with tree soil go back to the Tree Commission, 2) Change the language on pages 3,5 and 7 to read "a minimum 5 ft. hardscape parkrow", and 3) Change the 10 ft. sidewalk standard on page 6 to read "a minimum of 10 ft." DISCUSSION: Councilor Hardesty clarified just the last sentence in paragraph 6 (page 14) regarding structural soil should be sent back to the Tree Commission. She also commented that the memo to the Council spoke in terms of minimums and felt these changes would make the ordinance consistent with the intent. Councilor Hartzell/Navickas m/s to amend for all of paragraph 6 on page 14 be sent to the Tree Commission for review. DISCUSSION: Councilor Hartzell commented that there is a lot of research on the use of structural soils and would like the Tree Commission to provide a recommendation on the best language to ensure the viability of the trees. Councilor Chapman stated he does not feel this is necessary since the Tree Commission has already reviewed the requirement for structural soil and recommended the language read "may" instead of "shall. " Councilor Jackson voiced her preference for the motion made by Councilor Hardesty. Roll Call Vote: Councilors Navickas and Hartzell, YES. Councilors Hardesty, Jackson, Silbiger and Chapman, NO. Motion failed 4-2. Councilor Hartzell/Hardesty m/s to amend to create a mlDlmum sidewalk standard of 12 ft. DISCUSSION: Staff noted this change would need to be made to pages 4 and 6 of the ordinance. Councilor Jackson voiced support for defining a minimum of lOft. Councilor Silbiger noted the sidewalk in front of Lithia Springs Hotel and stated you could do a lot with 15 ft. of space. He voiced his support for the original motion made by Councilor Hardesty. Councilor Navickas voiced his support for the amendment and feels this would allow for more street cafe opportunities. Councilor Hardesty indicated she was comfortable with expanding the minimum by a couple of feet. Councilor Chapman voiced support for certain areas to have a wider sidewalk width to accommodate tables, but does not feet the entire street should have a sidewalk of this width. Roll Call Vote: Councilors Hardesty, Navickas and Hartzell, YES. Councilors Jackson, Silbiger and Chapman, NO. Mayor Morrison, NO. Motion failed 4-3. ~ DISCUSSION (Continued on Original Motion): Councilor ckas commented on the e to set up the r infrastructure for long range planning and prioritizing priv e interests over the public good. Councilor Silbiger voiced his support for the proposed ordinance a~d stated it would make the standards clearer. Roll Call Vote: Councilors Hardesty, Jackson, Silbiger and Chapman, YES. Councilors Navickas and Hartzell, NO. Motion passed 4-2. City Attorney Richard Appicello read the title of the ordinance aloud. Councilor Jackson/Silbiger m/s to approve first reading as amended and move to second reading. Roll Call Vote: Councilors Hardesty, Jackson, Silbiger and Chapman, YES. Councilors Navickas and Hartzell, NO. Motion passed 4-2. Councilor Hardesty/Hartzell m/s for: 1) the Planning Commission to discuss the types ofinhabitants of the first floor in commercial areas, and 2) for the Planning Commission and Planning Department to explore the subject of bumpouts on the south side of Lithia Way so as to provide more sidewalk space. Roll Call Vote: Councilors Jackson, Hardesty, Hartzell, Navickas, Silbiger, and Chapman, YES. Motion passed 6-0. ASHLAND CITY COUNCIL MEETING MAY 20,2008 PAGE 6 of6 ADJOURNMENT Meeting adjourned at 10:30 p.rn.. John W. Morrison, Mayor April Lucas, Assistant to City Recorder BUDGET COMMITTEE MEETING APRIL 09, 2008-PAGE I OF 6 CITY OF ASHLAND Economic and Cultural Grant Presentations Draft Minutes April 9, 2008 7pm Civic Center, Council Chambers, 1175 East Main Street CALL TO ORDER The Citizen's Budget Subcommittee meeting was called to order at 7:07 pm on April 9, 2008 in Council Chambers at 1175 East Main Street, Ashland Oregon. ROLL CALL Committee members Chapman, Douma, Navickas, Silbiger, Stebbins, Hartzell, and Everson were present, Heimann was absent. STAFF PRESENT: LEE TUNEBERG, ADMINISTRATIVE SER VICES/ FINANCE DIRECTOR BRYN MORRISON, ACCOUNT REPRESENTATIVE DIANA SHIPLET, EXECUTIVE SECRETARY ELECTION OF A CHAIR Silbiger/Chapman m/s Everson as chair. All ayes. PUBLIC INPUT None STAFF REPORT AND PRESENTATIONS: In order of receipt. Lee Tuneberg, Administrative ServiceslFinance Director spoke that grants are governed by Resolution 2007 -08. This year there is $125,410 available and 25 groups applied for a total of $320,690. Southern Oregon Concert Band Stated they are a vibrant and vital part of Ashland's community. This next year they will be celebrating 100 years since its formation. They provide free concerts. In addition to audience donations the band supports itself through dues and donations from the band members. This year they raised their dues to cover the costs of performance hall rentals, printing, postage, and other performance related costs. Requesting grant proposal to update and renew their music library which is currently out of date, missing pieces, or written for much smaller bands. Dues are currently twenty-five dollars, many in the band donate in addition to that. Some members can not afford the dues and so others pay for those members. Currently there are sixty-five members. The honorarium paid to the conductor is $ I 350 to cover the cost of his 9 months of work. The $300 honorarium to the equipment manager and librarian are to cover their travel costs. Nuwandart The original request was for $4500, broken up into several allocations. The first allocation will be used to promote Ashland International Art Festival. The second allocation is for the continuation of their after BUDGET COMMITTEE MEETING APRIL 09, 2008-PAGE 2 OF 6 school programs and the third allocation is for the creation of a haunted themed installation for Halloween. The largest allocation is for the after school program which provides safe, productive alternatives for youth. Silbiger asked how many students they typically work with. Stated she's new and unsure as to the total but will provide this information tomorrow. Youth Symphony Thanked the City for its long-time support. This is their 20th anniversary season and this year they have 170 students participating in the three ensembles; youth strings, youth orchestra, and youth symphony. Most of their concerts are here in Ashland. They were able to present one chamber music concert this year thanks to last year's grant from the City. They stated their largest audiences are always the Ashland audiences. They were asked if they were tracking how many people travel more than 50 miles to attend their concerts. They said it is difficult to track, and generally the Ashland concerts are filled with Ashland and Medford residents. St Clair Thanked the City for the support of the Rogue Valley Blues Festival in the past. This year they are asking for support for both the Eclectic Music and More Series and the 9th Annual Rogue Valley Blues Festival. Stated that with the economy as unsteady as it is they feel they need to keep their ticket costs as low as possible to continue to attract a sizable audience. At the same time their expenses keep rising. This is their 13th season. They gave an overview of some of the upcoming year's productions. Stated the Blues Festival is becoming a destination event for a growing number of people. Stated that the daytime venues for the Blues Festival reported an increase in revenue due to last year's festival. Oregon Stage Works Gave an overview oftheir recent work and their work with other community groups, also gave an overview of upcoming productions. They have been fortunate in receiving funds from both foundations and local businesses. Some of the funds have gone to the development of a website which aids in people being able to purchase tickets from both in and out of the area. Since the beginning of2008 their attendance is hovering at about 80%. Oregon Stage Work's Ashland Children's Theatre has become a cultural and educational resource of significant value to the children of the Rogue Valley. They have year round classes and performances for children. They serve around 150 children through their year-round program - 1/3 who are on scholarship. Their theatre attendance is around 6100 people per year. They have seen an increase in people attending from out of 50 mile radius, particularly in the summer months. With their new website they should have a better way of tracking where people are from. They figure they are pretty close to having 25 percent of their audience be from 50 miles or further away. Ashland Bed and Breakfast They are an organization of 24 inns working together to market Ashland and Bed and Breakfast Stays in Ashland. They operate a website and an 800 number that they take turns answering referring callers to inns with rooms available. They have an annual budget of under $10,000 per year, all of which comes from dues. Nearly all the budget is used for marketing. Requesting $2500 for spring and shoulder months marketing and will work to cooperate with SOV A for larger marketing areas. Success in bringing more people in will benefit the City's tax revenue and the restaurants, shops, and theaters in the area. Currently there are decreasing numbers of inns in Ashland due to economic factors, and housing prices. The money going to SOV A would help to pay for billboards, websites, TV programs, etc. in other regions like the Bay Area where they could not afford to advertise if marketing on their own. Membership in the Bed and Breakfast network is voluntary and they estimate roughly 40 Inns/Bed and Breakfasts are in the area. SOU Foundation - Native American Programs BUDGET COMMITTEE MEETING APRIL 09, 2008-PAGE 3 OF 6 They are a youth academic and cultural support program. It is a year-round program that culminates in a week long program at SOU. This year is the 13th year. Students of the program take classes during the day and in the evenings participate in local activities. The $5000 request would support 6 Yz students attending. Students attend from all over Oregon, northern California and this year there may be students from as far away as Alaska. Additionally, this program has proven to the students and their families the understanding that Ashland and SOU are a safe place for students to attend. Additionally the program supports the annual Spring Pow-Wow. Siskiyou Singers The group has been in existence for 26 years. They put on an average of 6-8 concerts each year at the SOU concert hall. They are also the entertainment for the annual Feast of Will. Currently they have 135 singers, 2/3 of whom are from Ashland, the remainder are from Grants Pass, Applegate, Talent, Phoenix, Medford, and even a few from California. They gave overview of some of their recent improvements including; expansion of their website, the new programs where they present concerts in local schools once a month, and this year they are touring for the first time to Budapest and Prague. They are requesting $6500 to keep tickets affordable, to buy storage space for their risers, storage space for their music library, and cover the cost of their rehearsal space. Also they would like to provide scholarships for singers and assistance in covering the cost of purchasing music. Finally the request would assist in covering the cost of the international tour. Lastly, they need funds for continuing the school concert program. Members pay $30 per term, two terms per year. Most of that money goes towards paying the director's salary. Ballet Rogue Ballet in the Park has been going on for 24 years. There has been an increase in attendance this year. Ballet in the Park has benefited both the local economy and the cultural atmosphere in Ashland all at no charge. They also provide an educational dance program for children prior to performances. This year they are adding an additional class for teens and pre-teens. This year they are having other companies join in with Ballet Rogue in Ballet in the Park performances. With recent economic changes they have lost about $3000 in funding this year. They have a few sponsors who advertise in their program who assist with costs. Their biggest revenue comes from the annual production of the Nutcracker at the Craterian in Medford. Rogue Opera They thanked the City for last year's grant. They are requesting funds this year to help support the costs of producing six programs. They are one of the only opera programs in Oregon and the only one between Eugene and Sacramento. Their program, Opera in the Schools will provide opportunity for over 19,000 students to experience opera. Their singer training programs are in collaboration with SOU, who provide space for the classes. The programs are provided for free for the students who gain college credit for participation. They have a new database tracking system which should help them to track where people who participate in the performances or programs are coming from. Ashland Gallery Association They thanked the City for their previous support. They want to enhance tourism, support local business and enhance cultural development in Ashland. They do this by promoting art sales through its business members. Their marketing efforts year-round are aimed at bringing tourists into Ashland. Specifically, they would like to use the funds for promotion of First Friday, and A Taste of Ashland. A portion of the grant funds goes to creating the gallery guide. The funds will help to pay for a marketing coordinator to help market Ashland and will coordinate working with the Ashland Chamber of Commerce, and SOU. Lastly, they will use funds to work with SOY A to enhance their hardcopy brochure and their website to give Ashland a greater presence. People currently can not fully access the gallery guide on-line. BUDGET COMMITTEE MEETING APRIL 09, 200S-PAGE 4 OF 6 Dancing People Company Thanked the City for last year's support. They have been working for 2 years. Their goal is to bring more diverse artistic exposure to Ashland by providing an increase in artistic dance. They currently produce 4 productions per year. Two of those performances have an educational component, two are strictly professional productions. They gave an overview of what schools they have been teaching in. They have many classes they provide for the community in a variety of genres. For this grant they are asking for about one quarter of the cost of their solstice performance which happens for three nights in December. At this event they bring together local musicians, dancers, and performers to collaborate on a single performance. They estimate that about 6 % of the audience at those performances come from out of the area. City of Ashland- Public Art Commission The Commission was approached by parents from Bellevue Elementary School about creating a tile mural in conjunction with the renovation that is about to take place at the school. They proposed 2 12'xI2' panels to be mounted on the outside of the gymnasium. The mural would involve participation by the entire student body. The school's design committee chose the theme of nature. This project supports their goal to have neighborhoods create artistic projects in their own area. This project will help the students feel connected to the school and create a permanent cultural addition to the community. They would have assistance from SOU capstone students, the Bellevue School's Artist in Residence program and interns. However, this project can not go forward without this grant. Jefferson Center They are an all volunteer non-profit organization in it's 4th year of operation. They thanked the City for last year's grant. That grant helped them to greatly extend the publicity for their major summer event. As a result of last year's summer event they were able to attract 250 people to their fall lecture on the SOU campus. For both programs people came from Ashland and other communities and spent money in local businesses. Some student in last summer's program received academic credit for their participation. They gave an overview of their upcoming programs. The current grant proposal would be used to present their fall lecture series at the SOU campus. SOU gives no financial donations other than the donation of their lecture space. Due to this year's budget deficit the board decided to focus on the Fall/Spring lecture series and not the Summer Institute. Southern Oregon Film Society/Ashland Independent Film Festival They thanked the City for their support. They have been involved with the City for the last seven years. They have a large budget but also have many supporters and in-kind donations as part of the budget. They sold 16,000 tickets this year to roughly 7,000 people and estimate about 20% of those people came from out of the area. They handed out most recent economic impact estimate from the recently finished film festival. Estimate they gained about 500 new patrons this year. Southern Oregon Repertory Singers Grant request is for their Songs of Shakespeare performance. This performance was chosen for its potential to further tourism and culture in Ashland. Performance is on OSF stage, all songs are words of Shakespeare. Grant would specifically go to marketing and advertisement. They want to target AAA's VIA magazine and other choral groups. Thanked the City for the effort they put in with this grant opportunity. OSF does not supports them financially however have kindly agreed this year to add a banner to their webpage with information about the Songs of Shakespeare performance. They typically have 600 people in attendance and are hoping to increase this audience. Ashland Artisan Gallery and Art Center BUDGET COMMITTEE MEETING APRIL 09, 200B-PAGE 5 OF 6 They are a visual arts organization that serves southern Oregon with arts education, exhibition, and art services. Their focus is on artist support, art education, and collaboration. The grant would be used to support art education and cultural programs. They are planning an open studio tour in the summer. They will also be hosting the "drop-in and draw" program for children to attend and work with an artist. They are members of the Ashland Gallery Association. The difference is that the Gallery Association focuses on galleries and they focus instead on the artists. They have been in existing for five months. Friends of the Ashland Public Library/Chautauqua Poets & Writers Thanked the City for past support. They bring to the area nationally known authors for public reading, workshops with teachers and students. Past events have brought in award winning poets and authors. They make sure authors host workshops and stay in the area for more than just one day. These events bring people in from a quite wide area. Events take place in shoulder season which adds to the year- round economy. They are requesting this year's grant in order to continue this program, keep the tickets free or low-cost, and to bring in two major writers during next school year. Additionally the funds will be used to expand the program. Rogue Valley Symphony Thanked the City for its support over the past 17 years. They gave overview of their upcoming productions. They bring in world-known soloists who perform and stay in Ashland. They have a new program called "connecting with the classics" which goes into Ashland schools to provide concerts to students. This past year chamber group has performed in each of the Ashland elementary schools. They are working with the middle and high schools to start providing master classes for student musicians. They provide concerts during the office season which helps improve the year-round economy. Lithia Arts Guild They stated their mission. They host the annual Mid-Summers Dream Art and Music Festival. They work to create additional venues for artists, artisans, and musicians to create a living. The group started 4 years ago. In the first year of the Mid-Summer Festival there were 81 artists, two stages and 4000 attendees. Last year had 100 artists and an increase in overall per booth income. 25% of the Mid- Summer's budget goes to musicians and sound technicians. The artisans pay $85 for the weekend and 10% of their sales which in turn gets spent on advertising for the event and for rent to the school district for the location. They have considered doing a Fall harvest festival event but currently don't have enough volunteers to produce one. Peace House They are a center for education and action regarding non-violent principles. They have successfully revitalized and strengthened relationship with SOu. Now have an official internship and practicum site for students. This year they will resume co-producing academic conference with SOU. The grant application is for support for a peace village festival. The purpose of the festival is to promote peace and sustainability in the community. This festival stimulates local economy. Approximately 1500 people attended in the first year. They were not able to pay for the entertainment last year but are hoping to be able to pay them this year. They do have some sponsorship from local business (both in-kind and cash). Science Works Thanked City for previous grants. According to their records currently 85% of their 50,000 visitors per year come from outside of Ashland. Last year they took previous footage made for public service announcements and leveraged the City's grant to create a video. The video was used for fundraising purposes which allowed them to increase their fundraising by almost 60% last year. They want to once again leverage the City's grant and Coming Attractions Theaters agreed to let them put 6 different 30 second spots in their theaters in three different states. They also want to enhance visitor experience by upgrading entrance and the membership purchasing program. BUDGET COMMITTEE MEETING APRIL 09, 2008-PAGE 6 OF 6 THRIVE They are working to make sure money spent around the valley to stay in the area by promoting local restaurants, produce, and shops. They are doing informational nights to help people learn about farm share programs. They are currently working on survey research for the Rogue Valley Growers and Crafters Market in order to help them find a permanent location for both the Ashland and Medford farmers markets. They have worked with the Ashland School District with their school food improvement project. They received a grant to expand that farm to institution work so they are beginning meetings with SOU and are hoping to meet with other hospitals and retirement communities in the area. Working to find location to grow hops for the local breweries. They are working with Jackson County Expo to bring a more agricultural focus to their harvest fair. Thanks to last year's grant they are working with the Conservation Department to expand and improve the green business program. Multicultural Association The Multicultural Association has been active for 14 years. They are working with KSKQ to provide local multicultural radio programming. KSKQ previously was only available to be heard on-line but with recent technological improvements is now available in the Ashland area. The Multicultural Association wants to partner with SOU to provide a lecture series on KSKQ. They want to create a forum for people to discuss multicultural and international issues. ArtWork Enterprises, Inc. They have been around since 1991. They present three theater festivals each year including the Ashland New Plays Festival. They are hoping to use this grant reduce their risk and focus on advertising so that they can return to being self-sustaining. Last year's money has greatly improved their financial situation and the increase in their marketing efforts. This could be most dramatically shown in the increased number of people visiting their website. Their web site traffic gets quite a few people from outside the area so they assume people are increasingly coming here from outside of Ashland. Mr. Tuneberg requested that committee members send spreadsheet to Bryn with their suggestions in order to start the discussion tomorrow. This meeting adjourned at 9:33 PM. Respectfully Submitted, Diana ShipIet Executive Secretary BUDGET COMMITTEE MEETING APRIL 10, 200S-PAGE 1 OF 3 CITY OF ASHLAND Economic and Cultural Grant Allocations Draft Minutes April 10, 2008 7pm Civic Center, Council Chambers, 1175 East Main Street CALL TO ORDER The Citizen's Budget Subcommittee meeting was called to order at 7:05 pm on April 10,2008 in Council Chambers at 1175 East Main Street, Ashland Oregon. ROLL CALL Committee members Chapman, Douma, Navickas, Silbiger, Stebbins, Hartzell, and Everson were present, Heimann was absent. STAFF PRESENT: LEE TUNEBERG, ADMINISTRATIVE SER VICES/ FINANCE DIRECTOR BRYN MORRISON, ACCOUNT REPRESENTATIVE COMMITTEE DISCUSSION The Committee was asked to provide their proposed allocation and the allocations were provided for all present to view. See attached. The Committee discussed the Southern Oregon Visitors Association (SOV A). It was identified that they are a non profit organization that receives I % of the lodging tax from the State. The Committee discussed how they developed their allocations. It was suggested in the future that the City will need to help these organizations determine the return on the investment from the City's funding. The Committee members spoke of allocating based on the largest impact for the dollars awarded and trying to keep the allocations diverse. The Committee members voiced that the current Resolution helped them to allocate the funds better than past Resolutions had. The Committee discussed whether or not they should be granting funds year after year to organizations or whether they should grant organizations for start up costs. It was encouraged for the City to look at working with SOV A and the grantees that applied to combine resources to market Ashland. Attendance, dues, capacity, uniqueness, past investment, and diversity were all criteria that were used in the Committee's discussion of the allocations. The Committee discussed the possible increase in the Transient Occupancy Tax and that Council will have to determine how those funds are used. ALLOCATIONS Southern Oregon Concert Band- This is not a reoccurring grant request, they provide multiple concerts, and do not have a high level of contribution. Nuwandart- They have a minimal children's program, not clear what they wanted to do, they are diverse, and good family friendly Halloween event. Youth Symphony- They have withstood test of time, reliable long term, they should look for sponsors, and are imbedded in the schools. BUDGET COMMITTEE MEETING APRIL 10, 2008-PAGE 2 OF 3 St. Clair Productions- They have come along nicely. Oregon Stage Works- They are pretty successful as a business and would be fine without receiving the funding. Ashland Bed and Breakfast Network- They receive marketing through the Chamber already, want to promote home grown businesses, and work with SOYA. Siskiyou Singers- The members need to contribute more in dues. Ballet Rogue- Successful and the people will contribute when they can. Ashland GallIery- Cornerstone, the Taste of Ashland gets people out and promotes the downtown, and the administrative costs are too high. Public Arts Commission- They are not authorized yet, do not have the permit needed yet. Jefferson Center- Diverse and audiences are small. Ashland Independent Film FestivaI- They are performing well but at what point will they no longer need funding from the City. They need to begin to seek other sponsorship; they are an economic powerhouse and leading the way in independent media. Repertory Singers- Need to talk to Oregon Shakespeare Festival and can the City Council direct OSF in their use of funding. Ashland Artisan Gallery- They help artists to create businesses. The grant was unclear of what they wanted. Lithia Arts Guild- They may be able to charge admission and the potential for funding is not being tapped. Peacehouse- The Committee felt it was a powerful event, however due to the limited funding, did not grant. Scienceworks- They draw families to Ashland and enhance the livability in Ashland. THRIVE- They are a strong economic development organization and provide for the common person's needs. Multicultural Association- They have done well with the little bit of money they have had, there is potential for growth. Artwork Enterprises- They are very careful with their money and they have only asked now because they are in need. Hartzell ms to give $2,500 to the Ashland Bed and Breakfast Network. Motion died due to lack of second. Silbiger/Chapman ms to give $5,000. Motion passed 5 yes, 2 no. Navickas/Chapman ms to give $2,500 to Dancing People. Motion passed 6 yes, 1 no. Silbiger/Hartzell ms to give $0 to the Southern Oregon Concert Band. Motion failed 5 no, 2 yes. Navickas/Douma ms to give $2,500 to Nuwandart. Motion failed 5 no, 2 yes. The Committee discussed taking the three highest allocations and reducing. Douma/Stebbins ms that an equal amount be reduced from AIFF, Scienceworks, and THRIVE to reduce the allocation by $1,300. BUDGET COMMITTEE MEETING APRIL 10, 2008-PAGE 3 OF 3 NavickaslHartzell amended the motion to include the Ashland Gallery Association. Douma/Stebbins accepted amendment. Amendment failed 4 no, 3 yes. Motion passed 4 yes, 3 no. Douma/Chapman ms to accept the allocations as presented on the projector. Motion passes 6 yes, 1 no. FEEDBACK ON PROCESS The Committee discussed the need for the City to see a return on their investment. The City should look at ways to identify how the funds are used more accurately and encourage applications to speak to it at the next process. The City also needs to look at the return on investment from the funds granted to the Chamber and how they could work with SOY A. It was suggested to look at Economic Development of the City more closely in the future. 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N U c::.5 o <Ii ~ G) '0 .!! ~ a- t/l ... <( CI) C row .a~ ~ 0 E3: =>~ :::2:<( <0 0) ('") 0- ~ o ~ LCi N ~ <0 CO N t.O N ~ o ~ ~ .0 N ~ o ~ LO- N ~ LO LO ~ LCi N ~ o ~ LCi N ~ o ~ LO- N ~ o o LO ~- N ~ o ~ LCi N ~ o 0) <0 c:i N ('") Ell- -0 Q) U5 Q) => 0- Q) 0::: ro (5 I- ..... c;; CO- Ell- ~ N ~ o ~ LCi N ~ Ell- Q) ::E J2 'ffi ~ "E => o E <( -0 ~ '::; 0- Q) 0::: "E ::l o E <( E t/l 'C => o l- E => E "c ~ BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 1 OF 11 CITY OF ASHLAND Budget Committee Meeting Minutes April 17 , 2008 7pm Civic Center, Council Chambers, 1175 East Main Street CALL TO ORDER The Citizen's Budget Committee meeting was called to order at 6:04 pm on April 17, 2008 in Council Chambers at 1175 East Main Street, Ashland Oregon. ROLL CALL Committee members Everson, Slattery, Stebbins, Jackson, Navickas, Gregorio, Thompson, Heimann, Silbiger, Hardesty, Chapman, Douma, and Hartzell were present. Morrison was absent. STAFF PRESENT: MARTHA BENNETT, CITY ADMINISTRATOR LEE TUNEBERG, ADMINISTRATIVE SERVICESI FINANCE DIRECTOR BRYN MORRISON, ACCOUNT REPRESENTATIVE DIANA SHIPLET, EXECUTIVE SECRETARY DON ROBERTSON, PARKS DIRECTOR STEVE GElS, PARKS DEPARMENT RACHEL TlEGE, PARKS DEPARTMENT APPROVAL OF MINUTES Everson 1 Slattery m/s to approve the minutes of the 2/13/08 Budget Committee Meeting. Voice Vote: All Ayes. Motion passes. Thompson stated she was approached by a member of the public who asked that the public forum portion to later in the meeting so that they can respond to the presentations made. Committee had discussion regarding whether, if they moved the public forum, would it take place before or after deliberation. It was determined that after presentation but before deliberation. It was agreed that a putting a time limit on the public forum would be appropriate. Hardesty 1 Heimann m/s that they alter the time for public input to the time between the budget message overview and the committees questions ofstaff. DISCUSSION: Concerns were raised that in order to call people up at the correct time we will need to have the people who want to comment write what department they want to talk about on the public input sheet. This process would be very similar to regular council meeting procedure which generally goes; presentation-public input-discussion-next presentation. Everson stated she would vote no unless there was a time restriction on public input. Silbiger / Jackson m/s to amend the original motion to limit public input to 5 minutes per person. Voice Vote on amendment: All Ayes. Amendment to Motion Passes. Voice Vote on amended motion: All Ayes. Motion Passes. Committee member Chapman arrived: 6:10 p.m. BUDGET COMMITTEE MEETING APRIL 17, 2008-PAGE 2 OF 11 BUDGET MESSAGE City Administrator, Martha Bennett, and Finance Director, Lee Tuneberg, presented the City of Ashland's Budget Message. This was a challenging budget to put together but not an impossible budget. Next Fiscal Year we will be ok but we do need to talk about future years because if things continue the way they are we likely won't be ok. The budget was built by planning to do what we are doing today next year. No positions were added and any additional revenues that we identified as necessary to balance the budget had to be tied to services that will be cut if the committee decides not to add those new revenues. They used as realistic as possible growth in revenues and expenditures. All departments had to submit cut packages, some of which they took and any desired increases had to be brought forward as add packages. The only add packages which made it to the budget committee level were ones related to Council Goals. First thing they did with budgets submitted by the departments was attempt to balance the budget without any revenue increases. They looked for efficiencies and every single department's budget was reduced. Those reductions were put in because we believe we can live within those reductions. Every vacant position was examined and some will be left unfilled. For some positions it was determined that we could not continue to provide our current levels of service unless those positions were filled. They started off budgeting 4% salary increase for non-bargaining employees but reduced that to 2.5% which will be done in a mix of salary and a new health care reimbursement account. They reduced contractual services everywhere and significantly reduced travel and training. Overall the financial health of the City is good but it is not getting better. In the past there have been many things which regularly saved the city financially which did not happen this year. Just like everywhere in America today expenses are going up at a faster rate than revenues are going up. Some of those will rebound with an improved economy, some expenses will not. The years of having an ending fund balance double of what they put in the budget are over. The proposed budget does include increases in; property taxes, water, sewer, and utility rates. It also includes a reduction in employees. The long term issues will need to be addressed at list in part, prior to FYIO budget process (which means we will likely have budget process starting in the fall). Proposed budget is roughly $3.5 million more than last year's budget how does this compare to previous years? Roughly the city's budget has been going up fairly steadily at about 2-3% each year and this budget does the same thing. Tuneberg presented a pie chart which showed the breakdown of the budget by fund. He then showed budget breakdown by resources and by requirements. Committee asked if this breakdown includes the projected TOT increase. Tuneberg stated that no, this does not include that possible increase. In the requirements slide breakdown Tuneberg noted that the Youth Activity Levy shows in Materials and Services in the FY08 budget and not in the FY09. We are no longer the pass thru account for that levy so technically this fund has been held flat between FY08 and FY09. Committee member Douma arrived: 6:38 p.m. Staff showed the pie chart with breakdown of staffing by fund. They noted that more than 50% of personnel is in general fund and parks. Bennett reminded the committee that part of the problem with budgeting is that the majority of the money coming in is in the utility and tax supported funds and yet most of the personnel is in the general fund. Which means that when we start talking about reducing costs we very quickly have to start talking about reducing people. BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 3 OF 11 Committee asked with borrowing projected at 9.6 % this means budgeted borrowing will be almost tripling between FY08 and FY09 does this mean we are predicting that we will consume an increasing percentage of our budget with debt service? Tuneberg stated that, yes, this is likely. They are estimating a one to two percent increase each year just for debt service. This will likely mean that utility bills will increase to cover the costs to maintain our infrastructure through CIP projects. Tuneberg showed slide titled "FY2009 Expenditure Categories - M& S - Miscellaneous Separated" wanted to show the breakdown of where the materials and services, as a whole, for the city are broken down. One of the largest categories is other charges. Most of this section is internal services charges where departments are sharing the burden of the costs of services. The next slides he showed is the breakdown of annual debt services broken down by both principle and interest and just principle. Committee asked what average rate we are paying in interest our debt. Tuneberg stated anywhere between 1.5 - 6%. Revenue bonds tend to have a higher percentage, notes are all over as far as costs. He usually uses around 4.5 -5% as an estimate, recognizing revenue stream and what he has to go through to insure a good bond sale. Committee asked if on any of our debt we have the ability to accelerate our payment of the debt. Tuneberg stated usually have a 5 -10 year call penalty involved. They also can re-finance but only under certain requirements from the state. The City's financial advisor is always keeping them appraised of the best time to refinance. There is a requirement that there must be at least a 3% present value savings on any refinance. Tuneberg gave overview ofthe costs of capital projects from FY08 to FY09. While individual numbers may be dramatically different, overall the change is not that great. The biggest challenge for the City is that we have lots ofthings we need to do but it is difficult to get all the conditions right in order to finish the projects. This can cause wide swings in the ending fund balances it also makes it difficult to predict when the City will need to borrow funds. Bennett stated there were three funds which were particularly challenging; general fund, central services fund and parks. In the past the general fund has been saved by large ending fund balances. That did not happen this year for two reasons. First, there have been large amounts of turnover. That is not happening this year which is good for staff and customer services but bad for the budget. Second, funds we generally have counted on to help the ending fund balance have not helped this year. This is due to economic factors out of our control like the losing of 109 beds at the Windmill Inn or the cost of fuel which has raised costs of everything except internet service. In previous years they have always projected the ending fund balance and have never actually spent into those amounts. This year is not the case. They have spent money from the ending fund balance and expect to do so next year as well. Bennett stated that the ending fund balance shown on the chart is with the requested twenty-nine cent property tax increase. If that is not there the ending fund balance is $529,000 less than the shown $1,155,253. Committee asked at what point in the numbers do we start spending money out of the ending fund balance. Bennett stated that the fund balance policy states we are supposed to have a 10% ending fund balance in the general fund which would be about 1.5 million and we are recommending that the committee budget about 1.15 million so we are still short by about half a million dollars. In 2005, 2006, and 2007 we had years where revenues exceeded expenditures - not by much but by enough to slightly grow the ending fund balance. In 2008 we budgeted to have expenditures greatly exceed revenues and we are projecting that it won't be such a great difference but we will still be having more expenditures than revenues. Next year we are also proposing to spend more than we collect and if trends continue this way we will be spending into the ending fund balance. BUDGET COMMITTEE MEETING APRIL 17, 200S-PAGE 4 OF 11 The overall general fund revenues are flat. We were helped a little this year by the school renovation projects. Emergency medical revenues continue to decline on a per call basis, i.e. we have more calls but the amount of money per call is down which means an overall flat revenue source. The good news is that health care costs did not rise at the rate they were originally budgeted for. We budgeted for a 10% increase and we are seeing less than that in premium increases. In the general fund we reduced overall expenditures. No services that were cut in last year's budget process have been restored. Committee asked what the comparative size of bargaining versus non-bargaining employee groups. Bennett stated that there are roughly 54 non-bargaining employees plus none of the 49 Parks employees are in bargaining units. All other employees are in various unions. She reminded the group that each bargaining unit has different rules or state laws related to bargaining and salary adjustments. Bennett stated that after the cuts were made to the general fund they discovered that they were in the position of recommending an ending fund balance of $600,000 which is unacceptable because if anything bad were to happen the City would have no money to handle it. It is not responsible budgeting. They are recommending that the committee increase property taxes by 29 cents per thousand and increase franchise fees by 3%. All of the franchise fees would go to the General Fund. Even with those increases expenses would still exceed revenues by $591,000 and the ending fund balance would still be short by $518,000. Committee member Hartzell arrived: 7:04 p.m. Committee asked how much the proposed franchise fees would be in dollar amount. Bennett stated it would be $97,000 for one utility and about $60,000 for the other. Committee asked for clarification on if budget committee approves the increases and approves the budget as proposed does this mean that there still will not be enough money to have a responsible amount in the ending fund. Bennett stated, yes, this is correct. Tuneberg spoke to how they compared the potential tax rate with the proposed tax rate. Committee asked how much is left between the proposed tax rate and our ceiling for allowed tax rate. Bennett stated that is 5 cents. The proposed new Ashland Youth Activities Levy is 1.28 but is not process through the city any longer. The challenge in regards to property taxes is guessing how assessed values will or won't change and what the collection rate is going to be. In recessions people tend not to pay their property taxes. Bennett went over which services would be eliminated if property taxes are not increased. Committee asked if the list of service reductions was in any order of preference. Bennett stated it is in the order she would recommend to the committee, which does not mean it is necessarily the order she would prefer. Committee asked what other possibilities did not make this list. Bennett stated other possibilities include; elimination of a building inspector but we already did this in the last budget and are having a hard time keeping up with inspections as it is, eliminate funds for hiring new police employees, eliminate equipment upgrades in the police department, and elimination of the newly formed housing program specialist position. The problem with the general fund is that it is a 15 million dollar fund and over two thirds of it is public safety and the other one third is municipal court and community development. If you are unwilling to reduce public safety budgets then all the reductions come from two relatively small departments. She also reminded the group that in last year's budget they reduced community development's budget by over 20%. There is not a lot of money left there to cut. Committee asked for clarification on the restrictions on moving monies from one fund to another. Bennett stated that it depends on the fund. Providing inter-fund loans is not a good strategy because if BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 5 OF 11 you borrow from one fund, under Oregon law that fund must be re-paid. Which means you may be helping the fund's budget for one fiscal year but will likely cause more problems in the next. Committee asked how much in grants we would lose by eliminating the CERT program. Bennett stated $46,366. Committee asked why it seems all the cuts offered are in public safety and wanted to know if there is the ability to cut elsewhere. Bennett stated that not all is in public safety. For example, code enforcement is in community development. In deciding the cuts she followed two criteria; 1) last one in first one out and 2) are there vacancies or impending vacancies. Committee asked if, since there was one Community Development employee who volunteered to reduce to halftime, there might be others willing to do the same. Bennett stated that they had already done some of that in this budget. For example one of the building inspector positions will be cost shared between the general fund and the public works fund where he will now do back flow device inspections. We have taken cost savings from two positions in central services which are vacant and moved one employee who might have been cut from Administration over to Public Works. She stated again that the problem is that revenues are flat and costs are up. When eleven million of your general fund dollars are in public safety it is hard not to cut without looking at public safety. Bennett stated that the cuts presented are not in the budget. They are tied to whether or not the committee agrees to the 29 cent property tax increase. Committee asked for clarification on this. Bennett stated that in February the committee requested that if the city were to ask for revenue they had to show what would get cut without that revenue. She reminded the group that many of the funds are restricted revenue under Oregon State law; enterprise funds must pay for enterprise departments, SDC funds are limited to those uses under which you created the SDC. So a lot of places where you see extra monies you could borrow but under Oregon law you must repay, with interest, those loans. You could transfer money to help this budget but it will only cause more problems in next year, and the following year's budgets. Committee asked if CERT can be in any other fund. Bennett stated that would require some research and she will get back to the group with an answer. Committee asked if the question of employees going to half-time distributed broadly (i.e. were all employees asked). Bennett stated that they talked about it with the department heads but whether or not they then talked about it with their staff she doesn't know. She suggested the committee asked each department head when they make their presentation. Committee asked ifthe money going to parks comes out of the general fund. Bennett stated that when ballot measure 50 passed it consolidated all the tax rates for the City. The parks levy merged into the city's finances. Ever since there has been a "gentleman's agreement" between the city and parks that basically says whatever the Parks was previously able to levy the city would continue to give them. The people ultimately who could change that is the budget committee. Technically the group could take all the parks funding and put it instead into the general fund. That action, though, would not solve any of our current budget problems. Tuneberg gave some overview of the previous six year's tax rates and how they have been raised or lowered. Committee asked if they had looked at Courts as well for cuts. Bennett stated they looked at eliminating a half-time clerk. However, they did not propose it is because there would be significant coverage problems with that position gone. The court would have to close significant hours because there has to be at least two people there at all times and with this position there is enough flexibility to be open about twice the hours they would without. BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 6 OF 11 Committee asked about the proposed one cent reduction in the library levy. Bennett stated that they did this because they believe the levy stated it was a two-year levy and so they are suggesting only levying enough to get through to the end of the two years. They determined the two year timeframe not by the fiscal year but rather by the November one date which matches which the contract with the county services. If the committee wants to keep the library open the full two years promised by the ballot measure then the city recommends levying the 19 cents. If they cut that amount at all it will shorten the length of time we can do the extra hours. Committee asked if there were any circumstances in which transferring monies from one fund to another would not be considered "borrowing" and would not involve the re-payment requirement. Bennett stated she needed further clarification to understand what the committee is asking. Committee stated we have 21 million dollars worth of ending fund balance across the city, for rainy-day sorts of issues, now we have reached a situation with the general fund where we don't have any ending fund balance. We are not able to take advantage of how much we saved or put away elsewhere. They are trying to figure out a way to use that 21 million to help the general fund. Tuneberg stated that the committee needs to recognize that a good part of the 21 million is held-over monies from borrowing to do capital projects. If you give that money away you can not finish those projects and you will be in violation of the bond covenants. If it is SDC monies, food and beverage monies, or TOT monies you can't give that to any other funds. If it unrestricted funds there is a way to do a transfer. The city does this with debt service transfers but have never done this to help with a one-year bailout of the general fund. They will bring back numbers to the committee relating to how much of the 21 million ending fund balance is actually unrestricted. The other issue, however, is what will the city do next year? If you take money out of a fund in a loan you have to find a way to re-pay that for next year. Committee stated we are in transition. Asked if the city feels there will be greater budget challenges next year. Bennett stated that yes, this is true. Committee asked how long the city thinks this downward trend will take place. Bennett said her guess is about 4 years. The city needs to not focus on the negative issues but rather come up with things to do to improve the future budget situations. Committee asked if it wouldn't be smarter to raise property taxes to their limit this year. Bennett stated that the problem is that she doesn't think we have community consensus this year on that course of action and we are going to have to let this be a transition year. Bennett gave overview ofthe add packages which are all related to Council goals. She showed this year's amounts and gave rough idea of what the costs will be for the second year. Tuneberg gave overview of current utility rates. He explained that often these rates have not been implemented in a timely fashion. Reminded the committee of the most resent changes made to the electric rates. Tuneberg showed proposed fees for next year. Stated he models increased on need as well as on projected usage. Committee asked if the revenues raised by these various fees can be used in any fund. Tuneberg stated these are Enterprise Fund rates and are raised to support only those funds. They are technically unrestricted but in order to use these monies in any other fund either the enterprise funds would need additional cuts or the rates would need to be raised further. He reminded the group that the Electric Fund thus far has been covering the costs for more than their share of the city's expenses in order to keep the other taxes or fees lower. Committee asked if staff could include information about user fees next time because it may be more effective for the city to do gradual rate increases over time but there is currently no easy comparison. Committee asked if cuts in the enterprise departments would mean that rates could be increased at a lower rate. Bennett stated that this has been done in most categories. Tuneberg stated that every department, BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 7 OF 11 when they sat with Bennett and Tuneberg to work their budgets did reductions. This is done every year. Bennett stated that they could have each department answer the question, 'how could you avoid or reduce the rate increase'. Committee stated they get plenty of criticism related to raising rates and people expect that when rates are raised the City is going to spend that money on the purpose of that fund. Tuneberg agreed and stated that there are meant to be some logic with regard to franchise and utility fees, they are not meant to be used as operating transfers. Tuneberg gave an overview of the Systems Development Charges. Most of these are undergoing an annual review. Bennett gave overview of Central Services Fund. Part of the problems relating to this fund is that most of the costs are fixed or are related to people. Committee asked if the eliminated FTE was a vacant position. Bennett stated that .5 of it was, the other .5 came from moving an employee from administration into public works. Committee asked why it is necessary for central services fund to have ending fund balance. Bennett stated that it is necessary for those unexpected costs such as this year we budgeted $25,000 for recruitment but actually spent over $70,000 or this year we budgeted $90,000 for outside council and this year we are most likely going to spend $225,000. Tuneberg stated it is not the goal to have a growing or large ending fund balance but it is necessary to keep from going negative when unexpected issues arise. Committee asked what the desired ending fund balance should be. Tuneberg stated somewhere between $100,000 and $150,000. Committee asked about the transfer from all utility funds. Bennett stated that they wanted to make sure that the increases in costs in engineering should be borne by the utilities. They decided that rather than lose a person they would rather increase the costs to the utilities as they have the fund balance. For example, the Central Service Fund has roughly 13 people who do inspections that actually are services for enterprise funds and so they asked enterprise funds to pay more internally for those services. Bennett gave a quick overview of the Parks budget. Youth Activities Levy has expired. They have not asked for any additional revenue. They have already done a great deal of reductions. Not included in the presentation was that they are reducing the park patrol by 50%. Tuneberg gave an overview of the Fund Balance Projections. This gives a sense of the long term based on what we know today and extrapolations of what might happen in the future. Each year we make adjustments to keep the various funds doing as well as possible. There are very few funds that are healthy for the long-term. The ones that are healthy long-term are tied directly to revenues and will not be done unless there is a revenue source. Examples are CDBG or the CIP. Committee stated, if we do as we did last year, and hold revenues flat while continuing to grow revenues eventually all the funds will be unable to meet their ending fund balances. Tuneberg stated that is true, and last year all the fund balances did look worse in projection. This year we identified rate increases necessary and those were built into this budget. However, there are still funds that, even with the rate increases, will not meet ending fund balances. Bennett gave overview of the long term recommendations. She suggested the group consider levying the full $.34 rather than the $.29 recommended and put the nickel difference into restricted reserves to buy a little bit of budget room next year. Committee asked how those funds would be restricted. Bennett stated that the committee could define it however it deems necessary - most likely the best would be to hold it for emergency situations. She also suggested that this Fall the council and the parks commission should sit down together and have a discussion to consider how to deal with future service levels as well as BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 8 OF 11 revenue options. There are some good reasons for not dealing with the process the same way every year. There are some things they could do, both considering what we do and what we provide as an agency and how we pay for them. Unfortunately, there isn't any obvious or easy solution to any of this and that is why these discussions are necessary. Lastly, we need to start talking about the Food and Beverage Tax so that when it sunsets we know how we will be handling the potential loss of revenue. This conversation has already begun in the community so we need to start talking about it as well. Committee asked about raising the whole 34 cents which would help for next year but is also the highest it could ever go. Bennett stated that yes, it is the maximum but the committee could decide to do something else like other taxes, fees, rates, etc. We can not continue to provide all the services we currently do without finding ways to pay for it all. We have been very fortunate that because we have so many diverse sources of revenue we, as a community, are just hitting this difficult time now - many other communities have been dealing with these challenges since 1998. Committee asked how the discussion relating to future services relates to the ad package relating to Council's goal for fiscal stability. The goal is look at how we manage revenue streams, identify problems we have, etc. These are the sorts of things council has been asking of Finance for years, but Finance does not have the staffto work on the answers. In addition to their other goal related duties, the person handling the fiscal stability goal would help to lead and focus the proposed discussions between city and parks. Committee stated the real question we need to deal with is can Ashland afford Ashland. Committee asked what effort was made to go beyond just department heads to understand the attitudes of the average employee in regards to changes to health care benefits, etc. Bennett stated we have formed a employee labor management team to look at health care. The chose the Preferred Provider Program because most physician in the Rogue Valley are members of this particular group, so the relative impact on employees wasn't significant for a first step. The employee management team went out and discussed it with the employees, who for the most part were content with the choice. PARKS Don Robertson, Parks and Recreation Director and Mike Gardner, Chair of the Parks Commission presented Parks budget. Parks budget is unique to other city departments. It is the only budget which has public input and is approval from an elected body prior to submission to the budget committee. They gave an overview ofthe organizational chart and how the employees are divided between parks functions and recreation functions. This year they have reduce staff by eliminating one custodial position and one park worker position. Gamer gave an overview of the major accomplishments for FY 2007-2008, including a dramatic increase in registration for the recreation programs. In last fiscal year 2,000 students participated in programs at North Mountain Park. This was due to ajoint effort between the school district and the parks department. This program costs about $66,000 per year. The schools paid $7500 along with $7500 from the Youth Activities Levy (Y AL) and the balance of the costs came from general revenues. With the loss of the Y AL it looks like this program will have to be discontinued. They are, however, working with the school district to try and find a permanent source of funding to continue the student program. The Commission's goals are divided into project goals and practice goals. Project goals deal with specific projects they would like to accomplish during the year. Practice goals deal are based on policies and practices established for operation ofthe commission and the department. As resources for the City become more scarce it is important that the relationships between the Parks and Recreation department, BUDGET COMMITTEE MEETING APRIL 17, 2008-PAGE 9 OF 11 the City and the business community be strengthened. With the wide variety offunding sources out there we need to work together to ensure that long-term funding is stable. Gave overview of significant budget challenges. Stated that because they are dependant upon property taxes, which do not come in until November it is necessary that they maintain a significant ending fund balance in order to survive during the first quarter of the Fiscal Year. Finance has identified the necessary ending fund balance amount as being 1.2 million. They are implementing the following reductions; changing employee benefit program, eliminating ~ of the community service officer, reducing park patrol, eliminating a park worker and a janitor, contracting with a temp agency for seasonal workers, eliminating the men's softball program, reduce number of rafting trips, reduce non-native vegetation removal and fuels reduction programs, and reducing capital projects, etc. Many of the reductions in service are related to the ending of the Youth Activities Levy. If these reductions were not made budget would be 5.8 million instead ofthe 5.15 million proposed. They believe the changes made reflect a sense of responsibility to continue providing quality services while being fiscally responsible. Stated scenic park construction will be able to come about because the Parks department has been saving and preparing for this for years and because most of it will be funded through SDC funds. The ice rink rehabilitation is hoped to go forward through a grant they are applying for to the state. Committee asked if parks maintenance was contingent upon the Youth Activities Levy (Y AL) and how can they continue to maintain those grounds without the funding. Robertson stated the school district contracts with the parks department for that maintenance and the monies are not directly tied to the Y AL. There was a transitional point when the school district was going from the county to the city when it was more directly tied to the Y AL. Committee member Jackson left 9:00 p.m. Committee asked about the difference between 2008 budgeted figures and the 2008 actual figures. In November Parks made some adjustments after review of the first quarters budget. Noticed at that point in time that they had exceeded the end fund balance before the property tax monies had already arrived. They determined they needed to ratchet back activities and projects in order to increase the ending fund balance for 2008 to be carried over to 2009. Committee asked if the increase from actual 2008 to proposed 2009 is due to the construction of North Main/Scenic park. Robertson stated, no, most of those increases are related to labor costs going up. Materials and services have remained relatively flat. Fringe benefits remained relatively flat, but the salaries and wages did increase. Committee asked what percentage they used for the COLA. Robertson stated that they used four percent. The commission has not completely settled on that amount yet. Usually they use whatever CIP is at the end of April to determine the COLA percentage. They are hoping to do part of the COLA as a straight raise and part used for a HRA-VBA account. Committee asked what it would save parks ifthey used the 2.5 % COLA being suggested by they City. Robertson stated he would need to come back with that information. Committee asked if parks has recently raised fees. Robertson stated, yes, they did recently increase facility rental rate fees in order to come close to recovering costs for running the programs and facility usage. Last year they were recovering approximately 30% of the cost of those buildings, this year they moved up to a 50% recovery rate. Committee asked about the reduction of non-native vegetation and fuels reduction. Robertson stated they do two types of fuels reduction. The first is with their own crew cutting, bundling and burning materials. The second is done by contracting out to other groups for additional fuels reduction. They will continue doing this as much as possible but will do less. They are not happy with this but understand that it is necessary. BUDGET COMMITTEE MEETING APRIL 17, 2008-PAGE 10 OF 11 Committee asked for confirmation that $200,000 of the $400,000 for capital improvements was coming from grants and where the other $200,000 was coming from. Robertson stated, yes, they are hoping $200,000 will come from grants and the other $200,000 is carryover from previous fiscal years. Committee asked ifthe grounds maintenance contracts for other various groups (hospital, schools, etc) recovered 100% of their costs. Robertson stated that they do, with the exception of the hospital which covers an employee for three days but he, on average, has been spending 4 days at the hospital. They have talked to the hospital and they will be re-programming that employee's time to ensure he is only there for the three days he is paid to be there. Committee asked if they were up to 50% cost recover for the student program at North Main Park. Robertson stated they are working with the school district to get to that point in the next few years. The school has also started paying for use of other facilities. Parks also is working hard to track down grant monies for the student programs. Committee asked if there were services in our Parks department that the County could take over. Robertson stated he doesn't believe there are. County is more interested in passing more responsibility to the City. Committee asked ifthe increase in participation in recreation activities which equals an increase in revenue is reflected in this budget and if they expect to see continued increases in participation. Robertson stated they are expecting growth. However, they did cut several recreation programs, like the men's softball program, which will limit their revenue growth. Committee asked about the budget for the golf course. The Golf Course currently does not bring in enough funds to cover costs to operate. Increased FTE employees at the Golf course because they heard people are not using the facility because maintenance was not good, so they made an effort to increase the maintenance at the course to attract new or continued users. Committee asked that in the future Parks provide a table with all the revenue producing activities and their percentage of total cost recovery. Also asked for a table of how much they are saving with each program cut they have taken in this budget. Robertson agreed to compile that for the committee. Committee asked about employees and whether most are at or near the top step on their salary scale. Robertson stated that at this point in time the majority of staff are at the top step and 28% of their workforce are eligible for retirement. The majority of their employees are long-term employees and have, unfortunately, been in the same position for 10 or more years due to lack of vertical growth in the parks department. It takes about 5 years to progress from the first to the last salary step. Committee had discussion about registration fee cost recovery for all programs. Committee discussed step increases and the necessity of doing a classification and compensation study in order to not have the steps be so dramatic to the budget bottom line. Committee asked how our parks department costs compare to other city's parks departments. Robertson stated that Ashland has a level of service which is superior to other communities of our size which also means we have a higher level of costs. We also have a higher standard and level of services and a higher level of tourist use. BUDGET COMMITTEE MEETING APRIL 17, 2008-P AGE 11 OF 11 PUBLIC INPUT Rick Landt / gave background about open space plan and the purchase of the land for the North Main/Scenic Park. Expressed his concerns regarding the design of the lawn space. Stated he believes the parks maintenance costs will be too high with high water usage and inappropriate use of this site. Requests budget committee not approve Parks department budget until they prove they have established lower maintenance and water use costs. DISCUSSION CONT'D Committee requested Parks department to respond to the public input. Robertson stated that they did do a rather extensive public process and Mr. Landt did participate in this process. Size of lawn was determined by process. A lot of the concerns were handled in the design and public input process but they were unable to completely address all Mr. Landt's concerns. One of the Parks Commission's goals is to improve the conservation of all their resources. Committee expressed concerns about micromanaging the Parks Department and hoped to focus instead on the issues surrounding the cuts Parks has already made and the process they went through to create this budget. Committee asked Parks if they are working on water savings standards. Robertson stated, yes they are and that is also included in the upcoming audit for assistance in maintenance as well as future planning of parks. Committee asked if there were any changes to the Senior Program. Robertson stated that they did everything they could to leave the 'Senior Program budget untouched. Discussion was had regarding the necessity of putting forth a tentative approval versus waiting to accept the full budget or accepting just the presentation without approving. Silbiger/Hartzell m/s accept the presentation of the Parks Department budget and find no significant issues in the budget. DISCUSSION: Committee expressed concerns regarding finding no significant issues. SiIbiger was willing to remove 'find no significant issues in the budget' from the motion. Committee had discussions about the possibility of wanting to come back to talk to Parks about salary issues. Voice Vote on updated motion: 11 yes, 1 no. Motion passes. Everson requested that if the committee is going to change processes that they do so at the beginning of the meetings rather than during the presentations. ADJOURNMENT This meeting adjourned at 10:00 PM. Respectfully Submitted, Diana Shiplet Executive Secretary BUDGET COMMITTEE MEETING APRIL 21, 2008-P AGE 1 OF 5 CITY OF ASHLAND Budget Committee Meeting Minutes April 21, 2008 7pm Civic Center, Council Chambers, 1175 East Main Street CALL TO ORDER The Citizen's Budget Committee meeting was called to order at 7:00 pm on April 21, 2008 in Council Chambers at 1175 East Main Street, Ashland Oregon. ROLL CALL Committee members Douma, Everson, Gregorio, Hardesty, Hartzell, Heimann, Jackson, Morrison, Navickas, Slattery, Stebbins, and Thompson were present. Chapman and Silbiger were absent. STAFF PRESENT: MARTHA BENNETT, CITY ADMINISTRATOR LEE TUNEBERG, ADMINISTRATIVE SERVICES/ FINANCE DIRECTOR BRYN MORRISON, ACCOUNT REPRESENT A TIVE DIANA SHIPLET, EXECUTIVE SECRETARY TERRY HOLDERNESS, POLICE CHIEF GAIL ROSENBERG, POLICE DEPARTMENT COREY FALLS, POLICE DEPARTMENT RICH WALSH, POLICE DEPARTMENT KEITH WOODLEY, FIRE CHIEF GREG CASE, FIRE DEPARTMENT MARGURITTE HICKMAN, FIRE DEPARMENT SHAWN BRANAUGH, FIRE DEPARTMENT BILL MOLNAR, COMMUNITY DEVELOPMENT DIRECTOR ADAM HANKS, COMMUNITY DEVELOPMENT DEPARTMENT BRANDON GOLDMAN, COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT Martha Bennett, City Administrator, stated that they are gathering a list of all the issues the committee has asked for more information. They will bring these items to the group as soon as possible. They are also keeping a running list of all the issues the group would like to talk about at the end of the process. POLICE DEP ARTMENT PRESENTATION Chief Terry Holderness of the Police Department gave overview of their general responsibilities. There are three areas their budget is broken down into including; Administration Division which has the chief, administrative assistant, and Medford dispatch contract, the Operation Department which had deputy chief, patrol and detectives and the Support Department which has records keeping, evidence, volunteers and park patrol. The administration division is slightly larger than typical because it holds all the contracts, including the Medford dispatch contract. Major accomplishments in Fiscal Year 2008 include; implementation of area commander program, opening of the downtown contact station, completion of new training program, station upgrade and BUDGET COMMITTEE MEETING APRIL 21, 2008-PAGE 2 OF 5 parking lot improvements, completed department reorganization, and completed connection to Crimereports.com for current reporting of police activities. The department gave overview of the budget over the last couple of years. Holderness stated that the reason for the increase in budget between this fiscal year and the proposed budget has to do with staffing recruitment costs and the length of time for the hiring process. Out of the last three recruitment cycles they have only gained one new employee. They must budget with the hope that they will be at full staffing levels. Significant budget changes include; one unfilled police officer position has not been funded, dispatch contract increased by $103,000 - Medford has been subsidizing our dispatch but are no longer willing to do so. When they put the budget together they were hoping to find some offsetting funding for the purchase of an Identix fingerprinting machine. That offsetting source was not found and so they decided to not purchase the Identix machine this budget cycle. They will be purchasing no new equipment, other than those things they are required to replace or upgrade or those things which they can use to purchase with forfeiture funds. Service impacts of cuts include; increase in average response times for priority one calls (those emergencies where response time is important), reduction of proactive responses, and likely will increase the need for overtime to maintain minimum staffing levels. Challenges for Fiscal Year 2009 include; continued institutionalization of Community Policing, implementation of PERF report, reduction in response time to priority one calls, improve data gathering and analysis, enhance ability to work with youth in community, provide all employees with training related to mental illness, complete installation on video systems in all patrol units, and complete update of policies and procedures. PUBLIC INPUT No public input. DISCUSSION Committee asked for clarification on the amount of money received in Fiscal Year 2008 from asset forfeiture and if that amount was high. Police stated that the amount was $190,000 and that was high because it was several years worth of funding that they had to spend prior to year end in order to not lose the funding. Committee asked for clarification on the location in the budget of several line item charges. Tuneberg walked them through those issues. Committee discussed concerns relating to the lost of Police personnel and the increased costs relating to salaries and benefits. Chief Holderness stated that personnel is the last place they want to reduce but too many of their costs are set by outside forces so they are unable to reduce material and services any further. Committee asked about forfeiture funds and how much they expect to receive this year. Holderness stated that it appears they will have between $80,000 and $100,000 to spend and they are looking towards moving as much as possible away from central services funds to forfeiture. Those funds are not reflected in this budget - they will be brought forth as a supplemental budget so as not to confuse those funds with regular budget monies. Committee asked if the lower crime levels should equate to fewer staff. Holderness stated that there are fewer numbers of certain types of crime but there are higher numbers of crimes like identity theft which take a longer time to handle. They are dealing with this by elimination of one patrol officer and the addition of one detective. BUDGET COMMITTEE MEETING APRIL 21, 2008-P AGE 3 OF 5 Committee asked for clarifications on position reductions, park patrol reduction, response times, and partnering with other agencies on the mental health training to try and reduce costs. Committee asked for clarifications regarding gas projections. Holderness reminded the group those projections are determined by the Public Works Department. Committee asked for clarification regarding the Tiburon system which is the system used for records and dispatch in conjunction with Medford dispatch. Committee asked for clarification regarding staffing levels and how they were adjusted between divisions, and information related to use of a detective or patrol officer or possibility of contracting out to deal with identity theft. Holderness made clarifications relating to the reorganization and the challenges and cooperation with other agencies associated with identity theft and fraud. He also stated that according to industry standards identity theft and fraud crimes will greatly increase over the next few years. They would like to increase the number of detectives but currently had to choose not to in order to keep the correct number of patrol officers on duty. Committee raised concerns about the validity of this proposed budget due to the length of time it takes to hire personnel and whether or not they can count on the large ending fund balance for assistance with other currently unfunded positions. Tuneberg stated that they would re-Iook at the projections. Committee asked for clarification regarding fleet equipment replacement. Tuneberg stated this is all handled through the public works fleet division and gave overview of the process for determining replacement projections, cost allocations, and maintenance figures. Hartzell/Everson m/s to tentatively approve the budget from the Police Department. DISCUSSION: Committee had discussion on the difference between tentative approval of the budget verses approval of the presentation. Committee decided that if it means moving on and not having the same debate every meeting that tentative approval was acceptable. Voice Vote: All Ayes. Motion Passes. DoumalHeimann m/s that tentative approval means the committee is not asking the department to go back and rework their budget presentation. Voice Vote: All Ayes. Motion Passes. HeimannlEverson m/s to tentatively approve the Parks budget. DISCUSSION: None. Voice Vote: All Ayes. Motion Passes. FIRE DEPARTMENT PRESENTATION Chief Keith Woodley of the Fire Department gave overview of their proposed budget. There are three divisions of the Fire Department; Fire Operations, Emergency Services, and Fire and Life Safety. They gave an overview of the goals for each division and the current status for each goal. Also, gave an overview of the major accomplishments for each division for Fiscal Year 2008. See presentation for details. Woodley gave an overview of the accomplishments planned for Fiscal Year 2009 including; continued participation in the Facilities Master Planning Process, continued assistance in the wildfire fuels reduction efforts, maintaining community emergency preparedness activities, etc. See presentation for details. Woodley stated that in developing this budget the goal was to assist overall budget issues and still maintain current staffing levels. Due to this they have several significant budget changes including; limiting personal services costs, elimination of child safety seat inspections, reduce CERT training for the public, implement EMS response fee which has never yet been charged. Some of the challenges for Fiscal Year 2009 include; EMS revenues continuing to decline, personnel costs will continue to increase, our ability to offer competitive wages will continue to decrease - we will likely lose people to other BUDGET COMMITTEE MEETING APRIL 21, 2008-PAGE 4 OF 5 agencies. See presentation for further details. Woodley reminded the group that this budget is dependant upon the property increase including the CERT program and an inspector position. PUBLIC INPUT Clark Custodio urged the committee to continue to fund the CERT program. The program has grown greatly beyond what FEMA originally intended when it was established. CERT volunteers have been trained to handle most emergency situations and have become highly valuable to City staff as well as the community. DISCUSSION Committee affirmed the value of the CERT program. Committee asked about dispatch and response levels for incidents. Greg Case gave an overview of the dispatch procedures and how Medford dispatch organizes who responds. This is based on both national standards, manpower requirements, and response time issues. Committee asked about regulations regarding how expansive our response territory is. Case stated it is determined by the state legislature so that communities can not pick and choose their response areas for financial gain. Committee asked for clarification on how ambulance service costs were calculated. Woodley gave an overview of how they do the calculation. Committee had questions and discussion about the CERT program growth, personnel costs, and budget requirements and the slow down in the growth of the program. Committee asked ifthere were other fees that could be charged that they currently do not charge. Woodley and Case gave overview of some of the possible fees they could implement and the discussions they have had with other groups regarding additional fees. Committee asked for and received clarification on the costs, total calls, and trending for the ambulance services. Committee requested that the Council continue to look into options for improving cost recovery for the ambulance services. Committee asked for clarification regarding the potential cut of the fire inspector position. Woodley stated the background regarding the decision and reminded the committee that this is a viable position and they would rather not lose it. Committee discussed the challenges around losing this position and where alternate funding sources could come from. Committee had discussion about the importance of CER T and the potential for alternate funding sources. Also had discussions about how many hours of training per month the CERT program handles. Committee asked and received clarification regarding the bond and debt service relating to Fire station number one. Committee asked and received clarification regarding the fire inspection services and the level of violations they typically discover. Committee asked and received clarification regarding what the impact would be to reduce the CERT Program total employees from 1.4 to 1.0. Also asked and received clarification regarding the grant funding the CERT program receives. BUDGET COMMITTEE MEETING APRlL 21, 2008-PAGE 5 OF 5 EversonlHartzell moves tentative approval of the Fire Department budget. DISCUSSION: Douma stated council needs to do long-term work with regards to the ambulance issue. Voice Vote: All Ayes. Motion Passes. Committee members Morrison and Jackson left the meeting 9:55 p.m. COMMUNITY DEVELOPMENT Committee asked department if they would rather present now and have questions asked at a later date or if they would rather move entirely to another meeting. It was determined by staff and committee to move the Community Development Department presentation to the May I, 2008 meeting. ADJOURNMENT This meeting adjourned at 10:03 PM. Respectfully Submitted, Diana Shiplet Executive Secretary CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: Department: Approval: Primary Staff Contact: Barbara Christensen email: christeb@ashland.or.us Secondary Contact: NA Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Peter Alzado dba Oregon Stage Works at 191 A Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location ofthis business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with processing of this application. Background: Application for a new application. 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. Potential Motions: Motion to approve Liquor License application. Attachments: None r~' ~ CITY OF ASHLAND Council Communication Agreement for Services Rogue Valley Transportation District Meeting Date: June 3, 2008 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann@ashland.or.us Secondary Dept.: None Secondary Contact: Paula Brown Approval: Martha Benn Estimated Time: consent Question: Will the Council approve the Agreement for Services between the City of Ashland and the Rogue Valley Transportation District? Recommendation: Staff recommends Council approve the Agreement for Services. Background: The Agreement for Services with RVTD provides unlimited fixed route rides at $.50 per ride within Ashland and a total of9,800 Valley Lift Rides at $1.00 per ride within Ashland. The City of Ashland is billed $1.50 for each fixed ride and $3.00 per Valley Lift Ride. Valley Lift Rides which exceed 9,800 are billed to the City of Ashland at $18.31 per ride. This rate is set through negotiations between RVTD and the company contracted to provide paratransit service. At the March 4,2008 meeting, staff presented Council an update on transit and RVTD. Council agreed with the staff recommendation to include $290,000 in the FY09 budget for transit. Of that mount, $217,500 is to be used to subsidize RVTD at the current level of services, $4,000 for senior and student bus passes and the remaining $72,500 for increased transit services as identified in the transit planning documents resulting from the HDR'S TSP update analysis. NOTE: The Transit Open House is scheduled for Monday June 9 at 5 :30 p.m. in the Siskiyou Room. Assumptions for RVTD ridership in Ashland in FY09 remain the same as FY08: a 15% increase in Valley Lift rides and an 8% decrease in fixed route rides. Related City Policies: . Ashland Municipal Code · Ashland's Transportation System Plan · Ashland's Transportation Element of the Comprehensive Plan . Proposed FY09 Budget Council Options: · Approve the Agreement for Services with RVTD. · Deny the Agreement for Services and provide direction to staff. Potential Motions: Page 1 of2 060308 RVTD Agreement.cc.doc r~' CITY OF ASHLAND Move approval of the Agreement for Services between the City of Ashland and Rogue Valley Transportation District. Attachments: · Agreement for Services between the City of Ashland and Rogue Valley Transportation District. · Council Communication, Transit and RVTD Update from March 4,2008 Page 2 of2 060308 RVTD Agreement.cc.doc r4.' RVTD / CITY OF ASHLAND - AGREEMENT FOR SERVICES July 1, 2008 - June 30, 2009 Agreement made effective July 1, 2008 between Rogue Valley Transportation District (RVTD) and the City of Ashland (City). RVTD and City agree: 1. REDUCED FARE PROGRAM. In order to encourage and increase RVTD ridership within the City, the City will reduce the cost of fixed route fares within the City from $2.00 to $.50, and will reduce the Valley Lift paratransit fares within the City from $4.00 to $1.00. 1.1 Contract will begin on July 1,2008, and will end on June 30, 2009. 1.2 RVTD will provide $.50 fare service on fixed route buses and $1.00 fare service on Valley Lift paratransit buses to passengers picked up and delivered within the City. 1.3 RVTD will bill City for the reduced fares described above based on the actual number of rides provided within the City. Rides will be detailed in a monthly ridership report completed by RVTD, and bills will be submitted on a quarterly basis. 1.4 R VTD will also bill City for the operating costs of providing Valley Lift service if ridership exceeds 9,800 passengers per year. The billed amount shall equal $18.31 per ride over the 9,800 passenger threshold and shall apply to the period of July 1, 2007 through June 30, 2008. 1.5 City will remit to RVTD, on a quarterly basis when billed by RVTD, $1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit ride provided by RVTD within the City. 2. CONSIDERATION: Total payments to RVTD will not exceed $217,500 per fiscal year. In the event that the $217,500 annual allotment from the City will belbecomes exhausted prior to the end of the fiscal year, the program for that fiscal year will end and fixed route and Valley Lift paratransit fares will revert to standard R VTD fares for the balance of the fiscal year. 2.2 If either RVTD or City wishes to modify this agreement, both parties shall meet to negotiate modifications to the agreement. .r Deleted: G 'I CouncillStreet l ash land con~ I G:\financelAdministration\Council Communication\June 081Draftl060308 RVTD Aqreement.atch1,dof1. Page 1 of 3 3. TERMINATION: 3.1 Termination for Convenience. This agreement may be terminated by either party for that party's convenience upon thirty days notice in writing to the other party. RVTD shall be compensated for all services performed under this agreement up to the effective termination date. 3.2 For Cause. Either party may immediately terminate this agreement for cause upon delivery of written notice to the other party or such later date as may be established by mutual agreement, under any of the following conditions; 3.2.2 If federal or state laws, rules or regulations are modified, changed, or interpreted in such a manner that the services are not longer allowable or appropriate under this agreement; 3.2.3 If any license or certification required by law or regulation required for the provision of the services under this agreement is for any reason denied, revoked, suspended, or not renewed. 4. Publicity. Any publicity or advertising regarding the program by the City shall first be reviewed by RVTD for accuracy and must acknowledge the support ofRVTD. RVTD will provide City with appropriate logo for this purpose. 5. Access to Records. The City and its duly authorized representatives shall have access to the records of RVTD and any subcontractors which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. 6. Workers Compensation. RVTD, its subcontractors, if any, and all employees working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. 7. General Liability RVTD, its subcontractors, and all employers working under this Agreement shall comply with Oregon State Laws related to workers compensation, employment, payroll taxes and general liability for loss of property, injury to riders or others. 8. Living Wage RVTD shall comply with chapter 3.12 of the Ashland Municipal code by paying a living wage, as defined in this chapter, to all employees performing work under this Agreement and to any subcontractor who performs 50% or more of the service work under this Agreement. RVTD shall post the attached notice predominantly in areas where all employees can easily see it. r Deleted: G .. I CouncmStreet. · Lashland contrc G:\financelAdministration\Council Communication\June 08\Draft\060308 RVTD Aqreementatch1,doc.- Page 2 of 3 9. Miscellaneous Provisions 9.1 Force Majeure. Neither party shall be responsible for delay or default caused by fire, flood, riot, acts of God, and/or war which are beyond the party's reasonable control. RVTD may terminate this Agreement by written notice after determining such delay or default will reasonably prevent successful performance of this Agreement. 9.2 Amendment. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of RVTD and the City. 9.3 Waiver. Either party's failure to enforce any provision of this Agreement shall not constitute a waiver or relinquishment of its right to such performance, nor of its right to enforce any other provision of the Agreement. 9.4 Federal Government Not A Party. The Federal Government is not a party to this Agreement and shall have no obligation to any third party absent the Federal Government's express written consent. 9.5 Attorney's Fees. In case of suit, action, proceeding, or arbitration to enforce any rights or conditions of this Agreement, it is mutually agreed that the losing party in such suit, action, proceeding, arbitration or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court or arbitrator hearing such suit, action, proceeding, arbitration or appeal. 9.6 Entire Agreement. This instrument constitutes the entire agreement between the parties. No representations, warranties, promises, guarantees or agreements, oral or written, express or implied, have been made by either party hereto with respect to this Agreement or the vehicles, equipment or drivers to be provided hereunder. ROGUE V ALLEY TRANSPORTATION DIST CITY OF ASHLAND By Julie Brown General Manager By Martha Bennett City Administrator Reviewed as to form: Reviewed as to form: By David Lohman Legal Counsel for RVTD Date: By Richard Appicello Acting City Attorney Date: .r Deleted: G -I CouncillStreet 1 ash/and contr~ '--------- I G:\financelAdministralion\Council Communicalion\June 08\Draft\060308 RVTD Aqreement.alch1,do~ Page 3 of 3 CITY OF ASHLAND Council Communication Transit and RVTD Update Meeting Date: Department: Secondary Dept.: Approval: March 4, 2008 PW Engineering Administration Martha Bennett Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: Paula Brown - 488-5587 paula@ashland.or.us Ann Seltzer - 552-2106 ann@ashland.or.us Question: Will Council hear an update on the current use of the Rogue Valley Transportation District (RVTD) fixed route bus system and the Valley Lift program within Ashland and staff s budget recommendations for transit funding for FY 2008-097 Staff Recommendation: Staff suggests continuing to allocate $290,000 to transportation services. At this time, the future of RVTD services and definitive transit needs for Ashland into FY 2008-09 is not clear. For budgeting purposes, staff suggests Council continue on the same course as the past two years. This will allow the City's transit analysis to continue with the updated Transportation System Plan (TSP) and allow RVTD's initial funding mechanism to be tested through the next election and budgeting process. For planning purposes, staff is suggesting a 3.5% funding increase to the services provided by RVTD for a cap of $217,500 and allocating the remaining amount of $72,500 for increased transit services as identified in the transit planning documents from HDR's TSP Update analysis. Background: The RVTD Board adopted their Long Range Plan on December 20,2007 (Executive Summary attached). Their Plan projects four possible revenue scenarios through 2017. The scenarios represent likely funding basis and illustrate expectations of revenue potential. Of the four revenue scenarios, two include new sources; an employer payroll tax to be used in addition to the current revenue stream, and a property tax increase. All of the scenarios project a leveling-off of revenues from state and federal grants - a reasonable expectation given the experience of other transit districts. RVTD has a greater understanding of the district's revenue options and will continue to evaluate which revenue scenario(s) will best serve the needs of the Rogue Valley community. However, at this time, there is no firm decision or answer to the revenue needs to meet the growing service demands. Ashland has service needs that cannot yet be met with the current RVTD revenues. The contract between Ashland and RVTD for the current fiscal year (FY) 2007-08 continued at the same service levels as the FY 2006-07 agreement (FY 2007-08 agreement is attached). The City allocated $210,000 to buy down RVTD's fixed route (Route 10) bus fare in Ashland (riders pay $0.50 and the City pays $1.50), buy down the cost of Valley Lift transit rides in Ashland up to a total of 9,800 rides per year (riders pay $1.00 and the City pays $3.00), and to pay for net operating costs for Valley Lift services that exceed 9,800 rides per year at $15.54/ride. RVTD provides monthly ridership numbers and bills the city on a quarterly basis for actual riders. Page I of3 60308 RVTD attachment.doc r:., The FY 2006-07 total R VTD rides provided was 104,080; 92,819 riders on the fixed route and 11,261 utilizing the Valley Lift program. This equated to an overall expenditure of just over $191,332, well within the $210,000 cap. This year's ridership numbers indicate a current down trend of 9% less in fixed route riders and a significant increase of over 13.5% in Valley Lift services. Assuming that these trends hold for the remainder of the year, the Valley Lift ridership will well exceed the 9800 cap and the overall ridership will decrease by about 5%. Staff assumed a 15% increase in Valley Lift and an 8% decrease in Fixed Route through the end of the year and as such the total bill for the City will be approximately $206,500, just below the target cap of$210,000. The Valley Lift program provides essential services to those with specific needs. The City will continue its discussions with RVTD to ensure those services are correctly utilized. CITY OF ASHLAND Fixed Route Ridership 9000 8000 7000 6000 5000 4000 3000 2000 1000 o \~ '?,:~~ ~~ 00- ~d" '0& \~ <<.'<5' ~~ ,?-,,<'..j..~ \"<} Valley Lift Ridership 1000 800 600 400 200 o I F)Usl - F)u7 ,,~ ~~ ":J"<< 0"'" ~c'" <I' ,,~ ..,6> ~~ ~<t ~","'I ".,,<;0 During the RVTD contract development and budgeting process for FY 2007-08, Council further requested the City purchase reduced fare passes in the amount of $3,000 to provide more affordable access for students and seniors; $1,000 was allocated for low-income Seniors 62 years and over; and $2,000 for Ashland High School students, equating to 86 Reduced Fare passes. For FY 2007-08 to date, this program has provided the Ashland Senior Center with 12 full fare passes and 11 reduced fare passes between November and March for a total of$I,085. Ashland High School did not utilize the bus passes and the City has extended the additional pass allocation of just under $2,000 to the Senior Center for the months of April, May and June. As a recap, the City's FY 2007-08 budget allocated $290,000 to be used towards public transportation. RVTD's contract is not to exceed $210,000, plus an additional $3,000 for passes, leaving $77,000. This remaining allocation was proposed for transit planning with a caveat to not necessarily spend it all. With Council's approval (consent agenda for March 4,2008) of the amendment to the Transportation System Plan Update, the transit analysis will be added to HDR's contract to define the true transit needs for Ashland. As described in that staff report, the amendment will utilize up to $42,000 of these additional funds to conduct a comprehensive review ofthe current public transportation services, operations, ridership, funding sources, para-transit, and other transit services. They will conduct stakeholder interviews and hold public meetings. Upon this review and assessment, HDR will then provide recommendations to meet current and future needs and hold a public workshop to present this information. As the future for transit services for FY 2008-09 is not clear, staff suggests council continue on the same course as the past two years for initial budgeting purposes. This will allow the City's transit analysis to continue with the updated Transportation System Plan which should be completed in May Page 2 of3 60308 RVTD attachment.doc ,~, CITY OF ASHLAND 2008, and allow RVTD's initial funding mechanism to be tested through the next election and federal / state budgeting process. Staff suggests continuing to allocate $290,000 to transportation services and for planning purposes, staff is suggesting a 3.5% increase for the services provided by RVTD for a cap of$217,500 and allocate the remaining amount of $72,500 for increased transit services as identified in the transit planning documents from HDR's analysis. This additional transit service allocation would come before Council prior to any actual funding expenditure. Related City Policies: Ashland Municipal Code Ashland's FY 2007-08 Budget Ashland's Transportation System Plan Ashland's Transportation Element of the Comprehensive Plan Council Options: Council has three general options: 1. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09; 2. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09 with adjustments and/or additional stipulations as presented during the council discussion, 3. Deny staffs budget recommendations for transportation and RVTD Services for 2008-09 and request staff provide additional information or clarifications for a future meeting. Potential Motions: Council moves to: 1. Accept staff s budget recommendations for transportation and R VTD Services for 2008-09; 2. Accept staffs budget recommendations for transportation and RVTD Services for 2008-09 with the following adjustments and/or additional stipulations, 3. Request that staff provide additional information and clarification regarding the budget recommendations for transportation and RVTD Services for 2008-09 and return at a future meeting. Attachments: RVTD Long Range Plan Executive Summary ~ adopted December 20,2007 FY 2007-08 Agreement between the City of Ashland and RVTD Page 3 of3 6 03 08 RVTD attachment.doc r., CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Public Hearing to Consider Adopting the Annual Budget June 3, 2008 Primary Staff Contact: Lee Tuneberg Administrative se0.ces E-Mail: tuneberl@ashland.or.us None Secondary Contact: None Martha Be Estimated Time: 15 minutes Question: Should Council adopt the Fiscal Year 2008-09 Annual Budget? Staff Recommendation: Staff recommends approval of the accompanying three Resolutions and the reading in full of the Ordinance. Background: The Budget Committee and/or Budget Sub Committee met ten times this winter and spring and thoroughly reviewed this budget. On May 15,2008, the Budget Committee met and approved the budget and recommended it for adoption. The Council must take the actions listed below to establish the FY 2008-09 budget. Oregon Budget law allows the elected body to increase expenditures by $5,000 or 10% (whichever the greater) of any fund without further review and approval by the Committee. Council cannot increase the tax rate without republishing the amended budget and a second hearing before June 30. Total changes to a fund beyond 10% also would require re-publishing the amended budget and holding another public hearing prior to July 1. A summary memo is provided that identifies changes made to the proposed budget to create the approved budget. Enclosed within the packet are four actions requiring Council approval to complete this phase and "set" the budget for FY 2008-09: 1. A Resolution certifying Ashland qualifies for State Subventions. 2. A Resolution declaring the City's election to receive State Subvention revenue. 3. A Resolution adopting the annual budget and making appropriations. 4. An Ordinance Levying taxes for the period July 1,2008 - June 30, 2009. Related City Policies: Financial Management Policies Council Options: a. Council approves the three accompanying Resolutions and the reading by title only of the Ordinance. b. Council does not approve the three accompanying Resolutions and the reading by title only of the Ordinance. r~' \ CITY OF ASHLAND Potential Motions: a. Council moves to approve the three accompanying Resolutions and the reading by title only of the Ordinance. b. Council moves to approve the three accompanying Resolutions and the reading by title only of the Ordinance as modified by discussion. c. Council takes no action pending further information or clarification. Attachments: Memo to Council Fiscal Year 2008-2009 Summary of Changes r;., CITY OF ASHLAND Memo DATE: TO: FROM: RE: June 3, 2008 Mayor and Council Lee Tuneberg, Budget Officer FY 2008-2009 Budget Process - Summary of Changes During this year's process we invested over 35 hours reviewing budgets, projections and issues. Although the changes net to a $35,000 increase between total proposed as compared to total approved, there were many changes increasing or decreasing appropriations including adjustments for better information (reductions in health care costs and changes in equipment purchases), reductions to arrive at an acceptable total property tax rate and some additions for needed activities such as Council goals. The Proposed Budget had already been reduced by internal review to arrive at the $95,166,815 amount that was submitted. The final amount approved is $95,131,815. Below is a summary of adjustments made at various stages of the process: 1. Preliminary revisions to the Proposed Budget from staff: a. Reductions in city-wide Personal Service appropriations due to reduced health care premiums totaling $339,422. The impact is reduced appropriations and larger ending fund balances. b. A reduction of $158,000 was taken in the Equipment Fund, Capital Outlay category, because a street sweeper on order will actually be delivered in FY 2008. The impact is less carry forward from FY 2008, less appropriations in FY 2009 but the ending fund balance for FY 2009 is as was proposed. c. A reduction of $22,000 was taken from General Fund, Community Development- Building Division for a position reduced to part-time. 2. Committee revisions finalized at the May 15, 2008, meeting: a. A reduction of $150,000 in the General Fund Police Department to reduce total property taxes levied. b. A reduction of $107,000 in the General Fund Fire Department to reduce total property taxes levied. c. A reduction of $58,000 in the General Fund Community Development Department to reduce total property taxes levied. d. An increase of $198,000 in the General Fund Administration Department for visioning and economic development contingent upon increased revenues from the Transient Occupancy Tax rate increase. ADMINISTRATIVE SERVICES DEPARTMENT D. L. Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r~' CITY OF ASHLAND Memo e. An increase of $36,000 in the General Fund Administration Department for support to the Central Service Fund Administrative Services staffing to work on the fiscal stability goal resulting in an increase in property tax. f. Increases in the Street, Water, Wastewater and Electric funds for support to the Central Service Fund Administration and Administrative Services departments to work on the Employee Continuity study and staffing to support the fiscal stability goal and rate model work which will affect utility rate increases. g. An increase of $70,000 in the Central Service Fund Administration Department to work on the Employee Continuity project approved by Council. The project is funded by internal service charges. h. Increase in Central Service Fund Administrative Services Department of $84,000 to add staff to work on the fiscal stability goal and rate models which will affect utility rate increases. The position is funded by property taxes in the General Fund and internal service charges to the city enterprise funds. 3. Revisions recommended to Council by Staff: a. A Central Service Charge in the Airport Fund of $38,300 is proposed to recognize support from the other departments and to provide "soft match" to proposed projects funded by federal grants. b. An increase of $36,500 in the Capital Improvements Fund Transfers to correctly reflect the amount of transfer needed to fund actual debt service budgeted in the Debt Service Fund. This adjustment will remove any negative impact on the Debt Service Ending Fund Balance. c. An increase of $4,400 in the Electric Fund Debt Service to more accurately reflect the anticipated annual payment for the clean renewable energy bonds being negotiated at his time. The impact is a reduction to Ending Fund Balance. d. An increase of $33,200 in Central Service Fund Administration Department to correct for a reduction in staff taken twice in the prior revisions. There would be an equivalent reduction to Ending Fund Balance but it was offset by the increased payment from the Airport for a net increase of $5,100. The result of these changes is a total budget of $95,206,615 and a proposed property tax rate $4.0797 for all funds and debt service. A resolution incorporating all changes has been submitted. Mayor and Council can approve the resolution as submitted or make adjustments to appropriations within the guidelines established by Oregon Budget law that allows adjustments to any fund of up to $5,000 or 10%, whichever is larger. ADMINISTRATIVE SERVICES DEPARTMENT D. L. Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r~' City of Ashland Fiscal Year 2008-2009 Summary of Changes Staff Committee Revisions 2009 Preliminary 2009 5/15/2008 2009 Recommended 2009 Proposed Revisions Revised Revisions Approved to Council Adopted GENERAL FUND Administration Department 100,000 100,000 234,000 334,000 334,000 Administration Department - Library 334,746 334,746 334,746 334,746 Administration Department- Municipal Court 446,315 (4,135) 442,180 442,180 442,180 Administrative Services - Social Services Grants 124,570 124,570 124,570 124,570 Administrative Services - Economic & Cultural Grants 508,333 508,333 508,333 508,333 Administrative Services. Miscellaneous 9,000 9,000 9,000 9,000 Administrative Services - Band 60,619 60,619 60,619 60,619 Police Department 5,803,230 (58,165) 5,745,065 (150,000) 5,595,065 5,595,065 Fire and Rescue Department 5,231,602 (40,955) 5,190,647 (107,000) 5,083,647 5,083,647 Public Works - Cemetery Division 332,585 (955) 331,630 331,630 331 ,630 Community Development - Planning Division 2,395,369 (11,955) 2,383,414 (58,000) 2,325,414 2,325,414 Community Development - Building Division 813,741 (27,051) 786,690 786,690 786,690 Transfers 500 500 500 500 Contingency 482,000 482,000 482,000 482,000 Ending Fund Balance 1,155,253 143,216 1,298,469 (108,000) 1,190,469 1,190,469 TOTAL GENERAL FUND 17 ,797 ,863 17,797,863 (189,000) 17,608,863 17,608,863 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Personal Services 23,960 (343) 23,617 23,617 23,617 Materials and Services 414,470 414,470 414,470 414,470 Ending Fund Balance 11,456 343 11,799 11,799 11,799 TOTAL CDBG FUND 449,886 449,886 449,886 449,886 STREET FUND Public Works - Street Operations 3,919,131 (7,704 ) 3,911,427 13,750 3,925,177 3,925,177 Public Works - Storm Water Operations 975,821 (3,300) 972,521 972,521 972.521 Public Works - Transportation SDC's 381,310 381,310 381,310 381,310 Public Works, Storm Water SDC's 308,000 308,000 308,000 308,000 Public Works - Local Improvement Districts 813,588 813,588 813,588 813,588 New Debt 400,000 400,000 400,000 400,000 Transfers 200,000 200,000 200,000 200,000 Contingency 93,000 93,000 93,000 93,000 Ending Fund Baiance 3,636,919 11,004 3,647,923 (13,750) 3,634,173 3,634,173 TOTAL STREET FUND 10,727,769 10,727,769 10,727,769 10,727,769 AIRPORT FUND Materials and Services 38,260 38,260 38,260 38,300 76,560 Capital Outlay 25,000 25,000 25,000 25,000 Debt Service 314,780 314,780 314,780 314,780 Contingency 5,000 5,000 5,000 5,000 Ending Fund Balance 70,027 70,027 70,027 (38,300) 31,727 TOTAL AIRPORT FUND 453,067 453,067 453,067 453,067 CAPITAL IMPROVEMENTS FUND Personal Services 181,361 (2,795) 178,566 178,566 178,566 Materials and Services 389,325 389,325 389,325 389,325 Capital Outlay 300,000 300,000 300,000 300,000 Transfers 276,746 276,746 276,746 36,500 313,246 Contingency 50,000 50,000 50,000 50,000 Ending Fund Balance 1,787,411 2,795 1,790,206 1 ,790,206 (36,500) 1,753,706 TOTAL CAPITAL IMPROVEMENTS 2,984,843 2,984,843 2,984,843 2,984,843 G:\finance\Administration\Council Communication\June 08\Draft\Budget Committee recommendations and council action 09 Sheet1 5/29/20089:16 AM Staff Committee Revisions 2009 Preliminary 2009 5/15/2008 2009 Recommended 2009 Proposed Revisions Revised Revisions Approved to Council Adopted DEBT SERVICE FUND Debt Service 2,252,403 2,252,403 2,252,403 2,252,403 Ending Fund Balance 1,130,258 1,130,258 1,130,258 36,500 1,166,758 TOTAL DEBT SERVICE FUND 3,382,661 3,382,661 3,382,661 36,500 3,419,161 WATER FUND Public Works - Forest Lands Management Division 190,435 190,435 190,435 190,435 Public Works - Water Supply 644,819 644,819 13,750 658,569 658,569 Public Works - Water Treatment 1,068,394 (4,700) 1,063,694 13,750 1,077,444 1,077 ,444 Public Works - Water Distribution 4,037,883 (15,601) 4,022,282 13,750 4,036,032 4,036,032 Public Works - Reimbursement SDC's 237,750 237,750 237,750 237,750 Public Works - Improvement SDC's 611,100 611,100 611,100 611,100 Public Works - Debt SDC's 122,928 122,928 122,928 122,928 Electric- Conservation Division 190,345 (1,700) 188,645 188,645 188,645 Debt Services 779,019 779,019 779,019 779,019 Contingency 133,000 133,000 133,000 133,000 Ending Fund Balance 3,060,592 22,001 3,082,593 (41,250) 3,041,343 3,041,343 TOTAL WATER FUND 11,076,265 11,076,265 11,076,265 11,076,265 WASTEWATER FUND Public Works - Wastewater Collection 2,142,530 (6,500) 2,136,030 13,750 2,149,780 2,149,780 Public Works, Wastewater Treatment 2,821,270 (5,096) 2,816,174 13,850 2,830,024 2,830,024 Public Works - Reimbursement SDC's 127,890 127,890 127,890 127,890 Public Works - Improvement SDC's 133,110 133,110 133,110 133,110 Debt Services 1,782,949 1,782,949 1,782,949 1,782,949 Contingency 135,000 135,000 135,000 135,000 Ending Fund Balance 4,085,592 11,596 4,097,188 (27,600) 4,069,588 4,069,588 TOTAL WASTEWATER FUND 11,228,341 11,228,341 11,228,341 11,228,341 ELECTRIC FUND Electric - Conservation Division 529,950 (2,400) 527,550 527,550 527,550 Electric - Supply 5,842,504 5,842,504 17,700 5,860,204 5,860,204 Electric - Distribution 5,578,292 (21,222) 5,557,070 17,700 5,574,770 5,574,770 Electric - Transmission 903,600 903,600 903,600 903,600 Debt Services 21,200 21,200 21,200 4,400 25,600 Contingency 397,000 397,000 397,000 397,000 Ending Fund Balance 2,083,723 23,622 2,107,345 (35,400) 2,071,945 (4,400) 2,067,545 TOTAL ELECTRIC FUND 15,356,269 15,356,269 15,356,269 15,356,269 TELECOMMUNICATIONS FUND IT - Internet 1,607,898 (6,400) 1,601,498 1,601,498 1,601,498 IT - High Speed 440,795 (873) 439,922 439,922 439,922 Contingency 100,000 100,000 100,000 100,000 Ending Fund Balance 389,225 7,273 396,498 396,498 396,498 TOTAL TELECOMMUNICATIONS FUND 2,537,918 2,537,918 2,537,918 2,537,918 CENTRAL SERVICES FUND Administration Department 1,394,813 (49,180) 1,345,633 70,000 1,415,633 33,200 1,448,833 Administrative Services Department 1,666,400 (17,570) 1,648,830 84,000 1,732,830 1,732,830 IT - Computer Services Division 1,204,824 (8,000) 1,196,824 1,196,824 1,196,824 City Recorder Division 305,627 (2,290) 303,337 303,337 303,337 Public Works - Administration and Engineering 1,482,092 (14,400) 1,467,692 1,467,692 1,467,692 Contingency 150,000 150,000 150,000 150,000 Ending Fund Balance 10,074 91 ,440 101,514 101,514 5,100 106,614 TOTAL CENTRAL SERVICES FUND 6,213,830 6,213,830 154,000 6,367,830 38,300 6,406,130 G:\finance\Administration\Council Communication\June 08\Draft\Budget Committee recommendations and council action 09 Sheet1 5/29/2008 9: 16 AM Staff Committee Revisions 2009 Preliminary 2009 5/15/2008 2009 Recommended 2009 Proposed Revisions Revised Revisions Approved to Council Adopted INSURANCE SERVICES FUND Personal Services 85,895 (1,371) 84,524 84,524 84,524 Materials and Services 680,803 680,803 680,803 680,803 Contingency 125,000 125,000 125,000 125,000 Ending Fund Balance 976,432 1,371 977,803 977 ,803 977,803 TOTAL INSURANCE SERVICES FUND 1,868,130 1,868,130 1,868,130 1,868,130 EQUIPMENT FUND Personal Services 287,243 (3,561) 283,682 283,682 283,682 Materials and Services 562,122 562,122 562,122 562,122 Capital Outlay 930,000 (158,000) 772,000 772,000 772,000 Contingency 48,000 48,000 48,000 48,000 Ending Fund Balance 1,091,337 161,561 1,252,898 1,252,898 1,252,898 TOTAL EQUIPMENT FUND 2,918,702 2,918,702 2,918,702 2,918,702 CEMETERY TRUST FUND Transfers 60,000 60,000 60,000 60,000 Ending Fund Balance 790,918 790,918 790,918 790,918 TOTAL CEMETERY TRUST FUND 850,918 850,918 850,918 850,918 PARKS AND RECREATION FUND Parks Division 3,623,971 (31,300) 3,592,671 3,592,671 3,592,671 Recreation Division 1,119,094 (9,500) 1,109,594 1,109,594 1,109,594 Golf Division 414,611 (2,400) 412,211 412,211 412,211 Contingency 50,000 50,000 50,000 50,000 Ending Fund Baiance 1,147,414 43,200 1,190,614 1,190,614 1,190,614 TOTAL PARKS AND RECREATION FUND 6,355,090 6,355,090 6,355,090 6,355,090 YOUTH ACTIVITIES LEVY FUND Materials and Services 457,671 457,671 457,671 457,671 Ending Fund Balance TOTAL YOUTH ACTIVITIES LEVY FUND 457,671 457,671 457,671 457,671 PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay 400,000 400,000 400,000 400,000 Ending Fund Balance 107,590 107,590 107,590 107,590 TOTAL PARKS CAPITAL IMP. FUND 507,590 507,590 507,590 507,590 TOTAL BUDGET 95,166,815 95,166,815 (35,000) 95,131,815 74,800 95,206,615 Less Ending Fund Balance 21,534,221 519,422 22,053,643 (226,000) 21,827,643 (37,600) 21,790,043 Total Appropriations 73,632,594 (519,422) 73,113,172 191,000 73,304,172 112,400 73,416,572 G:\finance\Administration\Council Communication\June 08\Draft\Budget Committee recommendations and council action 09 Sheet1 5/29/20089:16 AM CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: An Ordinance Levying Taxes for the Period of July 1,2008 to and including June 30,2009, such taxes in the sum of $8,616,000 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon June 3, 2008 Primary Staff Contact: Administrative Services E-Mail: None Secondary Contact: Martha Benne Estimated Time: Lee Tuneberg tune berl@ashland.or.us None 15 minutes Question: Should Council Levy the Taxes for the Period of July 1, 2008 to and including June 30, 2009 as presented? Staff Recommendation: Staff recommends approval of the accompanying Ordinance. Background: The operating property tax rate is calculated to increase from $3.9447 to $4.0797. The net increase of $.135 includes $.02 for an increase in 1.0 FTE for Fiscal Stability and funds for an Employee Continuity Study, both related to Council Goals. The remaining $.115 increase will be for revenue for General Fund Operations. The new rate continues to include a $.1750 rate to help pay for debt service requirements for the Ashland Fiber Network loan and $2.0928 for the Parks Fund. The local option levy that is included for the Library has Committee approval of $.13. This levy will generate $254,000 in taxes with an estimated net amount received after uncollectible of $233,680. The ordinance is consistent with the Budget Committee's approved tax rates and amounts. Related City Policies: Financial Management Policies Council Options: a. Council approves the Ordinance as presented. b. Council does not approve the Ordinance as presented. Potential Motions: a. Council moves to approve the Ordinance as presented. b. Council moves to approve the Ordinance as presented as modified by discussion. c. Council takes no action pending further information or clarification. Attachments: An Ordinance Levying Taxes for the Period of July 1,2008 to and including June 30, 2009, such taxes in the sum of$8,616,000... r~' ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2008 TO AND INCLUDING JUNE 30, 2009, SUCH TAXES IN THE SUM OF $8,616,000 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $4.0797 per thousand an amount estimated to be $7,956,000, voter authorized Local Option in the rate of $.13 per thousand an amount estimated to be $254,000 as well as $406,000 authorized for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2008, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Subject to General Excluded from General Government Limitation Government Limitation Rate Permanent Rate Local Option Bonded Debt Per $ 1,000 General Fund - Operations $ 3,533,000 1.8119 General Fund - Technology Fee 341,000 0.1750 Parks and Recreation Fund 4,082,000 2.0928 Ashland Library Levy 254,000 0.1300 2000 Flood and Fire Station Bonds 177,400 2005 Refinancing 228,600 $ 7 ,956,000 $ 254,000 $ 406.000 The foregoing ordinance was first READ on the _ day of June, 2008 and duly PASSED and ADOPTED this _ day of June, 2008. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of June, 2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney CITY OF ASHLAND Council Communication Public Hearing: Increase to the Transient Occupancy Tax by 20/0 Meeting Date: June 3, 2008 Primary Staff Contact: Lee Tuneberg Department: Administration E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: Ann Seltzer Approval: Martha Benn Estimated Time: 30 minutes Question: Does Council wish to increase the Transient Occupancy Tax (TOT) from 7% to 9%? Staff Recommenda tion: Consider the input from the public forums held in February and input from the public hearing and determine whether or not to increase the TOT. Background: At the regular City Council meeting on April 15, 2008 staffwas directed to schedule a public hearing to hear input on raising the TOT by 2%. At the April 15 meeting staff provided a spreadsheet with a suggested allocation of the increase funds. The council voted to modify the staff recommendation to allot $225,000 to the Visitor and Convention Bureau, $109,000 for Economic and Cultural Development Grants and $68,000 for qualified City projects including the set aside for public art. During the same meeting, the Council voted to allocate 5% of the TOT increase for the purpose of public art. The attached spreadsheet reflects the current allocation of funds, allocation of funds based on a 2% increase reflecting council direction including public art and staffs previously suggested allocation of funds based on a 2% increase including public art. From April 15, 2008 Existing. 7% Staff Proposal - 9% Council Direction - 9% TOTAL REVENUE $1,525,000 $1,961,000 $1,961,000 Subtotal Non Tourism $1,308,000 $1,438,000 $1,438,000 . General Fund $1,017,000 $1,017,000 $1,017,000 . Small Grants $116,000 $116,000 $116,000 . Chamber Economic Dev. $175,000 $80,000 $80,000 . City Economic $0 $225,000 $225,000 Dev./Strategic Planning Subtotal tourism $217,000 $522,000 $522,000 . VCB qrant $88,000 $300,000 $225,000 . OSF $120,000 $120,000 $120,000 . Small tourism grants $9,000 $59,000 $109,000 . Public Art $0 $15,000 $15,000 . Qualified city projects $0 $28,000 $53,000 Page I of3 6 03 08 CC TOT ~~, CITY OF ASHLAND ORS 320.300 states funds generated from a lodging tax increase may be used as follows: "Tourism promotion" means any of the following activities 1. Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourist; 2. Conducting strategic planning and research necessary to stimulate future tourism development; 3. Operating tourism promotion agencies; and 4. Marketing special events and festivals designed to attract tourists. "Tourism promotions agency" includes" 1. An incorporated nonprofit organization or government unit that is responsible for the tourism promotion of a destination on a year-round basis; 2. A nonprofit entity that manages tourism related economic development plans, programs and projects. 3. A regional or statewide association that represents entities that rely on tourism related business for more than 50 percent of their total income. "Tourism-related facility": 1. Means a conference center, convention center or visitor information center; and 2. Means other improved real property that has a useful life if 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities. ORS 320.300 defines "tourist" as: "A person who, for business, pleasure, recreation or participation in events related to the arts, heritage or culture, travels from the community in which that person is a resident to a different community that is separate, distinct from and unrelated to the person's community of residence, and that trip requires the person to travel more than 50 miles from the community of residence; or includes an overnight stay". In order to comply with State law and the use of the new funds the City will need to require additional documentation in the Economic and Cultural Grant application process. Additional application requirements will include a marketing outreach plan to communities more than 50 miles away and indication of the applicant ability to implement the plan, and a means of tracking attendees to determine if they meet the definition of tourist as defined in ORS 320.300. For accounting purposes and to insure compliance with State law, the Finance department will keep the increase funds separate from the existing funds allocated for Economic and Cultural Development grants. Page 20f3 6 03 08 CC TOT r~' CITY OF ASHLAND If council approves the increase, council will need to approve an amendment to AMC 4.24 Transient Occupancy Tax and a resolution detailing the allocation of the funds which will come to the council at a future date. Related City Policies: AMC 4.24.020 Resolution 2007-08 Council Options: Council can: · Increase the TOT by 2% and indicate how the funds should be allocated. · Decide not to increase the TOT at this time · Provide other direction to staff Potential Motions: 1. Move to approve increasing the transient occupancy tax by 2% and allocate the funds in the following manner: 2. Move to retain current TOT tax at 7%. Attachments: . Draft ordinance . List of Economic and Cultural grant recipients (2009 proposed) . Council Member Chapman table distributed on 4/15/2008 . 4/15/2008 Council Communication with corrected table The council packet from April 15, 2008 contained a list of comments received during the public forums on TOT increase and on the benefits and use of funds from a TOT increase. The public input is available online. Hard copies are available upon request. Page 3 of3 6 03 08 CC TOT rj.' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.24.020 OF THE ASHLAND MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, ORS 320.350(6) authorizes local governments to increase transient occupancy taxes provided certain limitations and restrictions are imposed on the funds collected; and WHEREAS, the City of Ashland conducted two public forums, several public meetings and a public hearing, the later being on June 3, 2008 on the question of whether the City's seven percent (7%) transient occupancy tax should be increased, by what percentage and for what purpose; and WHEREAS, after due consideration of input from the public, staff and due deliberation, the City of Ashland finds it necessary and desirable to increase the City's transient occupancy tax by two percent (2%) to promote tourism, tourism-related facilities, economic development and other appropriate purposes consistent with the limitations in state law for use of such funds; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT. AMC 4.24.020 is amended to read as follows: 4.24.020 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of seven (7%) nine (9%) percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The operator shall collect and record the tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting, and when earned if the operator keeps records on the accrual accounting bases. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. SECTION 2. CLASSIFICATION OF THE FEE. The tax specified in Ashland Municipal Code Section 4.24.020 as set forth in Section 1 of this ordinance is classified as not subject to the limits of section 11 b of Article XI of the Oregon Constitution SECTION 3. SEVERABILITY" Ordinance No. Transient Occupancy Tax Amendment Page 1 of 2 The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. SAVINGS CLAUSE. Notwithstanding this amendment, the City ordinances in existence at the time any legal action for collection, enforcement or other purpose authorized or referenced in Chapter 4.24 [Transient Occupancy Tax] of the Ashland Municipal Code that was legally commenced, shall remain valid and in full force and effect for purposes of all cases and actions filed or commenced during the times said ordinance(s) or portions thereof were operative. SECTION 5. DELAYED EFFECTIVE DATE. In accordance with Article 10, Section 3 of the Ashland City Charter, the City Council deems it advisable to specify a delayed effective for this ordinance increasing the transient occupancy tax to nine percent. Accordingly, Section 1 of this Ordinance shall take effect on October 1, 2008. SECTION 6. 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, and typographical errors and cross-reference corrections, corrected by the City Recorder, provided however that Sections 2 thru 6, 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 , 2008, and duly PASSED and ADOPTED this _ day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008. John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Transient Occupancy Tax Amendment Page 2 of 2 City of Ashland Economic & Cultural Development Grant Applications FY 2008-09 listed in the order received Requested Proposed* Tourism** Southern Oregon Concert Band $ 5,000 2,500 1,250 Nuwandart 4,500 Youth Symphony 6,500 3,500 St. Clair 20,000 4,000 2,000 Oregon Stage Works 20,000 4,500 2,250 Ashland Bed and Breakfast 25,000 5,000 5,000 SOU Foundation-Native American Programs 5,000 2,500 1,250 Siskiyou Singers 6,500 2,500 375 Ballet Rogue 12,000 4,500 1 ,485 Rogue Opera 18,000 7,000 700 Ashland Gallery Association 27,905 11,000 2,750 Dancing People Company 5,000 2,500 500 City of Ashland-Public Art Commission 5,000 Jefferson Center 5,000 2,500 1,250 Southern Oregon Film Society/Ashland Independer 35,000 19,566 9,783 Southern Oregon Repertory Singers 7,500 2,500 1,000 Ashland Artisan Gallery and Art Center 10,000 Friends of the Ashland Public Library/Chautauqua I 5,000 2,500 Rogue Valley Symphony 15,000 6,710 671 Lithia Arts Guild 12,500 5,000 2,350 Peace House 7,500 Scienceworks 25,250 16,567 8,284 THRIVE 26,000 15,567 Multicultural Association 7,445 2,500 ArtWork Enterprises, Inc. 4,090 2,500 Total Requested $ 320,690 125,410 40,898 Amount Available $ 125,410 Minimum Tourism Amount Required $ 8,917 * Proposed Allocation from budget Subcommittee .. Toursim amount included in application G:\finance\Administration\Council Communication\June 08\Final\060308 Increase TOT,atch2,xls 5/29/2008 TOT Discussion David Chapman - 4/15/2008 I modified Martha's spreadsheet of a possible distribution for the TOT at 9%. I rounded the numbers up to $2M for easier playing with allocations. I have explained my reasoning in the notes following the table. Total Estimated Collections $2,000,000 100% Total Non-Tourism Qualified $1,500,000 75% Total Tourism $500,000 25% Non-Tourism Qualified General Fund 1,000,000 50% Economic Development Department $125,000 Economic Development Grants $200,000 Chamber of Commerce E D $100,000 Cultural Grants $75,000 Total $500,000 25% Tourism Qualified VCB Grant $100,000 OSF Marketing $100,000 Tourism Grants $150,000 Qualified City Projects $150,000 Total $500,000 25% Notes: 1. Given the increase in revenue if we can reduce the percentage allotted to the General Fund to 50% from 66.6% and maintain about the same dollars. 2. If we decide to add an Economic Development position that could be partially funded with non-tourist dollars. 3. Divide the former Econ Cultural grant pool into three separate buckets. (Economic Development, Cultural and Tourism). 4. Economic Development grants could be used for well-defined short- term proposals or for support of groups such as TRIEVE. The money for Visioning and Eco Dev plan would come from here for two years. Later the larger pool would allow us to target our goals and diversify our economy. 5. The Chamber gets support for general Econ Dev work with the expectation that they would receive funding for additional projects from the Econ Dev grant pool. 6. Cultural grants are now entirely based on Artistic and Cultural benefit for the community. 7. Funding for the VCB gets increased support the general operation with the expectation that they would receive additional funding for projects from Tourism grants. 8. OSF marketing remains about the same. 9. Tourism grants support increased targeted marketing and development for community groups such as the Film Festival, Science Works, the B&Bs, etc. Funding to SOY A may be granted to leverage local marketing money. 10. Money is set aside for City improvements as defined by state law to support tourist facilities, such as a parking facility. CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Increase in Transient Occupancy Tax April 15, 2008 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Bennett Estimated Time: Lee Tuneberg tune berl@ashland.or.us Ann Seltzer 30 minutes Question: Does Council want to schedule a public hearing for formal consideration of an increase in the Transient Occupancy Tax? Staff Recommendation: Staff recommends Council schedule a public hearing to consider an increase in the Transient Occupancy Tax from 7% to 9%. Background: Council has discussed a possible increase to the TOT and the use of the funds at three previous meetings: February 6,2007, September 18,2007 and March 3, 2008. At the study session on March 3, Council requested staff prepare information showing the possible distribution of the revenues generated from a TOT 1 % and 2% increase and associated expenses. Councilors discussed the following possible uses of the "non-tourism" funds that would be generated by an increase. · Council Goals, including economic development and visioning · Improvements to public spaces, including ideas such as Plaza renovation or new public space downtown. . Public Art Council also discussed some of the ideas generated during the public meetings for the amount of the increase that would be required to go to tourism promotion. That discussion was more general, but the general consensus was it should go to activities that increase visitor stays during the shoulder season. Attached to this memo is a spreadsheet that outlines, in broad terms, what staff recommends for distribution of TOT funds if the Council wants to formally consider an increase. Staff urges Council have a discussion about whether this basic outline would achieve desired policy results, knowing that any actual revenue generated from an increase would need to be allocated either through the Budget Process or through a Supplemental Budget. Staff knows Council may wish to modify the dollar amounts that might go to any of the specific categories on the attached spreadsheet. Generally speaking, staff believes Council can accomplish a great deal more - both in tourism-related activities and non-tourism projects - with a 2% increase than with a 1 % increase. Page I of3 CC - TOT 4-15-08 r.t. , CITY OF ASHLAND The overall recommendation is that Council consider the following if you decide to increase the tax; 1. Using all of the funds that would be "non-tourism" dollars from the increase for Economic Development and Council Goals projects. Staff recommends the first project paid for by these funds be the Visioning/Community-Based Strategic Plan project. If Council opts for a two percent increase, the amount available for Economic Development and Council Goal projects is estimated at approximately $225,000 per year. This would be approximately $160,000 if Council decides to increase the tax by 1 %. 2. Reducing the amount granted to the Chamber of Commerce for Economic Development work from $175,000 to $80,000. This change would recognize that the City wishes to increase its role in economic development but there are still some activities we wish the Chamber to perform. These activities would need to be specified in the contract with the Chamber and there needs to be performance measures tied to these activities. We recommend this change regardless of whether Council adopts a 1 % or 2% increase. 3. Increasing the total amount granted to the Visitors and Convention Bureau (VCB) that is operated by the Chamber of Commerce. The attached table shows increasing the grant from $88,000 to a total of $300,000. The Chamber has given us a specific recommendation about what they would do with this total award (not just the difference) should the Council agree to this recommendation. Regardless of the total amount the Council wishes to grant to the VCB, the City's grant should be directed to specific activities that meet the State's definition of tourism. Additionally, staff recommends we track, at least by quarter, the total collections for TOT and possibly also average occupancy rates, to see if these activities are actually producing added overnight stays in our lodging businesses. If Council increases the tax by 1 % instead of 2%, then we recommend a grant of$191,000. 4. Increasing the amount available for the small grants that are tourism based by $50,000. There are several grantees who do have a relationship to tourism that may be able to increase overnight stays if they had additional dollars for marketing. We also understand the Bed & Breakfast Association is incorporated as a non-profit and has applied for City TOT funded grants. We recommend this change with both a 1 % and a 2% increase. 5. Setting aside the remainder of funds, currently estimated at approximately $43,000 for a 2% increase and $0 (zero) for tourism related capital projects. Some of the capital projects the City could fund include a renovation of the Plaza, qualified public art projects, and sidewalk and streetscape improvements in the commercial and tourist areas of Ashland. 6. Staff recommends the other allocations of TOT revenue - General Fund Services, OSF Marketing Grant, and the non-tourism small grants - remain the same even if the tax is increased. Council should discuss whether it wishes to proceed with a TOT increase and also should decide how it wishes to allocate the funds (either as proposed by staff or in some other modification). Staff believes that at least a general sense of the proposed allocation will help people provide feedback about the proposal during the public hearing. Page 20f3 CC - TOT 4-]5-08 ~~, CITY OF ASHLAND Related City Policies: Resolution 2007-08 Council Options: Council can: · Schedule an increase of either 2% or 1 % for a public hearing. Council should then indicate generally how it wishes to allocate the funds. · Decide not to increase the TOT at this time · Provide other direction to staff Potential Motions: Attachments: . Spreadsheet showing TOT increase and possible allocation . Proposed Plan from Chamber of Commerce . List of comments from public forums on TOT increase on the benefits and use of funds from a TOT increase Page 3 of3 CC - TOT 4-15-08 ~A' TOT Increase Discussion Spreadsheet FY 2008-2009 April 15, 2008 - Corrected Budget & Alternate Recommended Existing 7% Percent Estimate at 8% Percent Estimate at 9% Percent Total Estimated Collections $1,525,000 $1,743,000 $1,961,000 Total Non-Tourism Qualified Dollars $1,308,000 85.77% $1,373,000 78.77% $1,438,000 73.33% Existing General Fund Services $1,017,000 66.69% $1,017,000 58.35% $1,017,000 51.86% Additional General Fund Revenues from Increase $0 N/A $65,000 30.00% $131,000 30.00% Total Available to the General Fund - Existing $1,017,000 66.69% $1,082,000 62.08% $1,148,000 58.54% Available Beyond Existing General Fund Services $291,000 $356,000 $421,000 Economic and Cultural Grants (non tourism portion) $116,000 $116,000 $116,000 Chamber of Commerce Eco.Deve. $175,000 $80,000 $80,000 City Visioning/Strategic Plan/Economic Development $0 $160,000 $225,000 Total Original Tourism Dollars from state requirement $217,000 14.23% $217,000 14.23% $217,000 14.23% Additional Tourism Dollars requirement $0 N/A $153,000 70.00% $305,000 70.00% Tourism Dollars Requirement Subtotal $217,000 14.23% $370,000 21.23% $522,000 26.62% VCB Grant (Chamber) $88,000 $191,000 $300,000 OSF Marketing Grant $120,000 $120,000 $120,000 Economic and Cultural Grants for Tourism portion $9,000 $59,000 $59,000 Qualified City Projects for Tourism $0 $0 $43,000 All numbers are rounded for ease of use. CITY OF ASHLAND Council Communication Resolution Adopting the Annual Budget and Making Appropriations Meeting Date: June 3, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Se Ices E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Be Estimated Time: 15 minutes Question: Should Council adopt the Fiscal Year 2008-09 Annual Budget and make appropriations as presented? Staff Recommenda tion: Staff recommends approval of the accompanying Resolution. Background: The Budget Committee and/or Budget Sub Committee met numerous times this winter and spring and thoroughly reviewed this budget. On May 15,2008, the Budget Committee approved the budget and recommended it for adoption. The combined total appropriation for all funds is $73,416,572. This number does not include the unappropriated balance of$21,790,043. These amounts may be adjusted as determined by Council within the guidelines established by Oregon Budget Law. A summary is provided that identifies changes made to the proposed budget to create the approved budget. Related City Policies: None Council Options: a. Council approves the Resolution as presented. b. Council does not approve the Resolution as presented. Potential Motions: a. Council moves to approve the Resolution as presented. b. Council moves to approve the Resolution as presented as modified by discussion. c. Council takes no action pending further information or clarification. Attachments: A Resolution Adopting the Annual Budget and Making Appropriations r4.' RESOLUTION NO. 2008-_ A RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING APPROPRIATIONS The City of Ashland resolves that the 2008-2009 Fiscal Year Budget, now on file in the office of the City Recorder is adopted. The amounts for the fiscal year beginning July 1, 2008, and for the purposes shown below are hereby appropriated as follows: SECTION 1. GENERAL FUND Administration Department Administration Department - Library Administration Department- Municipal Court Administrative Services - Social Services Grants Administrative Services - Economic & Cultural Grants Administrative Services - Miscellaneous Administrative Services - Band Police Department Fire and Rescue Department Public Works - Cemetery Division Community Development - Planning Division Community Development - Building Division Transfers Contingency TOTAL GENERAL FUND $ 334,000 334,746 442,180 124,570 508,333 9,000 60,619 5,595,065 5,083,647 331,630 2,325,414 786,690 500 482,000 16,418,394 COMMUNITY DEVELOPMENT BLOCK GRANT FUND Personal Services Materials and Services TOTAL CDBG FUND 23,617 414,470 438,087 STREET FUND Public Works - Street Operations Public Works - Storm Water Operations Public Works - Transportation SDC's Public Works - Storm Water SDC's Public Works - Local Improvement Districts Transfers Debt Service Contingency TOTAL STREET FUND 3,925,177 972,521 381,310 308,000 813,588 200,000 400,000 93,000 7,093,596 AIRPORT FUND Materials and Services Capital Improvement Debt Service Contingency TOTAL AIRPORT FUND 76,560 25,000 314,780 5,000 421,340 CAPITAL IMPROVEMENTS FUND Personal Services Materials and Services Capital Outlay Transfers Contingency TOTAL CAPITAL IMPROVEMENTS 178,566 389,325 300,000 313,246 50,000 1,231,137 DEBT SERVICE FUND Debt Service TOTAL DEBT SERVICE FUND 2,252,403 2,252,403 WATER FUND Electric - Conservation Division Public Works - Forest Lands Management Division Public Works - Water Supply Public Works - Water Treatment Public Works - Water Distribution Public Works - Reimbursement SDC's Public Works - Improvement SDC's Public Works - Debt SDC's Debt Services Contingency TOTAL WATER FUND WASTEWATER FUND Public Works - Wastewater Collection Public Works - Wastewater Treatment Public Works - Reimbursement SDC's Public Works - Improvement SDC's Debt Service Contingency TOTAL WASTEWATER FUND ELECTRIC FUND Electric - Conservation Division Electric - Supply Electric - Distribution Electric - Transmission Debt Service Contingency TOTAL ELECTRIC FUND TELECOMMUNICATIONS FUND IT - Internet IT - High Speed Contingency TOTAL TELECOMMUNICATIONS FUND CENTRAL SERVICES FUND Administration Department Administrative Services Department IT - Computer Services Division City Recorder Division Public Works - Administration and Engineering Contingency TOTAL CENTRAL SERVICES FUND INSURANCE SERVICES FUND Personal Services Materials and Services Contingency TOTAL INSURANCE SERVICES FUND EQUIPMENT FUND Personal Services Materials and Services Capital Outlay Contingency TOTAL EQUIPMENT FUND CEMETERY TRUST FUND Transfers TOTAL CEMETERY TRUST FUND 188,645 190,435 658,569 1,077,444 4,036,032 237,750 611,100 122,928 779,019 133,000 8,034,922 2,149,780 2,830,024 127,890 133,110 1,782,949 135,000 7,158,753 527,550 5,860,204 5,574,770 903,600 25,600 397,000 13,288,724 1,601,498 439,922 100,000 2,141,420 1,448,833 1,732,830 1,196,824 303,337 1,467,692 150,000 6,299,516 84,524 680,803 125,000 890,327 283,682 562,122 772,000 48,000 1,665,804 60,000 60,000 PARKS AND RECREATION FUND Parks Division Recreation Division Golf Division Contingency TOTAL PARKS AND RECREATION FUND YOUTH ACTIVITIES LEVY FUND Materials and Services TOTAL YOUTH ACTIVITIES LEVY FUND PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay TOTAL PARKS CAPITAL IMP. FUND TOTAL APPROPRIATIONS 3,592,671 1,109,594 412,211 50,000 5,164,476 457,671 457,671 400,000 400,000 $ 73,416,572 SECTION 2. This Resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of , 2008, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Signed and Approved on this _ day of June, 2008. Approved as to form: Richard Appicello, City Attorney John W. Morrison, Mayor CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions Primary Staff Contact: E-Mail: Secondary Contact: Estimated Time: June 3, 2008 Administrative Services None Martha Benn Lee Tuneberg tuneberl@ashland.or.us None 5 minutes Question: Should Council certify that the City qualifies for State Subventions? Staff Recommendation: Staff recommends approval of the attached resolution. Background: Council certifies this activity by resolution each year prior to adopting a second resolution that elects to receive state funds. This is a necessary step in the 2008-2009 budget process. Related City Policies: None Council Options: a. Council certifies that the City qualifies based upon the services rendered. b. Council does not certify that the City qualifies based upon the services rendered. Potential Motions: a. Council moves to certify the City provides sufficient Municipal Services to Qualify for State Subventions. b. Council moves to certify the City provides sufficient Municipal Services to Qualify for State Subventions as modified by discussion. c. Council takes no action pending further information or clarification. Attachments: Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions r~' RESOLUTION 2008- RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL SERVICES TO QUALIFY FOR STATE SUBVENTIONS RECITALS: A. ORS 221.760 provides as follows: Section 1. The officer responsible for disbursing fund to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: 1. Police Protection 2. Fire Protection 3. Street construction, maintenance, lighting 4. Sanitary Sewer 5. Storm Sewer 6. Planning, zoning and subdivision control 7. One or more utility services B. City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with 221.760. Be it resolved, the City of Ashland hereby certifies that it provides the following municipal services enumerated in ORS 221.760(1): 1. Police Protection 2. Fire Protection 3. Street construction, maintenance, lighting 4. Sanitary Sewer 5. Storm Sewer 6. Planning 7. Electric Distribution 8. Water This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this takes effect upon signing by the Mayor. day of , 2008, and Barbara Christensen, City Recorder SIGNED AND APPROVED this _ day of June, 2008. Reviewed as to form: John W. Morrison, Mayor Richard Appicello, City Attorney CITY OF ASHLAND Council Communication Resolution Declaring the City's Election to Receive State Revenues Meeting Date: June 3, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benn Estimated Time: 5 minutes Question: Should Council declare the City receive State revenues? Staff Recommendation: Staff recommends approval of the attached resolution. Background: Council annually adopts a resolution electing to receive an apportionment of the Oregon Department of Administrative Services General Fund revenues derived from taxes imposed as part of State Revenue Sharing. Related City Policies: None Council Options: a. Council declares that the City should elect to receive State Revenues. b. Council does not declare that the City should elect to receive State Revenues. Potential Motions: a. Council moves to declare the City to elect to receive State Revenues. b. Council moves to declare the City to elect to receive State Revenues as modified by discussion. c. Council takes no action pending further information or clarification. Attachments: Resolution Declaring the City's Election to Receive State Revenues r~' A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES I certify that a public hearing before the Budget Committee was held on May 15, 2008 and a public hearing before the City Council was held on June 3, 2008, giving citizens an opportunity to comment on use of State Revenue Sharing. Barbara Christensen, City Recorder Council Communication CITY OF ASHLAND Meeting Date: Department: Secondary Dept.: Approval: Public Safety Dispatch Contract June 3, 2008 Primary Staff Contact: Police E-Mail: Finance Secondary Contact: Martha Be e Estimated Time: Terry Holderness Holdernet@ashland.or.us Tuneber1@ashland.or.us 10 minutes Question: Should the Council approve the public safety dispatch contract with the City of Medford as proposed? Staff Recommendation: Staff recommends that Council vote to approve the public safety dispatch contract with the City of Medford as proposed. Background: In 2003 the City entered into an agreement with the City of Medford to supply dispatch services to the police and fire departments. That contract has expired and City of Medford has offered to renew the contract at a total cost of $692,000. This is an approximate 18% increase over the cost of the last year to the existing contract. The City of Ashland generates approximately 25% of the total activity in the Medford dispatch center. Under the new contract Medford is charging Ashland 25% ofthe total cost of maintaining the dispatch center. The police, fire and finance departments have analyzed the methodology being used by the City of Medford to determine the cost of the dispatch contract and feel that it is reasonable. After the original contract was signed the police department liquidated all of the equipment required to operate a dispatch center. The police department would not be able to reopen it's dispatch center without a significant investment in new dispatch equipment. Police department staff has approached the only other dispatch center in Jackson County about the possibility of entering into a contract to provide dispatch services for the City of Ashland. We were advised that the dispatch center did not have the capacity to supply dispatch services to Ashland. Jackson County is now using grant funding to conduct a study on the feasibility of consolidating all public safety dispatch services in the county. The purpose of that study is to determine if one consolidated dispatch center will reduce dispatch costs for the entire county. If the study determines that a consolidated dispatch center is cost effective we estimate that center would be open and able to provide us with dispatch services in three to five years. Related City Policies: Section 2.50.020 Public Contracting Officer's Authority A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer may execute without prior Council approval contracts that satisfY all of the following: i. The contract has a total value of seventy-jive thousand dollars ($75,000) or less; Page I of2 CC-dispatch contract rA1 ii. The contract does not exceed a twenty-four month contract period; iii. The contract provides that the contract may be terminated by the City for convenience thirty (30) or fewer days following delivery of written notice to the contractor; iv. Funds are budgeted for the purpose of the contract; v. The contract has been approved as to form by Legal Counsel unless it meets one of the exemptions set forth below; in Section 2.50.025, and, vi. All other requirements for public contract code procurement have been satisfied CITY OF ASHLAND Section 2.50.025 Procedure for Review by Legal Counsel B. Exemption from Review. Legal counsel review is not required in the following circumstances: 4. The total contract amount is less than $25,000. Section 2.50.075 Sole Source The appropriate department head shall determine when there is only one seller or price of a product of the quality required available within a reasonable purchase area. To the extent reasonably practical, the appropriate department head shall negotiate with the sole source to obtain contract terms advantageous to the contracting agency. The determination of a sole source must be based on written findings that may include: (1) That the efficient utilization of existing goods requires the acquisition of compatible goods or services; (2) That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; (3) That the goods or services are for use in a pilot or an experimental project; or (4) Other findings that support the conclusion that the goods or services are available from only one source. Council Options: The Council can either approve the contract as presented or request that the police department attempt to renegotiate the contract with the City of Medford. Potential Motions: I make a motion to approve the proposed contract with the City of Medford to supply public safety dispatch services for the City of Ashland. Attachments: Contract for public safety dispatch services with the City of Medford. Page 2 of2 CC-dispatch contract rA' Communications Services Su bscription -Agreement Between THE CITY OF MEDFORD An Oregon Municipal Corporation, Provider And THE CITY OF ASHLAND An Oregon Municipal Corporation, Subscriber 1. PURPOSE By this Agreement, the Provider shall furnish basic emergency communications services as herein defined.. 2. DEFINITIONS As used in this Agreement: Basic emergency communications service (basic service) means those services particularly described on Schedule A for fire and police agencies respectively. Business/service call means a telephone or radio call for service handled by Provider for the Subscriber, and which is not a 9-1-1 call. CAD is an acronym for Computer Aided Dispatch for Police, Fire and EMS dispatching purposes. Extended services are particular services provided by Provider beyond those included as basic service.Field-initiated request means a communication which is handled by Provider from one of the Subscriber's service units in the field. Incident means either a 9-1-1 call, a business/service call, or a field-initiated request as those Terms are herein defined, that generates an incident number for the Subscriber. Manager means the RVCCOM Communications Manager. 9-1-1 call means a telephone call for service received over a 9-1-1 line. Provider means the City of Medford. RVCCOM is an acronym for Rogue Valley Consolidated Communications, a division of the Medford Police Department within the City of Medford. SORC is an acronym for Southern Oregon Regional Communications.Subscriber, (not capitalized) where used in the plural or generic context means any public agency subscribing to basic service from Provider under similar contract.Supervisor means the RVCCOM Operations Supervisor( s). System Delivery and Services means the shared Computer Aided Dispatch Police, Fire, and EMS System intended to serve the parties as referenced in this agreement. Provider owns and administers shared CAD system, providing connectivity and security measures to Subscriber. (see Schedule B for associated costs)Subscriber shall be directly responsible for the purchase of all specified equipment and installation services at their locations (such as desk top computers; MDC equipment; fiber/Tl connectivity to receiving points, etc). Subscriber shall be responsible for all maintenance, upgrades, and replacement of their own equipment. Provider manages CAD licensing. In the event licenses above the available number are required by Subscriber, Subscriber shall submit a request through Provider to obtain additional licenses at an additional cost to Subscriber. 3. COMMUNICATIONS LINKAGE AND MAINTENANCE Subscriber shall independently, at their own expense, provide or arrange for installation, implementation, maintenance and support of all lines and equipment necessary to transmit telephone, radio and radio microwave signals to and from Provider's receiving point(s) (such as portable and mobile radios; base stations, towers, repeaters at subscribers locations; fiber/Tl connectivity to receiving points, etc). Provider's responsibility is limited to accepting communications links. Provider shall have no responsibility for maintenance or support of communications lines and equipment except to contract with Qwest Communications, its subsidiaries, successors or approved Contractors for 9-1-1 and E-9-1-1 lines and equipment, and to provide for maintenance of other equipment and software required for Provider's effective operation of the system. 4. DISPATCH PROCEDURES 4.1 Not later than 14 days prior to its effective date, Subscriber shall furnish Provider a complete copy of any proposed new or revised procedure, which would affect Provider's operations. Within 14 days after receipt, Provider shall notify Subscriber of any provision, which is incompatible with Provider's operating needs. Unless Provider gives such notice, any such new or revised procedure shall be accepted and implemented by Provider no later than 15 days after its receipt. 4.2 Subscriber may designate a particular procedure change as critical, where that change is required by court order or other exigent circumstances. Provider shall, to the extent possible, implement immediate procedures, which accommodate the change. If any such procedure is incompatible with Provider's operating needs, Provider shall notify Subscriber of the reasons, therefore, while still implementing the change to the greatest extent possible. 4.3 If Subscriber and Provider cannot informally resolve any dispute under paragraph 4.1 or 4.2 as to dispatch procedures, either party may request that the differences be reviewed by the Medford Chief of Police as provided in paragraph 7.6. 4.4 Provider shall train its personnel in those of Subscriber's procedures and regulations, which Provider deems necessary to effectively dispatch and communicate with Subscriber's personnel. Provider will train Subscriber's personnel as need is determined by Provider and Subscriber. Training of Subscriber's personnel will consist of radio procedure, introduction and review of the emergency communications system, and topics that the Subscriber and Provider agree will promote efficient and effective use of the communications system. 4.5 Subscriber shall provide and continuously update current personnel work schedules and information necessary for Provider to contact Subscriber's on-call personnel. 5. ADMINISTRATIVE RESPONSIBILITY 5.1 Provider shall have full authority and responsibility over hiring, training, discipline, scheduling, and assignment of personnel assigned to perform and to supervise services provided under this Agreement. Provider shall have full discretion and authority to assign priority service among conflicting service demands at any given time. 5.2 Provider may contract to provide services to other subscribers at its discretion; however, Provider shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to Subscriber. 6. SERVICE To assure the best possible service to the Subscriber and to provide an avenue for operational and budgetary input, the Subscriber shall work directly with the RVCCOM Manager, performing the following functions consistent with laws, ordinances, other agreements and sound management practices: 6.1 Recommend phone answering and dispatch protocol, procedures and policies related to service delivery (including participation in determining 9lllPSAP service if such service is transferred to another entity.) 6.2 Recommend dispatcher training criteria and program related standards. 6.3 Recommend equipment replacement and improvement in order to maintain a progressive standard within the communications center. 6.4 Recommend general dispatch standards including timeliness, unit designator, and radio language. 7. MEETINGS: Once per year, on or about November 1, Provider will conduct a meeting with Subscriber at a mutually agreed upon location to accommodate budget planning processes. A special meeting may be requested by Provider or Subscriber representatives at any time and will be scheduled by the RVCCOM Manager at the earliest convenience of all attendees. . RECORDS: The RVCCOM Manager shall keep the minutes of all meetings between Provider and Subscriber. A location shall be provided by RVCCOM as a permanent and accessible depository for all meeting minutes. All Provider/Subscriber correspondence shall be in written form and copies maintained with the RVCCOM Manager's records. Subscriber shall be provided a copy of all meeting records. ADVISORY POWERS: The RVCCOM Manager is advisory to the Chief of Police of the City of Medford, and to the governing bodies of Medford Communications Center subscribers. Consistent with laws, ordinances, and other agreements, the RVCCOM Manager shall comply with recommendations regarding service delivery from the Provider and Subscriber upon approval by the Chief of Police of the City of Medford. DISPUTE RESOLUTION: The Subscriber, having a concern with regard to service provided, may go directly to the Manager to resolve the situation. If the issue is not resolved to the satisfaction of the Subscriber, the Subscriber may then go to the Administrative and Technical Bureau Deputy Chief of the Medford Police Departmentlf the issue is not resolved to the satisfaction of the Subscriber by the Deputy Chief, the Subscriber may bring the matter before the Chief of Police of the City of Medford, who shall investigate and recommend a resolution. In the event the issue is not resolved by the Chief of Police to the satisfaction of the Subscriber, the subscriber may appeal to the City Manager of the City of Medford. 7.3.3 Should Subscriber raise a concern that substantially affects other subscribers or the overall functioning of the center, the Manager shall refer the concern to the governing bodies of the Provider and Subscriber for resolution. Neither party shall initiate any action at law, nor resort to any other legally available remedy without first having followed the procedure required by this section. 7.4 ANNUAL BUDGET RECOMMENDATION: 7.4.1 The Provider and Subscriber shall abide by the budget adopted by the Medford City Council with respect to any and all fiscal matters affecting the financial responsibility of subscribers to RVCCOM.. Any program or operational changes having expenditures requiring a supplemental budget under Oregon Local Budget Law must go through all budget preparation and review stages involving the Provider and Subscriber, as set forth herein. FEES Subscriber shall pay an annual fee for services under this Agreement. That fee shall be computed as provided in Schedule B (Fee Schedule.) Fees shall be due and payable in advance in equal quarterly installments as set forth in Schedule B. Should Subscriber be in arrears in payment of set fees hereunder, such default shall not be deemed a material breach unless Subscriber's entire account balance is still unpaid more than 45 days after written notice by Provider of intent to terminate. 9. RISK ALLOCATION Neither party nor its officers and employees shall be considered the agents of the other for any purpose. Each party agrees to indemnify the other from claims which the indemnitor would be legally liable to pay, excluding specifically claims arising from the indemnitee's own negligent and/or intentional acts if: a claim asserting the same loss or injury were made directly against the indemnitor, whether or not such a direct claim is actually made the loss or injury sustained by the complainant resulted from the acts, errors or omissions of the indemnitor or those for whose actions the indemnitor is responsible under the Oregon Tort Claims Act. This mutual right to indemnity is in addition to and not in lieu of any other right or contribution or indemnity which may exist in favor of either party under Oregon Law; and the right to indemnity extends to officers, employees, and agents of the indemnity party for claims made against them because of their actions or capacity as such. "Indemnify," as used herein, means to indemnify, defend, and save harmless. 10. RENEWAL, TERM AND TERMINATION This Agreement shall be in effect commencing on the date of execution as set forth below and ending June 30, 2013. This Agreement shall be automatically renewed after the original term unless either party provides notice to the other as provided below. Either party may terminate this Agreement at the end of the 5-year term (June 30, 2013) without penalty or cause, by written notice of intent to terminate delivered to the other party no later than January 1, 2012. If no such notice is given, the Agreement is automatically extended and shall remain in effect between the parties unless terminated in the following manner: After the end of the original term, the Agreement may be terminated at the end of any fiscal year, without penalty or cause, by written notice of intent to terminate delivered to the other party no later than 18 months prior to the end of that fiscal year. Payment of fees shall be established pursuant to Schedule "B," attached. NON-APPROPRIATION: Notwithstanding the termination provisions above, termination may occur for non-appropriation. Specifically, all Subscriber obligations to expend money under this Agreement are contingent upon future appropriations as part of the Subscriber budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of this Agreement. As such, in the event insufficient funds are appropriated for the payments under this Agreement and the Subscriber has no other lawfully available funds, then the Subscriber may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to the Subscriber. The Subscriber shall deliver written notice to Provider of such termination no later than thirty (30) days from the determination by the Subscriber of the event of non-appropriation. CONSOLIDATION: Provider and Subscriber understand that potential exists for consolidation of dispatch services between Provider and Southern Oregon Regional Communications (SORC). In the event of a consolidation of dispatch services between Provider and SORC, Provider may terminate this agreement. Provider shall deliver written notice to Subscriber of such termination not later than thirty (30) days prior to the implementation of new services provided by the consolidated entity. 11. AMENDMENTS The parties may, from time to time, agree to amend the provisions of any schedules attached to this Agreement; provided, however, that the method used to compute Subscriber's annual fee as set forth in Schedule B shall not be amended unless all other subscribers agree to similar amendment. Costs associated with expansion of services, or new (not replacement) equipment shall not be included in the calculation of the basic service fee without the consent of all subscribers. All amendments shall be in writing, and signed by the parties' duly authorized representatives. As used in this section, "replacement equipment" means equipment which replaces a function previously performed by other equipment owned or leased by Provider, and which must be replaced because its repair or maintenance cost equals or exceeds its fair market value. COMPLETE AGREEMENT 12.1 Schedules A and B, referenced herein above, are hereby incorporated as part of this Agreement as though fully reproduced herein. 12.2 This agreement represents the complete and integrated understanding of the parties with respect to all particulars covered herein. All prior agreements, written and oral, are hereby canceled. No prior written or oral representation, negotiation, or statement which conflicts with the terms hereof shall be considered to in any way modify abridge, or invalidate any provision hereof, and no evidence of such shall be admitted in any proceeding in which the terms and application of this Agreement are at issue. 13. NOTICE Any notice required to be given to Provider under this Agreement shall be given to Provider's Chief of Police. Any notice required to be given to Subscriber under this Agreement shall be given to Subscriber's Chief of Police. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as the dates set forth below. CITY OF MEDFORD, OREGON THE CITY OF ASHLAND By: By: Mayor City Administrator Date: Date: Approved: Chief of Police City of Medford Chief of Police City of Ashland SCHEDULE A BASIC EMERGENCY COMMUNICATIONS SERVICE FOR POLICE, FIRE AND MEDICAL AGENCIES 1. Answer "business/service" calls for service between the hours of 1700 and 0800 during the week, 24 hours per day on the weekends. 2. Answer all "9-1-1 emergency" calls for service. 3. Dispatch" business/service and "9-1-1 emergency" calls for service. Maintain separate primary frequency for Ashland Fire & Rescue at a call-taker position. 4. Dispatching operations will be conducted with the use of a computer aided dispatching system, of which the Subscriber is a member of the regional CAD project. 5. Maintain and record unit status and availability. 6. Paging services for public safety purposes. (Shall include after hours paging/calling Ashland Public Works as well as receiving and directing associated calls for services in emergency situations.) 7. Radio broadcasts of "administrative message," "attempts to locate," "all-point bulletins," and "street closure announcements." This includes screening ofteletypes and supplying that information to the proper jurisdiction. 8. Provide DMV (Department of Motor Vehicle,) NCIC (National Crime Information Center) LEDS (Oregon Law Enforcement Data System,) and Jackson County regional automated information as requested by field units and the Subscriber. 9. Maintain (with mutual assistance) an equipment resource file, responsible person file, personnel call-up list, programming for CAD files, and department personnel work schedule. 10. Provide public safety telephone messages via the Communications Center. 11. Maintain backup radio and telephone equipment; also provide backup em(~rgency power for radio and telephone service for the Communications Center. 12. Maintain recordings of all telephone and radio communications; provide retrieval at the Subscriber's request. AudiocoM copies will be provided at the Subscriber's request. 13. Answer "business/service/emergency" drop line from Ashland Police Department. Phone equipment and lines to be provided and maintained by Subscriber. 14. Provide routine "testing" at agency's request. SCHEDULE BFEE SCHEDULE FOR THE CITY OF ASHLAND 1. Subscriber' s fee for services provided under this Agreement shall be the Basic Service Fee plus negotiated fee for any extended services. The fees shall be reviewed on an annual basis. Subsequent contract annual base fees shall be calculated on the percentage of workload generated by Subscriber in relation to RVCCOM's total operating budget. 1.2 Fee Formula for DispatchinglPSAP Fees based on the following: 1.2.1 Answering point for all Ashland PSAP calls, non-emergency phones, and after-hours utility phones. 1.2.2 Full- Time Dispatch Service to Ashland Police and Ashland Fire & Rescue. 1.2.3 The Basic Service Fee for any contractual fiscal year shall be adjusted annually, based on the preceding calendar year's actual J-calls for service as a percentage of the total RVCCOM J-calls for service as applied to RVCCOM's budget. EXAMPLE: (from 2008-2009 Expense Allocation) Total RVCCOM Budgeted Cost $2,462,680 Total RVCCOM CAD/RMS Budgeted Cost $ 304,193 TOTAL RVCCOM Budget for Dispatch, CAD and RMS $2,766,873 Current Charge to Ashland Current Charge to SOU $ 589,000 $ 14,000 Cost Allocation based on J-Cases: TOTAL J-Cases 210,897 Ashland SOU Medford TOTAL: 53,824 3,608 153,073 210,505 25% 1% 74% 100% $719,000 $ 28,000 $2,019,873 $2,316,544 Total: $692,000 Total: $ 28,000 Total: $2,046,873 Total: $2,766,873 CITY OF ASHLAND Council Communication Formation of the Transportation Commission Meeting Date: Department: Secondary Dept.: Approval: June 3, 2008 Public Works Engin ering Finance / Legal Martha Benne Primary Staff Contact: E-Mail : Secondary Contact: Estimated Time: Jim Olson 552-2412 olsonj@ashland.or.us Paula Brovm 488-5587 30 minutes Question: Does Council wish to schedule first reading of an Ordinance to form a Transportation Commission and disband the Traffic Safety Commission and the Bicycle and Pedestrian Commission? Does Council have any revisions to the attached Ordinance prior to the first reading? Staff Recommendation: Staff recommends Council review and comment on the proposed purpose, mission and duties of the new Transportation Commission and further direct staff to write and place Ordinance amendments on the next Council meeting agenda for first reading. Background: The idea to combine the Bicycle and Pedestrian Commission with the Traffic Safety Commission was one that was originally discussed in 2003. In October 2007, Council approved several recommendations of the Transportation Financing Task Force, one of which was to fonn a standing Transportation Commission to address transportation planning, public transit and parking issues. As discussed by the Council, the commission's goal would be to look at the broader picture of transportation issues, recognizing that there are specific bike/ped and traffic safety issues, but to provide the missing link with overall transportation and transportation planning. As a result, staff liaisons from public works and planning have worked with both the Bicycle and Pedestrian Commission and the Traffic Safety Commission to insure that the key issues, goals and concerns relating to each commission are not lost. Recognizing safety, planning, advocacy and funding as key components of transportation issues, staff is proposing that the new Transportation Commission be formed with specific purpose, mission, powers and duties as described below: Proposed Purpose. Mission and Duties of the new Transportation Commission The Transportation Commission advises the City Council on transportation related issues specifically as they relate to safety, planning, funding, parking and advocacy for all modes of transportation. Members are responsible for reviews, studies, analysis and reports as required for the City's transportation network, or as requested by the City Council. Mission: The need for a Transportation Commission is emphasized in the Transportation Element: "Ashland has a vision - to retain our small-town character even while we grow. To achieve this vision, we must proactively plan for a transportation system that is integrated into the Page 1 of5 060308 Transportation Commission.doc ~~, community and enhances Ashland's livability, character and natural environment. ..., Thefocus must be on people being able to move easily through the city in all modes of travel. l'vfodal equity then is more than just a phase. It is a planning concept that does not necessarily imply equal financial commitment or equal percentage use of each mode, but rather ensures that we will have the opportunity to conveniently and safely use the transportation mode of our choice, and allow us to move toward a less auto-dependent community. " Powers and Duties. Generally: Commissioners will review and make recommendations on the following topics: .:. Safety: One of the most important and primary purposes of the Transportation Commission is to develop, coordinate and promote transportation safety programs; .:. Planning: From a long term viability to the City's overall planning, the link between land use and transportation is vital. As such, the Transportation Commission will provide review and make general recommendations to the City's long-range transportation plans; .:. Funding: To ensure viability of the transportation program and ensure needed system improvements are adequately prioritized, the Transportation Commission will make recommendations regarding the allocation of transportation funds within the City; .:. Advocacy: The City of Ashland is committed to making modal equity a reality and this remains a focus for the Transportation Commission. .:. Parking: Parking for all modes of transportation is a key element of the City's transportation system. The Transportation Commission will provide a public venue for addressing issues relating to parking. Membership: The Transportation Commission shall consist of nine voting members as designated by the Mayor and confirmed by the council. Voting members will all be members of the community at large and will represent a balance of interest in all modes of transportation, including bicycle, pedestrian and transit. The chair will be elected annually. A vice-chair will also be elected to serve in the chairs absence and who will succeed to the chair on April 30 following the chairs term expiration. The Director of Public Works shall serve as the primary staff liaison and serve as the Secretary of the Commission. There will be thirteen total non-voting ex officio members including one member of the Council that would participate on the Transportation Commission as needed. Non-voting members would include a member from each of the following: .,/ Council .,/ Public Works / City Engineer .,/ Planning & Community Development .,/ Police .,/ Fire .,/ City Attorney .,/ Municipal Judge .,/ Southern Oregon University .,/ Ashland Schools .,/ Oregon Department of Transportation .,/ Rogue Valley Transportation District .,/ Ashland Parks and Recreation .,/ Jackson County Roads Page 2 of5 060308 Transportation Commission. doc Term and Vacancies: The term for each voting member shall be three years, expiring on April 30th. Any vacancy shall be filled by appointment of the Mayor and confirmed by the City Council, for the unexpired portion of the term. Any commissioner who is absent from four or more meetings in a 12 month period shall be considered no longer active and the position will be deemed vacant. Quorum, Rules and Regulations: Five voting members of the Commission shall constitute a quorum. The Commission shall meet monthly and at least ten times per calendar year. The Commission may make rules and regulations for its government and procedure, consistent with the laws of the State and the City Charter and ordinances. Traffic Hearings Sub-Committee: The purpose of the Traffic Hearings Sub-Committee is to enable the Transportation Commission to focus on broad transportation concerns by reducing the number of routine and non-routine traffic items that come before the full Commission; and to insure the Commission will hav{~ sufficient time to devote their full attention to the overall transportation matters at issue. The Traffic Hearings Sub-Committee consists of three regular members of the Transportation Commission who sit concurrently on the full Commission. Terms are for six-month intervals and members may only sit for two consecutive terms at anyone time. The Public Works Director or engineering division designee will serve as Staff Advisor and recorder for these meetings. The Traffic Hearings Sub-Committee shall consider the following matters: · Hear and make determinations to the Transportation Commission on routine and non- routine traffic concerns with regard to traffic impacts, speed, markings, signage, etc. · Review and submit pre-application comments when appropriate on routine subdivisions and site review applications with respect to transportation impacts, as well as where the Public Works Engineering Advisor to the Transportation Commission determines that the item before the Sub-Committee contains significant items of discretion relating to overall transportation policies or impacts on surrounding areas. · Such other minor transportation matters as the Transportation Commission deems appropriate to the Traffic Hearings Sub-Committee format. The Traffic Hearings Sub-Committee or Public Works Staff Advisor may refer any matter before the Sub-Committee to the Transportation Commission when it becomes apparent the matter involves major policy concerns or potential serious impacts on surrounding areas. Action minutes will be reviewed and accepted at the next full Transportation Commission meeting. Reports The commission shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested of them by the city councilor planning commISSIOn. Compensation Voting members of the commission shall receive no compensation for services rendered. Page 3 of 5 060308 Transportation Commission.doc Related City Policies: AMC 2.22 Bicycle and Pedestrian Commission AMC 2.26 Traffic Safety Commission Proposed Ordinance Council Options: The discussion of forming a new Transportation Commission has had some controversy, however this is in keeping with Council's direction and with the initial comments from the Council on this action. Both the Traffic Safety Commission and the Bicycle and Pedestrian Commission have been kept abreast of staffs discussion and although there is concern oflosing some of the advocacy or some of the notoriety of the current commissions, both are reluctantly supportive of this change. It is suggested that the Transportation Commission be formed from the current membership of the Traffic Safety and Bicycle and Pedestrian Commissions. Those existing commissioners who wish to serve on the Transportation committee would submit applications from which the Mayor could select and appoint Transportation Commissioners. Council options include: 1) Review and comment on the proposed purpose, mission and duties of the new Transportation Commission and further direct staff to write and place Ordinance amendments on the next Council meeting agenda for first reading. 2) Recommend staff develop significant changes and complete additional research on the proposed purpose, mission and duties of the new Transportation Commission and schedule a study session to further discuss the draft prior to placing this item on a future Council agenda. 3) Recommend that there be a significant rewrite on the proposed purpose, mission and duties of the new Transportation Commission and ask that a separate Ad Hoc committee be named, and chaired by a Council Liaison to assist with developing the new Commission. 4) Recommend that staff retain both the current Bicycle and Pedestrian Commission and the Traffic Safety Commission and not make any changes to form a Transportation Commission. Potential Motions: Council's options following the logic above are as follows: 1) Council has reviewed the proposed purpose, mission and duties of the new Transportation Commission and further directs staff to write and place Ordinance amendments on the next Council meeting agenda for first reading. 2) Council has reviewed the draft proposal and recommends staff develop significant changes and complete additional research on the proposed purpose, mission and duties of the new Transportation Commission. Council further directs staff to schedule a study session to discuss the draft prior to placing this item on the Council's future agenda for formal actions. 3) Council has reviewed the draft proposal and recommends a significant rewrite. Council requests that the Mayor, with Council concurrence, appoint a separate Ad Hoc committee, chaired by a Council Liaison to develop the purpose, mission and duties of the new Transportation Commission. Page 4 of 5 060308 Transportation Commission.doc 4) Council has reviewed the draft proposal and recommends the current Bicycle and Pedestrian Commission and the Traffic Safety Commission be retained and not form a new and separate Transportation Commission. Attachments: 1. AMC 2.22 Bicycle and Pedestrian Commission 2. AMC 2.26 Traffic Safety Commission 3. Proposed DRAFT ordinance Page 5 of 5 060308 Transportation Commission.doc AMC 2.22 Bicycle and Pedestrian Commission 2.22.010 Established Membership The Bicycle and Pedestrian Commission is established and shall consist of nine voting embers, one of which shall be a city councilor, and four non-voting members including a representative from Rogue Valley Transportation District, the Director of Community Development, the Director of Public Works and the Chief of Police. 2.22.020 Term Vacancies The term of the voting members shall be for three years, expiring on April 30 of each year. Any vacancy shall be filled by appointment by the mayor, with confirmation by the city council, for the unexpired portion of the term. The seven commission members currently serving as of the date of this 1998 amendment shall serve their remaining terms. For the two members to be appointed to the commission as a result of this 1998 amendment, one shall be appointed to a term expiring April 30, 2000, and one member to a term expiring April 30, 2001. The successors shall be appointed to three-year terms. Any member who is absent for four or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new member shall be appointed to fill the vacancy. 2.22.030 Quorum Rules and Regulations Four voting members of the commission shall constitute a quorum. At its first meeting of the year, the commission shall elect a chair, vice-chair and a secretary, who shall hold office at the pleasure of the commission. The commission may make rules and regulations for its meetings, consistent with the laws of the state and city charter and ordinances, and shall meet at least once every month. 2.22.040 Powers and Duties - Generally The primary purpose of the Bicycle and Pedestrian Commission shall be to advocate the equal opportunity to use non-automotive forms of travel and to ensure the development of bicycle and pedestrian facilities into a well-designed, integrated transportation network for all Ashland citizens. In doing so, the powers, duties and responsibilities of the commission shall be as follows: · To promote bicycling and walking in Ashland. · To review and make recommendations on the long-range transportation plans as related to bicycle and pedestrian issues of the city. · To promote bicycle safety programs. · To serve in a liaison capacity between the city and Oregon Bicycle and Pedestrian Advisory Committee in developing the statewide bicycle and pedestrian program, and in meeting the goals of the State of Oregon Bicycle and Pedestrian Plan. · To serve in a liaison capacity between the city and the Jackson County Bicycle Committee in developing overall coordinated plans for bicycle facilities and bicycle safety programs. · On a yearly basis, to review and make recommendations on transportation projects as related to bicycle and pedestrian issues in the city. · To review and recommend transportation project prioritization and funding as related to bicycle and pedestrian issues in the city. · To advise the planning commission in the administration of the site review process with respect to bicycle and pedestrian facilities and parking. · To assist in the implementation of the Transportation Element of the Comprehensive Plan. · To develop and recommend to the city council and planning commission adoption of ordinances and policies for the planning and maintenance of bicycle and pedestrian facilities throughout the city. · To advise the city administrator and city departments regarding bicycle and pedestrian issues in the city. 2.22.050 Reports The commission shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested of them by the city council or planning commission. 2.22.060 Compensation V oting members of the commission shall receive no compensation for services rendered. AMC 2.26 Traffic Safety Commission 2.26.010 Established - Membership There is established a Traffic Safety Commission which shall consist of nine voting members and eleven non- voting ex officio members including the City Administrator, Director of Public Works, Chief of Police, City Attorney, Fire Chief, Municipal Judge, Superintendent of Schools, a representative from the Bike and Pedestrian Commission, Southern Oregon University, Oregon Department of Transportation and Jackson County. The voting members shall consist of one member from the City Council, and eight members from the community at large; all of whom shall be appointed by the Mayor, with confirmation by the City Council. Chair shall be elected from among the eight citizen members of the Commission. The Director of Public Works shall serve as Secretary to the Commission. 2.26.020 Term - Vacancies The term of the voting members shall be for three years, expiring on April 30 of each year. Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for the unexpired portion of the term. Any Commissioner who is absent from four or more meetings in a year shall be considered no longer active and the position vacant. 2.26.030 Quorum - Rules and Regulations Five voting members of the Commission shall constitute a quorum. The Commission may make rules and regulations for its government and procedure, consistent with the laws of the state and the City Charter and ordinances, and shall meet monthly, at least ten times per year. 2.26.040 Powers and Duties - Generally The powers and duties of the Traffic Safety Commission shall be as follows: A. To develop and coordinate traffic safety programs; B. To recommend traffic safety priorities and actions for the City; C. To hear public comment and advise Public Works on non-routine traffic engineering problems and actions which require pubic hearings; D. To advise the City Council and the City Administrator in the implementation of official traffic safety activities; E. To coordinate common safety concerns with the Bicycle and Pedestrian Commission and other Commissions; F. To promote public acceptance of official City traffic programs, traffic law enforcement, and traffic engineering needs; G. To produce and present safety education programs to the public; and H. To cooperate with the public and private school systems in promoting traffic safety education program 2.26.050 Reports The Commission shall submit copies of its minutes to the City Council, and shall, in January of each year, make and file an annual report of its activities with the City Council, and such other reports as from time to time may be requested of them by the Mayor and City Council 2.26.060 Compensation Voting members of the Commission shall receive no compensation for services rendered. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ADDING SECTION 2.13 TRANSPORTATION COMMISSION; REPEALING SECTION 2.22 BICYCLE AND PEDESTRIAN COMMISSION AND REPEALING SECTION 2.26 TRAFFIC SAFETY COMMISSION Annotated to show deletions and additions to the code sections being modif~ Deletions are bold . and additions are in bold underline. ---.J WHEREAS, the City of Ashland wishes to modify its Code with regard to Administration by adding a Transportation Commission ordinance to more closely coordinate transportation related issues specifically as they relate to safety, planning, funding and advocacy for all modes of transportation; and WHEREAS, the City of Ashland wishes to reduce duplication by repealing in total sections 2.22 Bicycle and Pedestrian Commission and Section 2.26 Traffic Safety Commission; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.13 is hereby added to read as follows: 2.13 Transportation Commission 2.13.010 Established - Generally. A. Role. The Transportation Commission advises the City Council on transportation related issues specifically as they relate to safety, planning, funding, parking and advocacy for all modes of transportation. Members are responsible for reviews, studies, analysis and reports as reauired for the City's transportation network, or as reauested by the City Council. B. Mission. The need for a Transportation Commission is emphasized in the Transportation Element: IIAshland has a vision - to retain our small-town character even while we Qrow. To achieve this vision. we must proactivelv plan for a transportation system that is inteQrated into the community and enhances Ashland's livability. character and natural environment. ... The focus must be on people beinQ able to move easilv throuQh the city in all modes of travel. Modal equity then is more than iust a phase. It is a p/anninQ concept that does not necessarilv implv equal financial commitment or eQua/percentaQe use of each mode. but rather ensures that we will have the oIJPortunity to convenientlvand safelv use the transportation mode of our choice. and allow us to move toward a less auto-dependent community. II Ordinance No. Page 1 of 4 C. Powers and Duties, Generallv. Commissioners will review and make recommendations on the followina topics: 1. Safety: One of the most important and primary purposes of the Transportation Commission is to develop, coordinate and promote transportation safety proarams; 2. Plannina: From a lona term viability to the City's overall plannina, the link between land use and transportation is vital. As such, the Transportation Commission will provide review and make aeneral recommendations to the City's lona-ranae transportation plans; 3. Fundina: To ensure viability of the transportation proaram and ensure needed system improvements are adeQuatelv prioritized, the Transportation Commission will make recommendations reaardina the allocation of transportation funds within the City; 4. Advocacv: The City of Ashland is committed to makina modal equity a reality and this remains a focus for the Transportation Commission. 5. Parkina: Parkina for all modes of transportation is a key element of the City's transportation system. The Transportation Commission will provide a public venue for addressina issues relatina to parkina. 2.13.020 Established - Membership. A. Votina Members. The Transportation Commission shall consist of nine votina members as desianated bv the Mavor and confirmed bv the council. Votina members will all be members of the community at larae and will represent a balance of interest in all modes of transportation includina bicvcle, pedestrian and transit. The chair will be elected annuallv. A vice-chair will also be elected to serve in the chairs absence and who will succeed to the chair on April 30 followina the chairs term expiration. B. Non-votina Ex Officio Membership. The Director of Public Works shall serve as the primary staff liaison and serve as the Secretary of the Commission. There will be thirteen total non-votina ex officio members includina one member of the Council that would participate on the Transportation Commission as needed. Non-votina members would include a member from each of the followina: Ashland City Council, Public Works I City Enaineer, Plannina & Community Development, Police, Fire, City Attornev, Municipal Judae, Southern Oreaon University, Ashland Schools, Oreaon Department of Transportation, Roaue Vallev Transportation District, Ashland Parks and Recreation, Jackson County Roads. 2.13.030 Term and Vacancies. The term for each votina member shall be three years, expirina on April 30th. Anv member may serve UP to two consecutive terms. No member may serve more Ordinance No. Page 2 of 4 than two consecutive terms. provided a person appointed to fill a vacant unexpired term is eliaible to serve two full successive three-year terms. Any vacancy shall be filled by appointment of the Mayor and confirmed by the City Council. for the unexpired portion of the term. Any commissioner who is absent from four or more meetinas in a 12 month period shall be considered no lonaer active and the position will be deemed vacant. 2.13.040 Quorum. Rules and Reaulations. Five votina members of the Commission shall constitute a Quorum. The Commission shall meet monthly and at least ten times per calendar year. The Commission may make rules and reaulations for its aovernment and procedure. consistent with the laws of the State and the City Charter and ordinances. 2.13.050 Traffic Hearinas Sub-Committee. A. Purpose. The purpose of the Traffic Hearinas Sub-Committee is to enable the Transportation Commission to focus on broad transportation concerns by reducina the number of routine and non-routine traffic items that come before the full Commission; and to insure the Commission will have sufficient time to devote their full attention to the overall transportation matters at issue. B. Membership. The Traffic Hearinas Sub-Committee consists of three reaular members of the Transportation Commission who sit concurrently on the full Commission. Terms are for six-month intervals and members may only sit for two consecutive terms at anyone time. The Public Works Director or enaineerina division desianee will serve as Staff Advisor and recorder for these meetinas. C. Duties. The Traffic Hearinas Sub-Committee shall consider the followina matters: 1. Hear and make determinations to the Transportation Commission on routine and non-routine traffic concerns with reaard to traffic impacts. speed, markinas. sianaae, etc. 2. Review and submit pre-application comments when appropriate on routine subdivisions and site review applications with respect to transportation impacts. as well as where the Public Works Enaineerina Advisor to the Transportation Commission determines that the item before the Sub- Committee contains sianificant items of discretion relatina to overall transportation policies or impacts on surroundina areas. 3. Such other minor transportation matters as the Transportation Commission deems appropriate to the Traffic Hearinas Sub-Committee format. 4. The Traffic Hearinas Sub-Committee or Public Works Staff Advisor may refer any matter before the Sub-Committee to the Transportation Commission when it becomes apparent the matter involves maior policy concerns or potential serious impacts on surroundina areas. Ordinance No. Page 3 of 4 E. Minutes. Action minutes will be reviewed and accepted at the next full Transportation Commission meetina. 2.13.060 Reports. The commission shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested of them by the city council or plannina commission. 2.13.070 Compensation. Votina members of the commission shall receive no compensation for services rendered. 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 , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008 John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Ordinance No. Page 4 of 4 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Second Reading: Arterial Setback Ordinance June 3, 2008 Primary Staff Contact: Richard Appicello City Attorney's Office E-Mail: Appicelr@ashland.or.us Community De I ~Iitnent Secondary Contact: Maria Harris Martha Benne;> Estimated Time: 5 minutes / Ordinance Question: Should the City Council conduct and approve Second Reading of the following ordinance, and approve adoption of the ordinance? AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836 Staff Recommendation: Staff recommends Council approval of Second Reading by title only, reading of changes from first reading in full and adoption of the Ordinance. Background: Attached please find a revised ordinance reflecting the changes made by the Council at the May 20, 2008 meeting. Staff recommends that the addition of new "minimum" language not be made throughout the document, in favor of additional text and a note. The requirement for structural soil has been eliminated. Related City Policies: City Charter Article 10, Section 3. Site Design and Use Standards. Transportation Element of the Comprehensive Plan. Council Options: (1) Conduct Second Reading with changes recommended by staff read in full. (2) Conduct Second Reading with changes made by Council on May 20, 2008. (3) Do not conduct second reading. Potential Motions: (Option 1 - Staff Recommendation) Staff: (Conduct Second Reading by Title only] Staff reads the following new language in full: In SECTION 3, add a new Note 4 to Table 1: City of Ashland Street Design Standards4 Page) 060308 Second Reading Arterial.doc ~6' CITY OF ASHLAND In SECTION 4, add two sentences to the end of the first paragraph under Street Design Standards: Street Design Standards Ole dlJDlt~a"t. In SECTION 4, E.6 (Page 15J delete the highlighted sentence concerning structural soils: Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells, shall be at least l() 25 square fI~et; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Spaee between the tree and sHeh hard sHrfaee be eo.,ered by permeable non permanent hard sHrfaees sHeh as grates, briel~ on sand, or paYeri~loel~. Tree wells shall be covered b tree rates in accordance with ci s ecifications.-:I: Potential Motions: (Option 2 - Council May 20, 2008 discussion) Staff: [Conduct Second Reading by Title only] Staff reads the following new language in full: In SECTION 3, add "minimum" language to notes 1 and 2 of Table 1: 1 7'. 8' landscalJe lJarkrow shall be installed in residential areas, A.li,... 5'~ hardscape parkrow with tree wells shall be used installed in commercial areas. 2 6' sidewalk shall be installed in residential areas, 8'-10' sidewalk shall be installed in commercial areas. A .il/I... 10' sidewalk shall be reauired on Boulevards (arterial) streets in the Downtown DesiQn Standards Zone. In SECTION 4: make thefollowing changes: Site Design Standards, Boulevard. Parkrow, page 5: .i~.il.."iiI15' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Site Design Standards, Boulevard. Sidewalk, page 6: Page 2 060308 Second Reading Arterial.doc r., CITY OF ASHLAND A .,111.,. 10' sidewalk shall be reauired on Boulevards in the Downtown Desian Standards Zone. Site Design Standards, Avenue. Parkrow, page 7: .iilliillllm~15' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Site Design Standards, Commercial Neighborhood. Collector Parkrow, page 10: 1:1111111111.11;1.5' hardscape parkrow shall be used in commercial areas with on-street parkinQ and where the street corridor has or will have a hardscape parkrow in place. Site Design Standards, Neighborhood Street. Parkrow, page 11-12: .~I.illl.I.1115' hardscape parkrow shall be used in commercial areas with on-street parkinQ and where the street corridor has or will have a hardscape parkrow in place. In SECTION 4, E.6 (page 14J delete the highlighted sentence concerning structural soils: Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells, shall be at least l() 25 square feet; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Spaee betweeB the tree aBd sHeh hard sHrfaee be eovered by permeable BOB permaBeBt hard sHrfaees sHeh as grates, briel~ OB saBd, or pa.,er bloel~. Tree wells shall be covered b tree rates in accordance with ci s ecifications.-:I: CITY COUNCIL: MOVE TO APPROVE SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836, WITH CHANGES READ IN FULL Attachments: Arterial Setback Amendment showing changes recommended by staff Arterial Setback pages showing changes made by Council May 20, 2008 Page 3 060308 Second Reading Arterial.doc r., ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836 Annotated to show delotions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of FirefiQhters. Local 1660. Beaverton Shop 20 Or. App. 293,531 P 2d 730,734 (1975; and WHEREAS, Section 18.68.050 of the City of Ashland Municipal Code currently provides for a special 20 foot setback on Arterial Streets; and WHEREAS, Planning staff sent noti on February 22,2008; and lce with ORS 197.610 WHEREAS, the Planning Commissic advertised hearing on April 8, 2008 a tyY~ amendment at a duly of the ordinance; and WHEREAS, the City Council considR __ ....... t'" '"'I-'V.,CU arnenament at a duly advertised hearing on May 20, 2008 and following review of the staff report, and after considering public input and the evidence in the record as a whole, the Council conducted first reading of the Ordinance and moved the Ordinance to Second Reading; and WHEREAS, on June 3, 2008 the City Council conducted Second Reading of the Ordinance and approved adoption of the Ordinance; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to modify this setback as regards certain arterial streets; namely Lithia Way, and Arterial Setback Ordinance: June 3, 2008 Second Reading Page 1 of 16 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.68.050 of the Ashland Municipal Code is amended to read as follows: 18.68.050Arterial Street Special Setback Requirements. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street East Main Street, between City limits and Lithia Way Ashland Street (Highway 66) between City limits and Siskiyou Boulevard Setback 35 feet 65 feet Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with the exception of the C-1-D district and properties abuttina Lithia Way in the C-1 district. SECTION 2. Section 18.88.020. K [Definitions - Street Standards] of the Ashland Municipal Code is amended to read as follows: K. Street Standards. All standards under 18.88.050 and all AU standards in the City of Ashland Street Standards Handbook as adopted in Ordinance 2836 and as amended by Ordinance rJune 3. 20081 are specifically incorporated herein and made a part hereof by this reference. and standards under 18.88.050. SECTION 3. The Ashland Street Standards Handbook, Table 1 on page 20, as adopted by Ordinance 2836 is hereby amended to read as follows: TYPE OF STREET ADT R.O.W. CURB-TO- MOTOR MEDIAN WIDTH CURB VEHICLE AND/OR PAVEMENT TRAVEL CENTER WIDTH LANES TURN LANE 2-Lane Boulevard 8,000 to 81'-87' 34' 11' none BIKE PARK- CURB LANES ING on on on both both both sides sides sides 2at8' In 8' 6" 1~'-8' each bays Page 2 of 16 Table 1: City of Ashland Street Design Standards4 WITHIN CURB-TD-CURB AREA Arterial Setback Ordinance: June 3, 2008 Second Reading 3-Lane Boulevard 30,000 73'-99' 46' 11' 12' 2at6' in S' 6" ;r5'-S" 6'.10'2 each bays 5-Lane Boulevard ADT 95'.121' 6S' 11' 12' 2at6' in S' 6" 7~'-S" 6'.10'2 each bays 2-Lane Avenue 3,000 to 59'.S6' 32'-33' 10'-10.5' none 2at6' in S' 6" 7~'.S" 6'_10,2 each bays 10,000 3-Lane Avenue ADT 70.5'. 43.5'-44.5' 10'-10.5' 11.5' 2at6' in S' 6" 7~'.S" 6'_10,2 97.5' each bays Neighborhood Collector, Residential 1,500 to NA NA' No Parking 5,000 49'-51' 22' 11' none 6" S' 5'-6' Parking One Side ADT 50'.56' 25'.27' 9'-10' one 7' 6" 7'-S' 5'-6' lane Parking Both Sides 57'-63' 32'-34' 9'-10' two 7' 6" 7'.8' 5'-6' lanes Neighborhood Collector, Commercial Parallel Parking One Side 55'-65' 28' 10' oneS' 6" ;'~'.8" 6'-10,2 lane Parallel Parking Both Sides 63'-73' 36' 10' two8' 6" 7~'_8,f 6'_10,2 lanes Diagonal Parking One Side 65'.74' 37' 10' one 6" ;'~'_8,f 6'_10,2 17' lane Diagonal Parking Both Sides 81'.91' 54' 10' two 6" 7~'.8" 6'_10,2 17' lanes Neighborhood Street, Residential less NA NA' than Parking One Side 1,500 47'.51' 22' 15' one 7' 6" 7'-8' 5'-6' Queuing lane Parking Both Sides ADT 11'.14' 50'.57' 25'.28' Queuing two 7' 6" 7'-8' 5'-6' lanes Alley NA 16' 12' paved NA NA NA none none none none width,2' strips on both sides Multi-Use Path NJI AI" NA NA none none none none ~ width, 2'-4' --- ---- strips on both sides .......... V':" ( f hard scape parkrow with tree wells shall be used in commercial areas 26' sidewalk shall be installed in residential areas, 8'.10' sidewalk shall be installed in commercial areas ~ bike lanes are generally not needed on low volume (less than 3,000 AD7J and/or low travel speed (Less than 25mph) street ~ 1 7'. 8' landscaoe lJarkrow shall be installed in residential areas, A 5' hardscape parkrow with tree wells shall be used installed in commercial areas. Arterial Setback Ordinance: June 3, 2008 Second Reading Page 3 of 16 2 6' sidewalk shall be installed in residential areas, 8'-10' sidewalk shall be installed in commercial areas. A 10' sidewalk shall be reauired on Boulevards (arterial) streets in the Downtown DesiQn Standards Zone. 3 bike lanes are generally not needed on low volume (less than 3,000 ADT) and/or low travel speed (Less than 25mph) streets 4 All dimensions and ranQes in the City of Ashland Street DesiQn Standards reoresent minimum standards or ranQes for the imlJrovements shown. The aooroval authority may alJlJrove dimensions and ranQes Qreater than those shown when volunteered by the alJlJlicant. SECTION 4, The Ashland Street Standards Handbook, Street Design Standards, (pages 21 to 30), as adopted by Ordinance 2836. are hereby amended to read as follows: Street Design Standards A description of street design standards for each street classification follows, For an abbreviated presentation of the street right-of-way standards, see Table 1, All elements listed are required unless specifically noted, All dimensions and ranQes in the City of Ashland Street DesiQn Standards relJresent minimum standards or ranQes for the imlJrovements shown. The alJlJroval authority may alJlJrove dimensions and ranQes Qreater than those shown when volunteered by the alJlJlicant. Approval Standards: New and reconstructed streets shall conform to the following design standards, Boulevard Boulevards are major thoroughfares filled with both human and vehicular activity, Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the boulevard's use as a public space, Design should start with the assumption that the busy nature of a boulevard is a positive factor and incorporate it to enhance the street scape and setting, A 2-lane, 3- lane, or 5-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses. Street Function: Provide access to major urban activity centers and provide connections to regional traffic ways such as Interstate 5, Traffic without a destination in Ashland should be encouraged Arterial Setback Ordinance: June 3, 2008 Second Reading Page 4 of 16 to use regional traffic ways and discouraged from using boulevards, Connectivity: Connects neighborhoods to urban activity centers and to regional traffic ways such as Interstate 5. Average Daily Traffic: 8,000 - 30,000 motor vehicle trips per day Managed Speed: 25 mph - 35 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: · 61' - 87' for 2-Lane · 73' - 99' for 3-Lane · 95' - 121' for 5-Lane . 34' for 2-Lane · 46' for 3-Lane . 68' for 5-Lane · Two 11' travel lanes for 2-Lane · Two 11' travel lanes, one 12' median/center turn lane for 3-Lane · Four 11' travel lanes, one 12' median/center turn lane for 5-Lane Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic. In 8' - 9' bays Curb and Gutter: Yes 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscapo parkrow .....ith street trees planted in .....ells shall be used in commercial areas. · 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Arterial Setback Ordinance: June 3, 2008 Second Reading Page 5 of 16 · 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: 6' on both sides in residential areas, 8' 10' on-beth sides in commorcial areas · 6' on both sides in residential areas. · 8' - 10' on both sides in commercial areas. A 10' sidewalk shall be reauired on Boulevards in the Downtown Desian Standards Zone. A venue Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle access from neighborhoods to neighborhood activity centers and boulevards, Avenues are similar to boulevards, but are designed on a smaller scale, Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the avenue's use as a public space, A 2-lane, or 3-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses, Street Function: Provide access from neighborhoods to neighborhood activity centers and boulevards, Connectivity: Connects neighborhoods to neighborhood activity centers and boulevards, Average Daily Traffic: 3,000 - 10,000 motor vehicle trips per day Managed Speed: 20 mph - 25 mph Right-of-Way Width: . 59' - 86' for 2-Lane Arterial Setback Ordinance: June 3, 2008 Second Reading Page 6 of 16 Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: · 70,5' - 97,5' for 3-Lane . 32' - 33' for 2-Lane · 43.5' - 44,5' for 3-Lane · Two 10' - 10,5' travel lanes for 2-Lane · Two 10' - 10,5' travel lanes, one 11,5' median/center turn lane for 3-Lane Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic In 8' - 9' bays Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: Sidewalks: 7' 8' on both sides. Hardscape parkrow with street trees planted in wells shall be used in Gommercial areas. · 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. . 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. 6' on both sides in residential areas, 8' 10' on both sides in commercial areas . 6' on both sides in residential areas. . 8' - 1 O'on both sides in commercial areas. Arterial Setback Ordinance: June 3, 2008 Second Reading Page 7 of 16 Neighborhood Collector Neighborhood Collectors provide access to neighborhood cores and gather traffic from various parts of the neighborhood and distribute it to the major street system, Different configurations with several on-street parking options are provided for residential and commercial areas, Residential Neighborhood Collector Street Function: Connectivity: Average Daily Traffic: Managed Speed: Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: Provide access in and out of the neighborhood, Collects traffic from within residential areas and connects these areas with the major street network, 1,500 to 5,000 motor vehicle trips per day 15 mph - 20 mph · 49' - 51' for No On-Street Parking · 50' - 56' for Parking One Side · 57' - 63' for Parking Both Sides · 22' for No On-Street Parking · 25' - 27' for Parking One Side . 32' - 34' for Parking Both Sides · Two 11' travel lanes for No On-Street Parking · Two 9' - 10' travel lanes' for Parking One Side and Parking Both Sides Generally not needed on low volume/low travel speed streets. If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane shall be required. . One 7' lane for Parking One Side · Two 7' lanes for Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane, Arterial Setback Ordinance: June 3, 2008 Second Reading Page 8 of 16 Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: Sidewalks: · 8' parkrow on both sides for No On-Street Parking · 7' - 8' parkrows on both sides for Parking One and Both Sides 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic Commercial Neighborhood Collector Street Function: Connectivity: Average Daily Traffic: Provide access in and out of neighborhoods and to neighborhood core with shopping and services, Collects traffic from within residential areas, Provides neighborhood shopping opportunities and connects these areas with the major street network, 1,500 to 5,000 motor vehicle trips per day Managed Speed: 15 mph - 20 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: · 55' - 65' for Parallel Parking One Side · 63' - 73' for Parallel Parking Both Sides · 65' - 74' for Diagonal Parking One Side · 81' - 91' for Diagonal Parking Both Sides · 28' for Parallel Parking One Side · 36' for Parallel Parking Both Sides · 37' for Diagonal Parking One Side · 54' for Diagonal Parking Both Sides Two 10' travel lanes Bike Lanes: Generally not needed on low volume/low travel speed streets. If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane may be needed, Arterial Setback Ordinance: June 3,2008 Second Reading Page 9 of 16 Parking: · One 8' lane for Parallel Parking One Side · Two 8' lanes for Parallel Parking Both Sides · One 17' lanes for Diagonal Parking One Side · Two 17' lanes for Diagonal Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane, Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: 7' 8' on both sides. HarEtscape parkrov:_'t:ith street trees planted in 'J:ells shall be used in GommerGial areas. · 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: 6' - 10' on both sides Neighborhood Street Neighborhood Streets provide access to individual residential units and neighborhood commercial areas. Different configurations with several on-street parking options are provided for residential and commercial areas. Neighborhood Street: For use in the following single-family residential zones - WR (Woodland Residential), RR - 1 and RR - ,5 (Low Density Residential, and R-1-3,5, R-1-5, R-1-7.5 and R-1-'10 (Single- Family Residential) unless specifically noted, Arterial Setback Ordinance: June 3, 2008 Second Reading Page 10 of 16 Street Function: Connectivity: Average Daily Traffic: Provide access to individual residential units and commercial areas. Connects to higher order streets, 1,500 or less motor vehicle trips per day Managed Speed: 10 mph - 20 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: . 47' - 51' for Parking One Side . 50' - 57' for Parking Both Sides . 22' for Parking One Side . 25' - 28' for Parking Both Sides . One 15' queuing lane for Parking One Side · One 11' queuing lane for Parking Both Sides in the R-1 zone, One 14' queuing lane for Parking Both Sides in higher density residential areas (i.e. R-1-3,5, R-2 and R- 3) On local residential streets with adequate off-street parking, a single 14' wide traffic lane may be permitted for both directions of vehicle traffic, The single traffic lane is intended to create a "queuing street" such that when opposing vehicles meet, one of the vehicles must yield by pulling into a vacant portion of the adjacent parking lane, This queuing effect has been found to be an effective and safe method to reduce speeds and non-local traffic, Generally not needed on low volume/low travel speed streets. . One 7' lane for Parking One Side . Two 7' lanes for Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane, Curb and Gutter: Yes, 6" vertical/barrier curb Arterial Setback Ordinance: June 3, 2008 Second Reading Page 11 of 16 Parkrow: · 8' parkrow in residential areas on both sides for No On- Street Parking, Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · 7' - 8' parkrows in residential areas on both sides for Parking One and Both Sides. Street trees shall be plated in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · 5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on-street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic Alley The alley is a semi-public neighborhood space that provides access via the rear of the property. The use of alleys eliminates the need for front yard driveways and provides the opportunity for a more positive front yard street scape, allows the street located adjacent to the front of properties to be designed using a narrow width with limited on-street parking, and creates the opportunity for the use of narrower lots to increase residential densities. Alleys are appropriate in all residential areas and in some commercial areas for business frontage. Alleys provide access and delivery depending on the circulation pattern of the area, Street Function: Provide rear yard access and delivery to individual residential and commercial properties, and an alternative utility placement area, Connectivity: Average Daily Traffic: Connects to all types of streets. Not applicable Managed Speed: Not applicable, motor vehicle travel speeds should be below 10 mph Arterial Setback Ordinance: June 3, 2008 Second Reading Page 12 of 16 Right-of-Way Width: 16' Pavement Width: 12' with 2' graveled or planted strips on side Motor Vehicle Travel Lanes: Not applicable Bike Lanes: Not applicable, bicyclists can easily negotiate these low use areas Parking: No parking within the right-of-way Curb and Gutter: Not curb, use inverse crown Parkrow: Not applicable Sidewalks: Not applicable, pedestrians can easily negotiate these low use areas Multi-use Path Multi-use paths are off-street facilities used primarily for walking and bicycling. These paths can be relatively short connections between neighborhoods (neighborhood connections), or longer paths adjacent to rivers, creeks, railroad tracks and open space. Function: F or pedestrians and bicyclists, provide short connections between destinations and longer paths in situations where a similar route is not provided on the street network. Connectivity: Enhances route options and shorten distances traveled for pedestrians and bicyclists, Right-of-Way Width: 12' - 18' Pavement Width: 6' - 10' with 2' - 4' graveled or planted strips on side Curb and Gutter: No curb SECTION 5. The Ashland Site Design and Use Standards Handbook, Street Tree Standards, (pages 29 to 30), as adopted by Ordinance ~ and authorized in Section 18,72.080, are hereby amended to read as follows: E. Street Tree Standards Arterial Setback Ordinance: June 3, 2008 Second Reading Page 13 of 16 Approval Standard: All development fronting on public or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended list of street trees. II-E-1 ) Location for Street Trees Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide, Street trees shall include irrigation, root barriers, and generally conform to the standards established by the Department of Community Development. II-E-2) Spacing, Placement, and Pruning of Street Trees All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect the decision, Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follow: 1) Street trees shall be placed at the rate of one tree for every 30 feet of street frontage, Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches, 2) Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than 10 feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles, 3) Street trees shall not be planted closer than 20 feet to light standards, Except for public safety no new light standard location shall be positioned closer than 10 feet to any existing street tree, and preferably such locations will be at least 20 feet distant. 4) Trees shall not be planted closer than 2 % feet from the face of the curb except at intersections where it shall be 5 feet from the curb, in a curb return area, 5) Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines, 6) Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells. shall be at least -1-0 25 square feet; Arterial Setback Ordinance: June 3,2008 Second Reading Page 14 of 16 however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree, SpaGe bew/een the troe and such hard surface be Go\'erec:l by permeable non permanent hard surfaGes sl:lGh as grates, bricks on sand, or pa....er bloGks. Tree wells shall be covered bv tree arates in accordance with city specifications. ^ strl:lctural soil , mix shall be installed in the area surrounc:ling the tree ....;elll:lnder the sic:le'l..~lk and harc:lscape parkro....: in aCGorc:lanGe with Gitv speGifiGations. 7) Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks and 12 feet above street roadway surfaces, 8) Existing trees may be used as street trees if there will no damage from the development which will kill or weaken the tee, Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor, II-E-3) Replacement of Street Trees Existing street trees removed by development projects shall be replaced by the developer with those from the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor, II-E-4) Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission, SECTION 6 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 7, Savings Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other land use actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative, Arterial Setback Ordinance: June 3, 2008 Second Reading Page 15 of 16 SECTION 8, Codification. Provisions of this Ordinance shall be incorporated in the City 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 any Whereas clauses and boilerplate provisions (i.e. Sections 6- 8) 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 , 2008, and duly PASSED and ADOPTED this day of , 2008, Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008 John W, Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Arterial Setback Ordinance: June 3, 2008 Second Reading Page 16 of 16 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE, LAND USE ORDINANCE CONCERNING SPECIAL [ARTERIAL] SETBACKS AND ASSOCIATED STREET STANDARDS ADOPTED IN ORDINANCE 2836 Annotated to show deletions and additions to the code sections being modif~ Deletions are bold. and additions are in bold underline, --.-J WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted, All the authority thereof shall have perpetual succession, WHEREAS, the above referenced grant of power has been interpreted as a.ffording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v, International Ass'n of Firefiohters. Local 1660. Beaverton S~20 Or, App, 293,531 P 2d 730, 734 (1975; and WHEREAS, Section 18,68,050 of the City of Ashland Municipal Code currently provides for a special 20 foot setback on Arterial Streets; and WHEREAS, Planning staff sent notice to the DLCD in accordance with ORS 197,610 on February 22, 2008; and WHEREAS, the Planning Commission cor-' . advertised hearing on April 8, 2008 and rei ndment at a duly ~ ordinance; and WHEREAS, the City Council considered th hearing on May 20,2008 and following revi public input and the evidence in the record reading of the Ordinance and moved the Or {l~ a duly advertised lfter considering lducted first ~; and WHEREAS, on June 3, 2008 the City Council conducted Second Reading of the Ordinance and approved adoption of the Ordinance; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to modify this setback as regards certain arterial streets; namely Lithia Way, and Arterial Setback Ordinance: June 3, 2008 Second Reading Page 1 of 16 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.68.050 of the Ashland Municipal Code is amended to read as follows: 18.68.050Arterial Street Special Setback Requirements. To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street East Main Street, between City limits and Lithia Way Ashland Street (Highway 66) between City limits and Siskiyou Boulevard Setback 35 feet 65 feet Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with the exception of the C-1-D district and properties abuttina Lithia Way in the C-1 district. SECTION 2. Section 18.88.020. K [Definitions - Street Standards] of the Ashland Municipal Code is amended to read as follows: K, Street Standards, All standards under 18.88.050 and all AU standards in the City of Ashland Street Standards Handbook as adopted in Ordinance 2836 and as amended by Ordinance rJune 3. 20081 are specifically incorporated herein and made a part hereof by this reference. aAEI standards under 18.88.050. SECTION 3. The Ashland Street Standards Handbook, Table 1 on page 20, as adopted by Ordinance 2836 is hereby amended to read as follows: TYPE OF STREET ADT R.O.W. CURB- TO- MOTOR MEDIAN WIDTH CURB VEHICLE AND/OR PAVEMENT TRA VEL CENTER WIDTH LANES TURN LANE 2.Lane Boulevard 8,000 to 81'-87' 34' 11' none BIKE PARK- CURB LANES ING on on on both both ,both sides sides sides 2al6' in 8' 6" 1~'-8' each bays Page 2 of 16 Table 1: City of Ashland Street Design Standards WITHIN CURB-To-CURB AREA Arterial Setback Ordinance: June 3, 2008 Second Reading 3-Lane Boulevard 30,000 73'-99' 46' 11' 12' 2at6' in 8' 6" ,'S'-S" 6'_10" each bays S-Lane Boulevard ADT 9S'-121' 6S' 11' 12' 2at6' in S' 6" '~'-S" 6'_10" each bays 2-Lane Avenue 3,000 to S9'-S6' 32'-33' 10'-10,S' none 2at6' in S' 6" "~'-S" 6'.10" each bays 10,000 3-Lane Avenue ADT 70.S'- 43.S'-44.S' 10'.10.S' 11.S' 2at6' in S' 6" "~'-S" 6'-10" 97.S' each bays Neighborhood Collector, Residential 1,SOO to NA NA' No Parlcing S,OOO 49'.S1' 22' 11' none 6" S' S'-6' Parlcing One Side ADT SO'.S6' 2S'-27' 9'.10' one 7' 6" 7'-S' S'-6' lane Parlcing Both Sides S7'-63' 32'-34' 9'-10' two 7' 6" 7'-S' S'-6' lanes Neighborhood Collector, Commercial Parallel Parlcing One Side SS'.6S' 2S' 10' oneS' 6" 1~'-S" 6'_10" lane Parallel Parlcing Both Sides 63'-73' 36' 10' two S' 6" "~'-S" 6'_10" lanes Diagonal Parlcing One Side 6S'-74' 37' 10' one 6" "~'-S" 6'.10" 17' lane Diagonal Parlcing Both Sides S1'-91' 54' 10' two 6" "~'-S" 6'.10" 17' lanes Neighborhood Street, Residential less NA NA' than Parlcing One Side 1,SOO 47'-S1' 22' 1S' one 7' 6" 7'-S' S'.6' Queuing lane Parlcing Both Sides ADT 11'.14' SO'.S7' 2S'.2S' Queuing tw07' 6" 7'-S' S'.6' lanes Alley NA 16' 12' paved NA NA NA none none none none width,2' strips on both sides Multi-Use Path NA AlA NA NA none none none none ~ width, 2'-4' -- ----- strips on both sides ......... V ( , hard scape parlcrow with tree wells shall be used in commercial areas · 6' sidewalk shall be installed in residential areas, S'.10' sidewalk shall be installed in commercial areas ~ bike lanes are generally not needed on low volume (less than 3,000 ADT) and/or low travel speed (Less than 2Smph) street r ~ 1 7'- 8' landscalJe lJarkrow shall be installed in residential areas, 111.'lilliIl5~ hardscape parkrow with tree wells shall be used installed in commercial areas. Arterial Setback Ordinance: June 3, 2008 Second Reading Page 3 of 16 2 6' sidewalk shall be installed in residential areas, 8'-10' sidewalk shall be installed in commercial areas. Alll.tlllmim 10' sidewalk shall be reauired on Boulevards (arterial) streets in the Downtown DesiQn Standards Zone. 3 bike lanes are generally not needed on low volume (less than 3,000 ADT) and/or low travel speed (Less than 25mph) streets SECTION 4. The Ashland Street Standards Handbook, Street Design Standards, (pages 21 to 30), as adopted by Ordinance 2836. are hereby amended to read as follows: Street Design Standards A description of street design standards for each street classification follows, For an abbreviated presentation of the street right-of-way standards, see Table 1, All elements listed are required unless specifically noted. Approval Standards: New and reconstructed streets shall conform to the following design standards. Boulevard Boulevards are major thoroughfares filled with both human and vehicular activity, Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the boulevard's use as a public space. Design should start with the assumption that the busy nature of a boulevard is a positive factor and incorporate it to enhance the street scape and setting. A 2-lane, 3- lane, or 5-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses, Street Function: Provide access to major urban activity centers and provide connections to regional traffic ways such as Interstate 5. Traffic without a destination in Ashland should be encouraged to use regional traffic ways and discouraged from using boulevards, Connectivity: Connects neighborhoods to urban activity centers and to regional traffic ways such as Interstate 5, Average Daily Traffic: 8,000 - 30,000 motor vehicle trips per day Managed Speed: 25 mph - 35 mph Arterial Setback Ordinance: June 3, 2008 Second Reading Page 4 of 16 Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: · 61' - 87' for 2-Lane · 73' - 99' for 3-Lane . 95' - 121' for 5-Lane . 34' for 2-Lane . 46' for 3-Lane . 68' for 5-Lane · Two 11' travel lanes for 2-Lane · Two 11' travel lanes, one 12' median/center turn lane for 3-Lane · Four 11' travel lanes, one 12' median/center turn lane for 5-Lane Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic, In 8' - 9' bays Curb and Gutter: Yes 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkrow with street trees plantod in '.Veils shall be used in commerGial areas. · 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · ..inillil.5' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on- street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Arterial Setback Ordinance: June 3, 2008 Second Reading Page 5 of 16 Sidewalks: Avenue &' on botll sides in residential areas, 8' 10' on-betlt sides in commercial areas · 6' on both sides in residential areas. · 8' - 10' on both sides in commercial areas. A IIlilill.. 10' sidewalk shall be reauired on Boulevards in the Downtown Desian Standards Zone. Avenues provide concentrated pedestrian, bicycle, transit and motor vehicle access from neighborhoods to neighborhood activity centers and boulevards, Avenues are similar to boulevards, but are designed on a smaller scale. Design should provide an environment where walking, bicycling, using transit and driving are equally convenient and should facilitate the avenue's use as a public space, A 2-lane, or 3-lane configuration can be used depending on the number of trips generated by surrounding existing and future land uses, Street Function: Connectivity: Average Daily Traffic: Provide access from neighborhoods to neighborhood activity centers and boulevards. Connects neighborhoods to neighborhood activity centers and boulevards. 3,000 - 10,000 motor vehicle trips per day Managed Speed: 20 mph - 25 mph Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: . 59' - 86' for 2-Lane · 70,5' - 97,5' for 3-Lane . 32' - 33' for 2-Lane . 43.5' - 44,5' for 3-Lane . Two 10' - 10,5' travel lanes for 2-Lane · Two 10' - 10,5' travel lanes, one 11,5' median/center turn lane for 3-Lane Arterial Setback Ordinance: June 3, 2008 Second Reading Page 6 of 16 Bike Lanes: Two 6' bike lanes, one on each side of the street moving in the same direction as motor vehicle traffic Parking: In 8' - 9' bays Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: 7' 8' on both sides. Hardscape parkro',,: ",a:ith street trees plaFlted in 'f:ells shall be used in commercial areas. · 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · .111.'IIIIIIIS' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on- street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. Sidewalks: 6' on both sides in residential areas, 8' 10' on-beth sides in commercial areas · 6' on both sides in residential areas. · 8' - 10' on both sides in commercial areas. Neighborhood Collector Neighborhood Collectors provide access to neighborhood cores and gather traffic from various parts of the neighborhood and distribute it to the major street system, Different configurations with several on-street parking options are provided for residential and commercial areas. Residential Neighborhood Collector Street Function: Provide access in and out of the neighborhood, Arterial Setback Ordinance: June 3, 2008 Second Reading Page 7 of 16 Connectivity: Average Daily Traffic: Managed Speed: Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: Collects traffic from within residential areas and connects these areas with the major street network, 1,500 to 5,000 motor vehicle trips per day 15 mph - 20 mph . 49' - 51' for No On-Street Parking . 50' - 56' for Parking One Side . 57' - 63' for Parking Both Sides . 22' for No On-Street Parking . 25' - 27' for Parking One Side . 32' - 34' for Parking Both Sides . Two 11' travel lanes for No On-Street Parking . Two 9' - 10' travel lanes' for Parking One Side and Parking Both Sides Generally not needed on low volume/low travel speed streets, If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane shall be required, . One 7' lane for Parking One Side . Two 7' lanes for Parking Both Sides Parking may be provided in 7' bays rather than a Gontinuous on-street parking lane, Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: Sidewalks: . 8' parkrow on both sides for No On-Street Parking . 7' - 8' parkrows on both sides for Parking One and Both Sides 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic Arterial Setback Ordinance: June 3, 2008 Second Reading Page 8 of 16 Commercial Neighborhood Collector Street Function: Connectivity: Average Daily Traffic: Managed Speed: Right-of-Way Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: Provide access in and out of neighborhoods and to neighborhood core with shopping and services, Collects traffic from within residential areas, Provides neighborhood shopping opportunities and connects these areas with the major street network. 1,500 to 5,000 motor vehicle trips per day 15 mph - 20 mph · 55' - 65' for Parallel Parking One Side · 63' - 73' for Parallel Parking Both Sides · 65' - 74' for Diagonal Parking One Side · 81' - 91' for Diagonal Parking Both Sides . 28' for Parallel Parking One Side . 36' for Parallel Parking Both Sides · 37' for Diagonal Parking One Side · 54' for Diagonal Parking Both Sides Two 10' travel lanes Generally not needed on low volume/low travel speed streets, If motor vehicle trips per day exceed 3,000, and/or actual motor vehicle travel speeds exceed 25 mph, a bike lane may be needed, . One 8' lane for Parallel Parking One Side . Two 8' lanes for Parallel Parking Both Sides . One 17' lanes for Diagonal Parking One Side . Two 17' lanes for Diagonal Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane, Curb and Gutter: Yes, 6" vertical/barrier curb Arterial Setback Ordinance: June 3, 2008 Second Reading Page 9 of 16 Parkrow: Sidewalks: Neighborhood Street 7' 8' on both sides. Hardscape parkrow_with street trees planted in \...~ells shall be used in commercial areas. · 7' - 8' landscape parkrow shall be installed in residential areas. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · 1::1I111...II...S' hardscape parkrow shall be used in commercial areas with on-street parkina and where the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on- street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. 6' - 10' on both sides Neighborhood Streets provide access to individual residential units and neighborhood commercial areas. Different configurations with several on-street parking options are provided for residential and commercial areas, Neighborhood Street: Street Function: Connectivity: Average Daily Traffic: Managed Speed: Right-of-Way For use in the following single-family residential zones - WR (Woodland Residential), RR - 1 and RR - ,5 (Low Density Residential, and R-1-3,5, R-1-5, R-1-7,5 and R-1-10 (Single- Family Residential) unless specifically noted. Provide access to individual residential units and commercial areas. Connects to higher order streets, 1,500 or less motor vehicle trips per day 10 mph - 20 mph Arterial Setback Ordinance: June 3, 2008 Second Reading Page 10 of 16 Width: Curb-to-Curb Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: · 47' - 51' for Parking One Side · 50' - 57' for Parking Both Sides · 22' for Parking One Side · 25' - 28' for Parking Both Sides · One 15' queuing lane for Parking One Side · One 11' queuing lane for Parking Both Sides in the R-1 zone, One 14' queuing lane for Parking Both Sides in higher density residential areas (i.e, R-1-3,5, R-2 and R- 3) On local residential streets with adequate off-street parking, a single 14' wide traffic lane may be permitted for both directions of vehicle traffic, The single traffic lane is intended to create a "queuing street" such that when opposing vehicles meet, one of the vehicles must yield by pulling into a vacant portion of the adjacent parking lane, This queuing effect has been found to be an effective and safe method to reduce speeds and non-local traffic, Generally not needed on low volume/low travel speed streets. · One 7' lane for Parking One Side · Two 7' lanes for Parking Both Sides Parking may be provided in 7' bays rather than a continuous on-street parking lane, Curb and Gutter: Yes, 6" vertical/barrier curb Parkrow: · 8' parkrow in residential areas on both sides for No On- Street Parking, Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · 7' - 8' parkrows in residential areas on both sides for Parking One and Both Sides, Street trees shall be plated in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. · li:iil:li'billliill,.5' hardscape parkrow shall be used in commercial areas with on-street parkina and where Arterial Setback Ordinance: June 3, 2008 Second Reading Page 11 of 16 Sidewalks: Alley the street corridor has or will have a hardscape parkrow in place. Landscape parkrows may be appropriate in some commercial areas without on- street parkina. or where the overall desian concept for the street corridor includes a landscape parkrow. The minimum width of a landscaped parkrow in commercial areas shall be 7'. Street trees shall be planted in the parkrow in accordance with the Street Tree Standards in the Site Desian and Use Standards. 5' - 6' on both sides, use 6' in high pedestrian volume areas with frequent 2-way foot traffic The alley is a semi-public neighborhood space that provides access via the rear ofthe property, The use of alleys eliminates the need for front yard driveways and provides the opportunity for a more positive front yard street scape, allows the street located adjacent to the front of properties to be designed using a narrow width with limited on-street parking, and creates the opportunity for the use of narrower lots to increase residential densities. Alleys are appropriate in all residential areas and in some commercial areas for business frontage. Alleys provide access and delivery depending on the circulation pattern of the area. Street Function: Connectivity: Average Daily Traffic: Managed Speed: Right-of-Way Width: Pavement Width: Motor Vehicle Travel Lanes: Bike Lanes: Parking: Provide rear yard access and delivery to individual residential and commercial properties, and an alternative utility placement area, Connects to all types of streets. Not applicable Not applicable, motor vehicle travel speeds should be below 10 mph 16' 12' with 2' graveled or planted strips on side Not applicable Not applicable, bicyclists can easily negotiate these low use areas No parking within the right-of-way Arterial Setback Ordinance: June 3, 2008 Second Reading Page 12 'of 16 Curb and Gutter: Not curb, use inverse crown Parkrow: Not applicable Sidewalks: Not applicable, pedestrians can easily negotiate these low use areas Multi-use Path Multi-use paths are off-street facilities used primarily for walking and bicycling. The:se paths can be relatively short connections between neighborhoods (neighborhood connections), or longer paths adjacent to rivers, creeks, railroad tracks and open space. Function: For pedestrians and bicyclists, provide short connections between destinations and longer paths in situations where a similar route is not provided on the street network. Connectivity: Enhances route options and shorten distances traveled for pedestrians and bicyclists. Right-of-Way Width: 12' - 18' Pavement Width: 6' - 10' with 2' - 4' graveled or planted strips on side Curb and Gutter: No curb SECTION 5. The Ashland Site Design and Use Standards Handbook, Street Tree Standards, (pages 29 to 30), as adopted by Ordinance --1. and authorized in Section 18,72,080, are hereby amended to read as follows: E. Street Tree Standards Approval Standard: All development fronting on public or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended list of street trees. II-E-1 ) Location for Street Trees Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide, Street trees shall include irrigation, root barriers, and generally conform to the standards established by the Department of Community Development. Arterial Setback Ordinance: June 3, 2008 Second Reading Page 13 of 16 II-E-2) Spacing, Placement, and Pruning of Street Trees All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect the decision, Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follow: 1) Street trees shall be placed at the rate of one tree for every 30 feet of street frontage, Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches, 2) Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than 10 feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. 3) Street trees shall not be planted closer than 20 feet to light standards. Except for public safety no new light standard location shall be positioned closer than 10 feet to any existing street tree, and preferably such locations will be at least 20 feet distant. 4) Trees shall not be planted closer than 2 % feet from the face of the curb except at intersections where it shall be 5 feet from the curb, in a curb return area, 5) Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines. shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees, or tree wells. shall be at least.tO 25 square feet; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. SpaGe bet\\f.een the tree and such hard surface be Go\.'ered by permeable non permanent hard surfaces such as grates, bricks on sand, or paver blocks. Tree wells shall be covered ~~}!~~~..9rat~sin accordance with cit s ecifications.,...~;';. <.'; Arterial Setback Ordinance: June 3, 2008 Second Reading Page 14 of 16 7) Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks and 12 feet above street roadway surfaces, 8) Existing trees may be used as street trees if there will no damage from the development which will kill or weaken the tee. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor, II-E-3) Replacement of Street Trees Existing street trees removed by development projects shall be replaced by the developer with those from the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor, II-E-4) Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission, SECTION 6 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 7, Savings Clause. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement or other land use actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or actions commenced during the times said ordinance(s) or portions thereof were operative. SECTION 8, Codification. Provisions of this Ordinance shall be incorporated in the City 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 any Whereas clauses and boilerplate provisions (Le, Sections 6- 8) 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 , 2008, and duly PASSED and ADOPTED this day of , 2008, Arterial Setback Ordinance: June 3, 2008 Second Reading Page 15 of 16 Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008 John W, Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney Arterial Setback Ordinance: June 3, 2008 Second Reading Page 16 of 16 CITY OF ASHLAND Council Communication Ordinance amending AMC 2.28 - Administrator Delegation Meeting Date: April 15, 2008 Primary Staff Contact: Richard Appicello Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us Secondary Dept.: City Administr Secondary Contact: Martha Bennett Approval: Martha Berm Estimated Time: 5 minutes / Ordinance Question: Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance amending AMC Chapter 2.28, relating to delegation of duties to the City Administrator for acceptance of interest in real property and the renewal of intergovernmental agreements" and move the ordinance on to Second Reading on June 17, 2008.? Staff Recommendation: Staff recommends Council approval of First Reading by title only and move the Ordinance on to Second Reading set for June 17,2008, Background: The City Council often sees routine matters on the Agenda because there is no formal delegation to the City Administrator to dispose of such matters, For example, the 5-20-08 Agenda included two easements for acceptance under ORS 93,808, [The City's acceptance of title to or an interest in real property must be shown on the legal instrument for recording to occur], In addition, the Council has seen a number of routine Intergovernmental Agreements renewals (I GAs) with the State of Oregon Building Codes Division in recent months. Technically, absent a formal delegation, such matters are to be approved by the governing body, Because there is no need to clutter the Council's Agenda with routine matters, the Department head team discussed and recommends formally delegating to the City Administrator the authority to handle such matters administratively. Matters requiring public hearings (e,g, acceptance of a conservation easement) are not subject to delegation, Related City Policies: City Charter Article 10, Ordinance adoption procedures; ORS 93.808 (acceptance); ORS Chapter 190 (Intergovernmental Agreements) Council Options: (1) Move to approve First Reading and continue the matter to June 17,2008 for Second Reading, (2) Postpone consideration, Potential Motions: Staff: [Conduct First Reading of Ordinance by Title only] Council: Motion to approve First Reading and set Second Readingfor June 17, 2008. Attachments: Proposed ordinance Page I 060308 Administrator Delegation.CC.doc r., ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 2.28 RELATING TO DELEGATION OF DUTIES TO THE CITY ADMINISTRATOR FOR ACCEPTANCE OF INTEREST IN REAL PROPERTY AND THE RENEWAL. OF INTERGOVERNMENTAL AGREEMENTS Annotated to show deletions and additions to the code sections being modified, Deletions are bold . and additions are bold underlined. WHEREAS, ORS 93.808 requires that the approval of a governmental unit such as the City of Ashland be shown on any instrument conveying title or an interest in real property to the City in order for that instrument to be recorded; and WHEREAS, the City of Ashland wishes to delegate to the City Administrator the task of indicating the City's acceptance of routine instruments that convey title or any interest in real property to the City; and WHEREAS, conveyances requiring public hearings before the City Council under state or local law (i.e. conservation easements, open space acquisitions) are exempted from this delegation; and WHEREAS, ORS 190,010 allows the City to enter into intergovernmental agreements with other units of local government; and WHEREAS, the City of Ashland wishes to delegate to the City Administrator the task of renewing intergovernmental agreements for the City when the terms of the agreement remain the same, or the terms are modified in accordance with the agreement; and WHEREAS, intergovernmental agreements that require public hearings before the City Council under state or local law are exempted from this delegation; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. New Section. A new Section 2.28.045 [City Administrator - Delegated duties] is hereby added to read as follows: 2.28.045 City Administrator - Deleaated duties. A. Acceptance of real property. or interest therein. Except when a public hearina before the aovernina body is reauired by state or local law. the City Council hereby authorizes and deleaates to the City Administrator the authority to indicate. for purposes of recordina in Official Deed records. the City of Ashland's acceptance of real property title or an interest in real property pursuant to ORS 93.808. The City Administrator may execute an instrument conveyina title to the City or conveyina an interest in real property to the City. after approval of the form by the City Attorney and approval of the description of the property by the City Surveyor. City acceptance shall be in substantiallv the followina form: CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND. Grantee City Administrator Delegation Ordinance Page 1 of2 By: City Administrator. City of Ashland. Oreaon STATE OF OREGON } ) ss. } .20 County of Jackson The foreaoina instrument was acknowledaed before me this day of . 20 . by as City Administrator of the City of Ashland. Notary Public for Oreaon My commission expires: B. Renewal of interaovernmental aareements. The City Council hereby deleaates its authority to renew interaovernmental aareements to the City Administrator when: 1) state or local law does not reauire a public hearina before the aovernina body. 2) the terms of the interaovernmental aareement will remain the same. or be modified in accordance with the aareement. and 3) the renewal is approved by the City Attorney and the department head that is affected by the renewal. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors, 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 , 2008, and duly PASSED and ADOPTED this day of , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2008, John W. Morrison, Mayor Reviewed as to form: Richard Appicello, City Attorney City Administrator Delegation Ordinance Page 2 of2